LS77-07 Form #5-68LOT SPLIT APPLICATION
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` CITY OF FRIDLEY
FOR CITY T1SE ONLY
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Applicant's Name
APPLICANT: GQ�'W
/� /� � Lot Split # �'? .7-C.� ,Z.—
ADDRESS:
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Street ty Zip Code Date Filed:
TELEPHONE # /2 �" J% Fee:$ �Receipt kislw
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REMARKS:
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Reason for Lot Split:
Total Area of Property sq. ft.7 Present Zoning Classification
The undersigned hereby declares thatall
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aallt,,h�e facts and
representations stated in this �0/t1� y'/ rct1�n
correct.
DATE: SIGNATURE
BELOW FOR CITY USE ONLY (See reverse side for additional instructions
CHECKED BY STAFF DATE
Remarks:
PLANNING COMMISSION: Date of Consideration -
Remarks:
CITY COUNCIL: Date of Consideration -
Remarks
LOT SPLIT APPLICATION PROCEDURE
1 . Obtain application form at City Hall (6431 University Avenue N.E. , Fridley) .
2. Return completed application form with the required sketch of the property
involved and the lot split fee of $30.00 for each original lot being split.
3. The application will be checked over by Staff and the owner may be required
to submit a Certificate of Survey containing a simple description of a part
of a platted lot or registered lot, along with the new parcels created with
all existing structures tied in.
4. The application will then be submitted to the Planning Commission for their
recommendation. The Planning Commission meets on the Wednesday following
the City Council meeting, which is generally the first and third Wednesdays
of the month.
5. The recommendations of the Planning Commission are submitted to the City
Council for final action. If a Certificate of Survey wasn 't required before,
it will be required for this meeting. The City Council meets on the first
and third Mondays of the month.
6. The City Council approval may be subject to certain stipulations which must
be complied with by the applicant.
7. A letter will be sent to the applicant to notify him of the Council action
and to advise him to comply with the conditions imposed by the City. The
letter will also contain any necessary deeds for easements and other pertinent
papers for his signature.
8. When all the conditions of the lot split have been complied with, the applicant
should file the lot split in Anoka County.
9. In all cases where Council action has been sought and denied, no petition for
identical action can be presented until a period of six months has elapsed.
NOTE: THE RESULTING REAL ESTATE TAXES AND SPECIAL ASSESSMENTS FOR
THE NEW PARCELS IN TOTAL AFTER THE LOT SPLIT MAY EXCEED THE
AMOUNT ASSESSED TO THE ORIGINAL PARCEL. THE FINANCE DEPARTMENT
OF FRIDLEY MAY BE ABLE TO PROVIDE THE ESTIMATED AMOUNT OF
ADDITIONAL TAXES OR ASSESSMENTS.
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SEC. /2
RULAND W. ANDER,SO
ANOKA COUNTY. MINNES(:'/,
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LAW OFFICES
SMITH, JT.TSTER, FEIKEMA,
WYMAN SMITH CHARTERED SUITE 1250
LEONARD T.JUSTER BUILDERS EXCHANGE BUILDING
HENRY H. FEIKEMA MINNEAPOLIS,MINNESOTA 55402
ALVIN S. MALMON TELEPHONE (612) 339-1481
RONALD L.HASKVITZ
JAMES R.CASSERLY FRIDLEY OFFICE
CARL J. NEWOUIST 6441 UNIVERSITY AVENUE N.E.
_.. cof11 cv. MSN nc4f)TA.5543-2..
ATTENTION OF: Accounting CITY OF FRIDLEY
TO r 6431 University N. E.
Minneapolis Minn. 55421
612-560-3450
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SUBJECT Variance request DATE
Wwof
Please refund the variance fee_paid for KBM Investment Company, that was j
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not needed because they went throught a lot split procedure _
Refund to Wyman Smith
1250 Builders Exchange
Minneapolis, Mn 55402 Receipt no. 87293
Note: I checked with Wyman Smith's office to see if he or KBM paid for this
variance, and the secretary didn't know, but whe had written a letter
asking for the refund (whibh we haven't received the letter yet), and
if the money has been paid by the Client, Mr. Smith will see that he
gets the money.
SIGNATURE
REPLY:
DATE SIGNATURE
ORIGINATOR—DETACH AND RETAIN
CIT=FRlr3L---Y,l SUBJECTi,
CL�l4 MISS11:3N 1�PPLIC3�TION
-1E REVIEW
Ueport Uivisiorn
Number j av ag9 ADDroved by 11 Date
FIL �.
COMPLETE REVIEW- CHECKLIST NO/AdaRA3g FILB DATE�j
-77
RETURN TO PLANNING c9uE a.o►Te
El COMMENTS >- 7-7_TOSn -
�cr3i
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PLANNING COMMISSION MEETING — JULY 13 , 1977 Page 20
✓
5A . REQUEST 2R A,�,O.I S .LIT, L . S . 177-07, K . B .M . INVENSTMENT
CC1TA $ REPRESENTED1BB?7JYMAN e a ,ante of
Lot 4 , Auditor' s Subdivision No . 108 , into the following
three parcels: A : The West 96 feet of that part of the
South 2/3 of Lot 4 , A . S . 1108, Anoka County, which lies
North of the South line of the North Half of Lot 4 , Subject
to easement for 73 1/2 Ave N .E . the same being 1601-73 1/2
Avenue N .E . B : That part of the South 2/3 of Lot 4,
A . S . 1108 , Anoka County, which lies North of the South line
of the North Half of said Lot 4 , except the West 96 feet
thereof, subject to road easement for 73 1/2 Avenue N .E . ,
the same being 1611-73 1/2 Avenue N .E . , and Parcel C : The
South 1/2 of Lot 4 , Auditor ' s Subdivision No . 108 , Anoka
County, subject to road easement for 73 1/2 Avenue N .E .
Mr. Mark Haggerty and Mr . Zollie Barrett were present to discuss
the item .
Mr. Boardman explained that what they wanted to do is divide the
lot into three parcels of land . He pointed out that an area
had previously been vacated and split . He said that they wanted
to divide part of the lot into two parcels and the other half
of the lot into one parcel {south half of lot 41 .
Mr . Haggerty explained that all the parcels would be very deep
but not wide enough . He said that adjacent neighbors had been
contacted but that they didn ' t wish to sell any of their property .
He pointed out that originally when it had appeared that Lakeside
would have been continuing down , the lot would have been
155 x 85 feet and that would have resulted in a large corner
lot . When the City vacated Lakeside he said that 25 feet was
added and the decision made the lot a non-corner lot . He
pointed out that even if only one house was put on the two
parcels, they would still need a depth variance because there
would only be 85 feet . He felt that splitting the parcel would
be feasible . He said that they would be able to maintain a
quality building and, obviously, would be able to keep the costs
down .
Mr. Haggerty felt that this was a hardship situation .
Chairperson Harris asked about the setbacks in relations to the
proposed cul-de-sac in the area.
Mr . Boardman explained that the houses would have to be placed
as far to the left of the property as possible . He also pointed
out that because of the fact that the street never went in, it
had created a hardship mainly because the lot had already been
split and had been predestined what the lot depth could be . He
said that with the vacation of the street a depth problem was
created . He felt that it was indeed a hardship situation .
PLANNING COMMISSION MEETING — JULY 13, 1977 Page 19
Ms. Larson again pointed out that she was almost sure that the
developer didn ' t want to construct housing for low income programs .
She invited the neighbors to stop by the office at any time and
they could discuss all the plans that the developer had.
Mr. Boardman pointed out that in 1953 there had been a lot split .
He explained that the lot split split off parcels 950 and 955
and the rest of the plat was parceled off as 960 . He said that
the plat was first presented in 1964 which was 11 years after
the lot split . He said that the original plat was in error .
He gave the information to Ms . Larson and asked that she submit
it to Suburban Engineering and then get in contact with City Hall .
Chriirperson Harris explained to the audience that there had been
a lot split on lots 7 , 8 Block 2 which would be the west end
of the property. He indicated that the lot split took place in
1953 and if the people that split the lots had received a
mortgage, then a plat had to have been approved .
MOTION by Mr . Bergman , seconded by Mr . Langenfeld to close the
Public Hearing . Upon a voice vote, all voting aye, the motion
carried unanimously . The Public Hearing was closed at
10 : 47 P .M .
Ms . Gabel indicated to the audience that they should definitely
get together with the developer of the land and voice their
oppositions . She said that the Planning Commission really
couldn ' t do a lot regarding the styles of the houses . She said
that they, as the general public , could make themselves heard
by going directly to the developer and letting him know what
they did and did not want .
MOTION by Mr . Bergman , seconded by Mr . Peterson , that the Planning
Commission recommend to City Council the reapproval of
Meadowmoor Terrace Second Addition , P . S . 177-05 , by Gary D Aigle :
{Formerly P . S . 164-041 , being a replat of the North 163 . 64 feet
of the South 551 feet front and rear of the Northwest Quarter
of the Northeast Quarter of Section 12 , T-30 , R-24 , Anoka
County, generally located East of Central Avenue N .E . and West
of Arthur Street N .E . , on the South side of 76th Avenue NE
with the following adjustments and/or corrections :
1} That Lot 7 & 8 , Block 2 , be removed from the Plat .
2} That five foot easements as recommended by City
Engineering be included {76 Avenue, Garfield Street, I
and Arthur Streetl .
3} A five foot easement off Lot 1 & 2 of Block 1 and a
five foot easement off lot 1 , Block 1 , Don' s 5th,
to provide egress to the park property to the west .
UPON A VOICE VOTE , all voting aye, the motion carried unanimously.
F;LAr;'JNG COMMISSION MEETING — JULY 13 , 1977 Page 21
MOTION by Mr . Peterson, seconded by Mr . Bergman , that the Planning
Commission recommend to City Council the approval of the request
for a Lot Split , L . S . 177-07 , K .B .M . Investment Company,
represented by Wyman Smith : Split the balance of Lot 4, Auditor' s
Subdivision No • 108 , into the following three parcels:
A} The West 96 Feet of that part of the South 2/3 of
Lot 4 , A . S . 1108 , Anoka County, which lies North of the
South line of the North Half of Lot 4 , Subject to
easement for 73 1/2 Avenue N . E . , the same being
1601 -- 73 1/2 Avenue N . E .
B} That part of the South 2/3 of Lot 4 , A . S . 1108 ,
Anoka County, which lies North of the South line of
the North half of said Lot 4 , except the West 96 feet
thereof, subject to road easement for 73 1/2 Avenue N .E . ,
the same being 1611 - 73 1/2 Avenue N . E . ;
C} The South 1/2 of Lot 4 , Auditor' s Subdivision No . 108 ,
Anoka County, subject to road easement for 73 1/2 Avenue N .E .
UPON A VOICE VOTE , all voting aye, the motion carried unanimously.
Chairperson Harris declared a short break at 11 :15 P.M .
Chairperson Harris called the meeting back to order at
11 : 25 P .M .
6. RECEIVE LETTER FROM HERMAN BERGMAN , CHAIRMAN COMMUNITY
DEVELOPMENT COMMISSION , DATED JUNE 2 , 1977
MOTION by Mr . Peterson, seconded by Mr . Langenfeld, that the
Planning Commission receive the letter from Herman Bergman ,
Chairman Community Development Commission, dated 06/02/77.
Upon a voice vote, all voting aye, the motion carried
unanimously.
Mr. Bergman requested that the name of Kraig Loftquist be
removed from the list of names that the memo was mailed to .
Chairperson Harris thanked the Sign Committee for their diligent work .
Mr . Bergman indicated that Ms . Gabel had put in many hours on
the Sign Ordinance .
Mr. Langenfeld stated that it had been a job well done .
7 . CONTINUED : PROPOSED SIGN ORDINANCE :
MOTION by Mr . Bergman , seconded by Mr . Langenfeld, that the
Planning Commission receive the letter from Ms . Pat Gabel ,
Chairperson of the Sign Project Committee, regarding the
Maintenance and enforcement . Upon a voice vote, all voting aye,
the motion carried unanimously.
PLANNING COMMISSION MEETING — JULY 13, 1977 Page 22
. y
Mr. Boardman started to go through the Sign Ordinance explaining
the changes that previously had been made. He explained
that most of the definitations had been left as they were . He
said that a few changes had been mace and some cutting had been
'done if the item hadn' t been needed or appeared elsewhere in the
Ordinance .
Ms. Gabel indicated that the Committee understood that that
could happen since they did the definitions first and had decided
to put everything that they thought might apply.
Mr. Bergman wanted to know if all the changes that had been made
at the Community Development meeting had been incorporated
• into the Ordinance .
Mr. Boardman said that the changes/corrections had all been
incorporated except for one that had been erroneously overlooked
but he said that it would be put into the Ordinance .
Mr. Boardman explained that the very first portion was SIGNS
PROHIBITED IN ALL DISTRICTS : the went on to list the signs}
All permanent signs placed within the street right-of
way except for government signs .
Signs or wall graphics that contain words/pictures that
are obscene .
Signs painted directly on the building .
Portable signs except those under Uses Permitted in all
zonings .
Signs that resemble official traffic signs or signals that
bear words used for traffic control {Stop, Go, Slow, etc .} .
Signs by reason of size, location, movement , content, color
or manner of illumination may be confused with traffic
control signs .
Projecting signs, motion signs, illuminated signs that
change in either color or intensity of light or is animated
or has flashing intermittent lights including traveling or
electronic message centers or electronic message centers that
change more than once every 15 minutes except one showing
time, temperature, or other public information .
Ms . Gabel was concerned with this wording because
she was aware of a person who would be going before
City Council requesting a variance and she would
be very much against the fact of having a traveling
electronic message center on 52nd & Central Ave NE .
132
REGULAR MEETING OF JULY 25, 1977 PAGE 8
I
Councilman Schneider indicated there was an area in the minutes he was concerned
about where reference is made to someone speaking in favor of a special use permit
and the person was not identified. Also, one of the members left the meeting early
and he was trying to figure out the 3 to 2 vote. He indicated he would like this
information, if possible.
i
RECEIVING THE MINUTES OF THE CABLE TELEVISION COMMISSION MEETING OF JULY 6, 1977:
MOTION by Councilman Hamernik to receive the minutes of the Cable Television
Commission Meeting of July 6, 1977. Seconded by Councilman Schneider. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.
RECEIVING THE MINUTES OF THE POLICE CIVIL SERVICE COMMISSION MEETING OF JULY
14, 1977:
MOTION by Councilwoman Kukowski to receive the minutes of the Police Civil Service
Commission Meeting of July 14, 1977. Seconded by Councilman Schneider. Upon a
voice vote, all •voting aye, Mayor Nee declared the motion carried unanimously.
CONSIDERATION OF AUTHORIZATION TO EXECUTE GRANT APPLICATION FOR OUTDOOR ATHLETIC
COURT DEVELOPMENT:
Mr. Qureshi, City Manager, explained time is of essence, if the Council wished
ito apply for this grant as it is on a first-come, first-served basis. The
locations involved in this grant application would be Stevenson School and
Woodcrest School in which School District #16 would participate for this particular
location.
MOTION by Councilman Fitzpatrick to authorize the execution of the grant application.
Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
CONSIDERATION OF PROGRAM FOR SALE OF SUBSTANDARD TAX FORFEIT PROPERTIES:
I Mr. Herrick, City Attorney, requested a decision not be made this evening as he
has been in contact with the County Attorney's office involving a cooperative
program.
i
MOTION by Councilman Fitzpatrick to table this item and place on a future agenda
at the discretion of the administration. Seconded by Councilwoman Kukowski. Upon
ia voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.
RESOLUTION NO. 70-1977 - APPROVING A PROPOSED AMENDMENT TO THE LEASE AND SUPPLEMENT
TO THE INDENTURE BETWEEN THE CITY AND SAFETRAN SYSTE4S CORPORATION, AND RELATED ITEMS:
Mr. Herrick, City Attorney, explained when the industrial revenue bonds were
approved for Safetran Systems Corporation, there were complications because the
property had a Torrens title and the landowner did not have a sufficient survey
I to split off the property that the building for Safetran was to be constructed on.
Therefore, the mortgage was given on the entire tract and it was agreed the owner
i had the right, at some future time, to have the lease and the mortgage amended to
have it apply simply to the new construction and the land for this construction.
He stated they have elected to exercise that option, so this is the reason these
amendments to the indenture and lease is before the Council.
Mr. Herrick stated it was understood between the parties, in order not to delay
the start of construction until the property could be split, that the mortgage
would be on the entire parcel and then would be split off. He stated the City still
has the same security that was originally intended.
i
MOTION by Councilwoman Kukowski to adopt Resolution No. 70-1977 and related items
which amend the lease. Seconded by Councilman Hamernik. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
J
131
REGULAR MEETING OF JULY 25, 1977 PAGE 7
i
_.Mr. Qureshi, City Manager, also felt there should-.be a clear identification on I
why the City would allow a double bungalow on the lot, if the special use permit
is granted, i
Mayor Nee stated he wished the Planning Commission had looked at the application
from this viewpoint.
Mr. Qureshi stated some of the things that makes this lot unique is the easements
on the lot, size of the lot, and Kerry Lane exists directly opposite to this lot.
MOTION by Councilman Schneider to concur with the recommendation of the Planning
Commission and approve SP #77-09 because of (1) the size of the lot in question;
(2) the drainage 9 ditch at the rear of the lot and the drainage easement on the
east side of the lot; and (3) the unique hardship of lights from traffic on
Kerry Lane shining on the lot. A stipulation further s i
e t of the e sP ecial use permit
�
is subject to the City administrative staff approving the plans-which shall be
substantially similar to the one presented this evening. Seconded by Councilwoman
Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
Mayor Nee suggested perhaps the Planning Commission should review this section
of the Zoning Ordinance.
Mr. Herrick indicated he was not sure where this suggestion originally came
from or if it was a recommendation of the Planning Commission.
MOTION by Councilwoman Kukowski for the Planning Commission to review the Zoning
i Ordinance with special consideration to the section which allows construction of
a two family dwelling in an R-1 zoning district. Seconded by Councilman
Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion
1 carried unanimously.
MEAOOFIMOOR TERRACE, 2ND ADDITION REAPPROVAL, PLAT SUBDIVISION P.S. #77-05,
GARY AIGLE, SOUTH SIDE OF 76TH AVENUE :
Ms. Karla Larson, 7528 75th Avenue N.E., stated they would like to start construction
as soon as possible.
Mr. Sobiech stated the plat consists of 13 single family lots between Central
Avenue and Arthur Street on the south side of 76th Avenue.
MOTION by Councilwoman Kukowski to set the public hearing and publicize. Seconded
by Councilman Schneider. oice vote, all voting aye, Mayor Nee declared
the motion carried usly.
K.B.M. INV.ESTME , LOT SPLIT L.S. #77-07, MAN SMITH, 731i AVENUE N.E.:
Mr. Sobiech explained this is a request for a lot split generally located between
Onondaga Street and 73rd Avenue. He stated the Planning Commission reviewed
this request and recommended approval. He stated it was suggested to the petitioner
that possibly additional property could be acquired to the north to eliminate
any need for a variance. He stated the petitioner had contacted these persons,
but apparently there was no interest shown in selling the property.
Mr. Haggerty appeared before the Council regarding this lot split. He stated
the property, the way it exists now, does present a hardship. He stated, if
Lakeside had gone through, they would have had a fairly decent lot; however,
with the vacation of the street, there is a depth problem with the lot. He
I indicated a variance will probably be requested as they could not obtain additional
property to the north.
MOTION by Councilman Schneider to concur with the recommendation of the Planning
Commission and grant LS #77-07 recognizing that the two R-1 lots are less than i
the 9,000 square feet standard and the development of the R-1 lots may require
a variance request on setbacks. Seconded by Councilwoman Kukowski. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.
r
MOTION by Councilman Schneider to receive the minutes of the Planning Commission
Meeting of July 13, 1977. Seconded by Councilman Fitzpatrick. Upon a voice vote,
I all voting aye, Mayor Nee declared the motion carried unanimously.
Due to new legisla,.ion by the State, it will be necessary to have this form with you
to record the lot split at Anoka County.
TO THE COUNTY AUDITOR OF ANOKA COUNTY:
The City Council of the City of Fridley on July 25, 1977
approved the following request for a lot split to allow:
for two additional building sites
on the following property:
Spit balance of Lot 4 Auditor' s_Subdivision, into three parcels :
Parcel A. The West 96 feet of that part of the ouch o o . #108,
I i S r € r�^'r`��, UaI-F of C-2-ld--j nt L1 �i�hiect to read
- -v
easement for 73 1/2 Ave. Parcel B: That part of the South 2/3 of Lot 4, A.S. #108,
whicA bites gola�i$fn t�o iellloipesoflLot ia4 xces the-West— feet thereof; subject
P p pprov was to combine to easement for
appropriate parcels of property to ensure no defaulting of73tjk2bAve. .
and avoid losing a parcel on a future sale of the property. Parcel C. the
It is hereby requested of the County Auditor to check south half of Lr.
4, A.S. 108,
the records and, if in order, combine the following parcels subject to roac
of land: easement for 73 1)
Avenue
Plat #
Parcels /lry,f,;
Lots 4
Block
Addition Auditor's Subdivision #108
Signed
Owner(s) of Record
cc : Property Owner
Lot Split Folder
Fridley Assessing Dept. ,Real Estate File
Special Assessment Dept. File