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LS97-01 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT SUBDIVISION APPLICATION FOR: Plat � Lot Split PROPERTY INFORMATION: ite plan required for submittal, see attached Address: ;� 1-1-flG� Z Property Identification Number: Legal Description: Lot .Block Tract/Addition G 'h Current Zoning: Square footage/acrerf ge: Reason for Subdivision: Have you operated a business in a city which required a business license? Yes No If Yes, which city? If Yes, what type of business? Was that license ever denied or revoked? Yes No t' FEE OWNER INFORMATION (as it appears on the property title) (Contract purchasers: Feners `mG'uG�c t sIi n this forr / ssing) G'NAME: ADDRESS: �- DAYTIME PHONE: r-�$IGNA /DATE: QA PETITIONER INFORMATION NAME: ADDRESS: DAYTIME PHONE: SIGNATURE/DATE: FEES Plat: $500.00 for 20 Lots,-$15.00 for each additional lot Total Fee: Lot Split: $250.00 Receipt#: Received By: lt4— Application Number: I-7 .v I r Scheduled Planning Commission Date: -] Scheduled City Council Date: 10 Day Application Complete Notification Date: 60 Day Date: City ofFridleyLand U se Application P 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 L.S. #97-01 Monte Maher CERTIFICATE OF SURVEY KURTH SURVEYING, INC. FOR �\1'T9002 JEFFERSON ST. N.E. COLUMBIA HEIGHTS, MN. 5521 I HEREOY CERT IF7 THAT TFIIS SURVEY, PLAN OOR REPORT 1612) 788-9768 FAX (612) 7BB-780Z VAS PREPARED DY ME OR UNDER MY DIRECT SUPE V yliM AND 7FiAT I AM A DULY LICENSED LAND, SURVd�E LiNBATE o 1 IRON MONUMENT�'.F"T" MM 1 LICE 0 30 SCALE IN FEET Lots sixteen(16),seventeen(17),eighteen(18),nineteen(19),twenty(20),and twenty-one(21),save and excepting therefrom that portion of lots twenty(20),and twenty-one(21),described as follows: Commencing at tine Northeast(NE comer of said lot 21,thence Southwesterly on the North lune of said lot 21 a distance of Forty(40)feet;thence Southeasterly and parallel with the Easterly line of lots 20 and 21 to the South line of lot twenty(20);thence Easterly on the South line of said lot 20 a distance of forty(40)feet to the Southeasterly comer of said lot twenty(20);thence Northwesterly on the Easterly line of said lots 20 and 21 to the point of commencement,all in Block"W"of River View Heights,Anoka County,Minnesota,according to the plat thereof on file and of record in the office of the Register of Deeds in and for said County and State. � 1 a° �/ 1 �...9•co 11.0 X0-1 _ � � .,� i I i;� r- 1 �C C\ \O — —a ��0, 8 � 1f��;-►-- —I off". C) t _ 7e � 1�2Sos� 40 3(30 c0 fP � o La R 10 `� 0 c!) 3 co CITY OF FMDLEY FRIDL.EY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450• FAX (612) 571-1287 June 18, 1997 Monte Maher 7965 Riverview Terrace Fridley, MN 55432 Dear Mr. Maher: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 10 days if their land use applications are complete. We received an application for a lot split on June 13, 1997. This letter serves to inform you that your application is complete and that the City of Fridley will be processing your application in accordance with Chapter 205 of the Fridley City Code. Your application schedule is as follows: Planning Commission July 16, 1997 City Council approval July 28, 1997 If you have any questions regarding this letter or the process, please feel free to contact me at 572-3593. Sincerely, Michele McPherson Planning Assistant MM:ls C-97-103 City of Fridley PUBLIC HEARING BEFORE THE PLANNING COMMat hSSIONII be a Notice is g the Fridley Planning ere public hearingring oMunicipal Center, Commission at Avenue Fridley E.on W0dn�8V• 6431 UniversiH m,for the purpose of: July 16,1951 at 7:30 P• it request,L.S.097- Consideration of a lot spl to split 20 01,by Monte and Michelle Mah at�670 Dover feet from the adjacent property Street N.E.anadd ity o'ardhon� Lots 16Property to make a larger 20 19,20,and 21,except that portion of Lots and 21 described as follows: Commencing at the northeast comer of Lot 21,thence south- westerly on the north line of saki Lot 21 a dis- tance of 40 ieek thence 1s 1 Lotst20 and 2and Pao allel with the easterly thence easterly On the the south line of Lot 20; 40 tsouth o the ofsoutsaid Lot erly20 a Sonsaid ce fLott20t thence northwesterly on thea ostcom line Of saidLots 20 and 21 to the point commence- ment,all in Block W,Riverview Heights,9e ally located at 7985 Rivfir%ons desiring to be heard Any and all p y at the above stat- shall be givenan ed time and pllaace.. Any questions uestions related to this item may be referred Scott Hickok. planning Coordinator at 572-3599 or Michele McPherson,Planning Assistant 572-3593.attend Hearing impaired persons planning rsons with who need an interpreter or other aids should disabilities who require auxiliary contact Roberta Collins at 572-3500 no later th an SAVAGE CHAIR PLANNING 1 ING COMM'SSeO Focus News CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All Property Owners/Residents within 350 Feet of Property Located at 7965 Riverview Terrace N.E. CASE NUMBER: Lot Split, L.S. #97-01 APPLICANT. Monte and Michelle Maher PURPOSE: To split 20 feet from the adjacent property at 670 Dover Street N.E. and add it to the Maher's property to make a larger rear yard. LOCATION OF 7965 Riverview Terrace N.E. PROPERTY AND Lots 16, 17, 18, 19, 20, and 21, except that portion of Lots 20 LEGAL and 21 described as follows: Commencing at the northeast DESCRIPTION: corner of Lot 21, thence southwesterly on the north line of said Lot 21 a distance of 40 feet; thence southeasterly and parallel with the easterly line of Lots 20 and 21 to the south line of Lot 20; thence easterly on the south line of said Lot 20 a distance of 40 feet to the southeasterly corner of said Lot 20; thence northwesterly on the easterly line of said Lots 20 and 21 to the point of commencement, all in Block W, Riverview Heights. DATE AND TIME OF Planning Commission Meeting: HEARING: Wednesday, July 16, 1997 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 or Michele McPherson, Planning Assistant, 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 July 9, 1997. ANY QUESTIONS: Contact either Scott Hickok, Planning Coordinator at 572-3599 or Michele McPherson, Planning Assistant at 572-3593. Publish: July 3, 1997 July 10, 1997 •• R■■L�Z1■■■■ e'r a ��,��, � ♦ L.3■ISO 111 WAS," !��► `dee . � _ h� . . s zi � . i. Zoning.. ' '' ` P,2 -Two Famly Units - - - ® � � �- F"- Park Neilixftmd This uest, by Monte %&%,dq"ert Didnct eq u• • _ •dr" • • 'r cr. .� •cmc• r-i -Local Business is to split 20 feet from the n No.70 arid General Business .cL- . n.- - � a CR1-Gawal Offim adjacent property at 670 Dover arms adopW and effecbw as of 2f1 W1 -U0 lr&strW and add it to the i �Udoor -rwe - property •. . I . - r • - r - every� %ACle#*rn0StLJp40<btehftn onwadlablec.. larger. - •: a• - u here • cr • • - •- G • L.S. #97-01 Mailed: 6/27/97 Isonte and Michelle Maher 036024320106 033024320105 033024320104 COOK DOUGLAS E HEDLUND GORDON ERICKSON WILLIAM E OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 630 ELY ST N E 650 ELY ST N E 650 ELY ST N E FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 033024320103 033024320102 033024320092 KOCZUR JOHN JR REITER DONALD KELLER T P &VAN WAGNER SARA L OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 680 ELY ST N E 684 ELY ST N E 625 DOVER ST N E FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 033024320101 033024320093 033024320094 VETERANS ADMIN OF AFFAIRS TICHY JAMES ALLEN MARTH DAWN M OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 8031 RIVERVIEW TER N E 631 DOVER ST N E 641 DOVER ST N E FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 033024320100 033024320097 033024320098 MCSHANE DANIEL M HEDLUND GORDON KORICH GEORGE W& DOLORES M OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 8021 RIVERVIEW TER N E 665 DOVER ST N E 687 DOVER ST N E FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 033024320122 033024320121 033024320099 RUTHERFORD ROBERT & NANCY ANDERSON DONALD& LEANNE L HOLMGREN LELA C OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 610 DOVER ST N E 620 DOVER ST N E 8001 RIVERVIEW TER N E FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 033024320116 033024320108 033024320115 PADILLA DAVID C KOSTOHRYZ GERALD & PATRICIA LIPA STEVE OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 670 DOVER ST N E 609 CHERYL ST N E 7995 RIVERVIEW TER N E FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 033024320109 033024320110 033024320114 BOOTS GERALD R& CHRISTI A L SCHABER YVETTE L& SCOTT K PADILLA DAVID C OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 615 CHERYL ST N E 627 CHERYL ST N E 670 DOVER ST N E FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 033024320111 033024320113 033024320112 HUDYMA KIM B & KIMBERLY A MAHER MONTE Q & MICHELLE M JUST MARVIN D & KAREN K OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 641 CHERYL ST N E 7965 RIVERVIEW TER N E 661 CHERYL ST N E FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 033024320138 033024320137 033024320136 NASON CLARK A& MARJORIE M NASON CLARK A& MARJORIE M NASON CLARK A& MARJORIE M OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 614 CHERYL ST N E 614 CHERYL ST N E 614 CHERYL ST N E FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 033024320135 033024320160 033024320132 CLARK CONSTANCE K KOHLS ROBERT E & PATRICIA J RUHLOW JULIE A OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 630 CHERYL ST N E 640 CHERYL ST N E 7941 RIVERVIEW TER N E FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 r 033024320124 033024320128 033024320131 TUREK ANTHONY S BRADY DARLENE K MARQUARDT JOEL D OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 611 BUFFALO ST N E 641 BUFFALO ST N E 7921 RIVERVIEW TER N E FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 033024320130 033024320129 MARQUARDT JOEL D MARQUARDT JOEL D OR CURRENT RESIDENT OR CURRENT RESIDENT 7921 RIVERVIEW TER N E 7921 RIVERVIEW TER N E FRIDLEY MN 55432 FRIDLEY MN 55432 r CITYOF CITY OF FRIDLEY FRJDLEY COMMISSION APPLICATION REVIEW ------------------------------------------------------- ------------------------------------------------------- File Number 20 File Date 6/23/97 Meeting Date 7/16/97 Description: Lot Split request, L.S. #97-01 , by Monte and Michelle Mah;er; 7965 Riverview Terr. ------------------------------------------------------- ------------------------------------------------------- * * Return to the Community Development Department Barbara Dacy Community Development Director jqq4- John Flora �Z�cr redoes v Public Works Director aid -ID�30 Ed Hervin City Assessor 40�.'nnT eea� 400""s 110= �c� c Scott Hickok -,7 MV Planning Coordinator Ron Julkowski Chief Building Official / -1a0 D Dick Larson Fire Marshall Michele McPherson IZUT Planning Assistant Dave Sallman Police Chief Jon 11aukaas Asst. Public Works Director LAND USE APPLICATION FILE CHECKLIST Date Created: File Number: US 1 1 -oI Summary of Request: LcA- 1'4- Date Submitted: Application Deadline: le lei ` -1 10 Day Completion Notice: (Official Receiving Date) 60 Day Action Date: S lZ q"1 I, , understand that while my application was submitted for (applicant's name) review on , the application deadline is: , and the 60 day action window will not begin until I receive a letter stating that my application is complete. I also understand that the City may, at any time during the 60 day action window, in writing, notify me that the process will be extended an additional 60 days. (signed) (witnessed by receiver) Application Found Complete ✓ yes no Application Completion Notices Mailed: LA 11•11 Scheduled Planning Commission: '1 lu 1-7 Scheduled Appeals Commission: `I Scheduled City Council: �I f: I W LO y uo � - . N "o i f I a ' � � .. . �..� � � R.� i � J/ 1 �� • • � I i, �.... � ,�..• .S'.., �,�5+. '� . f p i t. i �rt •,1 � 4� t �'i • rh '� o� �v „, �,�� .,.Y_` `��' n �� •. M:, ��A �� ,° "'�” �. -0�� , �, „�� ,. � . t� i ,. r r � i �` i _� � _ -`_'_'- _ � -J-- --T- .-: ---- PIS r +r r a PLANNING COMMISSION MEETING JULY 16 1997 PAGE 17 Ms . McPherson stated, in that case, that is within t code requirements . MOTION by Mr. Kondrick, seconded by Ms . Modig, o close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAI RSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OSED AT 9:00 P.M. MOTION by Ms . Modig, seconded by M . Saba, to recommend approval of Special Use Permit, SP #97-05, y Karl Foster, to allow construction of a second access ry structure over 240 square feet (2.3. 25 feet x 23. 75 feet) , on hat part of Lots 7 and 9, Revised Auditor ' s Subdivision No. 2 , generally located at 6654 East River Road N. E. , with the follo ng stipulations : 1 . The existing and roposed garages and dwelling shall be architecturally compatible. 2 . The accesso 1 structures shall not be used for a home occupatio . 3. The pe tioner shall provide a hardsurface driveways to the prop ed and existing garages by June 31, 1993. UPON A DICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTI CARRIED UNANIMOUSLY. . McPherson stated the City Council will consider this request on July 28 . 3. PUBLIC HEARING: CONSIDERATION OF A LOT SPLIT REQUEST, L. S. #97-01, BY MONTE AND MICHELLE MAHER: To split 20 feet from the adjacent property at 670 Dover Street N. E. and add it to the Maher' s property to make a larger rear yard, on Lots 16, 17, 18, 19, 20, and 21, except that portion of Lots 20 and 21 described as follows: Commencing at the northeast corner of Lot 21, thence southwesterly on the north line of said Lot 21 a distance of 40 feet; thence southeasterly and parallel with the easterly line of Lots 20 and 21 to the south line of Lot 20; thence easterly on the south line of said Lot 20 a distance of 40 feet to the southeasterly corner of said Lot 20; thence northwesterly on the easterly line of said Lots 20 and 21 to the point of commencement, all in Block W, Riverview Heights, generally located at 7965 Riverview Terrace N. E. MOTION by Mr. Saba, seconded by Mr. Kondrick, to waive the reading of the public hearing notice and to open the public hearing. PLANNING COMMISSION MEETING, JULY 16, 1997 PAGE 18 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 9:02 P.M. Ms . McPherson stated the request is for a lot split between 7965 Riverview Terrace and 670 Dover Street. The petitioner is requesting a lot split to divide a 40 foot x 50 foot parcel in half creating two 20 foot x 50 foot parcels. If approved, one small parcel would be added to the petitioner ' s property at 7965 Riverview Terrace and would increase the side yard from 11 feet to 31 feet. Ms. McPherson stated the petitioner' s property is located at the intersection of Cheryl Street and Riverview Terrace. The adjacent property at 670 Dover Street is located slightly northeast of the subject property. The property and all the surrounding properties are zoned R-1, Single Family. Ms . McPherson stated the request is atypical in that it does not create a buildable lot. The portion that is being considered for a split will need to be combined with the property at 7965 Riverview Terrace in order to have a single tax parcel and that it does not stand alone. The property at 670 Dover, with the entirely of the 40 foot x 50 foot parcel, does not currently meet the 9, 000 square foot minimum lot area requirement. It totals 8, 600 square feet. The Dover Street parcel does meet the minimum 7, 500 square foot lot area requirement for lots platted prior to 1955. If approved, the Planning Commission will need to acknowledge this deficiency in their motion. The lot split does create a more logical lot division between the two parcels and does not adversely impact the useable area of 670 Dover. Ms. McPherson stated staff recommends approval of this request. The motion should acknowledge the lot area deficiency of 670 Dover Street. Staff recommends the following stipulation: 1 . The area split shall be combined for tax purposes with the petitioner' s property. Ms. Savage asked if there were any calls or comments opposing the request . Ms. McPherson stated no that staff did not receive any calls regarding this request. Mr. Maher stated the lot is awkward in its positioning. He has done an addition of 1300 square feet and the lot split would give them more room off of the kids back bedroom and more backyard. This lot was originally with the property. PLANNING COMMISSION MEETING, JULY 16, 1997 PAGE 19 Mr. Maher stated the owners of that property want him to buy that house from them. He would suggest that the City do something with lots like that. He would have liked to take the property down, take the whole 40 feet, and combine that with his lot. Then purchase the lot to the south, which is empty, and combine the lots. That would make the area a better place. Bigger lots make for better houses. Ms. Savage asked if the petitioner had any problem with the stipulations . Mr. Maher stated he had no problem with paying taxes . Mr. Kondrick stated he understands that the other half of the parcel needs to be recorded. How do we make certain that this is recorded with the County? Ms . McPherson stated staff would have to verify if it has its own property identification number. Staff would ask that both parcels be combined with the proper adjacent properties so either the petitioner and/or the owner make sure that their half is combined with their proper parcel. Mr. Hickok stated this is not as much about taxes. The stipulation pertains to combining the parcels for tax purposes so that we do not at some time in the future end up with a small parcel that exists up on its own. By combining, it will be recognized as one tax parcel not only to the petitioner but also in the tax records. Ms . Modig stated the legal description will change so that it has only one PIN or identification number. Mr. Hickok stated yes. Staff will also notify the 670 Dover owner that they will also have to make that change in the records. Ms. McPherson stated staff provides assistance is doing this. The Assessing Department helps with the paperwork that must be prepared for the County property records department. MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 9: 13 P.M. i; Mr. Kondrick stated he had no problems with the request . He thought it would benefit both parties . I I PLANNING COMMISSION MEETING, JULY 16, 1997 PAGE 20 MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend approval of Lot Split, L.S. #97-01, by Monte and Michelle Maher, and acknowledging the deficiency in the lot area of 670 Dover Street, to split 20 feet from the adjacent property at 670 Dover Street N.E. and add it to the Maher's property to make a larger rear yard, on Lots 16, 17, 18, 19, 20, and 21, except that portion of Lots 20 and 21 described as follows: Commencing at the northeast corner of Lot 21, thence southwesterly on the north line of said Lot 21 a distance of 40 feet; thence southeasterly and parallel with the easterly line of Lots 20 and 21 to the south line of Lot 20; thence easterly on the south line of said Lot 20 a distance of 40 feet to the southeasterly corner of said Lot 20; thence northwesterly on the easterly line of said Lots 20 and 21 to the point of commencement, all in Block W, Riverview Heights, generally located at 7965 Riverview Terrace N. E. , with the following stipulation: 1. The area split shall be combined for tax purposes with the petitioner' s property, and UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated the City Council would consider this request on July 28 . Mr. Maher stated he would purchase the property next door if he knew he could purchase the empty lot adjacent to that property. 4 . RECEIVE THE MINUTES OF THE APPEALS COMMISSIO EETING OF JUNE 11, 1997 MOTION by Mr. Saba, seconded by g Mr. Kondr' to receive the minutes of the Appeals Commission meet ' of June 11, 1997 . UPON A VOICE VOTE, ALL VOTING AYE HAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE THE MINUTES 0 HE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF JUNE 12, 997 MOTION by Mr. Kondri seconded by Ms. Modig, to receive the minutes of the Ho ing & Redevelopment Authority meeting of June 12, 1997 . UPON A VOIC OTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION IED UNANIMOUSLY. CITY OF FRIDLEY PROJECT SUMMARY 7965 Riverview Terrace N.E. Lot Split Request Agenda Item: Applicant: Monte Maher Case Number: L.S. #97-01 Application Date: June 12, 1997 Staff Reviewer: M. McPherson Meeting Date: July 16, 1997 July 28, 1997 City Manager Authorization DESCRIPTION OF REQUEST: The petitioner, Monte Maher, requests that a lot split be granted to split a 20 foot x 50 foot (1,000 square feet) rectangle from an adjacent 40' x 50' parcel of land owned by Dave Padilla, 670 Dover Street N.E. If approved, this 1,000 square foot area will provide additional rear yard adjacent to the petitioner's dwelling. SUMMARY OF ISSUES The lot split request is atypical, in that it does not create a buildable property. It will need to be combined with the petitioner's property at 7965 Riverview Terrace N.E. and would not be allowed to stand alone. The property at 670 Dover Street N.E. (8,600 square feet) currently does not meet the minimum lot area requirement of 9,000 square feet; however, it does meet the lot area of 7,500 square feet for properties platted prior to 1955. The area of the lot split does not provide usable area for 670 Dover Street as it is west of the primary portion of the lot (see aerial). It will increase the side yard adjacent to the petitioner's house from 11 feet to 31 feet. The City should acknowledge the lot area deficiency of 670 Dover Street. RECOMMENDATION TO THE PLANNING COMMISSION Staff recommends that the Planning Commission recommend approval of the request to the City Council with one stipulation: 1. The area split shall be combined for tax purposes with the petitioner's property. PLANNING COMMISSION ACTION The Planning Commission, acknowledging the lot area deficiency of 670 Dover Street, voted unanimously to recommend approval of the request to the City Council. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission action. 5.01 Project Summary L.S. #97-01, by Monte Maher Page 2 PROJECT DETAILS Petition For: A lot split to split 20 feet from an adjacent 40' x 50' parcel. Location of 7965 Riverview Terrace N.E. Property: Legal Description Lots 16 - 21, Block W, Riverview Heights, except the east 40 of Property: feet of Lots 20 and 21 Size: 32,670 square feet; .75 acres Topography: Flat Existing Trees, sod Vegetation: Existing R-1, Single Family Dwelling; Riverview Heights, 1922 Zoning/Platting: Availability Connected of Municipal Utilities: Vehicular Riverview Terrace; Cheryl Street Access: Pedestrian N/A Access: Engineering None Issues: Comprehensive The zoning and Comprehensive Plan are consistent in this Planning Issues: location. Public Hearing To be taken Comments: 5.02 Project Summary L.S. #97-01, by Monte Maher Page 3 ADJACENT SITES: WEST: Zoning: R-1, Single Family Dwelling Land Use: Residential SOUTH: Zoning: R-1, Single Family Dwelling Land Use: Residential EAST: Zoning: R-1, Single Family Dwelling Land Use: Residential NORTH: Zoning: R-1, Single Family Dwelling Land Use: Residential Site Planning Issues: REQUEST The petitioner, Monte Maher, requests that a lot split be granted to split a 20 foot x 50 foot (1,000 square feet) rectangle from an adjacent 40' x 50' parcel of land owned by Dave Padilla, 670 Dover Street N.E. If approved, this 1,000 square foot area will provide additional rear yard adjacent to the petitioner's dwelling. SITE DESCRIPTION/HISTORY The subject property is located at the intersection of Riverview Terrace and Cheryl Street. Located on the subject property is a single family dwelling unit. The date of construction for the original dwelling unit is unknown. In 1963, a 16' x 20' garage/ workshop was constructed. In 1994, the City granted a variance to reduce the rear yard setback from 40 feet to 30 feet, and also granted a special use permit to allow the construction of an addition in the flood fringe area in order to allow construction of an addition. In 1995, the petitioner received a building permit to construct a 26' x 50' addition to the north side of the existing dwelling. ANALYSIS The petitioner's lot split proposal is atypical in that it does not create a buildable lot. The petitioner proposes to split 20 feet from a 40' x 50' adjacent parcel which is landlocked between three parcels; 670 Dover, 7965 Riverview Terrace, and 7995 Riverview Terrace. This adjacent piece is currently owned by the owner of 670 Dover Street to the east. 670 Dover Street does not meet the minimum lot area (9,000 square feet) for properties platted after 1955. The current lot area of this property is 8,600 square feet with the combined 60' x 110' parcel and the 40' x 50' parcel in question. If approved, the lot split would reduce the lot area of 670 Dover Street to 7,600 square feet. This area meets the minimum lot area required for properties platted prior to 1955, 5.03 Project Summary L.S. #97-01, by Monte Maher Page 4 which is 7,500 square feet. The location of the subject parcel, west of the primary portion of the 670 Dover Street parcel, is such that splitting the 1,000 square feet does not adversely impact the usable area of 670 Dover Street. The lot split improves the lot definition, and increases the side yard of 7965 Riverview Terrace from 11 feet to 31 feet. This 1,000 square foot area, however, should be combined for tax purposes with the petitioner's existing lot. The City will need to acknowledge the lot area deficiency of 670 Dover Street. STAFF RECOMMENDATION TO THE PLANNING COMMISSION Staff recommends that the Planning Commission recommend approval of the request to the City Council with one stipulation: 1. The area split shall be combined for tax purposes with the petitioner's property. PLANNING COMMISSION ACTION The Planning Commission, acknowledging the lot area deficiency of 670 Dover Street, voted unanimously to recommend approval of the request to the City Council. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission action. 5.04 FRIDLEY CITY COUNCIL MEETING OF JULY 28 97 PAGE 3 GRANTED VARIANCEREQU VAR 497-10, WITH ONE STIPULATION: IF THE PETITIONER CA T USE THE EXISTING FOUNDATION, THE STRUCTURE SHALL B ROUGHT INTO CONFORMANCE WITH THE 10 FOOT SETBACK R IREMENT. 5. RESOLUTION NO. 55-1997 APPROVING A SUBDIVISION, LOT SPLIT, L.S. #97-01, TO SPLIT 20 FEET FROM THE ADJACENT PROPERTY AT 670 DOVER STREET N.E. AND ADD IT TO 7965 RIVERVIEW TERRACE N.E. (L.S. #97-01, BY MONTE AND MICHELLE MAHER) (WARD 3): Mr. Burns, City Manager, reported on the request by Monte Maher asking that a 20 foot by 50 foot parcel of land be split from property located at 670 Dover Street and added to petitioner's property at 7965 Riverview Terrace. By this action, the petitioner will expand his side yard from 11 feet to 31 feet, and presumably will enable the. construction of a future deck. While the lot split does reduce the size of an already non-conforming lot from 8,600 square feet to 7,600 square feet, it is staffs opinion that the reduction does not adversely impact the useable area of 670 Dover Street. The request was approved unanimously by the Planning Commission at their July 16 meeting. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 55-1997. 6. RESOLUTION NO. 56-1997 APPROVING MN/DOT AGREEMENT NO.76204 WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION' FOR- IMPROVING THE I-694 N.E. NORTHEAST RAMP. AND, RECEIVE BIDS FOR THE IMPROVEMENT OF -INTERSfATE HIGHWAY I-694 N.E. RAMP Tb. TRUNK HIGHWAY 47 (UNIVERSITY AVENUE PROJECT NO. ST. 1997-3 (WARD 1)• The City has prepared plans and specifications for e ramp upgrade. Council authorized solicitation of bids for the project, and staff o ed bids on July 18, 1997. The low bid was submitted by Forest Lake Construction $453,496.01. In addition to receiving and awarding the bid, Council is being aske to approve an agreement with MnDOT. This agreement establishes that the City a inisters the project while the State provides funds and inspects the project. Staff r ommends that Council approve the agreement with MnDOT, receive the bids, and and the contract for the construction of the I-694/TH47 ramp improvements to Fore ake Construction for $453,496.01. ADOPTED RESO ION NO. 56-1997. RECEIVED THE FOLLOWING BIDS FOR THE IMP VEMENT OF INTERSTATE HIGHWAY I-694 N.E. RAMP TO . TRUNK HIG WAY 47 (UNIVERSITY AVENUE), PROJECT NO. ST. 1997-3: FOREST AKE CONSTRUCTION, $453,496.01; AND THOMAS & 'SONS CONS UCTION, $457,050.35. AWARDED THE CONTRACT TO THE LOW BID R, FOREST LAKE CONSTRUCTION IN THE AMOUNT OF $453,496.01. I FRIDLEY CITY COUNCIL MEETING OF JULY 28, 1997 PAGE 4 7. RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA k LAWFUL GAMBLING PREMISE PERMIT TO CLIMB THEATRE COMPANY (MAPLE LANES, 6310 HIGHWAY 65 N.E.) (WARD 2): CLIMB Theatre Company would replace Totino-Grace High School as e holder of the- lawful gambling premise permit for Maple Lanes. CLIMB is a nonpro theater company that provides instruction to elementary and secondary school audie ces. Topics include violence prevention, substance abuse and addiction, sexual haras ent, and conservation (recycling). They are located in St. Paul, and have done w in the Fridley, Anoka- Hennepin, Spring Lake Park and Brooklyn Center School istricts. This fall, they are -day workshop on acceptance at Woodc res lementary. They expect to doing afive benefit Fridley residents by providing their children wit effective programming. Totino- ,Grace High School agreed to leave Maple Lanes after heir lease ended, and they have no objections to another charitable organization doin business there. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 57-1997. 8. CL".Ir.;S: AUTHORIZED PAYMENT OF C AIM NOS. 75555 - 75829. 9. LICENSES: .. APPROVED THE LICEN S AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFF E. 10. ESTIMATES: APPROVED THE TIMATES AS FOLLOWS: Richmar Constru ion, Inc. 7776 Alden Wa , N.E. Fridley, MN 5 432 W er Treatment Plant No. 3 P oject No. 293 stimate No. 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,043.66 1 RESOLUTION NO. 55 - 1997 RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. #97-01, TO SPLIT 20 FEET FROM THE ADJACENT PROPERTY AT 670 DOVER STREET N.E. AND ADD IT TO 7965 RIVERVIEW TERRACE N.E. WHEREAS, the City Council approved a lot split at the July 28, 1997 meeting, and a stipulation attached as Exhibit A; and WHEREAS, such approval was to split 20 feet from the adjacent property at 670 Dover Street N.E. and add it to the Maher' s property to make a larger rear yard, on Lots 16, 17, 18, 19, 20, and 21, except that portion of Lots 20 and 21 described as follows: Commencing at the northeast corner of Lot 21, thence southwesterly on the north line of said Lot 21 a distance of 40 feet; thence southeasterly and parallel with the easterly line of Lots 20 and 21 to the south line of Lot 20; thence easterly on the south line of said Lot 20 a distance of 40 feet to the southeasterly corner of said Lot 20; thence northwesterly on the easterly line of said Lots 20 and 21 to the point of commencement, all in Block W, Riverview Heights, generally located at 7965 Riverview Terrace N.E. WHEREAS, the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval will split 20 feet from the adjacent property at 670 Dover Street N.E. and add it to 7965 Riverview Terrace N.E. NOW, THEREFORE, BE IT RESOLVED, that the City Council directs the petitioner to record this lot split at Anoka County within six months of this approval or else such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28TH DAY OF JULY, 1997 . NANCY J. JORGENSON - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK J4 Page 2 - Resolution No. 55 - 1997 EXHIBIT A 1. The area split shall be combined for tax purposes with the petitioner' s property. CITYOF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612)571-3450• FAX(612)571-1287 CITY COUNCIL ACTION TAKEN NOTICE August 12, 1997 Monte and Michelle Maher 7965 Riverview Terrace N.E. Fridley, MN 55432 Dear Mr. and Ms. Maher: On July 28, 1997, the Fridley City Council officially approved your request for a lot split request, L.S. #97-01, to split 20 feet from the adjacent property at 670 Dover Street N.E. and add it to the Maher's property to make a larger rear yard, on Lots 16, 17, 18, 19, 20, and 21, except that portion of Lots 20 and 21 described as follows: Commencing at the northeast corner of Lot 21, thence southwesterly on the north line of said Lot 21 a distance of 40 feet; thence southeasterly and parallel with the easterly line of Lots 20 and 21 to the south line of Lot 20; thence easterly on the south line of said Lot 20 a distance of 40 feet to the southeasterly corner of said Lot 20; thence northwesterly on the easterly line of said Lots 20 and 21 to the point of commencement, all in Block W, Riverview Heights, generally located at 7965 Riverview Terrace N.E. Approval of this lot split is contingent upon the following stipulation: 1. The area split shall be combined for tax purposes with the petitioner's property. If you have any questions regarding the above action, please call me at 572-3590. Sincerely, Barbara Dacy, AICP Community Development Director BD/dw i I Monte and Michelle Maher August 12, 1997 Page 2 Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by August 26, 1997. Concur with action taken.