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LS98-01 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT SUBDIVISION APPLICATION FOR: Plat Lot Split PROPERTY INFORMATION: - site plan required for submittal, see attached Address: /D Z7 Property Identification Number: Legal Description: Lot Block_� Tract/Addition Current Zoning: Square footage/acreage: Z 6� 776, Reason for Subdivision: Sjn// 'a.0/- Have you operated a business in a city which required a business license? Yes No X_ 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: Co//v _ ADDRESS: /D Z 7 : Z- DAYTIME PHONE: - d SIGNATURE/ ATE: _ PETITIONER INFORMATION NAME: 4,c 4xg-o vG ADDRESS: DAYTIME PHONE: SIGNATURE/DATE: S- °7-C7 g FEES Plat: $500.00 for 20 Lots, $15.00 for each additional lot Total Fee: Lot Split: $250.00 X _ Receipt#: -�6y6 Received By: Application Number: Scheduled Planning Commission Date: j L 1'4 1 f Scheduled City Council Date: ;V. 1"a f 10 Day Application Complete Notification Date: ,L'1.1'( t 1fl 60 Day Date: 1919 _ City of Fridley Land Use 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 � i 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 T �I I i I �vnaEWER MH CERTIFICATE OF SURVEY 3 I PROPOSED LOT SPLIT PROPOSED 15'PRIVATE EASEMENT \ \ \ O I \ \ \ \\\ \ 1 STORY I \\ \\ W000 FRAME if 6542 -- � ---------`- 5' UTILITY EASEMENT 107.24 ----------- ---------- 107.24 ----- N 88'47'15"W ------ U 2 4 O O c 0 a4 rn ai o W o 3 � S 88'47'1 1"E 107.17 w o N un 24.1 O O O N ( h N ti SCALE: 1" = 20' 16 O ^ oq` Z O DENOTES IRON PIPE MONUMENT SET \\ 10.2-- y 70.8 24.1 ♦� -22.1- 0 V 12.6 .�` Y 1015 � �' y 31.7 H I ORIGINAL PARCEL 1 1 2 STORY LOT 1, BLOCK 2, BROOKVIEW SECOND ADDITION according to the recorded plat thereof 12.1 Anoka County, Minnesota W000 FRAME -22.B- 66 AREA = 26.776.2 SOFT. N f 1027 PROPOSED NEW PARCEL O The North 95.0 feet, as measured along the east and west lines of LOT 1, BLOCK 2, h 12.1- O BROOKVIEW SECOND ADDITION according to the recorded plat thereof, Anoka County, Minnesota. AREAS- 10,180 SOFT. RESIDUE PARCEL I That part of LOT 1, BLOCK 2, BROOKVIEW SECOND ADDITION, according to the recorded I I plot thereof, Anoka County, Minnesota, lying South of the North 95.0 feet, as measured i alongthe east and west lines thereof. AREA = 16,596 SO.FT. e I I I I I I 'X IN CONC.- RETAINING WALL-- I ! 'X IN CONC. 107.06 S 88'47'15"E I hereby certify that this survey plan report was prepared by m r under my MISSISSIPPI STREET direct auper'nston and that 1 am a duly Registered Land Surveyor under the taws of the 'a State of Minnesota North x-7130 University Ave. American ---------- o Fridley, Mn. 55432 Surveys (612)502-0579 Detec_ ?? q 9e —_Rep No.9293 00 m tyl'a5 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 July 1, 1998 at 7:30 p.m. for the purpose of: Consideration of a Lot Split,LS#98-01, by Cully &Michele Smutzoer,to sell the unused portion of the property on Lot 1 Block 2,Brookview Second generally located at 1027 Mississi,ppi Street Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions relat- ed to this item may be referred Scott Hickok, Planning Coordinator at 572-3599. Hearinattend who need'red an inteersons rpreterr planning other per- sons with disabilities who require auxiliary aids should contact Roberta Collins at 572- 3500 no later than June 24, 1998. DIANE SAVAGE, CHAIR PLANNING COMMISSION (June 18, 25, 1998) Fridley, Columbia Heights,Hilltop Focus News i 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, July 1, 1998 at 7 :30 p.m. for the purpose of : Consideration of a Lot Split, LS #98-01, by Cully & Michele Smutzoer, to sell the unused portion of the property on Lot 1 Block 2, Brookview Second, generally located at 1027 Mississippi Street 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 Scott Hickok, Planning Coordinator at 572-3599. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than June 24, 1998 . DIANE SAVAGE CHAIR PLANNING COMMISSION Publish: June 17, 1998 June 24, 1998 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property generally located at 1027 -2iississpp; Street . CASE NUMBER: Lot Split #98-01 APPLICANT: Cully & Michelle Smutzoer PURPOSE: To allow for a lot split to sell the unused portion of the property on Lot 1 Block 2 Brookview Second LOCATION OF 1027 Mississippi Street PROPERTY AND LEGAL Lot 1 Block 2 Brookview Second DESCRIPTION: DATE AND TIME OF Planning Commission Meeting: HEARING: Wednesday, July 1, 1998 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 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 572-3500 no later than June 24, 1998. ANY QUESTIONS: Contact Scott Hickok, Planning Coordinator at 572-3599. June 17, 1998 Publish: June 24, 1998 66 UJ z w w z 3 1027 Mississippi St Lot So it 0 S MSSISSIPPI ST NE I M Ri-I w ------------ -Rfz a V °C Zoning Desi"ons: N R-1 -One Family Urrts T �t Spfi+j IS #98-01 W E � CITY l l R-2 -Two Family ple Lv a+ + OF 0 R-3 -General Multiple Urrts �j'► RA Mobile Home Per g FRIDT r�T JU PUD Raarmed Urrt DevelgxnentND Date:06/23/1998 r S- -Hyde Park nerl District Petitioner:• Cully& S�2 -Redeveigxnent Uistrid 0 C-1 -Local Business Compiled and drawn from official records based 0 C-2 General Business Mchele Sinutzoer on Ordinance No.70 and Zoning Map effective ®C-3 General Shopping date 127/56 together with all amending adn- C-R1-General Office Lot Split LS #98-11antes adopted and effective as of 2/17/97. M.1 -Light Industrial EM M-2 -Heavy Industrial � Zoning: R 1 Single Family The(Sty of Fridley has taken every effort to pro- M3 -Outdoor Intensive Ind. � RR -Railroads vide the most up-to-date infomrtation available. 0 P -Public Facilities 1027 A&sissippi St NE The data presented here is subject to change. WATER — — The City of Frkiey will riot be responsible for 0 RGHT-OF-WAY unforeseen errors or usage of this docurnent. MICHAEL SERVETUS UNI SOCIETY VAGOVICH PETER M JOHNSON DENNIS L&MARY J 980 67TH AVE NE 6600 BROOKVIEW DR NE 6600 LUCIA LN NE FRIDLEY MN 55432 FR DLEY MN 55432 FRIDLEY MN 55432 FLATTUM STEVEN - WELLS LEWIS G JR& ETHEL M THOMAS DEAN B &BETTY J 6566 BROOKVIEW DR NE 6553 OAKLEY DR NE 6550 LUCIA LN NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 HOBBS MICHAEL W&REBECCA A DOYLE WILLIAM[H&KAREN A DOYLE WIL H&KAREN A 6554 BROOKVIEW DR NE 6551 OAKLEY DR NE 6551 OAKLE R NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 MN STATE OF IN TRUST PLANTZ PAUL C&MELINDA L MARCHAND HAROLD E C/O ANOKA COUNTY 6542 BROOKVIEW DR NE 1001 MISSISSIPPI ST NE ANOKA MN 55303 FRIDLEY MN 55432 FRIDLEY MN 55432 KURAK JOHN RAINEY HERBERT F& SUSAN J EISENZRvfM ER PETER D&M M 6547 OAKLEY DR NE 6540 LUCIA IN NE 6535 OAKLEY DR NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 SMUTZLER CULLY A&MICHELE M HATCHER GEORGE M&CAROL B PETERSON GARY W&LEANNA K 1027 MISSISSIPPI ST NE 1015 MISSISSIPPI ST NE 1133 MISSISSIPPI ST NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 MAYERS HILARY L&DORIS T MELTON DONALD F&MARIAN W R=L RICHARD C&BETTY J 969 MISSISSIPPI ST NE 980 MISSISSIPPI ST NE OR CURRENT RESIDENT FRIDLEY MN- 55432 990 MISSISSIPPI ST NE- FRIDLEY MN 55432 FRIDLEY MN 55432 LINDSTROM EUGENE R&DONNA SHACKLETON SARAH A LANE EUGENE T 1010 MISSISSIPPI ST NE 6489 TAYLOR ST NE 1132 MISSISSIPPI ST NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 TOLLEFSON EVELYN SEEKON DORIS M SELIX DONNA J 6473 TAYLOR ST NE 6450 TAYLOR ST NE 6451 TAYLOR ST NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 MONTAIN JAMES D&ALICE C CURRENT RESIDENT DIANE SAVAGE 6444 TAYLOR ST NE 6565 OAKLEY ST NE 567 RICE CREEK TERRACE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 AW_Form No 1-M—,WARRANTY-DEED , Minnesota Uniform Conveyancing Blanks(1978) Miller-Davis Cos St Paul...... . Individual(s)to Individuals(s) r No delinquent taxes and transfer entered; Certificate of Real Estate Value ( )filed ( )not required Certificate of Real Estate Value No. , 19 County Auditor V by Deputy STATE DEED TAX DUE HEREON: �. Date: November 1 1998 (reserved for recording data) FOR VALUABLE CONSIDERATION, Cully A. Smutzler and Michele M. Smutzler, husband and wife (marital status) ,Grantor(s), hereby convey(s)and warrant(s)to Tom Stanek fff Grantee(s) real property in Anoka County,Minnesota,described as follows: The North 95.0 feet of Lot 1, Block 2, BROOKVIEW SECOND, as measured along the east and west lines of said Lot 1. The Seller certifies that the seller does not know of any wells on described property. (if more space is heeded,continue on back) together with all hereditaments and appurtenances belonging thereto,subject to the following exceptions: Subject to restrictions, reservations and easements of record, if any. Affix Deed Tax Stamp Here 6y A. Smutzler ! STATE OF MINNESOTA ) 2ftc4hele �(COUNTY OF SS. M. Smutzler ` The foregoing instrument was acknowledged before me this -70 day of Nov m , 1998_, i by Cully A. Smutzler and Michele M. Smutzler, husband and wife Grantor(s). - II 3 NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RANK): SIO TURE OF PERSON TAKING ACKNOWLEDGMENT TRENT N.SMUTKA NOTARY pUBUC•YINNESOTA Tax Statements for the real property described in this insuulnelt should be sent to(include name and address of Grantee): Mrcomml><tbnErplraJan.91,Y000 Tom Stanek i TIIIS INSTRUMENT WAS DRAFTED BY(NAME AND ADDRESS): APPROVED-EOR TRANSFER Registered Abstracters, Inc. TRANSFER J 2115 Third Avenue North L".fIt: — withcul ond'itions Anoka, MN 55303 Ir le one City of 'f - D IVA/ B � l { (SEAL) Recommendation (cont.) ♦ A $750 . 00 Park Dedication Fee shall be paid before the building permit is granted. ♦ A $ 1 ,000 storm water fee shall be paid before the building permit is granted. l Lot Split, LS #98- 01 ♦ RECOMMENDATION: ♦ Staff recommends that the Planning Commission recommend approval of the subdivision request LS #98-01 , with the following stipulations: ♦ Approval of a variance for the existing garage from 30 feet to 22 . 1 feet ♦ All easements be dedicated as illustrated on staff' s Exhibit A (Attached). LOT SPLIT, LS #98- 01 ♦ lot line shall not be closer to said side street than thirty (30) feet; provided however, that this regulation shall not be interpreted as to reduce the buildable width of a corner lot to less than twenty-five (25) feet". ♦ The Petitioners have submitted their application to begin the variance process. low LOT SPLIT 9 LS # 98- 01 ♦ A variance will be required due to the location of the existing garage, relative to the new lot line. ♦ Code Section 205 .07 .03 .D . (2) . ( c ) ((2)), requires that "When the lot to the rear of the corner lot has frontage along a side street, no accessory building on the corner lot within twenty-five (25) feet of the common LOT SPLIT, LS # 98- 01 ♦ The existing parcel is 26, 787 s. f. ♦ The current dimension of 107 . 24 ' X 250 ' will be reconfigured in the following manner: ♦ Lot 1 , 107.24 X 155 . 00, 16,603 s. f. ♦ Lot 2, 107.24 X 95 .00, 10, 184 s .f. ♦ A home exists and will continue to exist on the larger lot (closest to Mississippi Street) . now— L 0 T SPLIT. LS # 9801 { ♦ The property is zoned R- 1 Single Family 04 Residential. W ♦ R- 1 zoned property 1027 Mississippi St surrounds this site. � Lot split ♦ A minimum lot area of WSSISSIPF4 Sr NE 9,000 s.f. is required. TT R LO ♦ Asro osed each lot = p p will exceed 9,000 s.f. LOT SPLIT, LS #98- 01 ♦ Michele and Cully Smutzler are requesting the subdivision of Lot 1, Block 2 of Brookview Second Addition into 2 lots. The new parcel will face Brookview Drive NE. The Smutzler home at 1027 Mississippi will remain and will simply have a reduced size lot if the requested lot split is approved. OT SPLIT, LS #98- 01 Michele and Culley Smutzler 1027 Mississippi Street ., IT, r _ -.; •,,._. — -� -- — _ _� Y �.. �•�+rf'-ter - _ — x r s cx C:6 ,as y ct'� daN � 99t) M31 "00'6 ire 02 92 { , f rfl 4 AS(. I I w ti fu ` I I I ! I � 0 I J I I I O I i L9 9 - h� in � I v Ii i � { I IIi \ , lFo Q I I I I I I I OV A. o a z m w I j ► i j � � I 417 .� -� � l , I . � � ► ; ' IIS ; i �� 0 o y 1S 'SS1W I i IIS • I dt D.0/ �Ni1 rix3 I I I i i '-- 1 i LLtA II LO II i_ � � � I ISI , � i , 1111 i t I IL II-d- --:-I I i - .illi� � � � � I � ; itj Ali 086 it I I � I i l i I i ! ! ; II , ; I I � i � , I- - - I o I i I I � ; i-; I � I � ; III 6� cu co WA%Va 01 L9 � . 11 II , . It I11inOI ' 11111 I I LiIII 10 ILL T I I I . I I L'j , j I I II ' � i I - - tl ill T111 I C ItJ I� I 1 IU I i ! II li o Z u O z 1 S 0'29'3,'E ►� E6 250.00 WOW RUL FENCE r { �' ► N v; /1 32.1 c� lis 26,1. !�. ^ Rl I i 6.5 e.661 20.2 26.' 0 17. 1 1 `+ CA 1 250.00 N 0'27'03"W z 0 BROOKVIEW DRIVE \ 2.4s `-- S' VT7L1TY EASEMENT -- __ 107.24 I ---------------------- _- ------------------------- N 88'47'15"W I I 0 z rn °i• � � I 88'4 7 1 1"E I 107. 17 W � 0 � 3 I rn O 99 N h 24.1 O t\ ^4 O (V t/) N I `VLl b V V►T' 10.1.1\ 4 O I u 72.6 CQ �1011 �O c I 31.7 ti 1 1/2 AMS 11 7 w0 0 FRAME __22.a-- 66 I 7 / 1027 12 1 c� o I I i I b 1 I I I I '7r IN CONC. RETAINING WALL --„ - X IN CONC. 107.06 S 88'47'15`E �11SS1 S'SIYPI STREET 16.08 • eyoo�Cvl�w Sa 4� . v � h� anal- V1 � A � f / \ \ a V ,. ` / � •--c��—�^G�—cam 44 rlo- buy i Dir, -�-• �� , ;., \ ;. � o vl va a `� !Jr-Q� b5 R ;f Oakk Lit Serl Z i�tt�'!2r?�, i' y 16.09 a' ' by i M ► •w .•tJ r � t t t 8 1181HX3 1-7-Yd,LS tdd f SSI SEHVcn 3.Sl.Cti.88 S 90'Zo l �NOJ NI —- DYM 2NINIXIIH 'JM07 NI .X. Ul t a G sof I I ' II i U u CZOI 9b —C'ZZ- 3Mvwj OOO+M L Zi .1N01 S Z/l ! 1 v CIC � Gips I � o 9"Ztp r BDA \��•Z'01 y a h~,,, V O l•rl i U N o VI i O r•i t j � I ----- ---------- ---------- -- _------- —_- 1N3n35v3 AlnUn .9 - r � PLANNING COMMISSION MEETING, JULY 15, 1998 PAGE 6 2. The second accessory structure shall match the architectural design of the principal structure. 3. The second accessory structure shall not be used in conjunction with a home occupation. 4. The second accessory.structure must be accessed with a paved driveway to be completed 60 days after issuance of the building permit. UPON A VOICE VOTE, ALL VOTiING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Tatting stated the City Council, would consider this request on July 27. 3. PUBLIC HEARING: CONSIDERATION OF LOT SPLIT REQUEST L S #98-01 BY CULLY & MICHELE SMUTZLER: Per Section 205.07 of the Fridley Zoning Code, to allow a lot split to sell the unused portion of the property on Lot 1, Block 2, Brookview Second Addition, generally located at 1027 Mississippi Street. MOTION by Mr. Saba, seconded by Mr. Oquist, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:50 P.M. Mr. Hickok stated the petitioners are requesting the subdivision of Lot 1, Block 2, Brookview Second Addition, to divide that into two lots. The new parcel would face Brookview Drive N.E. The Smutzler home at 1027 Mississippi will remain and will simply have a reduced size lot if the request is approved. The property is zoned R-1, Single Family, as are the surrounding properties. Mr. Hickok stated the minimum lot area is 9,000 square feet. As proposed, each of the lots will exceed 9,000 square feet. The existing parcel is 26,787 square feet. The current dimension is 107.24 feet x 250. It will be reconfigured so that Lot 1 would be 107.24 feet by 155 feet for a total of 16,603 square feet. Newly created Lot 2 will be 107.24 feet x 95 feet for a total of 10,184 square feet. The home exists and will continue to exist on Lot 1, the larger lot closest to Mississippi Street. Mr. Hickok stated a variance will be required due to flhe location of the existing garage relative to the new lot line. The code requires that when the rear of a comer lot has frontage along a side street, no accessory building on a corner lot within 25 feet of the common lot line shall be closer than 30 feet to that right-of-way provided, however, this regulation is not to be interpreted as to reduce the buildable area of that corner lot to less than 25 feet. The existing garage is set back less than the 25 feet spelled out in the code. It is just over 17 feet. As such, the_garage sitting back 22.1 feet from the Fight-of. 2.06 1 f v PLANNING COMMISSION MEETING, JULY 15, 1998 PAGE 5 1. �\The second accessory structure shall be one story, 19 feet wide x 22 feet deep, and meet the standards of the Fridley Zoning Ordinance and the Uniform Building Code. 2. The s cond accessory structure shall match the architectural design of the princip structure. 3. The second\accessory structure shall not be used in conjunction with a home occupation. 4. The second a�cessory structure must be accessed with a paved driveway. Mr. Tatting stated that a\ in this case, a completion date for the driveway should be indicated. Perhaps a simil statement as the previous request indicating 60 days after issuing the building permit w uld be appropriate. The Commission members had'\17 questions of staff. Mr. Kondrick asked the petitioner if she had objections to the stipulations. Ms. Reed stated she had no objectio, s. Mr. Kondrick asked if the petitioner un44stood the 60-day timetable for completing the driveway. Ms. Reed stated her plan is that, when the\fpundation is run for the garage, the driveway will be run at the same time. \\ MOTION by Mr. Saba, seconded by Mr. Oquist, o close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE Pl} LIC HEARING CLOSED AT 7:48 P.M. Mr. Saba stated he had no problem with the request. Mr. Oquist stated the alley is to be closed so the petitioner m t do something. MOTION by Mr. Kuechle, seconded by Mr. Saba, to recommend proval of Special Use Permit, SP #98-11, by Margaret Reed, to allow the construction of second accessory structure (garage) on Lots 20 & 21, Block 5, Hyde Park, generally loc ted at 6017 - 3rd Avenue N.E., with the following stipulations: \ 1. The second accessory structure shall be one story, 19 feet wide x � feet deep, and meet the standards of the Fridley Zoning Ordinance and the Uniform Building; Code. — --- �, 2.05 PLANNING COMMISSION MEETING, JULY 15, 1998 PAGE 7 way would also need to be moved back or a variance granted to bring this into conformance. Another alternative is to reduce the width of the lot being requested. The lot is somewhat larger than necessary to meet the minimum requirements. It is possible to move the lot line back to meet the dimension. Staffs understanding is that the lot dimensions are somewhat due to the desire to sell a lot of this size and also to due to some mature trees on the site which affect where the lot line is placed. Mr. Hickok stated staff recommends approval of the lot split with the following stipulations: 1. Approval of a variance for the existing garage from 30 feet to 22.1 feet. 2. All easements be dedicated as illustrated on staffs Exhibit A (attached). 3. A $750 park dedication fee shall be paid before the building permit is granted. 4. A $1,000 storm water fee shall be paid before the building permit is granted. Mr. Hickok stated the petitioners have made an application for a variance. The variance must be approved before filing at the County. Mr. Hickok stated staff heard from one neighbor in this area who indicated concerns about how the water in the neighborhood is shed from lots back into a low area at the back of his lot. He has asked that staff look at a grading plan for any new construction on the new lot that would not contribute additional water to that low lying area. Staff will be evaluating further the grading and drainage. The Commission could make that a stipulation. Before the request goes to the City Council, staff will want to know what the options are. It would be appropriate to add a stipulation #5 that the petitioner work with staff on the grading plan to not contribute to the run off that already exists to any of the back lots. This could-be done by the creation of run off pattems on the site with a swale that would run toward the street as much as possible. Mr. Saba asked if it would make more sense to wait until there is a proposal for a building on the new lot before doing a drainage plan. Mr. Hickok stated, yes. Staff would not expect that the petitioners come in with that plan until a home plan is proposed. Mr. Kuechle stated he did not understand why there is a need for 30 feet on the side and the need for a variance. Mr. Hickok stated the code requires this when a comer lot has an accessory building that faces the street of the lot behind it, in this case the garage faces and takes access to Brookview. For ease of visibility and to keep cars parked in the driveway out of the line of sight as much as possible, the code requires that a garage be setback 30 feet if it is closer than 25 feet to the side lot line. The petitioner has now reduced the size of the lot, 2.07 PLANNING COMMISSION MEETING, JULY 15, 1998 PAGE 8 moved the side lot line to within less than 25 feet of the garage causing the garage to be set back 30 feet. If the lot line were a bit more to the north, this would not be an issue. Mr. Kuechle asked if the normal setback is 35 feet. Mr. Hickok stated, yes. However, on a comer lot there are special provisions in the code. A corner lot's side yard can have the principle building as close as 17.5 feet to the side right-of-way line. But for an accessory building, the impact is not only the garage but the vehicles that would sit in front of it. The intent of the code was that, if the garage sits too close to the side lot line and cars are parked in front of it, it would create a closed in feel for the lot, in this case, to the north. Mr. Kuechle asked if there is a problem with the 22 foot setback as well. Mr. Hickok stated the setback is 17.5 feet on the side yard of a comer lot. The petitioner meets the 35 foot front yard setback. Technically for a comer lot, the narrowest dimension becomes the front regardless of which way the house faces, and they can go to within 17.5 feet on the side lot. Mr. Oquist asked who pays the two fees. Mr. Hickok stated either party could pay the fee; however the petitioner is saying this is part of their cost of the subdivision. The fees must be paid before a building permit is issued. Ms. Smutzler stated she had no additional comments. She understands the need to wait for the variance to go through and there is a City Council meeting for the variance and one for the lot split. Mr. Kondrick stated this was correct. He asked the petitioner if she understood that by adjusting the lot line they could eliminate the need for the variance. Ms. Smutzler stated she understood. They want to make a larger lot. They want to keep the lots as large as possible. The neighborhood is made up of larger lots. They thought it would be better for the interest of the neighbors and for the person purchasing the lot. A contractor is interested in building a house who could use the larger lot. It would make a better size lot for the house they want to put there. Mr. Kondrick asked if she understood the discussion about the water drainage plan. Ms. Smutzler stated she understood that the house that is going to be put in will not create any additional drainage problems. It should help. The roof design should have the water draining to the front of the house rather than to the back. Having a house there should actually improve the drainage on that particular portion of the lot. Mr. Kondrick asked if the petitioner had any questions or problems with the stipulations. 2.08 PLANNING COMMISSION MEETING, JULY 15, 1998 PAGE 9 Ms. Smutzler stated they had been over these several times. She understands the stipulations. Mr. Eisenzimmer stated he is not opposed to the lot split. He is opposed to water coming into his yard. All the water from the homes comes into his backyard. If the ground does not thaw in the spring, it floods his basement. This is something he wants to prevent from continuing. He brought in black dirt to try to keep the water from coming in. He tore out the sidewalk twice and replaced it. He asked the City Council for help to get this water problem taken care of. The City said he would have to pay for it himself. At one time, a street was to come down Taylor to 67th. There was to be a storm sewer coming down through that. There is a sanitary sewer in the comer which is the only sewer that is in there. There is no way to get the water out of there. There is a home to be razed at 1015. If they were to build up that backyard, raise the backyard on the lot where the house is to be built and put in a swale going toward 67th, that would help eliminate some of the water. Otherwise, he is going to have to build a berm along the backyard so the water does not come through there. If he cannot get the City to do something with this, he will built a cement wall around it, three feet high, and let the water go into other people's basements. Mr. Eisenzimmer stated he has lived there for 18 years and his basement has been flooded twice. He cannot leave the house from January until after the thaws because, when it thaws, it floods. If it thaws and the ground if frozen, he will get 8 inches of water in his yard. He has already put in swales to get the water to go around but it still comes in. He believes that when these two homes are worked on, they could do something together so the water can run off or install a storm sewer. Right now, he gets all the water from the neighbors' yards. There are 6 homes where the water comes through his yard. He wants the water problem corrected before putting in more buildings. Mr. Kondrick stated that with the new lot, the people buying the lot have to be concemed that they cannot have any more or less water than what drains from there now leave that property. Regarding the other situations, the comments are on record and will be forwarded to the City Council. He would imagine that the engineering staff as well will take a look at this. The Planning Commission is concemed with the lot split. In the future, if a home is built on that property, those people have to make certain they do not tamper with the flow of water toward his house. Mr. Eisenzimmer stated he understood that. It is just that he has had this problem for years. If he has to build berms or put in a concrete wall to prevent the water from coming in there, then that is what they are going to have to do. Mr. Saba stated it is one thing for rainstorm type drainage and it is another thing when there is no seepage into the ground. Mr. Eisenzimmer stated, in the winter, the water comes up. The pressure from the water breaks out the windows in the basement. He is at the meeting because they are going V( be working in this area, and he would like something to be done. 2.09 PLANNING COMMISSION MEETING, JULY 15, 1998 PAGE to MOTION by Mr. Oquist, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:15 P.M. Mr. Kuechle stated he would like to see a stipulation that a workable drainage plan be required before the lot split is approved. If the lot split is approved, then the lot exists and there is no leverage to get a workable drainage plan. He would be in favor of having a stipulation that a workable drainage plan be demonstrated before the lot split is approved. There are not that many places where you can put a foot print for a house on that lot that you ought not be able to demonstrate. Mr. Saba agreed, especially with the concerns about the drainage. There are two drainage concerns - stormwater run off and thawing when the ground is still frozen. Mr. Oquist stated he agrees except that this property does not necessary contribute to that drainage. The drainage seems to come in from behind. Mr. Kuechle stated they are not stipulating that they have to solve the problem for the area, but that they cannot add to it. Mr. Kondrick asked if that happens automatically. Mr. Kuechle stated he thought it needs to be stipulated. Otherwise you end up with a lot and it becomes very tough to stop anyone from building there. Mr. Kondrick stated Mr. Hickok feels confident that for this lot the water problem can be handled. He has no problem with the additional stipulation for drainage. MOTION by Mr. Kuechle, seconded by Mr. Oquist, to recommend approval of Lot Split, LS #98-01, by Cully and Michele Smutzler, to allow a slot split to sell the unused portion of the property on Lot 1, Block 2, Brookview Second, generally located at 1027 Mississippi Street, with the following stipulations: 1. Approval of a variance for the existing garage from 30 feet to 22.1 feet. 2. All easements be dedicated as illustrated on staffs Exhibit A (attached). 3. A $750 park dedication fee shall be paid before the building permit is granted. 4. A $1,000 storm water fee shall be paid before the building permit is granted. 5. A workable drainage plan for the newly created lot must be demonstrated befovcN approval of the lot split. 2. 10 PLANNING COMMISSION MEETING, JULY 15, 1998 PAGE 11 UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok stated the City Council would consider the request on July 27. The Appeals Commission will consider a variance request on August 12. Mr. Eisenzimmer stated he did not think that one lot is going to make the drainage thing happen. The other lot needs to be razed and worked with also. 4. PUBLIC HEARING: CONSIDERATION OF SPECIAL USE PERMIT. SP #98-12. BY M VIN J. HERRMANN: Per Sec ' n 205.07.01.0.(1) of the Fridley Zoning Code, to allow the construction of a secon accessory building at the property on Lot 2, Block 2, Sylvan Hills Plat #4, general located at 278 Mercury Drive. MOTION by Mr. Saba seconded by Mr. Oquist, to open the public hearing. UPON A VOICE VOTE, LL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTTO CARRIED AND THE PUBLIC HEARING OPEN AT 8:20 P.M. Mr. Hickok stated the special se permit would allow the construction of a second accessorybuilding. The ara� would be 14 feet x 24 feet deep, a total of 336 square g 9 9 feet. The building will be 14 feet in height at its peak. A special use permit is required for accessory buildings over 240 square feet except for the first accessory building. The proposed second accessory structdre will be used for storage and will not have a driveway. Mr. Hickok stated the-subject parcel is located south of Mercury Drive. The property is zoned R-1, Single Family, as are the surrounded parcels. There is sufficient area to place this proposed storage shed to meet all ofthe setback requirements. No variances will be required. Mr. Hickok stated staff recommends approval of the special use permit with the following stipulations: 1. The second accessory building shall be ane story, 14 feet wide by 24 feet deep and meet the standards of the Fridley Zoni�g Ordinance and the Uniform Building Code. 2. The building shall match the architectural design of the principal structure. 3. A second driveway/curb cut shall not be createdn this property. 4. The accessory building shall not be utilized for a home occupation. 2. 11 PLANNING COMMISSION MEETING, JULY 15, 1998 PAGE 12 The Commission members had no questions of staff. Mr. Herrmann stated one stipulation stated one story. That does not mean that he cannot have storage trusses to hold it together and he wants to have something to store picnic tables, etc., in winter. On the drawing, it shows the building is 10 feet from the lot line. Does he need to be 10 feet from the building to the west? His neighbor has a similar building and wants this to be closer so, if someone else occupies the property, they would not be able to park something between the buildings. Mr. Hickok stated that if there are easements along that lot line, they would need to stay out of the easements. The building code states they do need to keep two buildings like this at least 6 feet apart. If they are closer, they will need a fire wall. There might be some latitude to move the structure closer. If the distance is 6 feet or less, they would need to put sheet rock on the inside walls. The setbacks for accessory structures in the rear yard can be as close as 3 feet. Mr. Herrmann stated the rear lot line has a 5 foot easement so they need to keep 5 feet away. They would stay at least 10 feet from the building. Mr. Kondrick asked if Mr. Herrmann understood the stipulations. Mr. Herrmann stated, yes. He understands that he has to be at least 6 feet and they will be more than that. MOTION by Mr. Saba, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:27 P.M. _ Mr. Oquist stated he had no problem with the request. The petitioner can work with staff on the issue of placement when they get their building permit. MOTION by Mr. Saba, seconded by Mr. Oquist, to recommend approval of Special Use Permit, SP #98-12, by Mervin J. Herrmann, to allow the construction of a second accessory building at the property on Lot 2, Block 2, Sylvan Hills Plat#4, generally located at 278 Mercury Drive, with the following stipulations: 1. The second accessory building shall be one story, 14 feet wide by 24 feet deep and meet the standards of the Fridley Zoning Ordinance and the Uniform Building Code. 2. The building shall match the architectural design of the principa� structure. 3. A second driveway/curb cut shall not be created on this property . 2. 12 CITY OF FRIDLEY PROJECT SUMMARY Subdivision of Property into Two Lots, 1027 Mississippi Street Agenda Item: Applicant: Cully and Michele Smutzler Case Number: LS #98-01 Application,iDate: May 29, 1998 Staff Reviewer: ScottHickok/Paul Tatting Meeting Date: July 15, 1998 Cormnission July 27, 1998 City Council City Manager Authorization: 60 Day Date: September 26, 1998 SUMMARY OF REQUEST Michele and Cully Smutzler are requesting the subdivision of Lot 1, Block 2 of the Brookview Second Addition into two lots. SUMMARY OF ISSUES: For lots zoned R-1, Single Family, Chapter 205.07 of the City Code requires that lots be a minimum of 9,000 square feet and have a minimum width of 75 feet. The dimensions and area of the two lots meet the requirements of the City Code. Due to the configuration of the lot split, the existing garage will no longer meet the Code required setbacks. A variance will be required as a stipulation of this approval. The petitioner has applied for this variance and will appear before the Appeals Commission in August. Pete Eisenzimmer, 6535 Oakley Drive, voiced concern regarding the relationship between this lot split, the resulting new home, and an existing drainage problem that he sees in the neighborhood. The Planning and Engineering staffs have worked together to analyze this issue. Short of an extensive storm water project involving the potential assessment of 21 neighbors, staff has agreed upon a solution to reduce the run-off from the newly created lot. Stipulation #5 will assure that roughly 50% of the existing water that naturally flows to the low spot in the neighborhood will now be re-directed toward Brookview Drive. Stipulation #5 will also assure that all run-off from the new home's impervious surface will be directed to Brookview Drive. Consequently, additional impact to Mr.Eisenzimmer's property will not occur as a result of this action. PLANNING COMMISSION RECOMMENDATION: The Planning Commission voted unanimously to recommend approval of the subdivision request LS #98-01 with the following stipulations: 1. Approval of a variancefor the existing garage from 30 feet to 22.1 feet. 2. All easements be dedicated as illustrated on staff's Exhibit A(Attached) 3. A$750 park dedication fee be paid before the building permit is granted. 4. A$1,000 storm water fee shall be paid before the building permit is granted. 5. A workable drainage plan for the newly created lot must be demonstrated before approval of the lot split. CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council adopt the attached resolution. 16.01 Staff Report: LS#98-01 1027 Mississippi St. Page 2 PROJECT DETAILS Petition For: The subdivision of Lot 1, Block 2, Brookview Second Addition. Location of Property: 1027 Mississippi Street Legal Description of Property: Lot 1, Block 2 Brookview Second Addition Lot Size: 26,776 square feet; 0.61 acres Topography: Relatively flat Existing Vegetation: Urban landscape and mature trees. Existing Zoning/Platting: R-1, Single Family Residential; Brookview Second Addition Availability of Municipal Available Utilities: Vehicular Access: Brookview via Mississippi or HWY 65 Pedestrian Access: Via Mississippi Street. Engineering Grading and drainage and utility plan for the new lot shall be reviewed and Issues: approved by the City Engineering staff. Site Planning The lot split design creates a need for the existing garage to need a variance to Issues: conform with the City Code. Comprehensive Planning Issues: The zoning and Comprehensive Plan are consistent in this area. Public Hearing Neighbor,Peter Eisenzimmer of 6535 Oakley Drive, has problems with water Comments: draining through his yard and water damage to his basement. He would like the City to resolve this problem before additional houses are added to the neighborhood,which would create additional drainage through his yard. 16.02 Staff Report:LS#98-01 1027 Mississippi St. Page 3 DEVELOPMENT SITE REQUEST Michele and Cully Smutzler are requesting the subdivision of Lot 1, Block 2 of the Brookview Second Addition into two lots. The new parcel will face Brookview Drive NE. The Smutzler home at 1027 Mississippi will remain and will simply have a reduced size lot if the requested lot split is approved. SITE HISTORY 1946 -Brookview Second Addition 1959 -Building Permit(?) first permit on file for electrical 1963 -Building Permit for family room addition, 12' x 20' 1963 -Building Permit for detached garage, 26' x 24' 1981 -Building Permit,reroof 1997 - County reconstructed sidewalk along Mississippi through property ADJACENT SITES NORTH: Zoning: R-1, Single Family Land Use: Single family Residences EAST: Zoning: R-1, Single Family Land Use: Single family Residences SOUTH: Zoning: R-1, Single Family Land Use: Single family Residences WEST: Zoning: R-1, Single Family Land Use: Single family Residences ANALYSIS The existing lot is 26,776 square feet in area(0.61 acres) and its approximate dimensions are 107.24 feet by 250 feet. The lot has frontage on both Mississippi Street and Brookview Drive. It is currently described as Lot 1, Block 2, Brookview Second Addition. The lot contains a house with a detached garage faces Mississippi Street. The detached garage exists onto Brookview Drive. The property is zoned R-1, Single Family. For lots zoned R-1, Chapter 205.07 of the City Code requires that lots be a minimum of 9,000 square feet and have a minimum width of 75 feet. The minimum width of the proposed lots is 107.24 feet and 95 feet and the lots will have an area of 16,596 square feet and 10,180 square feet, respectively. The dimensions and area of the two lots meet the requirements of the City Code. 16.03 3 Staff Report: LS#98-01 1027 Mississippi St. Page 4 Existing Garage The larger lot contains the existing house; the house will meet all of the setback requirements of the R-1 District, with the exception of the garage. By current standards, the garage should be 30 feet from the side street when it is within 25 feet of the common lot line with a home that faces the side street. Prior to the subdivision, this lot has 112 feet between the garage and the property line and, therefore, the garage could sit within 17.5 feet of the Brookview right-of-way. Mature Oak trees stand on the new lot. Drainage of the Site Peter Eisenzimmer of 6535 Oakley Drive, has indicated that much of the storm water run-off from this block goes through his yard. He was present at the public hearing. The run-off has caused water damage to his basement during Spring thaws and has ponded in his yard at other times of the year. He is concerned that additional houses will magnify the run-off problem. He would like the City to resolve this problem before additional houses are added to the neighborhood. He further indicated that the idea for a storm sewer for the block was once reviewed,but never installed. He would like to have the storm sewer constructed. The City Engineering Department has indicated that if a storm sewer was constructed to relieve the problem at 6535 Oakley Drive, it would be over 600 feet in length. Easements across a number of properties would also needed. The project would potentially cost in excess of$20,000 and would be assessed to 21 properties. An engineering study of such a project has not been conducted, therefore, it is not known if such a project is feasible. The Planning Commission discussed the drainage/run-off issue and decided that the drainage from the new lot could not add additional drainage to the interior of the block. They agreed to add a stipulation to the request that indicated run-off from a house constructed on the new lot would have to flow to the east toward Brookview Drive. They determined that resolving the drainage problem for the entire block was beyond the scope of this single issue. Other Issues The Highway Department of Anoka County has recommended that an easement be required of the plat for an additional 15 feet of right-of-way adjacent to Mississippi Street. Due to the creation of one new lot a park fee of$750 and a storm water fee of$1,000 are due before the granting of a building permit. STAFF RECOMMENDATION TO THE PLANNING COMMISSION Staff recommended that the Planning Commission recommend approval of the subdivision request LS #98-01 with the four stipulations. 16.04 4 Staff Report: LS#98-01 1027 Mississippi St. Page 5 PLANNING COMMISSION RECOMMENDATION The Planning Commission voted unanimously to recommend approval of the subdivision request LS #98-01 with the following stipulations: 1. Approval of a variance for the existing garage from 30 feet to 22.1 feet 2. All easements be dedicated as illustrated on staff s Exhibit A(Attached) 3. A$750 park dedication fee be paid before the building permit is granted. 4. A$1,000 storm water fee shall be paid before the building permit is granted. 5. A workable drainage plan for the newly created lot must be demonstrated before approval of the lot split. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council adopt the attached resolution. 16.05 5 CITY COUNCIL MEETING OF JULY 27, 1998 PAGE 8 MOTION ACouncil member Barnette to approve the Consent Agenda without Items 6, 7 and 10. Seconde by Councilmember Bolkcom. UPON A V ICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED HE MOTION CARRIED UNANIMOUSLY. ADOPTION O AGENDA: Nfayor Jorgenson ggested that Items 6, 7 and 10 be considered immediately following Item 16 of the agenda. MOTION by Counciember Bolkcom to amend the agenda to include the addition of Items 6, 7 and 10 of the consent enda to immediately follow item 16 of the regular agenda. Seconded by Councilmember Barnett UPON A VOICE VO ALL NIENIBERS VOTING AYE, NIAYOR JORGENSON DECLARED THE NIOTI ' CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Mayor Jorgenson explained that th is the time reserved for residents to address Council on items that are not on the agenda. There were no questions or comments m the public. NEW BUSINESS: 16. RESOLUTION NO. 49-1998, APPROVING A SUBDIVISION, LOT SPLIT, LS #98-01, TO CREATE TWO RESIDENTIAL LOTS, GENERALLY LOCATED AT 1027 MISSISSIPPI STREET N.E. (BY CULLY AND MICHELE SMUTZLER) (WARD I):. Ms. Barb Dacy explained that Mr. and Mrs. Smutzler requested the subdivision of their lot into two lots. The size of the property is approximately 27,000 square feet, and the property is zoned R-1, Single Family. Both lots, if the subdivision were to occur, would exceed the minimum lot requirement of 9,000 square feet. The owner of the property applied for the variance due to the location of the existing garage in relation to the proposed lot line. The applicant submitted an application for a variance which will be reviewed by the Appeals Commission at their meeting in August. The Planning Commission recommended approval the subdivision request with the following stipulations: 1) that run-off from a house constructed on the new lot would have to flow to the east toward Brookview Drive; and 2) staff will assure that approximately fifty percent of the drainage from the new home will be directed towards Brookview Drive, which will help to CITY COUNCIL MEETING OF JULY 27, 1998 PAGE 7 14. LICENSES. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. 15. ESTIMATES: APPROVED THE ESTIMATES AS FOLLOWS: Diversified Paving, Inc. 8019 146th Avenue N.W. Ramsey, MN 55303 1997 Driveway Paving Project No. 307 FINAL ESTIMATE $ 3,828.31 Forest Lake Contracting 14777 Lake Drive Forest Lake, MN 55025 Hackmann Avenue/Hackmann Circle Street Improvement Project No. ST 1998-1 FINAL ESTIMATE $16,927.14 Park Construction Company 7900 Beech Street N.E. Minneapolis, MN 55432 Rice Creek Bank Stabilization Project No. 309 Estimate No. 5 $23,381.12 Ron Kassa Construction 7438 Upton Richfield, MN 55423 1998 Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 315 Estimate No. 4 $ 5,482.45 Councilmember Bolkcom asked that Items 6 and 7 be removed from the consent agenda for discussion. Mr. Adam Hardy, 6845 Channel Road, asked that Item 10 be removed from the consent agenda for further discussion. CITY COUNCIL MEETING OF JULY 27, 1998 PAGE 9 alleviate some of the drainage problems. Ms. Dacy reviewed the other stipulations which were approved as part of the subdivision request. MOTION by Councilmember Billings to adopt Resolution No. 49-1998, approving a Subdivision, Lot Split, LS 998-01, to create two residential lots, generally located at 1027 Mississippi Street N.E., with the following stipulations: 1) approval of a variance for the existing garage from 30 feet to 22.1 feet; 2) all easements be dedicated as illustrated on staffs Exhibit B; 3) a $750 park dedication fee shall be paid before the building permit is granted; and 4) a $1,000 storm water fee shall be paid before the building permit is granted; 5) a workable drain plan for the newly created lot must be demonstrated before approval of the lot split. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. SPECIAL USE PERMIT REQUEST, SP #98-13 BY HILLTOP TRAILER SALES INC. TAXLLOW THE DISPLAY AND SALES OF RECREATIONAL VEHICLES GENERALY LOCATED AT 7810 UNIVERSITY AVENUE N.E. WARD 3): Councilmember Bol om asked if the petitioner had any plans to seek any variances from the City. Mr. Dick Pearo, 2950 I sbruck Court, and Jerry Strudder, both with Hilltop Trailer Sales, responded that they do not ticipate the need for any variances. Mr. Pearo noted that there was a question on the setback. sed on a survey completed in 1997, all appears to be correct. Ms. Dacy stated that she reviewed e survey as well, and noted that along the lower lot line there was a slight encroachment. Howeve she felt that something could be worked out. Mr. Pearo stated that they submi d a landscape plan indicating a 3,500 square foot paved surface. The only changes which mi t occur would be in the type of trees, etc., and would be approved before proceeding. Mayor Jorgenson asked if they planned o take over all of the property or a portion of the property. Mr. Pearo stated that they would e taking over all of the property. Councilmember Barnette asked if this woul be an expansion of their Hilltop business or a relocation. Mr. Pearo stated that it would be elocation and is being done to provide a better display area. Mayor Jorgenson reminded the pets 'oners that vehicles are not to be parked on the boulevards. MOTION by Councilmember Bolkcom to approve cial Use Permit Request, SP #98-13, by Hilltop Trailer Sales, Inc. to allow the display and sales f recreational vehicles, generally located at 7810 University Avenue N.E. with the following st ulations: 1) parking of 68 customer spaces be allowed, with 32 spaces shown for future parkin if needed; 2) the site plan be revised to meet the parking setback requirements; 3) curb and tter be installed in the display and parking areas, including around the landscaped islands, 4) a 'tional landscaping be approved by CITY COUNCIL MEETING OF JULY 27, 1998 PAGE 10 City staff prior to issuance of building access; 5) the existing fence be open or able to be knocked down for emergency vehicle access; 6) the flags and banners, other than the large American flag, be removed;. 7) the building be adequately ventilated for spray paint and/or other service processes; 8) all trash and trash handling equipment must be in closed containers; and 9) any outdoor storage beyond the proposed camper sales will require an additional special use permit. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. SPECIAL USE PERMIT REQUEST, SP 998-14, BY MAERTENS-BRENNY CONSTRUCTION COMPANY TO INCREASE THE ALLOWABLE ' LOT COVERAGE BY A SINGLE STORY STRUCTURE IN AN M-2 ZONE FROM 40 PERCENT TO 49 PERCENT GENERALLY LOCATED AT 7901 MAIN STREET N.E. (WARD 3): Councilmember Bolkcom stated that her concern is approving a special use permit for this property, especially in the event that they wish to apply for a variance later. She noted that there would be no guarantee that the City would approve a variance. Mr. Maertins stated that he cannot speak on behalf of Metal-Tek, who are the owners of the property. That would be a decision made by them based on the requirement that they meet all of the parking requirements. He noted that Metal-Tek currently employs 52 people who work varying shifts. Councilmember Bolkcom stated that parking requirements are not based on the number of employees. She reminded Mr. Maertins that approval of a special use permit does not guarantee that a variance will be approved should they apply for one. MOTION by Councilmember Bolkcom to approve Special Use Permit Request, SP #98-14, by Maertens-Brenny Construction Company to increase the allowable lot coverage by a single story - structure in an M-2 zone from 40 percent to 49 percent, generally located at 7901 Main Street N.E. with the following stipulations: 1) the number of parking stalls at the site shall either conform to the City Code or receive a variance from the City Code prior to the issuance of a building permit; 2) a landscape plan for the site shall be approved by the City prior to the issuance of a building permit; 3) the drive aisle widths and distances to the property shall conform with the City Code; 4) grading and drainage plans and draining calculations for the site shall be approved by the City prior to the issuance of a building permit; and 5) the exterior materials and color of the building shall be approved by City staff prior to the issuance of a building permit. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Smutzler Page 2 July 31, 1998 Please review the above, sign the statement below an ret n the inaljtoheCity of Fridley Planning Department by August 10, 1998. i r io FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 9 1998 PAGE 4 THIS ITEM WAS REMOVED F THE CONSENT AGENDA AND PLACED ON THE REGULAR COUNC AGENDA FOLLOWING ITENI 23. 6. RESOLUTION NO. 84-1998 REPEALING RESOLUTION 49-1998 AND APPROVING A NEW RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L S #98-01, TO CREATE TWO RESIDENTIAL LOTS, ON LOT 1, BLOCK 2 BROOKVIEW SECOND GENERALLY LOCATED AT 1027 MISSISSIPPI STREET N.E. (WARD l): Mr. Burns, City Manager, explained that this resolution would replace an earlier resolution that referred incorrectly to the location of the subject property. Instead of listing the property as located in Brookview Second Addition, it should be listed as being located in Brookview Second. This resolution would reflect the necessary change. APPROVED RESOLUTION NO. 84-1998, REPEALING RESOLUTION 49-1998 AND APPROVING A NEW RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. #98-01, TO CREATE TWO RESIDENTIAL LOTS, ON LOT 1, BLOCK 2, BROOKVIEW SECOND, GENERALLY LOCATED AT 1027 MISSISSIPPI STREET N.E. 7. APPROVAL OF COMPREHENSIVE SIGN PLAN FOR THE FRIDLEY CROSSING COMPLEX, 100 OSBORNE ROAD N.E. (WARD 3): Mr. Burns, City Manager, stated that Robert C. Cote on behalf of the Fridley Crossing Complex has submitted this plan. According to the plan, each of six tenants will have attached signs composed of formed plastic, maroon letters that shall be between 15 inches and 18 inches high. APPROVED COMPRE ENSIVE SIGN PLAN FOR THE FRIDLEY CROSSING COMPLEX, 100 OSBORi E ROAD N.E. 8. APPROVE AMENDMENT O THE COMPREHENSIVE SIGN PLAN FOR THE RICE CREEK BUSINESS CENTER 7120 UNIVERSITY AVENUE N.E. (WARD 3): Mr. Burns, City Manager, explain that Tony Maki of Advanced Awning Design on behalf of the property owner, Um ed Properties, has submitted this request. The amendment will allow internally lit aw 'ngs with graphic materials in lieu of attached signs composed of 12 inch plastic letters. If his amendment is approved, staff will preview all awnings with signage. THIS ITEM WAS REMOVED FROM E CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA, FOLLOWING ITEM 23. CM OF F14 DLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY,MN 55432•(612)571-3450•FAX(612)571-1287 CITY COUNCIL ACTION TAKEN NOTICE July 31, 1998 Cully & Michele Smutzoer 1027 Mississippi Street Fridley, MN 55432 Dear Mr. & Mrs. Smutzoer: On July 27, 1998, the Fridley City Council officially approved your request for a Subdivision, Lot Split, LS #98-01 (Resolution No. 49-1998), to create two residential lots, legally described as Lot 1 Block 2 Brookview Second, generally located at 1027 Mississippi Street, with the following stipulations: 1. Approval of a variance for the existing garage from 30 feet to 22.1 feet. 2. All easements be dedicated as illustrated on staff's Exhibit B. 3. A $750 park dedication fee shall be paid before the building permit is granted. 4. A $1,000 storm water fee shall be paid before the building permit is granted. 5. A workable drain plan for the newly created lot must be demonstrated before approval of the lot split. If you have any questions regarding the above action, please call me at 572-3590. Sincerely, Barbara Dacy, AICIP Community Development Director BD/jt C-98-149 Smutzler Page 2 July 31, 1998 Please review the above, sign the statement below an ret n the sinal to he City of Fridley Planning Department by August 10, 1998. r io i 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 8, 1998 Cully & Michele Smutzder 1027 Mississippi Street Fridley, MN 55432 Dear Mr. & Mrs. Smutzber: On November 9, 1998, the Fridley City Council officially re-approved your request for a Subdivision, Lot Split, LS #98-01 (Resolution No. 49-1998), to create two residential lots, legally described as Lot 1 Block 2 Brookview Second, generally located at 1027 Mississippi Street, with the following stipulations: 1. Approval of a variance for the existing garage from 30 feet to 22.1 feet. 2. All easements be dedicated as illustrated on staff's Exhibit B. 3. A $750 park dedication fee shall be paid before the building permit is granted. 4. A $1,000 storm water fee shall be paid before the building permit is granted. 5. A wor able drain plan fOr the newly created lot must be demonstrated before approval of the lot split. If you have any questions regarding the above action, please call me at 572-3590. Sing6rely, ` Barbara Dacy, AICP Community Development Director B D/jt C-98-238 Enclosure Smutzoer Page 2 December 8, 1998 Please review the above, sign the statement below and return the original to the City'of j Fridley Planning Department by December 18, 1998.-i=--�_ Concur with action taken. , L 1426484 � o 3v--?,q 23-C703-z 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. #98-01 The above entitled matter came before the City Council of the City of Fridley and was heard on the 27th day of July, 1998, on a petition for a subdivision pursuant to the City of Fridley's Zoning Ordinance, for the following described property: Owner: Cully A. Smutzler& Michele M. Smutzler To create two residential lots on Brookview Second Addition, Lot 1, Block 2, generally located at 1027 Mississippi Street. The new parcel is legally described as Lot 1, Block 2, Brookview Second Addition except North 95 feet thereof as measured along east and west lines of said lot, subject to easements, generally located at 6526 Brookview Drive. IT IS ORDERED that a subdivision be granted as upon the following conditions or reasons: Approval with five stipulations. See City Council meeting minutes of July 27, 1998. 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 f day of _ , 19 DRAFTED BY: City of Fridley 6431 University Avenue N.E. w- Fridley, MN 55432 Debra A. Ogen, City'Clerk CITY COUNCIL MEETING OF JULY 27, 1998 PAGE 8 MOTION by Council member Barnette to approve the Consent Agenda without Item�s'6, 7 and 10. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYORf'fJORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. �f f r ADOPTION OF AGENDA: Mayor Jorgenson suggested that Items 6, 7 and 10 be considered immediately following Item 16 of the agenda. MOTION by Councilmember Bolkcom to amend the agenda to include the addition of Items 6, 7 and 10 of the consent agenda to immediately follow Item 1;5'of the regular agenda. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Mayor Jorgenson explained that this i/theime erved for residents to address Council on items that are not on the agenda. i There were no questions or comments from the public. NEW BUSINESS: 16. RESOLUTION NO. 49-1998, APPROVING A SUBDIVISION, LOT SPLIT, LS #98-01, TO CREATE TWO RESIDENTIAL LOTS, GENERALLY LOCATED AT 1027 MISSISSIPPI STREET N.E. (BY CULLY AND MICHELE SNIUTZLER) (WARD I): Ms. Barb Dacy explained that Mr. and Mrs. Smutzler requested the subdivision of their lot into two lots. The size of the property is approximately 27,000 square feet, and the property is zoned R-1, Single Family. Both lots, if the subdivision were to occur, would exceed the minimum lot requirement of 9,000 square feet. The owner of the property applied for the variance due to the location of the existing garage in relation to the proposed lot line. The applicant submitted an application for a variance which will be reviewed by the Appeals Commission at their meeting in August. The Planning Commission recommended approval the subdivision request with the following stipulations: 1) that run-off from a house constructed on the new lot would have to flow to the east toward Brookview Drive; and 2) staff will assure that approximately fifty percent of the drainage from the new home will be directed towards Brookview Drive, which will help to 1 CITY COUNCIL :MEETING OF JULY 27, 1998 PAGE 9 alleviate some of the drainage problems. Ms. Dacy reviewed the other stipulations which were approved as part of the subdivision request. MOTION by Councilmember Billings to adopt Resolution No. 49-1998, approving a Subdivision, Lot Split, LS 998-01, to create two residential lots, generally located at 1027 Mississippi Street N.E., with the following stipulations: 1) approval of a variance for the existing garage from 30 feet to 22.1 feet; 2) all easements be dedicated as illustrated on staffs Exhibit B; 3) a $750 park dedication fee shall be paid before the building permit is granted; and 4) a $1,000 storm water fee shall be paid before the building permit is granted; 5) a workable drain plan for the newly created lot must be demonstrated before approval of the lot split. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. SPECIAL USE PERMIT REQ�IEST, SP #98-13, BY HILLTOP TRAILER SALES, INC. TO ALLOW THE DISPLb Y AND SALES OF RECREATIONAL VEHICLES GENERALLY LOCATED AT 7 10 UNIVERSITY AVENUE N.E. (WARD 3): Councilmember Bolkcom asked if the petitioner had any plans to seek any variances from the City. Mr. Dick Pearo, 2950 Innsbruck Court, and Jerry Strudder, both with Hilltop Trailer Sales, responded that they do not anticipate the need for any variances. Mr. Pearo noted that there was a question on the setback. Based on a survey completed in 1997, all appears to be correct. Ms. Dacy stated that she reviewed the survey as well, and noted that along the lower lot line there was a slight encroachment. However, she felt that something could be worked out. Mr. Pearo stated that they submitted a landscape plan indicating a 3,500 square foot paved surface. The only changes which might occur would be in the type of trees, etc., and would be approved before proceeding. Mayor Jorgenson asked if they planned to take over all of the property or a portion of the property. Mr. Pearo stated that they would be taking over all of the property. Councilmember Barnette asked if this would be an expansion of their Hilltop business or a relocation. Mr. Pearo stated that it would be a relocation and is being done to provide a better display area. Mayor Jorgenson reminded the petitioners that vehicles are not to be parked on the boulevards. MOTION by Councilmember Bolkcom to approve Special Use Permit Request, SP #98-13, by Hilltop Trailer Sales, Inc. to allow the display and sales of recreational vehicles, generally located at 7810 University Avenue N.E. with the following stipulations: 1) parking of 68 customer spaces be allowed, with 32 spaces shown for future parking if needed; 2) the,site plan be revised to meet the parking setback requirements; 3) curb and gutter be installed in the display and parking areas, including around the landscaped islands, 4) additional landscaping.be approved by RESOLUTION NO. 49 - 1998 A RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, LS #98-01, TO CREATE TWO RESIDENTIAL LOTS, ON LOT 1, BLOCK 2, BROOKVIEW SECOND ADDITION, GENERALLY LOCATED AT 1027 MISSISSIPPI STREET N.E. WHEREAS, the Planning Commission held a public hearing on the Lot Split, LS #98-01, on July 15, 1998 and recommended approval with stipulations; and WHEREAS, the City Council at their July 27, 1998 meeting approved the Lot Split request, with stipulations attached as Exhibit A. ; and WHEREAS, such approval was to create two residential lots, with legal descriptions as follows: Proposed New Parcel: The North 95.0 feet, as measured along the east and west lines of LOT 1, BLOCK 2, BROOKVIEW SECOND ADDITION according to the recorded plat thereof, Anoka County, Minnesota. Residue Parcel: That part of LOT 1, BLOCK 2, BROOKVIEW SECOND ADDITION, according to the recorded plat thereof, Anoka County, Minnesota, lying South of the North 95 .0 feet, as measured along the east and west lines thereof. WHEREAS, the City has received the required Certificate of Survey from the owners; and I WHEREAS, such approval will create two residential lots. 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 27' DAY OF JULY, 1998. A" CY .✓ OR N O - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK I Resolution No. 49 - 1998 - Page 2 Exhibit A 1. Approval of a variance for the existing garage from 30 feet to 22.1 feet. 2. All easements be dedicated as illustrated on staff' s Exhibit B (Attached. ) 3. A $750 park dedication fee shall be paid before the building permit is granted. 4. A $1, 000 storm water fee shall be paid before the building permit is granted. 5. A workable drainage plan for the newly created lot must be demonstrated before approval of the lot split. ABSTRACT Receipt# 5 13Certified Copy Date Mailed Date/Time: _ 1:1 Tax Liens/Releases DOCUMENT NO. 1426484 . 0 ABSTRACT Doc.Order of ❑ Multi-Co Doc Tax Pd ANOKA COUNTY MINNESOTA by: Pins:--% I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE FOR RECORD ON MAY 04 1999 Recordability/Delgs:� El Transfer ❑ New Desc. AT 5 : 00 PM /� FEES AND TAXES IN THE AMOUNT OF AN WA DULY RECORDED. Filing Fees:/,9 Division ❑ GAC 1� . 50 PAID. Well Certificate ❑ Status ❑ Def.Spec RECEIPT NO. 1999052225 Received this Date: EDWARD M TRESKA Anoka County Recorder El Other Change ge ANOKACOUNTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAROFTITLES BLP Notes: BY DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES 58 1426185 T► 3- 30--:zq ---� 3 -003 -� ( 4Ac) In 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. #98-01 The above entitled matter came before the City Council of the City of Fridley and was heard on the 9th day of November, 1998, on a petition for a subdivision pursuant to the City of Fridley's Zoning Ordinance, for the following described property: Owner: Cully A. Smutzler& Michele M. Smutzler To reappeal Resolution #49-1998 and approving a new resolution #84-1998, to create two residential lots on Brookview Second Addition, Lot 1, Block 2, generally located at 1027 Mississippi Street. The new parcel is legally described as Lot 1, Block 2, Brookview Second Addition except North 95 feet thereof as measured along east and west lines of said lot, subject to easements, generally located at 6526 Brookview Drive. IT IS ORDERED that a subdivision be granted as upon the following conditions or reasons: Approval with five stipulations. See City Council meeting minutes of November 9, 1998. 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 1A day of 424ALi ' 19 . DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City Cleri btl ;� ',; (SEAL) FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 9, 1998 PAGE 4 THIS ITEM WAS REMOVED FROM THENSENT AGENDA AND PLACED ON THE REGULAR COUNCIL AGENDA 'OLLOWING ITEM 23. 6. RESOLUTION NO. 84-1998 REPEALING RESOLUTION 49-1998 AND APPROVING A NEW RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. #98-01, TO CREATE TWO RESIDENTIAL LOTS, ON LOT 1, BLOCK 2. BROOKVIEW SECOND, GENERALLY LOCATED AT 1027 MISSISSIPPI STREET N.E. (WARD 1): Mr. Burns, City Manager, explained that this resolution would replace an earlier resolution that referred incorrectly to the location of the subject property. Instead of listing the property as located in Brookview Second Addition, it should be listed as being located in Brookview Second. This resolution would reflect the necessary change. APPROVED RESOLUTION NO. 84-1998, REPEALING RESOLUTION 49-1998 AND APPROVING A NEW RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. #98-01, TO CREATE TWO RESIDENTIAL LOTS, ON LOT 1, BLOCK 2, BROOKVIEW SECOND, GENERALLY LOCATED AT 1027 MISSISSIPPI STREET N.E. 7. APPROVAL OF CONIPRE. ENSIVE SIGN PLAN FOR THE FRIDLEY CROSSING COMPLEX, 100 BORNE ROAD N.E. (WARD 3): Mr. Burns, City Manager, stated t t Robert C. Cote on behalf of the Fridley Crossing Complex has submitted this plan. ccording to the plan, each of six tenants will have attached signs composed of formed pi tic, maroon letters that shall be between 15 inches and 13 inches hi�,h. APPROVED COMPREHENSIVE SIGs PLAN FOR THE FRIDLEY CROSSING COMPLEX, 100 OSBORNE ROAD N.E. 8. APPROVE AMENDMENT TO THE COM REHENSIVE SIGN PLAN FOR THE RICE CREEK BUSINESS CENTER A20 UNIVERSITY AVENUE N.E. (WARD 3): Mr. Burns, City Manager, explained that Tony i✓1a i of Advanced Awning Design on behalf of the property owner, United Properties, s submitted this request. The amendment will allow internally lit awnings with graphic aterials in lieu of attached signs composed of 12 inch plastic letters. If this amendment is proved, staff will preview all awnings with signage. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA, FOLLOWING ITEM 23. \� l RESOLUTION NO. 84 - 1998 A RESOLUTION REPEALLING RESOLUTION 49-1998 AND APPROVING A NEW RESOLUTION, APPROVING A SUBDIVISION, LOT SPLIT, r LS #98-01, TO CREATE TWO RESIDENTIAL LOTS, ON LOT 1, BLOCK 2, BROOKVIEW SECOND, GENERALLY LOCATED AT 1027 MISSISSIPPI STREET N.E. WHEREAS, the Planning Commission held a public hearing on the Lot Split, LS #98-01, on July 15, 1998 and recommended approval with stipulations; and WHEREAS, the City Council at their July 27, 1998 meeting approved the Lot Split request, with stipulations attached as Exhibit A. ; and WHEREAS, such approval was to create two residential lots, but based on an erroneous legal description which read as follows : Proposed New Parcel : The North 95 . 0 feet, as measured along the east and west lines of Lot 1, Block 2 , BROOKVIEW SECOND ADDITION according to the recorded plat thereof, Anoka County, Minnesota. Residue Parcel : That part of LOT 1, BLOCK 2, BROOKVIEW SECOND ADDITION, according to the recorded plat thereof, Anoka County, Minnesota lying South of the North 95 feet, as measured along the east and west lines thereof . ; and WHEREAS, The legal descriptions should have read: Proposed New Parcel : The North 95 . 0 feet of Lot 1, Block 2 , BROOKVIEW SECOND, as measured along the east and west lines of said Lot 1 . Residue Parcel : That part of LOT 1, BLOCK 2 , BROOKVIEW SECOND, lying South of the North 95 feet, as measured along the east and west lines of said Lot 1 . ; and WHEREAS, the City has received the required Certificate of Survey from the owners; and I Resolution No. 84 - 1998 - Page 2 WHEREAS, such re-approval will create the same two residential lots as approved on July 27th, 1998 . 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 9th DAY OF NOVEMBER, 1998. N CY O VbN - MAYOR ATTEST: I DE RA A. SK GEN - ITY CLERK Resolution No. 84 - 1998 - Page 3 Exhibit A 1 . Approval of a variance for the existing garage from 30 feet to 22 . 1 feet . 2 . All easements be dedicated as illustrated on staff' s Exhibit B (Attached. ) 3 . A $750 park dedication fee shall be paid before the building permit is granted. 4 . A $1, 000 storm water fee shall be paid before the building permit is granted. 5 . A workable drainage plan for the newly created lot must be demonstrated before approval of the lot split . ABSTRACT Receipt# s mal 5, U ❑ Certified Copy Date Mailed Date/Time: r / V DOCUMENT N0. 1426485 . 0 ABSTRACT ❑ Tax Liens/Releases Doc.Order�_of�_ ❑ Multi-Co Doc Tax Pd AN O KA COUNTY MINNESOTA ./by: Pins: I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE FOR RECORD ON MAY 04 1999 Recordability/Delgs: ❑ Transfer ❑ New Desc. 5 : 00 PM ATAN WAS DULY RECORDED. Filing Fees: 15-100 ❑ Division ❑ GAC FEES AND TAXES IN THE AMOUNT OF 19 . 50 PAID. Well Certificate ❑ Status ❑ Def.Spec RECEIPT NO. 1999052229 Received this Date: Anoka County Recorder ❑ Other 2No Change EDWARD M.TRESKA ANOKA COUNTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES BLP Notes: BY DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES