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PS01-02 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT SUBDIVISION APPLICATION FOR: _Y Plat Lot Split PROPERTY INFORMATION: - site plan required for submittal, see attached Address: Property Identification Number: Legal Description: Lot Block Tract/Addition f e---c - H•lls' zm= Uu.-r ei it Loni fg': Square foot ,ge/acre-age: 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 FEE OWNER INFORMATION (as it appears on the property title) (Contract pyrch ers: Fee owner ust sign this form prior to r cessi g) NAME:,z D� o4� i� ADDRESS: -- DAYTI PHONE:4.37—,23,g,'— GNA E/DATE: PETITIONER INFORMA NAME: ve-- aSf'7L- C.� ADDRESS: DAYTIME PHONEi;5S'/-23�,---4�V3.2 SIGNATUR /DATE: Plat: � r 20 Lots, $15.00 for each additional lot Total Feer Lot Split: $250.00 Receipt#: cyo tSon Received By: Application Number: .5 DI-off Scheduled Planning Commission Date: - CJD Scheduled City Council Date: v 10 Day Application Complete Noti ation Date: v G 60 Day Date: Gi p r City ofFridley L d Use Application Process 60 Day Agency Action Law Application DatePlanning Commission Meeting City Council Decision 60 Day Window Starts Recommendation to Council Approval x Denial 21-40 Days50-60 Days: =. Approved, Action Taken Letter A�.,plication Complete 10 Day Notice e 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 SUBDIVISION APPLICATION SUBMISSION CHECKLIST The following shall be the minimum submission requirements to the Planning Commission. Applications will not be accepted if the following is not submitted: ITEM SUBMITTED RECEIVER'S COMPLETE REVIEWER'S INITIALS INITIALS/DATE Completed application, with fee (Application is considered complete if all blanks are completed, and both fee owner and petitioner have signed) For Lot Splits, a Certificate of Survey , showing norih arrow, existing and ► I proposed lot lines, existing and proposed legal descriptions, existing improvements, etc. Must be signed by a re istered surveyor. For Plats, a preliminary plat showing north arrow, existing and proposed lot lines, existing and proposed legal descriptions, easements, spot elevations, existing improvements, etc. Must be signed by a registered surveyor. Items are required to be submitted in three (3) full-size copies, with one (1) 8 '/z" x 11" reduction. SUBDIVISION PROCESS Section 211 A 4111; Purpose: A subdivision is the process to legally create a new parcel of land for development purposes. Subdivisions occur in one of two ways: the lot split and the plat. velopme KLot Splits: An existing parcel of land may be subdivided into two or more w prn to e parcels by this method when each parcel is a simplefractional part of the existing parcel. For example, 'the east 1/2 of Lot 25, Block Q, Taurus Addition", or the 'west 50 feet of Lot r. Plats: Plats are required to subdivide parcels of land which require complex descriptions using angles. bearings, dimensions, ect. These types of descriptions are commonly known as "metes and bounds". A Plat will create simple "lot and block" descriptions. The Lot Split process begins by filling out a LOT SPLIT APPLICATION. This, with a Certificate of Survey, and other appropriate drawings, must be submitted to the Planning staff. Certificates of Survey must be prepared by a Registered Land Surveyor. The legal descriptions of the existing and proposed p(n--lelq mu.:st A�2SO fee is assr-x-Hated wi'Ll`1 the apps dcatioli. F: : ;, are non-refundable and are used for postage, publication of notices, and other expenses associated with the request. Once the application is received, the application is reviewed by staff from the Planning, Engineering, Assessing, Fire, and Police Departments. The impacts to adjacent properties are discussed, and stipulations are developed for recommendation to the City Council. Simultaneously, a mailing list of all properties within a 350 foot radius of the property is generated. Notices of the request are sent to these property owners. There is approximately four weeks between the application due date and the Planning Commission meeting. Prior to the meeting of the Planning Commission, a staff report is written, and the petitioner called regarding the staff recommendation. The Planning Commission is made up of seven residents of the community. The meetings are held the first and third Wednesdays of the month at 7:30 pm in the Council Chambers in the Municipal Center. The Planning Commission is an advisory commission to the City Council. It is the responsibility of the Planning Commission to conduct a public hearing, gather testimony and make a recommendation to the City Council regarding all lot split requests. The City Council, if approving the lot split, will pass a resolution which will. then be certified and recorded, rd. Anoka County. Prior to recording the deed transferring property, the City must stamp the deed approving it for transfer. The Plat process begins by filling out a PLAT APPLICATION. This, with a Preliminary Plat and other appropriate drawings, must be submitted to the Planning staff. Preliminary Plats must be prepared by a Registered Land Surveyor. The legal descriptions of the existing and proposed parcels must also be included. A$500 fee (up to 20 lots) is required with the application. Fees are non- refundable and are used for postage, publication of notices, and other expenses associated with the request. Once the application is received, the application is reviewed by staff from the Planning, Engineering, Assessing, Fire, and Police Departments. The impacts to adjacent properties are 27 r SUBDIVISION PROCESS (cont.) discussed, and stipulations are developed for recommendation to the City Council. Simultaneously, a mailing list of all properties within a 350 foot radius of the property is generated. Notices of the request are sent to these property owners. There is approximately four weeks between the application due date and the Planning Commission meeting. Prior to the meeting of the Planning Commission, a staff report is written, and the petitioner called regarding the staff recommendation. The Planning Commission is made up of seven residents of the community. The meetings are held the first and third Wednesdays of the month at 7:30 pm in the Council Chambers in the Municipal Center. The Planning Commission is an advisory commission to the City Council. It is the responsibility of the Planning Commission to conduct a public hearing, gather testimony and make a recommendation to the City Council regarding all pkrt requests. If the plait is approved by the City Council, the applicant then prepares the final myla rs and submits them to the City Cotmcii under a FINAL PLA`1 APPLICATION. Additional information regarding the Subdivision Process may be obtained by calling the City of Fridley Planning Department at 572-3599 or 572-3593. 28 SCOTT J. HIPC KOK I r�m Planning Coordinator Municipal Center 31Y OC 643 t University Avenue Northeast MDLA Fridley. 57 55432 -3599 CITYOF BUS. (612) 572-1287 F fDLN FAX (612) 571-1287 `V j,•,` MIckoksac,.lridley mn.us RIDLEY NIL`ICIPAL CENTER • ,I UNIVERSITY AvE. v-E. FRIDLEY. NIN 55-432 -(612)571-3450- FAX (612) 571-1287 October 24 , 1995 Da.ul Harstad Harstad Companies 2191 silver Lake Road New Brighton, MN 55112 .' � subject: Lots 5 and 6"':* Block Block 2, Innsbruck Park North 2nd Addition; 5470 and 5490 East Danube Road N.E. , Fridley, Minnesota Dear Mr. Harstad: This is to summarize the City's position regarding issuance of a building permit on the above-referenced lots. The City will issue a building permit upon submission, review, and approval of the following documents: 1. Submission of a hydrologic analysis identifying the impacts to adjacent properties of the construction of a single fam .ly detached dwelling on Lot 5. The purpose of the study is to determine if there will be adverse impacts to surrounding properties from the construction of a dwelling on the property. Two reports of a high water table and increased flooding have been received from-- owners of the properties at 5535 and 5505 West Danube Road N.E. Another report of increased runoff was also reported by the ow-1116r Of , the property at 5477 East Danube Road N.E. The analysis must be completed by a certified hydrologist If adverse impacts are identified, appropriate means to el mid nate p impacts must be identified and implemented. 2 . Completion of soil borings and submission of soil boring reports. The report must analyze the suitability of the soil and fill below the 100 foot elevation and above the 100 foot elevation as indicated on the grading plan submitted April 1994 . If determined appropriate by the City, existing fill above the 100 foot elevation may have to be removed and may be a stipulation of permit approval. Paul Harstad October 24, 1995 Page 2 3 . Lots 5 and 6 shall be combined for tax purposes into one tax Parcel. Further, the areas on Lot 6 identified on the attached plan shall be excavated. 4 . The developer shall meet with surrounding owners and review the results of the studies in #1 and #2 . State Building Code Chapter 1305.0106 Section 106, Permits, refers to Section 106 . 3 . 2 of the Uniform Building Code which reads: "Plans, specifications, engineering calculations, diagrams, soil investigation reports, special inspection and structural observation programs, and other data shall constitute the submittal documents and shall be submitted in one or more sets with each application for a permit. " Further, Chapters 18 and 33 of the UBC provide the City with the authority to require any necessary tests to insure that the soil and site geology are appropriate for construction. The City has the authority to require the analysis described in Items #1 and #2 . If you have any questions, please feel free to contact me at 572- 3590. Sincerely, Barbara Dacy, AICP Community Development Director BD/dw C-95-264 cc: Ron Julkowski, Chief Building Official William Burns, City Manager Virgil Herrick, City Attorney Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant OF FPUtFY HM�4THMR HILL 5 NORTH PL4T 7 CCITYOLNTY OF ANOKA SECTION 13, T30N,P24W 5A L 4A 415 sA 30 4.1- - liali wwwt I 2A iA 1A Jp — it (C-SAJL go. 35) w an —N=rtlrw MUM — — -- ---- —————————-;7 — -- ----- UEb MMY G. RUM 4 SONS, INC. A410 25 m 'M �5rELI MRN M"—W tM ICP M[IIMV!!3 6114 Ra lIE EOf LE[6 1E p or-W W-LK40 10 m VON.EO Nxem swr LAND SLJAV ff mm w N.M. W AIT am im me NM LW LM Lm mltmlx 90M ON OWff W SM 6 MAU 10 HIS A WARC OF Rf I$POI MOP PK Y m v Fts m"a 1 PCH-50 RE' THS PM City of Fridley PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday,July 18,at 7:30 p.m. for the purpose of: Consideration of a Vacation, SAV 01-06, by George Bateson, for drainage and utility easements to be vacated in the plat of HEATHER HILLS NORTH,generally located attend who need an interpreter or other per- sons with disabilities who require auxiliary aids should contact Roberta Collins at 763- 572-3500 no later than July 12, 2001. The TDD number is 763-572-3534. DIANE SAVAGE CHAIR PLANNING COMMISSION (July 5, 12,2001)Fridley,Columbia Heights Focus News PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E . on Wednesday, May 2, at 7 :30 p.m. for the purpose of : Consideration of a Preliminary Plat, PS #01-02 , by George Bateson, to allow five single family lots, legally described as Lots 1A, 1B, 2A, 2B, 3A, 3B, 4A, and 4B, Heather Hills North, Anoka County, Minnesota, generally located at Heather Place and Central Avenue . Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place . Any questions related to this item may be referred to Paul Bolin, Planning Coordinator at 763-572-3599 . Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than April 26, 2001 . The TDD number is 763-572-3534 . DIANE SAVAGE CHAIR PLANNING COMMISSION Publish: April 19, 2001 April 26, 2001 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property generally located at Heather Place and Central Avenue. CASE NUMBER: Preliminary Plat, PS #01-02 APPLICANT. George Bateson Petitioner or representative must attend the Planning Commission meeting. PURPOSE: To allow five single family lots. LOCATION OF Heather Place and Central Avenue PROPERTY AND LEGAL Lots 1A, 1 B, 2A, 2B, 3A, 3B, 4A, and 4B, Heather Hills North, DESCRIPTION: Anoka County, Minnesota DATE AND TIME OF Planning Commission Meeting: HEARING: Wednesday, May 2, 2001, at 7:30 p.m. The Planning Commission Meetings are televised live the night of the meeting on Channel 17. 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 Paul Bolin, Planning Coordinator, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODAT/ONS: interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than April 26, 2001 . The TDD # is 763-572-3534. ANY QUESTIONS: Contact Paul Bolin, Planning Coordinator, at 763-572-3599 or Stacy Bulthuis, Planner, at 763-572-3595. Publish: April 19, 2001 April 26, 2001 city of City of Fridley Fridley Public Hearing Notice H i 1X�0 WarT�7O 1100 77 _ . 6 4 � 6 ¢.:45 &133 Yi 3 - 6250,,�-� , X 9 9 6- 3 57! > e 6Y4O 6149 245 , 1 1.&66 mom 141 _ 69_ L 6Y4O 6Y46 �F+ 1 6T85 12W, 6�2 /0' � I6�0 61� 7 5 � 140 '162 0? > 0 6Y72 6 171 3 i 1 6104�fi 15 - 1F3.. I y , R-1 -One Family Units M-1 -Light Industrial N Sources: R-2 -Two Family Units 7 M-2 -Heavy Industrial Fridley Planning Q R-3 -General Multiple Units M-3 -Outdoor Intensive Heavy Industrial Fridley GIS Z R-4 -Mobile Horne Parks • M4 -Manufacturing Only Anoka County GIS PUD -Planned Unit Development P Public Facilities PS#01-02 Anoka CountyAssessing W Hyde Park Neighborhoods RR -Railroads 4 S-2 -Redevelopment District Heather Hills North Plat 11 40 S-3 -Heavy Ind,Onaway Addition N Street Centerlines W G1 -Local Business Lot/Parcel Boundaries 6217 Central Avenue G2 -General Business Water Features G3 -General Shopping R ht-of-Wa George Bateson, et al 40 GR1-General Office g y CURRENT RESIDENT QUALITY GROWTH LTD CURRENT RESIDENT 1250 MOORE LK DR NE 3002 ELM ST 1200 MOORE LK DR NE FRIDLEY,MN 55432 FARGO,ND 58102 FRIDLEY,MN 55432 STARMR�KCNORTHWEST REALTY LLRLUCSAR YOAVA JANKOWSKI JOHN M C/O CLU SPORTS INTL INC 1420 RICE CREEK RD NE 1400 RICE CREEK RD NE DENVERF ,C 80290 FRIDLEY,MN 55432 FRIDLEY,MN 55432 MILES DOROTHY M SPOONER CALEB J CHRISTENSEN CHAD D ETAL 1370 RICE CREEK RD NE 6271 CENTRAL AVE NE 6245 CENTRAL AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 C\JRRENT RESIDENT1 WESTOVER BRIAN L & CAROL A PETERSON NED J & DIANE M 62 CENTRAL AVE Nit 6274 BEN MORE DR NE 6266 BEN MORE DR NE F EY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 CARPENTER ROBERT L & M J HAGMANN BECKY L TRAHAN THEODORE C & RAMONA 6258 BEN MORE DR NE 6250 BEN MORE DR NE 6245 BEN MORE DR NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 NOLBY RONALD A & PATRICIA J MESSICK CAROLYN S SCHAEFER EUGENE L & J Q 6253 BEN MORE DR NE 6257 BEN MORE DR NE 6240 KERRY LN NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 RUSSINIK MICHAEL D & SUSAN OSMAN SUSAN B WIBEL FRANKLIN H & MARY J 6236 KERRY LN NE 1431 KERRY CIR NE 1421 KERRY CIR NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 HAGMANN DONALD E SELLECK RANDALL M & DIANE E HILBORN PAUL L & LAURA L 1411 KERRY CIR NE 1401 KERRY CIR NE 1400 KERRY CIR NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 SCHUMACHER JEAN A PETERSON KORE G & INDRAWATI ANDERSON JOAN G 1410 KERRY CIR NE 1420 KERRY CIR NE 1430 KERRY CIR NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 GERGEN DANIEL J & SHELLOY M ADOLPHSON LOREN A & LOIS Y DAVIDSON KEITH A & DONETTA R 6133 WOODY LN NE 6131 WOODY LN NE 6127 WOODY LN NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 GAGNER LORRAINE A ASP ANDREW M & JEANINE L BRICKNER THOMAS E 6125 WOODY LN NE 6115 WOODY LN NE 6249 BEN MORE DR NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 BUE MARK D & MARK K SAARELA JEFFREY G & ESTHER ELWELL STEVEN J & JEAN 6229 CENTRAL AVE NE 6190 HEATHER CIR NE 6175 HEATHER PLACE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 CURRENT RESIDENT ELWELL JOANNE M PIETRINI DENNIS J & MARY E 6182 HEATHER CIR NE 6172 HEATHER CIR NE 6177 HEATHER CIR NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 BATESON GEORGE F & ANN L BRENNY VIRGIL L & BONITA MARTIN JOHN F JR 6196 HEATHER PL NE 6187 HEATHER CIR NE 6170 HEATHER PL NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 JANEZICH RICHARD J & GAIL P ANDERSEN DALE C & PATRICIA L BURZYNSKI KATHLEEN J & C J 6171 HEATHER PL NE 6175 HEATHER PL NE 6185 HEATHER PL NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 BEECROFT PAUL E & VIRGINIA 6199 HEATHER PL NE FRIDLEY,MN 55432 May 17, 2001 Mr. Paul Bollan Planning Coordinator City of Fridley 6431 University Avenue Fridley, Minnesota 55432 Dear Mr. Bollan: I understand that there is a difference of opinion on the acceptability of the existing utility stubs to serve the five new lots in the new plat, Heather Hills North ll. I have asked our engineer, Chuck Plowe,to re-study this issue. He will be in contact with you and the Fridley City Engineer. Chuck Plowe can be reach on 763- 785-1043. 1 assure you that I am committed to resolving this issue in a manner that is acceptable to the City of Fridley. Regards, George F. Bateson, P.E. 6196 Heather Place Fridley, Minnesota 55432 C: Dennis and Mary Pietrini LETTER OF TRANSMITTAL " tLOWE ENGEKING JOB NO. DATE 9180 Lexington Ave. N.E. 6-1d-01 Circle Pines, MN 55014 - 3625 ATTENTION Ph (763) 785-1043 Fax (763) 786-6007 RE `70Ha✓k email: cwplowe@gwest.net T O WE ARE SENDING YOU The following: ❑ Attached ❑ Under separate cover via ❑ Shop Drawings ❑ Specifications ❑ Copy of letter ❑ Change order ❑ Prints Plans ❑ Samples ❑ COPIES DATE NUMBER DESCRIPTION 0 THESE TRANSMISSIONS ARE: X For your approval ❑ Approved as submitted ❑ For your information and file ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As per your request ❑ Corrections noted ❑ Return corrected prints ❑ For your review and comment(s) ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS: SeG� P/i/•CPS Fo/ / ls- �Y9-.S N � e COPY TO: ar9 if Ifalrs SIGNATURE: IF ENCLOSURES ARE NOT AS DESCRIBED,PLEASE NOTIFY US IMMEDIATELY City of Fridley Land Use Application PS-01-02 May 2, 2001 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Transportation: George&Ann Bateson Dennis&Mary Pietrini Homes will be accessed from Heather 6196 Heather Place NE 6177 Heather Circle Place. Fridley,MN 55432 Fridley,MN 55432 Requested Action: Physical Characteristics: Replat of property to accommodate five Tree covered,relatively level on the western portion. Slopes, some severe,on single family homes. Existing Zoning: the eastern portion of property. R-1, One Family Residential SUMMARY OF REQUEST Location: Petitioner is seeking to create five separate lots in 6217 Central Ave. order to construct five single family homes,instead of the four initially propose in the 1999 Plat. Size: 97,846 square feet 2.25 acres SUMMARY OF ANALYSIS Existing Land Use: City Staff recommends approval of this plat Vacant, 1 home under construction request, with stipulations. Surrounding Land Use&Zoning: • Proposed lots exceed the size standards N:Single family home&R-1 required by the City of Fridley Zoning Code. E: Single family home&R-1 . A1l final grading and drainage plans will meet the S: Single family home&R-1 W:Shopping Center&C-3 approval of City Engineering staff prior to Comprehensive Plan Conformance: issuance of building permits. Use of property is consistent with Plan. x Zoning Ordinance Conformance: All four proposed lots exceed the City's minimum lot size standard. Zoning History: • 1939-Lot is originally platted. , 1999—Area platted into 4 lots. � Legal Description of Property:' Existing: Heather Hills North Proposed: Heather Hills North Plat II �w Council /60 Day Action: May 21, 2001 /May 29, 2001 Public Utilities: (View of Southeast portion of property) Located near property. Staff Report Prepared by: Paul Bolin 35 PS 01-02 ANALYSIS Petitioner is seeking to re-plat the Heather Hills North addition into five lots, in order to construct five single-family homes. The petitioner had originally platted the Heather Hills North property into four single-family home lots in 1999. The new plat, Heather Hills North Addition 11 simply gives the petitioner an opportunity to provide the City of Fridley with one more housing opportunity. Lacking vast expanses of vacant land, it is vital that the City maximize the use of sites in order to provide new home ownership opportunities in the City of Fridley. The home currently under construction by Kootenia Builders, will meet all setback requirements if the plat request is approved. RECOMMENDATIONS City Staff recommends approval of this preliminary plat request, with stipulations. Proposed lots exceed the size standards required by the City of Fridley Zoning Code. Fridley requires that lots in an R-1 district be a minimum of 75' in width with a minimum total lot area of 9,000 square feet. The proposed lots range in width from 76' to 184' and in area from 14,971 square feet to 26,578 square feet. STIPULATIONS Staff recommends that the following stipulations be attached to the preliminary plat approval. 1. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of building permits, in order to minimize impacts to the surrounding properties. 2. Petitioner shall provide easements as shown on preliminary plat drawing. 3. During construction, silt fencing shall be used where applicable. 4. Petitioner to pay required park dedication fees prior to issuance of building permits. 5. Petitioner to pay all water and sewer connection fees. 36 $N � pd pd ud Xa S c zs a Y yy�zae P 2 35 � Se IF- � A s n g AliUE 9ZE a �g 54 Ul til 1 IJ �i ate` $' \ q� I I'I - I e j4• =Eg£E 4d� m y g ,wrieorr 00'DLI ^ � I � B%rX{ {i;f" i � ,,.''•� r� I� /��D.sL p°y�SP` I h0 /tri ymI dd \ [x � S dd , : yep y , i 1 k yl, P,Z 1 fy L- - 2i3H1WaH I1'LI -pL 6 00 z_____ 149.78 L-________ I dal —T' -<! Y z 1 A ° 1�9 Z � D 66 DORI i N pi (C.S.A.H. NO. 35)CENTRAL AVE CITY OF FRIDLEY PLANNING COMMISSION MEETING, MAY 2, 2001 CALL TO ORDER: Chairperson Savage called the May 2, 2001, Planning Co ission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Diane Savage, Barbara Joh s, Dean Saba, Dave Kondrick, Leroy Oquist, Larry Kuechle Members Absent: Connie Modig Others Present: Paul Bolin, Planning oordinator Norm Schultz, 553 West Danube Road Lesia Zownirowy 5527 East Danube Road Pat Koethe, 550 West Danube Road Cory Lomen, 5 01 West Danube Road David Blank, 544 East Danube Road Ann Ulrich, 505 West Danube Road Jean Smit , 5584 East Danube Road Jan and an Steppe, 5528 West Danube Road Gayle P tenon, 5495 West Danube Road Karl Br itbarth, 5477 East Danube Road Rick Gretchen Schroeder, 5497 East Danube Road Patri is Freeburg, 5557 East Danube Road Ric Nye, 5477 East Danube Road S Williams, 5568 West Danube Road APPROVE THE APRI 18 2001 PLANNING COMMISSION MEETING MINUTES: MOTION by Mr. O ist, seconded by Mr. Kondrick, to approve the April 18, 2001, Planning Commission meeti g minutes as presented. UPON A VOIC OTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CA IED UNANIMOUSLY. 1. PUBLIC HEARING: Consideration of a Preliminary Plat, PS #01-02, by George Bateson, to allow five single family lots, generally located at Heather Place and Central Avenue: MOTION by Mr. Kondrick to open the public hearing. Seconded by Mr. Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARE`' MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:32 - Mr. Bolin stated that the petitioners are George and Anne Bateson and Denny Pietrini. The petitioners are seeking to replat the Heather Hills North Addition order to construct five single family homes. The petitioner had originally platter PLANNING COMMISSION MEETING, MAY 2, 2001 PAGE 2 Hills North property into four single family home lots in 1999. City Code required that lots in the R-1 District be a minimum of 75 feet in width with a minimum total lot area of 9,000 square feet. The proposed replat of this addition has lots ranging in width from 76 feet to 184 feet in width and an area from just under 15,000 square feet to over 26,000 square feet in size. The home that is currently under construction in this area by Kootenia Builders will meet all the setback requirements if the plat request is approved. Staff recommends approval with stipulations. Mr. Kondrick asked if any neighbors had any complaints. Mr. Bolin stated that only one neighboring property to the north needed clarification of the notice. The petitioner, George Bateson, stated that their mission is to develop Heather Hills North in a fashion consistent with the quality and character of Heather Hills. They are changing strategy only with five lots. Their commitment to the mission is demonstrated by the fact that they are committed to building a parade of homes for the fall. Ms. Savage asked if he had any problem with the stipulations. Mr. Bateson stated he did not have problems. The drainage plan, the lot line, and grading and has not changed, nor have the contours or the drainage. MOTION by Ms. Johns to close the public hearing. Seconded by Mr. Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:39 P.M. Mr. Kondrick stated that he has no problems with this. Ms. Savage and Ms. Johns also agreed. MOTION by Mr. Kuechle, seconded by Mr. Saba, to recommend approval of PS #01-02 with the following stipulations: 1. The grading and drainage plan shall be approved by the City's engineering staff prior to the issuance of building permits, in order to minimize impacts to the surrounding properties. 2. The petitioner shall provide easements as shown on preliminary plat drawing. 3. During construction, silt fencing shall be used where applicable. 4. The petitioner shall pay required park dedication fees prior to issuance of building permits. 5. The petitioner shall pay all water and sewer connection fees. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Bolin stated that this request will go to Council on May 21. AGENDA ITEM CITY COUNCIL MEETING OF MAY 219 2001 CfrY OF FRIDLEY Date: 5/14/01 To: William Burns, City Manager From:Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Bulthuis, Planner RE: Planning Commission action on PS #01-02 M-01-53 INTRODUCTION The Batesons and Petrinis are seeking to re-plat the Heather Hills North addition into five lots, in order to construct five single-family homes. The petitioners had originally platted the Heather Hills North property into four single-family home lots in 1999. PLANNING COMMISSION ACTION At the May 2, 2001, Planning Commission meeting, a public hearing was held for PS #01-02. Following a brief discussion, a motion was made to approve the preliminary plat. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council concur with the planning commission and grant approval of the preliminary plat, with stipulations as presented. 1. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of building permits, in order to minimize impacts to the surrounding properties. 2. Petitioner shall provide all easements as shown on preliminary plat drawing. 3. During construction, silt fencing shall be used where applicable. 4. Petitioner to pay required park dedication fees prior to issuance of building permits. 5. Petitioner to pay all water and sewer connection fees. 34 ri AGENDA ITEM CITY COUNCIL MEETING OF FFRi LEY MAY 219 2001 INFORMAL STATUS REPORTS ;o 42 The neighbors have also indicated that the petitioner's home may not meet the covenants filed with their subdivision. The City does not regulate or enforce covenants. Any violation or disputes over covenant requirements will need to be worked out between Mr. Harstad and the neighbors in court. The Planning Commission hearing is to determine whether or not the easement should be moved to center our pipe within it. The neighborhood is viewing the public hearing as their opportunity to prevent the City from issuing a building permit and to prevent Mr. Harstad from building. RECOMMENDATION FOR SAV#01-04 City Staff recommends approval of this request to vacate: The northeasterly 5 feet of the southwesterly 10 feet of Lot 5, Block 2, INNSBRUCK NORTH 2N-n ADDITION,Anoka County, Minnesota, except the northwesterly 40 feet and except the southeasterly 10' thereof. And to re-create the 20' easement by adding the following: A perpetual easement for drainage and utility purposes on, over,under, and across the southwesterly 5 feet of the northeasterly 10 feet of Lot 6, Block 2, INNSBRUCK NORTH 2ND ADDITION, Anoka County, Minnesota. STIPULATIONS City staff recommends the following stipulation be attached to the approval of this easement vacation request. 1. Petitioner shall not construct any buildings or other permanent improvements over the easement area. 41 SAV #01-04 THE REQUEST Mr. Harstad is seeking to vacate a five foot portion along the northerly edge of the existing utility easement, and then grant an additional five feet of utility easement to the southerly edge of the existing utility easement. ANALYSIS The existing storm sewer pipe is not centered within the current easement. The existing pipe sits only 3.5-5' from the southerly edge of the current easement. The granting of this easement vacation and re-creation will provide the room necessary for the City to excavate and repair the pipe, as needed. The City's Public Works Director has indicated that it is in the best of interest of the City to grant this partial easement vacation and re-creation of a 20' easement, in which the pipe would be centered (See attached memo). PROPERTY HISTORY/ NEIGHBORHOOD CONCERNS This property was platted in 1973 and the two lots comprising this property have remained vacant over the years. There is a designated wetland area along the western portion of the property, which collects area run-off and slows the water before it enters the storm pipe and continues to Farr Lake. In 1986, a permit was issued to do some fill work on this site. In 1994, a proposal was submitted to do extensive filling on the southerly lot and obtain variances for home construction. This was ultimately denied. During this variance and wetland replacement plan process, the neighborhood brought forth concerns of illegal dumping and filling on the site. It was determined by Peterson Environmental Consulting, that any fill placed on the site between 1989 and 1993, was placed over the portions filled in 1986 and had no further impact on the wetland area. After investigation by City Staff it was determined that the property could be built on, without impacting the wetland, if certain criteria were met. The criteria were spelled out in the attached letter, dated October 24, 1995, from Barb Dacy to Paul Harstad. In essence, to build on the property one must perform a hydrologic analysis identifying impacts to adjacent properties, complete soil borings and testing, combine the two lots into one tax parcel, and meet with surrounding owners to review the results of the study. Forrest Harstad has met all criteria, spelled out in this letter, for the issuance of a building permit. Neighborhood objections and/or denial of the easement vacation and re-creation will not stop Mr. Harstad from obtaining a building permit, provided the proposed home meets all building and zoning codes. Though the petitioner's right to a building permit is in no way related to this easement vacation request, staff has heard from nearly the entire neighborhood on this request. The neighbors have stated that they have enjoyed the scenic beauty of this undeveloped lot, viewing the ducks and other wildlife, and that they are concerned that a home constructed on the property will impact the wetland and possibly flood out their basements. The petitioner's hydrologist has indicated that this is not the case. 40 City of Fridley Land Use Application SAV-01-04 May 2, 2001 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Public Utilities: Forrest Harstad Water and sewer are available near the site. 2197 Silver Lake Rd. Transportation: New Brighton, MN 55112 East Danube provides vehicle access to the site. Requested Action: Physical Characteristics: Vacation&Re-creation of Utility Easement Area is currently a mix of trees&wetland. Purpose: SUMMARY OF PROJECT To vacate a five foot portion along the northerly Mr. Harstad is seeking to vacate a five foot portion edge of the existing utility easement,and then grant along the northerly edge of the existing utility an additional five feet of utility easement to the easement,and then grant an additional five feet of southerly edge of the existing utility easement. utility easement to the southerly edge of the existing Existing Zoning: utility easement. This will center the existing pipe R-1 Single Family Residential within the easement. Location: SUMMARY OF ANALYSIS 5490 East Danube City Staff recommends approval of this utility Size: easement vacation and re-creation. 24,812 square feet .57 acres A 20' easement is required for all drainage Existing Land Use: easements. The property currently contains a 20' Vacant. easement,but the existing storm pipe is not Surrounding Land Use&Zoning: centered in the easement. The vacation and N:Single Family&R-1 E:Single Family&R-1 recreation of this easement will provide the City S:Single Family&R-1 room necessary to more readily access the pipe for W:Single Family&R-1 maintenance. Comprehensive CITY COUNCIL ACTION/60 DAY DATE Plan Conformance: May 21, 2001 /May 29, 2001 Consistent with Plan ,. � �� ,,x, „ Zoning Ordinance Conformance: j . Section 211.07.21 requires drainage utility easements of 20'. Zoning History: • Lots are platted in 1973. • Variance&wetland replacement plan denied in 1994. • Criteria for building permit issuance in 1995. Legal Description of Property: Lots 5 & 6, Block 2, Innsbruck North 2"d Add. Staff Report Prepared by: Paul Bolin 39 AGENDA ITEM ri CITY COUNCIL MEETING OF MAY 21, 2001 My OF FRIDLEY Date: 5/14/01 To: William Burns, City Manager�� From:Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Bulthuis, Planner RE: Planning Commission action on SAV#01-04 M-01-54 INTRODUCTION Mr. Harstad is seeking to vacate a five foot portion along the northerly edge of the existing utility easement, and then grant an additional five feet of utility easement to the southerly edge of the existing utility easement, generally located at 5490 East Danube. PLANNING COMMISSION ACTION At the May 2, 2001, Planning Commission meeting, a public hearing was held for SAV#01-04. Following a lengthy public hearing, in which neighbors objected to Mr. Harstad building on his property, a motion was made to approve the utility easement vacation and re-creation. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council concur with the Planning Commission and grant approval of the proposed utility vacation and re-creation, with the stipulation presented. 1. Petitioner shall not construct any buildings or other permanent improvements over the easement area. 37 RESOLUTION NO. ____------ RESOLUTION TO VACATE A 5' PORTION OF AN EXISTING UTILITY EASEMENT AND THEN RE-CREATE A 20' UTILITY EASEMENT ON LOTS 5 & 6, BLOCK 2, INNSBRUCK NORTH 2ND ADDITION, GENERALLY LOCATED AT 5490 EAST DANUBE. WHEREAS, The City Council approved the utility vacation and re-creation request, SAV#01-04, for LOTS 5 & 6, BLOCK 2, INNSBRUCK NORTH 2ND ADDITION at the May 21, 2001 meeting; and WHEREAS, The storm drainage pipe is not centered in the current easement; and WHEREAS, This vacation and re-creation of the easement will center said drainage pipe within the easement area; and WHEREAS, The centering of said drainage pipe within the easement provides the room necessary to repair pipe as needed. NOW, THEREFORE, BE IT RESOLVED that the City of Fridley vacate the northeasterly 5 feet of the southwesterly 10 feet of Lot 5, Block 2, INNSBRUCK NORTH 2ND ADDITION, Anoka County, Minnesota, except the northwesterly 40 feet and except the southeasterly 10' thereof. BE IT FURTHER RESOLVED that the property owner re-create a 20' easement by combining the remaining 15' of the existing easement with the granting of a perpetual easement for drainage and utility purposes on, over, under, and across the southwesterly 5 feet of the northeasterly 10 feet of Lot 6, Block 2, INNSBRUCK NORTH 2ND ADDITION, Anoka County, Minnesota. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 21St DAY OF MAY, 2001. ------------------------------ SCOTT LUND - MAYOR ATTEST: --------------------------------- DEBRA A. SKOGEN - CITY CLERK 38 AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 13, 200 CIFFY OF FRIDLEY DATE: August 6, 2001 TO: William W. Burns, City Manager FROM: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator RE: Final Plat,PS-01-02, George Bateson M-01-115 INTRODUCTION On May 2, 2001,the Planning Commission considered plat request PS-01-02,by George Bateson. Mr. Bateson intends to subdivide the property located at 6217 Central Avenue into 5 lots. Staff and the Planning Commission recommend approval of PS-01-02, with five stipulations. At the May 21, 2001, City Council meeting, the preliminary plat was approved. SUMMARY OF REQUEST Fridley requires that lots in the R-1 district be a minimum of 75' in width with a minimum total lot area of 9,000 square feet. The proposed lots exceed all City Code size requirements. RECOMMENDATION Staff and the Planning Commission recommend approval of PS-01-02,with the five stipulations listed below. 1. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of building permits, in order to minimize impacts to the surrounding properties. 2. Petitioner shall provide a easements as shown on preliminary plat drawing. 3. During construction, silt fencing shall be used where applicable. 4. Petitioner to pay required park dedication fees prior to issuance of building permits. 5. Petitioner to pay all water and sewer connection fees. 21 IFAGENDAITEM CITY COUNCIL MEETING OF SEPTEMBER 17, 2001 aTY OF FRIDLEY DATE: September 10, 2000 TO: William W. Burns, City Manager �m FROM: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Bulthuis, Planner SUBJECT: Development Agreement for the Heather Hills North II Plat M-01-134 INTRODUCTION On May 2, 2001 , the Planning Commission considered plat request PS #01-02, by George Bateson. Mr. Bateson replatted the property located at Heather Place and Central Avenue into 5 single-family lots to be known as Heather Hills North II Plat. City Staff and the Planning Commission recommended approval of PS #01-02. At the May 21 , 2001, City Council meeting, the preliminary plat was approved. Final plat approval was granted on August 13, 2001. To be consistent in the plat process, staff has prepared a development agreement for the Heather Hills North II Plat. The development agreement has been attached for your review and approval. RECOMMENDATION Staff recommends approval of the enclosed development agreement as submitted. 12 FRIDLEY CITY COUNCIL MEETING OF MAY 21,2001 PAGE 5 OPEN FORUM: Mr. Bob Foley, Fridley Miniatur Golf owner, stated that he and his wife have owned their business in Fridley for almost o year. They are very glad they opened their business in Fridley and especially appreciate all/Mr.Mr. Hickok's guidance and the City staff s assistance in making their dream come true. M . Hickok was professional, courteous, and went out of his way to help them blend their busines in the community. NEW BUSINESS: 9. PRELIMINARY PLAT REQUEST, PS #01-02, BY GEORGE BATESON, TO _ALLOW FIVE SINGLE FAMILY LOTS, GENERALLY LOCATED AT HEATHER PLACE AND CENTRAL AVENUE (WARD 2): Mr. Bolin, Planning Coordinator, stated that the petitioners on this request are George and Ann Bateson and Dennis and Mary Pietrini. They are seeking to replat the Heather Hills North Addition into five lots to construct five single-family homes. They had originally platted the Heather Hills North property into four single-family homes lots in 1999. Fridley code does require that lots in the R-1 district be 75 feet in width with a minimum lot area of 9,000 square feet. The lots proposed range in width from 76 feet to 184 feet and in area of under 15,000 to over 26,000 square feet in size. The home currently under construction by Kootenia Builders will still meet all the setback requirements if this plat is approved. A public hearing was held before the Planning Commission on May 2, and the request was approved with stipulations. Staff recommended approval with five stipulations because it meets size requirements and provides additional home opportunities in Fridley. Councilmember Wolfe asked if the sewer line was in for the five lots. Mr. Haukaas, Public Works Director, indicated that it was. Councilmember Barnette asked if the parcels were combined with Lot No. 5. Mr. Bolin stated that it has been combined with them. Councilmember Bolkcom asked if all the sewer and water mains would be in before the final plat is approved. Mr. Bolin stated that a letter of intent has been provided by Mr. Bateson indicating that he will agree to install those as needed and determined. Councilmember Bolkcom asked if the final plat would be approved. Mr. Haukaas stated that is what staff recommended. Councilmember Billings asked if the home being built will meet all the setbacks and if the lot has been sold. FRIDLEY CITY COUNCIL MEETING OF MAY 21,2001 PAGE 6 Mr. Bolin stated that it would meet the setbacks and Mr. Bateson can answer the question of who the owner of the lot is. Mr. George Bateson, 6196 Heather Place N.E., one of the petitioners, stated that Lot 2 was sold to Kootenia Builders so they could commence building the home because it will be in the Parade of Homes in August. There are legal agreements for when the plat is approved that the deeds are worked out such that they get some of Lot 1, and they give up some of Lot 2 to form Lot 3. Councilmember Billings stated that in a replatting, all of the underlying fee owners should become applicants so that each of the fee owners sign off on the plat indicating that they agree to the replatting. Mr. Bateson stated that the original request for the replat was signed by the President of Kootenia Builders and also the preliminary plat would have Kootenia Builders on the document. Councilmember Billings stated that Kootenia Builders is a co-applicant and they will be signing the plat. Mr. Bateson stated that they are signing the plat and have signed the original loan application. The liabilities of the construction site resulted in them signing for the purchase of Lot 2. This is under the legal advice of their attorneys and they are asking for Council's support. They will build a home to be proud of. He said he is not a seasoned developer, and Mr. Hickok really helped with the whole process and represents the City in an outstanding fashion. MOTION by Councilmember Wolfe to approve Preliminary Plat Request, PS #01-02 with the following five stipulations: 1. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of building permits, in order to minimize impacts to the surrounding properties. 2. Petitioner shall provide all easements as shown on preliminary plat drawing. 3. During construction, silt fencing shall be used where applicable. 4. Petitioner to pay required park dedication fees prior to issuance of building permits. 5. Petitioner to pay all water and sewer connection fees. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF AUGUST 13,2001 PAGE 3 3. RESOLUTION NO. 36-2001 O VACATE EASEMENTS FOUND ON THE ORIGINAL HEATHER ffILLS ADDITION AND RECREATE THE EASEMENTS ON THE REATHER HILLS NORTH 2 PLAT, GENERALLY LOCATED AT 6201 - 6209/HEATHER PLACE N.E.: Mr. Burns, City Manage stated that this is a matter of vacating the easements for a four- lot plat and establishi them for the newly defined five-lot plat. Staff recommended Council's approval. ADOPTED RES LUTION 36-2001. 4. RESOLUTION NO. 37-2001 APPROVING A PLAT, P.S. #01-02, (HEATHER HILLS NORTH PLAT 2), BY GEORGE BATESON, TO REPLAT PROPERTY FOR THE PURPOSE OF CREATING LOTS TO ALLOW CONSTRUCTION OF NEW SINGLE FAMILY HOMES, GENERALLY LOCATED AT 6217 CENTRAL AVENUE N.E. (WARD 2): Mr. Burns, City Manager, stated that the preliminary plat was approved in May. Staff recommended Council's approval with five stipulations. ADOPTED RESOLUTION NO. 37-2001 WITH THE FOLLOWING STIPULATIONS: 1. GRADING AND DRAINAGE PLAN TO BE APPROVED BY CITY'S ENGINEERING STAFF PRIOR TO THE ISSUANCE OF BUILDING PERMITS, IN ORDER TO MINIMIZE IMPACTS TO THE SURROUNDING PROPERTIES; 2. PETITIONER SHALL PROVIDE EASEMENTS AS SHOWN ON PRELIMINARY PLAT DRAWING; 3. DURING CONSTRUCTION, SILT FENCING SHALL BE USED WHERE APPLICABLE; 4. PETITIONER TO PAY REQUIRED PARK DEDICATION FEES PRIOR TO ISSUANCE OF BUILDING PERMITS; AND 5. PETITIONER TO PAY ALL WATER AND SEWER CONNECTION FEES. 5. SPECIAL USE PERMI REQUEST, SP #01-06, BY DWAYNE AND DON MYRVOLD, FOR A SE ND ACCESSORY STRUCTURE GARAGE FOR THE PURPOSE OF VE CLE PARKING AND STORAGE, GENERALLY LOCATED AT 554 JANESVI E STREET N.E. ARD 3): Mr. Burns, City Manager, stated tha he petitioners are seeking a special use permit to construct a 864 square foot accessory ilding. Staff recommended Council's approval with seven stipulations. APPROVED SPECIAL USE PERMIT, SP 1-06 WITH THE FOLLOWING STIPULATIONS: 1. PETITIONER SHALL INS L CODE-REQUIRED HARD SURFACE DRIVEWAY WITHIN 12 MONTH OF ISSUANCE OF THE BUILDING PERMIT; 2. ALL NECESSARY PERMI SHALL BE OBTAINED FROM THE CITY PRIOR TO CONSTRUCTION; 3. T STRUCTURE SHALL NOT BE USED FOR A HOME OCCUPATION; 4. ALL HICLES SHALL BE FRIDLEY CITY COUNCIL MEETING OF AUGUST 13,2001 PAGE 4 STORED ON A HARD SURFACE AS APPROVED BY THE CITY; 5. TOTAL SQUARE FOOTAGE OF ALL ACCESSORY STR;AR MUST NOT EXCEED 1,400 SQUARE FEET; 6. GARAGE SHALL BTECTURALLY COMPATIBLE WITH EXISTING HOME ANDD WITH A COMPLEMENTARY SIDING AND COLOR SCHEME; ARAGE TO BE MOVED BACK A MINIMUM OF 20 FEET IN ORDEN LINE WITH THE EXISTING HOME AND 55 FEET BACK FROM T 6. SPECIAL USE PERMIT REQUEST, SP #01-079 Y BOB AND FRANKIE FETROW, FOR A SECOND ACCESSORY STRUC URE GARAGE FOR THE PURPOSE OF STORAGE, GENERALLY LOCAT D AT 7061 HICKORY DRIVE N.E. Mr. Burns, City Manager, stated that Mr. and s. Fetrow are seeking a special use permit for building an 864 square foot accessory uilding. Staff recommended Council's approval with six stipulations. APPROVED SPECIAL USE PERMIT, P #01-07 WITH THE FOLLOWING STIPULATIONS: 1. STAFF SHALL C DUCT REGULAR INSPECTIONS OF THE SITE. IF, AT ANY TIME, A T IL SIMULATING A DRIVEWAY IS PRESENT, A HARD SURFACE DRI V WAY , AS APPROVED BY THE CITY, WILL NEED TO BE INSTALLED ITHIN 90 DAYS; 3. THE STRUCTURE SHALL NOT BE USED FOR A H E OCCUPATION OR LIVING AREA; 4. ALL VEHICLES SHALL BE STO D ON A HARD SURFACE AS APPROVED BY THE CITY; 5. TOTAL S ARE FOOTAGE OF ALL ACCESSORY STRUCTURES MUST NOT E CEED 19400 SQUARE FEET; 6. GARAGE SHALL BE ARCHITECTU Y COMPATIBLE WITH EXISTING HOME AND FINISHED WITH SAME S DING AND COLOR SCHEME. 7. SPECIAL USE PERMIT RE EST, SP #01-08, BY RAY HATCHETT, FOR A SECOND ACCESSORY ST UCTURE GARAGE FOR THE PURPOSE OF VEHICLE PARKING AND STORAGE, GENERALLY LOCATED AT 1313 HILLWIND ROAD N.E. RD 1 Mr. Burns, City Manager, s ated that Mr. Hatchett wants to build a 780 square foot accessory building. Staff rec mmended Council's approval with seven stipulations. APPROVED SPECIAL SE PERMIT, SP #01-08, WITH THE FOLLOWING STIPULATIONS: 1. PE ITIONER SHALL INSTALL CODE REQUIRED HARD SURFACE DRIVEWA WITHIN TWELVE MONTHS OF ISSUANCE OF THE BUILDING PERMIT; 2. PETITIONER SHALL OBTAIN ALL NECESSARY PERMITS PRIOR TO ONSTRUCTION; 3. THE STRUCTURE SHALL NOT BE USED FOR A HOM OCCUPATION OR LIVING AREA; 4. ALL VEHICLES SHALL BE SOTRED N A HARD SURFACE AS APPROVED BY THE CITY; 5. TOTAL SQUARE F OTAGE OF ALL ACCESSORY STRUCTURES MUST NOT EXCEED ,400 SQUARE FEET; 6. GARAGE SHALL BE FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 17, 2001 PAGE 3 2. SPECIAL USE PERMIT REQUEST SP #01-09, BY VIRGIL OKESON, TO ALLOW A SECOND ACCESSOR STRUCTURE (GARAGE), GENERALLY LOCATED AT 1423 - 64 AVENU N.E. WARD 2): Mr. Burns, City Manager, stated t t this would allow the construction of a 672 square foot accessory structure to be use for storage of boats, trailers, and lawn equipment. The Planning Commission approve it at their September 5 meeting. Staff recommended Council's approval. APPROVED SPECIAL SE PERMIT REQUEST, SP 901-09, BY VIRGIL OKESON, WITH THE OLLOWING SIX STIPULATIONS: 1. STAFF SHALL CONDUCT REGULA INSPECTIONS OF THE SITE. IF, AT ANY TIME, A TRAIL SIMULATIN A DRIVEWAY IS PRESENT, A HARD SURFACE DRIVEWAY AS AP OVED BY THE CITY WILL NEED TO BE INSTALLED WITHIN 90 DAY . 2. PETITIONER SHALL OBTAIN ALL NECESSARY PERMITS PRIO O CONSTRUCTION. 3. THE STRUCTURE SHALL NOT BE USED FOR A HOME OCCUPATION OR LIVING AREA. 4. ALL VEHICLES SH LL BE STORED ON A HARD SURFACE AS APPROVED BY THE CITY. 5. TOTAL SQUARE FOOTAGE OF ALL ACCESSORY STRUCTU MUST NOT EXCEED 1,400 SQUARE FEET. 6. GARAGE SHALL BE ARCHITECTURALLY COMPATIBLE WITH EXISTING HOME AND FINIS ED WITH A COMPLEMENTARY SIDE AND COLOR SCHEME. 3. APPROVE A DEVELOPMENT AGREEMENT FOR A FINAL PLAT, PS #01-02, BY GEORGE BATESON, TO ALLOW FIVE SINGLE FAMILY LOTS, GENERALLY LOCATED AT HEATHER PLACE AND CENTRAL AVENUE N.E. (WARD 2): Mr. Burns, City Manager, stated that is a five-plot plat in the Heather Hills North II Plat. The final plat was approved by Council on August 13. Staff recommended Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA FOR FURTHER DISCUSSION. 4. RESOLUTION NO. 4 -2001 DIRECTING PREPARATION OF THE ASSESSMENT ROLL FO THE 2001 NUISANCE ABATEMENT: Mr. Burns, City Manager, sta d that this is for costs associated with the Nuisance Abatement Project for 2001. Th re was one assessment at between $300 to $400. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 48 001. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 17, 2001 PAGE 4 5. RESOLUTION NO. 49-2001 DIRECTING PUBLICATION OF HEARING ON THE PROPOSED ASSESSMENT ROLL FOR THE 2001 NUISANCE ABATEM NT: Mr. Burns, ity Manager, stated that the hearing notice will be in the September 27 issue of the Focu News. Staff recommended Council's approval. ADOPTE RESOLUTION N0. 49-2001. 6. RESOLUT ON 50-2001 DECLARING COSTS TO BE ASSESSED AND ORDERIN PREPARATION OF PROPOSED ASSESSMENT FOR THE STINSON OOULEVARD STREET IMPROVEMENT PROJECT NO. ST. 2001 -2: Mr. Burns, ity Manager, stated that the total project cost is about $40,000. It will be assessed aga nst benefited property owners at the rate of$9,600 each. The assessments shall be exte ded over a period of ten years. The first installment will be due the first Monday in J uary, 2002. Staff recommended Council's approval. ADOPTED SOLUTION NO. 50-2001. 7. RESOLUTIO NO. 51-2001 DIRECTING PUBLICATION OF THE HEARING ON THE P OPOSED ASSESSMENT FOR THE STINSON BOULEVARD STREET IMP OVEMENT PROJECT NO. ST. 2001 - 2: Mr. Burns state that the public hearing is scheduled for publication in the Focus News on September 2 Staff recommended Council's approval. ADOPTED RES LUTION NO. 51-2001. 8. CLAIMS: APPROVED PA ENT OF CLAIM NOS. 101506 - 101665. 9. LICENSES: APPROVED ALL L CENSES AS SUBMITTED. ADOPTION OF AGENDA: MOTION by Councilmember illings to adopt the Agenda with the addition Item 3 from the consent agenda. Seconded by C ncilmember Bolkcom. UPON A VOICE VOTE, A VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIM USLY. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 17, 2001 PAGE 5 OPEN FORUM, VI ITORS: No persons in th. audience spoke. NEW BUSINESS: 3. APPROVE A DEVELOPMENT AGREEMENT FOR A FINAL PLAT, PS #01-02, BY GEORGE BATESON, TO ALLOW FIVE SINGLE FAMILY LOTS, GENERALLY LOCATED AT HEATHER PLACE AND CENTRAL AVENUE N.E. (WARD 2): Councilmember Billings asked if it was a stipulation that the development agreement be executed. Mr. Hickok, Community Development Director, stated that there was not a stipulation on the plat, however, the developer was aware that a development agreement would be prepared and would be on this agenda. Councilmember Billings asked if it was changing anything on the stipulations because he understood that the development agreement had already been approved by the City Council. Mr. Hickok stated that was correct. Staff was working on development agreements for two developments at the time the final plat came before Council. We had constant communication with the developer and he was aware that the development agreement would be forthcoming and that it agreement would have to go to the County for the final recording. He has reviewed it, agreed to all the stipulations and terms, and signed it. MOTION by Councilmember Billings to approve a development agreement for a Final Plat, PS #01-02, by George Bateson. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS: 10. CONSIDERATION OF ORDINANCE ON RECREATIONAL VEHICLE PARKING: MOTION by Councilmember Barnette \THEBLI(C blic hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTINLUND DECLARED THE MOTION CARRIED UNANIMOUSLY, AHEARING WAS OPENED AT 8:12 P.M. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 17, 2001 PAGE 6 Mr. Hickok, C t munity Development Director, stated that this item is to consider storage of boats, campers, d trailers. Systematic code enforcement in 1998 revealed that a number of property owners ere storing utility trailers, camper trailers, and boats in their front yards and on their driveways. s a result of those discoveries, it led to discussion and ultimately to survey questions. Two va 'ance requests by residents in 1999 asked to be able to park travel trailers in the driveway in th front of their home. They were both denied. A survey of surrounding communities finds hat Fridley's ordinance falls in the middle of what is allowed in other communities. Ando er requires parking on a hard surface in a building or off-site. Non- motorized vehicles m st be parked on a hard surface, grass only on rear yard not visible from the public right-of-way, it must be parked ten feet back from any property line. The recreational vehicles must be less t 10 feet in length to be kept on a residential property. Blaine requires parking on a hard surfa e and must be three feet back from the property lines. You can be parked on the grass or gr vel in the side or rear yard. Brooklyn Park requires parking on a hard surface which must be fiv feet back from property lines. Columbia Heights requires parking on a hard surface with no spe 'fications as to where. Coon Rapids requires hard surface parking on the side, front or rear yard. rystal has no specification on what type of surface to be parked on but you can park on the side r rear yard and must be no closer than ten feet from neighboring dwellings. Ramsey requires h rd surface parking on the driveway, side, or rear yard. Shoreview requires hard surface parking o the driveway, front, side, or rear yard, 30 feet back from front property line and 5 feet from t e side property line, and 10 feet from the rear property line. Spring Lake Park has no specifi tions as to what type of surface. Parking is permitted in the front and side yard, but must be fi feet from any side property line. Councilmember Billings asked if the was an overall recap of the cities in general. Mr. Hickok stated that there were di f rent requirements found in the cities, and that the many ordinances were not being enforced. Mr. Burns asked if all the other comm nities allow non-motorized camper trailers on the driveway. Mr. Hickok stated that they do, and Fridley as unique in not allowing them. Fridley allows current outdoor storage in the side and rear ya for non-motorized boats, trailers, and campers. Motorized RVs are required to be parked on a pa ed surface. Staff recommended that in order to ensure enforcement, we select an option. Option 1 would be to leave the ordinance as it is or repeal the existing language and allow outdoor stor e in front yards. Additional language could be added to the existing code that would prohibit nt yard parking of RVs. Option 2 allows outdoor storage in all portions of the yards in residents 1 districts. A motorized vehicle would be permitted on the driveway. In Option 3, language would be added that would state that motorhomes on driveways or in front yards would be prohibited. It combines the existing language for side and rear parking and would put the mo r home behind the house on a paved surface or off-site storage. Councilmember Wolfe stated that he is glad the front yard/dr eway issue has been cleared up. Many people do not mind the driveway placement versus plac ment on the grass in the front yard. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 17, 2001 PAGE 5 OPEN FORUM, VISITORS: No persons in the udience spoke. NEW BUSINESS: 3. APPROVE A DEVELOPMENT AGREEMENT FOR A FINAL PLAT, PS #01-02, BY GEORGE BATESON, TO ALLOW FIVE SINGLE FAMILY LOTS, GENERALLY LOCATED AT HEATHER PLACE AND CENTRAL AVENUE N.E. (WARD 2): Councilmember Billings asked if it was a stipulation that the development agreement be executed. Mr. Hickok, Community Development Director, stated that there was not a stipulation on the plat, however, the developer was aware that a development agreement would be prepared and would be on this agenda. Councilmember Billings asked if it was changing anything on the stipulations because he understood that the development agreement had already been approved by the City Council. Mr. Hickok stated that was correct. Staff was working on development agreements for two developments at the time the final plat came before Council. We had constant communication with the developer and he was aware that the development agreement would be forthcoming and that it agreement would have to go to the County for the final recording. He has reviewed it, agreed to all the stipulations and terms, and signed it. MOTION by Councilmember Billings to approve a development agreement for a Final Plat, PS #01-02, by George Bateson. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS: 10. CONSIDERATION OF ORDINANCE ON RECREATIONAL VEHICLE PARKING: MOTION by Councilmember Barnette to o the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MA OR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY, AND THE PUBL C HEARING WAS OPENED AT 8:12 P.M. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 17, 2001 PAGE 6 Mr. Hickok, Community Development Director, stated that this item, is to consider storage of boats, campers, and trailers. Systematic code enforcement in 19981//revealed that a number of property owners were storing utility trailers, camper trailers, and boats in their front yards and on their driveways. As a result of those discoveries, it led to discussion and ultimately to survey questions. Two variance requests by residents in 1999 asked to be able to park travel trailers in the driveway in the front of their home. They were both denied. A survey of surrounding communities finds that Fridley's ordinance falls in the middle of what is allowed in other communities. Andover requires parking on a hard surface in a building or off-site. Non- motorized vehicles must be parked on a hard surface, grass oZ on rear yard not visible from the public right-of-way, and it must be parked ten feet back fror any property line. The recreational vehicles must be less than 20 feet in length to be kept onresidential property. Blaine requires parking on a hard surface and must be three feet back rom the property lines. You can be parked on the grass or gravel in the side or rear yard. B ooklyn Park requires parking on a hard surface which must be five feet back from property lin s. Columbia Heights requires parking on a hard surface with no specifications as to where. Co Rapids requires hard surface parking on the side, front or rear yard. Crystal has no specificat' n on what type of surface to be parked on but you can park on the side or rear yard and must a no closer than ten feet from neighboring dwellings. Ramsey requires hard surface parking the driveway, side, or rear yard. Shoreview requires hard surface parking on the driveway, fr nt, side, or rear yard, 30 feet back from front property line and 5 feet from the side property line, and 10 feet from the rear property line. Spring Lake Park has no specifications as to at type of surface. Parking is permitted in the front and side yard, but must be five feet from y side property line. Councilmember Billings asked if there was a overall recap of the cities in general. Mr. Hickok stated that there were differen requirements found in the cities, and that the many ordinances were not being enforced. Mr. Burns asked if all the other co unities allow non-motorized camper trailers on the driveway. Mr. Hickok stated that they do, and ridley was unique in not allowing them. Fridley allows current outdoor storage in the side d rear yard for non-motorized boats, trailers, and campers. Motorized RVs are required to be pa ed on a paved surface. Staff recommended that in order to ensure enforcement, we select an o tion. Option 1 would be to leave the ordinance as it is or repeal the existing language and all w outdoor storage in front yards. Additional language could be added to the existing code tha would prohibit front yard parking of RVs. Option 2 allows outdoor storage in all portions of e yards in residential districts. A motorized vehicle would be permitted on the driveway. I Option 3, language would be added that would state that motorhomes on driveways or i front yards would be prohibited. It combines the existing language for side and rear park' g and would put the motor home behind the house on a paved surface or off-site storage. Councilmember Wolfe stated at he is glad the front yard/driveway issue has been cleared up. Many people do not mind th driveway placement versus placement on the grass in the front yard. CIW OF F14DLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE.N.E.FRIDLEY,MN 55432•(763)571-3450•FAX(763)571-1287 CITY COUNCIL ACTION TAKEN NOTICE May 23, 2001 George & Ann Bateson 6196 Heather Place NE Fridley, MN 55432 Dennis & Mary Pietrini 6177 Heather Circle Fridley, MN 55432 Dear Mr. & Mrs. Bateson & Mr. & Mrs. Pietrini: On Monday, May 21, 2001, the Fridley City Council officially approved your request for a Preliminary Plat, PS #01-02, to accommodate five single family homes, legally described as Lots 1 A, 1 B, 2A, 3A, 3B, 4A, and 46, Heather Hills North, Anoka County, Minnesota, generally located at 6217 Central Avenue. Approval of this Preliminary Plat is contingent upon the following stipulations: 1. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of building permits, in order to minimize impacts to the surrounding properties. 2. Petitioner shall provide easements as shown on preliminary plat drawing. 3. During construction, silt fencing shall be used where applicable. 4. Petitioner to pay required park dedication fees prior to issuance of building permits. 5. Petitioner to pay all water and sewer connection fees. The Council action described above is only to approve the preliminary plat. You must have an approved final plat prior to recording at Anoka County. When the final plat has been prepared by your surveyor, a copy of the plat should be sent to the Anoka County's Surveyor's office for review. Once that review is completed, please submit three full size copies of the final plat to the Community Development Department. The Community Development staff will contact you as to which council meeting the item will be scheduled for consideration (it will be placed under the "consent agenda"). After Council action on the final plat, the mylars of the plat must be submitted to the City for signature by the Mayor and City Clerk. Once signed, the plat is ready for recording at Anoka County. The final plat must be submitted for action within six months of approval of the preliminary plat. Action Taken Letter- Bateson & Pietrini Plat-PS #01-02 Page 2 May 23, 2001 If you have any questions regarding the above action, please call me at 763-572-3590. n Sinc y, tSc tt Hickok mmunity Development Director SH/jt _ cc: MAO& # Address File Assessing Dept. GIS Dept. Special Assessing-Sharon Mary Hintz Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by June 4, 2001. Concur with action taken. C-01-71 CI-IYOF FRIDLEY FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55.132 • (763)571-3450•FAX(763)571-1287 CITY COUNCIL ACTION TAKEN NOTICE August 16, 2001 George & Ann Bateson 6196 Heather Place NE Fridley, MN 55432 Dennis & Mary Pietrini 6177 Heather Circle Fridley, MN 55432 Dear Mr. & Mrs. Bateson & Dennis & Mary Pietrini: On Monday, August 13, 2001, the Fridley City Council officially approved your request for a Final Plat, PS #01-02, Resolution #37-2001, to subdivide the property into five single family lots, generally located at 6217 Central Avenue. Approval of this Final Plat is contingent upon the following stipulations: 1. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of building permits, in order to minimize impacts to the surrounding properties. 2. Petitioner shall provide a easements as shown on preliminary plat drawing. 3. During construction, silt fencing shall be used where applicable. 4. Petitioner to pay required park dedication fees prior to issuance of building permits. 5. Petitioner to pay all water and sewer connection fees. Also, on Monday, August 13, 2001, the Fridley City Council officially approved your request for a Vacation, SAV #01-06, Resolution #36-2001, for drainage and utility easements to be vacated in the plat of HEATHER HILLS NORTH, generally located at 6201, 6203, 6205, 6207, and 6209 Heather Place. If you have any questions regarding the above action, please call me at 763-572-3590. Sinc ely, k)77 S t Hickok- lC ' munity Development Director SH/jt f ' Action Taken Letter-Bateson & Pietrini Page 2 August 16, 2001 cc: Plat File Address File Assessing Dept. GIS Dept. Special Assessing-Sharon Mary Hintz Please review the above, sign the statement below and re one copy ity of Fridley, Planning Department by August 27, 2001. oncur ction en. C-01-110 THIS PAGE IS NOT PART OF THE ORIGINAL DOCUMENT i PRESENTED FOR RECORDING Added by Anoka County Recorder for posting only. Post to Abstract Document Number Ito 51(v4 PIN Rance thrcuch 2. 3�1 Q � ��ot 010 thrcuch 3. nott I thrcuah thrcuch Jr. 1 M� I thrcuch 3 ' 0 9A`1' U thrcuch ;)Athrcugh thrcuch S• i thrcuch • thrcuch 1 1 • thrcuch 12• thrcuch 13. I thrcuch 14. rcucr, STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS SUBDIVISION (PLAT OR LOT SPLIT) COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Development Agreement for Final Plat, PS #01-02 Owner: George F. Bateson, Ann L. Bateson, Dennis Pietrini, Mary Pietrini, and Kootenia Homes The above entitled matter came before the City Council of the City of Fridley and was heard on the 17`h day of September, 2001, on a petition for a subdivision pursuant to the City of Fridley's Zoning Ordinance, for the following described property: Approve a development agreement for a final plat, PS #01-02, to allow five single family lots, legally described as Lots 1A, 1B, 2A, 2B, 3A, 3B, 4A, and 4B, Heather Hills North, Anoka County, Minnesota, generally located at Heather Place and Central Avenue. IT IS ORDERED that a subdivision be granted as upon the following conditions or reasons: See Development Agreement, and City Council minutes of the September 171h'Council meeting. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and order granting a subdivision with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the day of C�cf�b�.� 12001. DRAFTED BY: City of Fridley 6431 University Avenue N.E. t Fridley, MN 55432 Debra A. Skogen, City C#rk jl ' i ' ABSTRACT Receipt ❑ Certified Copy {� Date Mailed Date/Time, 't / ❑ Tax Liens/ eases Doc.Order of ❑ Multi o Doc Tax Pd ✓by. Pins: Recordability/Delgs: Transfer ❑ New Desc. Filing Fees: ❑ Division ❑ GAC Well Certificate tatus ❑ Def.Spec Received this Dat . Anoka C my Recorder ❑ Other Change Note . DEVELOPMENT AGREEMENT THIS AGREEMENT, made this 17th day of September, 2001, between the City of Fridley, acting through its Mayor and City Manager (hereinafter called the "City"), and George F. Bateson, Ann L. Bateson, Dennis Pietrini, and Mary Pietrini, (hereinafter called the "Developer"). WHEREAS, The Developer have made application to the City Council for the approval of a plat of land within the corporate limits of the City described as follows: Heather Hills North Plat II WHEREAS, the City Council, by resolution # 36-2001, adopted August 13, 2001 , granted Developer's plat request for a portion of the property to allow it to construct five single family homes on the subdivision on the condition that the subdivision is developed according to the utility plan, dated, July 9, 2001, and in accordance with stipulations of approval incorporated herein by reference (See attached Exhibit A). NOW, THEREFORE, in consideration of the foregoing, it is hereby agreed as follows: 1. Improvements. Improvements shall include, but not be limited to the following: • Concrete curb and gutter repair at driveway aprons Approved site grading and drainage plans • Underground utilities for the five new homes ♦ Setting of lot and block monuments Surveying and staking • Temporary tree protection devices The improvements shall be installed in accordance with City standards, ordinances, City Council prescribed stipulations as evidenced as conditions in any resolution accepting this agreement and any related plat, and technical specifications. The Preliminary site grading, construction of underground utilities, including main line sewer, water and sewer services; and full street restoration shall be completed prior to sale of any lots and prior to issuance of any building permits. The Developer agrees that it will not sell any lot, parcel or whole or partial portion of the Subdivision, nor sell, rent, or cause to be occupied, any house, other building or structure constructed on the development or within the development until the City has approved and the Developer has completed the construction of the improvements covered by this Development Agreement, the applicable building codes, and other applicable government regulations and has issued a Certificate of Occupancy, unless the City has agreed in writing to waive this requirement as to a specific lot or premises. issued a Certificate of Occupancy, unless the City has agreed in writing to waive this requirement as to a specific lot or premises. The Developer shall follow all instructions received from the City's inspectors. The Developer shall schedule a pre-construction meeting at a mutually agreeable time at the City Hall with all parties concerned, including the City Staff, to review the program for the construction of each home. 2. Water and Sewer A water and sewer lateral fee assessment will be applied to each lot. (A) The Developer shall construct a sanitary sewer main line extension and stub water and sewer services to lots #1A, #3A, #4A and #5A as shown on the Heather Hills North Plat II Utility Plan, dated 7/09/01. These water and sewer services shall be inspected and must meet all City standards. If necessary, the City (at the developer's expense) will patch the street to City's specifications following the installation of water and sewer services, the Developer must have the any street cuts approved by the Public Works Department of the City. 3. Grading, Erosion Control, and Tree Preservation Plans. Prior to obtaining building permits, the Developer shall submit a grading and drainage, erosion control, and tree preservation plan which shall clearly show for each lot: (A) The grading limits for the construction of the new home. (B) All areas disturbed by the excavation and backfill operations shall be re-sodded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan. If the Developer, future owner, its contractors, or subcontractors does not comply with the erosion control plan and schedule or supplementary instructions received from the City and the Anoka County Soil and Water Conservation District, or the Six Cities Watershed Management Organization, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer, future owner, contractors, or subcontractors in advance of any proposed action, but failure of the City to do so will not affect the City's rights or obligations hereunder. (C)The location of warning signage (tree protection ribbon) that will be placed around the perimeter of the construction limits protecting all significant trees outside the construction limits. (D)The location of any significant trees to be saved inside the construction limits. Any significant trees to be saved shall have fencing around them, which shall extend wherever possible to the tree drip line. No construction or grading work shall commence until the City staff has field inspected items (1) and (2) above. 4. Street Clean Up. At any time upon the request of City staff and after the construction is complete, the Developer shall clear all soil, earth, or debris from the streets and storm sewer and from the lots within the development resulting from any construction on the land within the development by the Developer. 5. Permits. The Developer shall obtain all necessary permits for the development of the property. The Developer shall pay SAC fees at the time of the building permit issuance. 6. Park Dedication. In accordance with the policies and ordinances of the City, the Developer shall pay a park dedication fee at a rate of$1,500.00 per lot at the time of building permit issuance. The total park dedication fee for the undeveloped lots in the development is $6,000.00. (four lots x $1,500.00 = $6,000.00). 7. Drainage Easement. The Developer shall provide the City with easements dedicated on the plat over the 5 lots of the property as proposed in the Final Plat mylars presented for signature. 8. License. The Developer hereby grants the City, its agents, employees, officers, and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 9. Final Plat Approval. The City agrees to give final approval and shall sign the final plat of the subdivision upon execution and delivery of this agreement, and approval of the plat by the County and of all required petitions, bonds, and security. 10. Legal Proceedings. In addition to the foregoing, the City may institute any proper action of proceeding at law or at equity to abate violation of this Development Agreement, or to prevent use or occupancy of the proposed dwellings. 11 . Ownership of Improvements. Upon completion of the work and construction required by this agreement, the improvements lying within public easements shall become City property without further notice or action. 12. Transfers of Interest— as described in Paragraph 1. 13. Attorneys' Fees. The Developer agrees to pay the City reasonable attorneys' fees and costs incurred in the event of any lawsuit or action is commenced to enforce the terms of this agreement and to collect sums due by the City under the terms of this agreement. 14. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this contract is for any reason held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such decision shall not invalidate or render unenforceable any other provisions of this contract, and the remaining provisions of this contract shall not in any way be affected or impaired. 15. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors, and assigns if any of the Developer and City hereto and shall be binding upon all future owners of all or any part of the subdivision, and shall be deemed covenants running with the land. Reference in this document to the developer, if there be more than one, shall mean each and all of them. This agreement, at the option of the City, shall be placed of record so as to give notice of this agreement to subsequent purchasers and encumbrances of all or any part of the subdivision. All recording fees, if any, shall be paid by the developer. 16, Assignability. No duty or obligation of the Developer under this Agreement may be assigned in whole or part to any third party without the express written consent or waiver of by the City. IG ED AND EXECUTED by the parties hereto on this day of 2001 DEVELOPERS B Y Y B George F. Bateson Ann L. Bateson B r ennis P4ffini Mary Pie mi CITY OF FRIDLEY ATTEST � . 1<� Scott J. Lund Ma or Debra A. Skogen, City 1-11,rk EXHIBIT A - STIPULATIONS APPROVED BY FRIDLEY CITY COUNCIL 1. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of building permits, in order to minimize impacts to the surrounding properties. 2. Petitioner shall provide a easements as shown on preliminary plat drawing. 3. During construction, silt fencing shall be used where applicable. 4. Petitioner to pay required park dedication fees prior to issuance of building permits. 5. Petitioner to pay all water and sewer connection fees. EXHIBIT B - PLAT APPROVED BY COUNCIL wLL • -� � UL;Q) r It i j• c �� E �r � � I i � ,.t •` 1 i r °�� ; �• 1 I i�( 1'; �� I�t �� ; � j �� I{ I2#t Ij� �}� 7{ l�i� � � j � � � ; �s. Z :j$ � �� ;;Ii � } � } ��{z if }s } ! I } i 1' ,>; �r� _. I • I�r ; ( Ij � � � .�� till is - � �� •A i A �IF q ��1p•��RAII-_ �o Q -tI' R 1 I _. _• i4 1 4 11 -------------- - —••- I_ - _ i — — — — — ' FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 17, 2001 PAGE 3 2. SPECIAL USE PERMIT RE UESTSP 901-09, BY VIRGIL OKESON, TO ALLOW A SECOND ACCESSOR STRUCTURE (GARAGE), GENERALLY LOCATED AT 1423 - 64 AVENUK N.E. ARD 2): Mr. Burns, City Manager, stated t t this would allow the construction of a 672 square foot accessory structure to be use or storage of boats, trailers, and lawn equipment. The Planning Commission approve it at their September 5 meeting. Staff recommended Council's approval. APPROVED SPECIAL SE PERMIT REQUEST, SP #01-09, BY VIRGIL OKESON, WITH THE OLLOWING SIX STIPULATIONS: 1. STAFF SHALL CONDUCT REGUL INSPECTIONS OF THE SITE. IF, AT ANY TIME, A TRAIL SIivIULATIN A DRIVEWAY IS PRESENT, A HARD SURFACE DRIVEWAY AS AP OVED BY THE CITY WILL NEED TO BE INSTALLED WITHIN 90 DAY . 2. PETITIONER SHALL OBTAIN ALL NECESSARY PERMITS PRIO O CONSTRUCTION. 3. THE STRUCTURE SHALL NOT BE USED FOR A HOME OCCUPATION OR LIVING AREA. 4. ALL VEHICLES SH LL BE STORED ON A HARD SURFACE AS APPROVED BY THE CITY. 5. TOTAL SQUARE FOOTAGE OF ALL ACCESSORY STRUCTU MUST NOT EXCEED 1,400 SQUARE FEET. 6. GARAGE SHALL BE ARCHITECTURALLY COMPATIBLE WITH EXISTING HOME AND FINIS ED WITH A COMPLEMENTARY SIDE AND COLOR SCHEME. 3. APPROVE A DEVELOPMENT AGREEMENT FOR A FINAL PLAT, PS #01-02, BY GEORGE BATESON, TO ALLOW FIVE SINGLE FAMILY LOTS, GENERALLY LOCATED AT HEATHER PLACE AND CENTRAL AVENUE N.E. (WARD 2): Mr. Burns, City Manager, stated that is a five-plot plat in the Heather Hills North II Plat. The final plat was approved by Council on August 13. Staff recommended Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA FOR FURTHER DISCUSSION. 4. RESOLUTION NO. 4 -2001 DIRECTING PREPARATION OF THE ASSESSMENT ROLL FO THE 2001 NUISANCE ABATEMENT: Mr. Burns, City Manager, sta d that this is for costs associated with the Nuisance Abatement Project for 2001. Th re was one assessment at between $300 to $400. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 001. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 17, 2001 PAGE 5' OPEN FORUM, VI ITORS: No persons in th, audience spoke. NEW BUSINESS: 3. APPROVE A DEVELOPMENT AGREEMENT FOR A FINAL PLAT, PS #01-02, BY GEORGE BATESON, TO ALLOW FIVE SINGLE FAMILY LOTS, GENERALLY LOCATED AT HEATHER PLACE AND CENTRAL AVENUE N.E. (WARD 2): Councilmember Billings asked if it was a stipulation that the development agreement be executed. Mr. Hickok, Community Development Director, stated that there was not a stipulation on the plat, however, the developer was aware that a development agreement would be prepared and would be on this agenda. Councilmember Billings asked if it was changing anything on the stipulations because he understood that the development agreement had already been approved by the City Council. Mr. Hickok stated that was correct. Staff was working on development agreements for two developments at the time the final plat came before Council. We had constant communication with the developer and he was aware that the development agreement would be forthcoming and that it agreement would have to go to the County for the final recording. He has reviewed it, agreed to all the stipulations and terms, and signed it. MOTION by Councilmember Billings to approve a development agreement for a Final Plat, PS #01-02, by George Bateson. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS: 10. CONSIDERATION OF ORDINANCE ON RECREATIONAL VEHICLE PARKING: MOTION by Councilmember Barnette to en the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, AYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY, AND THE BLIC HEARING WAS OPENED AT 8:12 P.M. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 17, 2001 PAGE 5 OPEN FORUM, VISITORS: No persons in the udience spoke. NEW BUSINESS: 3. APPROVE A DEVELOPMENT AGREEMENT FOR A FINAL PLAT, PS #01-02, BY GEORGE BATESON, TO ALLOW FIVE SINGLE FAMILY LOTS, GENERALLY LOCATED AT HEATHER PLACE AND CENTRAL AVENUE N.E. (WARD 2): Councilmember Billings asked if it was a stipulation that the development agreement be executed. Mr. Hickok, Community Development Director, stated that there was not a stipulation on the plat, however, the developer was aware that a development agreement would be prepared and would be on this agenda. Councilmember Billings asked if it was changing anything on the stipulations because he understood that the development agreement had already been approved by the City Council. Mr. Hickok stated that was correct. Staff was working on development agreements for two developments at the time the final plat came before Council. We had constant communication with the developer and he was aware that the development agreement would be forthcoming and that it agreement would have to go to the County for the final recording. He has reviewed it, agreed to all the stipulations and terms, and signed it. MOTION by Councilmember Billings to approve a development agreement for a Final Plat, PS #01-02, by George Bateson. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS: 10. CONSIDERATION OF ORDINANCE ON RECREATIONAL VEHICLE PARKING: MOTION by Councilmember Barnette to o the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MA OR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY, AND THE PUBL C HEARING WAS OPENED AT 8:12 P.M. , FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 17, 2001 PAGE 6' Mr. Hickok, Community Development Director, stated that this ite is to consider storage of boats, campers, and trailers. Systematic code enforcement in 1998 revealed that a number of property owners were storing utility trailers, camper trailers, and bo s in their front yards and on their driveways. As a result of those discoveries, it led to discus on and ultimately to survey questions. Two variance requests by residents in 1999 asked to b able to park travel trailers in the driveway in the front of their home. They were both de ed. A survey of surrounding communities finds that Fridley's ordinance falls in the mid e of what is allowed in other communities. Andover requires parking on a hard surface in a building or off-site. Non- motorized vehicles must be parked on a hard surface, grass o y on rear yard not visible from the public right-of-way, and it must be parked ten feet back fro any property line. The recreational vehicles must be less than 20 feet in length to be kept on residential property. Blaine requires parking on a hard surface and must be three feet back rom the property lines. You can be parked on the grass or gravel in the side or rear yard. B ooklyn Park requires parking on a hard surface which must be five feet back from property lin s. Columbia Heights requires parking on a hard surface with no specifications as to where. Co Rapids requires hard surface parking on the side, front or rear yard. Crystal has no specificat' n on what type of surface to be parked on but you can park on the side or rear yard and must a no closer than ten feet from neighboring dwellings. Ramsey requires hard surface parking the driveway, side, or rear yard. Shoreview requires hard surface parking on the driveway, fr nt, side, or rear yard, 30 feet back from front property line and 5 feet from the side property line, and 10 feet from the rear property line. Spring Lake Park has no specifications as to w at type of surface. Parking is permitted in the front and side yard, but must be five feet from y side property line. Councilmember Billings asked if there was overall recap of the cities in general. Mr. Hickok stated that there were differe requirements found in the cities, and that the many ordinances were not being enforced. Mr. Burns asked if all the other co unities allow non-motorized camper trailers on the driveway. Mr. Hickok stated that they do, and ridley was unique in not allowing them. Fridley allows current outdoor storage in the side d rear yard for non-motorized boats, trailers, and campers. Motorized RVs are required to be pa ed on a paved surface. Staff recommended that in order to ensure enforcement, we select an o tion. Option 1 would be to leave the ordinance as it is or repeal the existing language and at w outdoor storage in front yards. Additional language could be added to the existing code tha would prohibit front yard parking of RVs. Option 2 allows outdoor storage in all portions of e yards in residential districts. A motorized vehicle would be permitted on the driveway. I Option 3, language would be added that would state that motorhomes on driveways or i front yards would be prohibited. It combines the existing language for side and rear park' g and would put the motor home behind the house on a paved surface or off-site storage. Councilmember Wolfe stated at he is glad the front yard/driveway issue has been cleared up. Many people do not mind th driveway placement versus placement on the grass in the front yard. ASSinACT nece+ctv_'I a�•� I -- Cartrfied C cy f �� n Cate Naifec Cater i me: i� C Tax Lens/neteases Ccc.Crcer_�ct�_ DOCUMENT NO. 1615164 . 0 ABSTRACT �1 ,Nurti-Ca Ccc Tax I'd .y =ns: ANOKA COUNTY MINNESOTA ReCrdaGtRN/Ceigs: �� __ C Transrer C New Cesc. I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE FOR RECORD ON OCT 29 2001 racing -m5 (� C Civisicn C CAC AT 5 : 00 PM AND WAS DULY RECORDED. r__ C Cet.Spec FEES AND TAXES IN THE AMOUNT OF $20 . 00 PAID. 'Nell Cartrti�te � Status Ret_ivec Sus Cate: Va C^an e Arcxa Ccunry RecCrcer Cttler 9 RECEIPT NO. � n 4 IEEOtDWWX�XXaO 60�A;AM DINE Nc(Es: ANOKA COUNTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES I BY DLA 1 DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES r f DEVELOPMENT AGREEMENT THIS AGREEMENT, made this 17th day of September, 2001, between the City of Fridley, acting through its Mayor and City Manager (hereinafter called the "City"), and George F. Bateson, Ann L. Bateson, Dennis Pietrini, and Mary Pietrini, (hereinafter called the "Developer"). WHEREAS, The Developer have made application to the City Council for the approval of a plat of land within the corporate limits of the City described as follows: Heather Hills North Plat II WHEREAS, the City Council, by resolution # 36-2001, adopted August 13, 2001, granted Developer's plat request for a portion of the property to allow it to construct five single family homes on the subdivision on the condition that the subdivision is developed according to the utility plan, dated, July 9, 2001, and in accordance with stipulations of approval incorporated herein by reference (See attached Exhibit A). NOW, THEREFORE, in consideration of the foregoing, it is hereby agreed as follows: 1. Improvements. Improvements shall include, but not be limited to the following: ♦ Concrete curb and gutter repair at driveway aprons Approved site grading and drainage plans Underground utilities for the five new homes ♦ Setting of lot and block monuments Surveying and staking ♦ Temporary tree protection devices The improvements shall be installed in accordance with City standards, ordinances, City Council prescribed stipulations as evidenced as conditions in any resolution accepting this agreement and any related plat, and technical specifications. The Preliminary site grading, construction of underground utilities, including main line sewer, water and sewer services; and full street restoration shall be completed prior to sale of any lots and prior to issuance of any building permits. The Developer agrees that it will not sell any lot, parcel or whole or partial portion of the Subdivision, nor sell, rent, or cause to be occupied, any house, other building or structure constructed on the development or within the development until the City has approved and the Developer has completed the construction of the improvements covered by this Development Agreement, the applicable building codes, and other applicable government regulations and has issued a Certificate of Occupancy, unless the City has agreed in writing to waive this requirement as to a specific lot or premises. issued a Certificate of Occupancy, unless the City has agreed in writing to waive this requirement as to a specific lot or premises. The Developer shall follow all instructions received from the City's inspectors. The Developer shall schedule a pre-construction meeting at a mutually agreeable time at the City Hall with all parties concerned, including the City Staff, to review the program for the construction of each home. 2. Water and Sewer A water and sewer lateral fee assessment will be applied to each lot. (A) The Developer shall construct a sanitary sewer main line extension and stub water and sewer services to lots #1 A, #3A, #4A and #5A as shown on the Heather Hills North Plat II Utility Plan, dated 7/09/01. These water and sewer services shall be inspected and must meet all City standards. If necessary, the City (at the developer's expense) will patch the street to City's specifications following the installation of water and sewer services, the Developer must have the any street cuts approved by the Public Works Department of the City. 3. Grading, Erosion Control, and Tree Preservation Plans. Prior to obtaining building permits, the Developer shall submit a grading and drainage, erosion control, and tree preservation plan which shall clearly show for each lot: (A) The grading limits for the construction of the new home. (B) All areas disturbed by the excavation and backfill operations shall be re-sodded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan. If the Developer, future owner, its contractors, or subcontractors does not comply with the erosion control plan and schedule or supplementary instructions received from the City and the Anoka County Soil and Water Conservation District, or the Six Cities Watershed Management Organization, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer, future owner, contractors, or subcontractors in advance of any proposed action, but failure of the City to do so will not affect the City's rights or obligations hereunder. (C)The location of warning signage (tree protection ribbon) that will be placed around the perimeter of the construction limits protecting all significant trees outside the construction limits. (D)The location of any significant trees to be saved inside the construction limits. Any significant trees to be saved shall have fencing around them, which shall extend wherever possible to the tree drip line. No construction or grading work shall commence until the City staff has field inspected items (1) and (2) above. 4. Street Clean Up. At any time upon the request of City staff and after the construction is complete, the Developer shall clear all soil, earth, or debris from the streets and storm sewer and from the lots within the development resulting from any construction on the land within the development by the Developer. 5. Permits. The Developer shall obtain all necessary permits for the development of the property. The Developer shall pay SAC fees at the time of the building permit issuance. 6. Park Dedication. In accordance with the policies and ordinances of the City, the Developer shall pay a park dedication fee at a rate of $1,500.00 per lot at the time of building permit issuance. The total park dedication fee for the undeveloped lots in the development is $6,000.00. (four lots x $1,500.00 = $6,000.00). 7. Drainage Easement. The Developer shall provide the City with easements dedicated on the plat over the 5 lots of the property as proposed in the Final Plat mylars presented for signature. 8. License. The Developer hereby grants the City, its agents, employees, officers, and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 9. Final Plat Approval. The City agrees to give final approval and shall sign the final plat of the subdivision upon execution and delivery of this agreement, and approval of the plat by the County and of all required petitions, bonds, and security. 10. Legal Proceedings. In addition to the foregoing, the City may institute any proper action of proceeding at law or at equity to abate violation of this Development Agreement, or to prevent use or occupancy of the proposed dwellings. 11. Ownership of Improvements. Upon completion of the work and construction required by this agreement, the improvements lying within public easements shall become City property without further notice or action. 12. Transfers of Interest— as described in Paragraph 1. 13. Attorneys' Fees. The Developer agrees to pay the City reasonable attorneys' fees and costs incurred in the event of any lawsuit or action is commenced to enforce the terms of this agreement and to collect sums due by the City under the terms of this agreement. 14. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this contract is for any reason held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such decision shall not invalidate or render unenforceable any other provisions of this contract, and the remaining provisions of this contract shall not in any way be affected or impaired. 15. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors, and assigns if any of the Developer and City hereto and shall be binding upon all future owners of all or any part of the subdivision, and shall be deemed covenants running with the land. Reference in this document to the developer, if there be more than one, shall mean each and all of them. This agreement, at the option of the City, shall be placed of record so as to give notice of this agreement to subsequent purchasers and encumbrances of all or any part of the subdivision. All recording fees, if any, shall be paid by the developer. 16, Assignability. No duty or obligation of the Developer under this Agreement may be assigned in whole or part to any third party without the express written consent or waiver of by the City. ,SIGNED AND EXECUTED by the parties hereto on this day of , 2001 DEVELOPERS By: By :�� George F. Bateson Ann L. Bateson B ennis ini Vary Pie ini CITY OF FRIDLEY ATTEST Scott J. Lund a or Debra A. Skogen, City C11,rk EXHIBIT A - STIPULATIONS APPROVED BY FRIDLEY CITY COUNCIL 1 . Grading and drainage plan to be approved by City's engineering staff prior to the issuance of building permits, in order to minimize impacts to the surrounding properties. 2. Petitioner shall provide a easements as shown on preliminary plat drawing. 3. During construction, silt fencing shall be used where applicable. 4. Petitioner to pay required park dedication fees prior to issuance of building permits. 5. Petitioner to pay all water and sewer connection fees. 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M1FZZ NOi;i 'EiNOIA0-3s V>ONV-40 �� 1-'�'�1d H �!®N 9771 H b3 HL�7� H 1576732 t3 . 3o' ��•s�3vo1.� .009(0 • oo�� _ -0c1 01 F MINNESOTA CITY COUNC� FEEDINGS STATE O ) SUBDIVISION (PLAT OR LOT SPLIT) COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Preliminary Plat, PS #01-02 Owner: George F. Bateson, Ann L. Bateson, Dennis Pietrini, Mary Pietrini, and Kootenia Homes The above entitled matter came before the City Council of the City of Fridley and was heard on the 21S` day of May, 2001, on a petition for a subdivision pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To allow five single family lots, legally described as Lots 1A, 1 B, 2A, 213, 3A, 3B, 4A, and 4B, Heather Hills North, Anoka County, Minnesota, generally located at Heather Place and Central Avenue. IT IS ORDERED that a subdivision be granted as upon the following conditions or reasons: Approvoi with jive stipulations. See City Council Meeting Minutes of May 21", 2001. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and order granting a subdivision with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the day of C}liri , 2001. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City C k A V z FRIDLEY CITY COUNCIL MEETING OF MAY 21,2001 PAGE 5 OPEN FORUM: Mr. Bob Foley, Fridl/Miniatolf owner, stated that he and his wife have owned their business in Fridley foar. They are very glad they opened their business in Fridley and especially apprecHickok's guidance and the City staff s assistance in making their dream come trueas professional, courteous, and went out of his way to help them blend their businmunity. NEW BUSINESS: 9. PRELIMINARY PLAT REQUEST, PS #01-02, BY GEORGE BATESON, TO _ALLOW FIVE SINGLE FAMILY LOTS, GENERALLY LOCATED AT HEATHER PLACE AND CENTRAL AVENUE (WARD 2): Mr. Bolin, Planning Coordinator, stated that the petitioners on this request are George and Ann Bateson and Dennis and Mary Pietrini. They are seeking to replat the Heather Hills North Addition into five lots to construct five single-family homes. They had originally platted the Heather Hills North property into four single-family homes lots in 1999. Fridley code does require that lots in the R-1 district be 75 feet in width with a minimum lot area of 9,000 square feet. The lots proposed range in width from 76 feet to 184 feet and in area of under 15,000 to over 26,000 square feet in size. The home currently under construction by Kootenia Builders will still meet all the setback requirements if this plat is approved. A public hearing was held before the Planning Commission on May 2, and the request was approved with stipulations. Staff recommended approval with five stipulations because it meets size requirements and provides additional home opportunities in Fridley. Councilmember Wolfe asked if the sewer line was in for the five lots. Mr. Haukaas, Public Works Director, indicated that it was. Councilmember Barnette asked if the parcels were combined with Lot No. 5. Mr. Bolin stated that it has been combined with them. Councilmember Bolkcom asked if all the sewer and water mains would be in before the final plat is approved. Mr. Bolin stated that a letter of intent has been provided by Mr. Bateson indicating that he will agree to install those as needed and determined. Councilmember Bolkcom asked if the final plat would be approved. Mr. Haukaas stated that is what staff recommended. Councilmember Billings asked if the home being built will meet all the setbacks and if the lot has been sold. Y - FRIDLEY CITY COUNCIL MEETING OF MAY 21,2001 PAGE 6 Mr. Bolin stated that it would meet the setbacks and Mr. Bateson can answer the question of who the owner of the lot is. Mr. George Bateson, 6196 Heather Place N.E., one of the petitioners, stated that Lot 2 was sold to Kootenia Builders so they could commence building the home because it will be in the Parade of Homes in August. There are legal agreements for when the plat is approved that the deeds are worked out such that they get some of Lot 1, and they give up some of Lot 2 to form Lot 3. Councilmember Billings stated that in a replatting, all of the underlying fee owners should become applicants so that each of the fee owners sign off on the plat indicating that they agree to the replatting. Mr. Bateson stated that the original request for the replat was signed by the President of Kootenia Builders and also the preliminary plat would have Kootenia Builders on the document. Councilmember Billings stated that Kootenia Builders is a co-applicant and they will be signing the plat. Mr. Bateson stated that they are signing the plat and have signed the original loan application. The liabilities of the construction site resulted in them signing for the purchase of Lot 2. This is under the legal advice of their attorneys and they are asking for Council's support. They will build a home to be proud of. He said he is not a seasoned developer, and Mr. Hickok really helped with the whole process and represents the City in an outstanding fashion. MOTION by Councilmember Wolfe to approve Preliminary Plat Request, PS #01-02 with the following five stipulations: 1. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of building permits, in order to minimize impacts to the surrounding properties. 2. Petitioner shall provide all easements as shown on preliminary plat drawing. 3. During construction, silt fencing shall be used where applicable. 4. Petitioner to pay required park dedication fees prior to issuance of building permits. 5. Petitioner to pay all water and sewer connection fees. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ABSTRACT Receipt# N.5-D ❑ Certified Copy Date Mailed Date/Time: / S DOCUMENT N0. 1576732 . 0 ABSTRACT Doc.Order of ❑ Tax Liens/Releases ANOKA COUNTY MINNESOTA ❑ Multi-Co Doc Tax Pd ✓by: Pins:6— h= I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE FOR RECORD ON JUN 08 2001 Recordability/Delgs� ❑ Transfer El New Desc. AT 5 : 00 PM AND WAS DULY RECORDED. Filing Fees: ❑ Division ❑ GAC FEES AND TAXES IN THE AMOUNT OF $19 . so PAID. Well Certificate ❑ Status ❑ Def.Spec RECEIPT NO. 2001053892 Received this Date: W)q.XM MAUREENJ.DEVINE Anoka County Recorder ❑ Other No Change ANOKA COUNTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES Notes: BY RP DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES THIS PACE IS NOT PART OF THE ORIGINAL DOCUMENT PRESENTED FOR RECORDING Added by Anoka County Recorder for pasting only. Post to Abstract Document Number l to b (oL)53: PIN Range 1. A- 13 - 3o �- 29 -Li 3 - oe89 thrcuch ..� Z• DO� � thrcuch 3. � I through 4. 00 9 :z throuch q3 I thrcuch 6. 0094 I thrcuch 7. T thrcuah 8• I thrcuch a• I thrcuch 10• I throuch 11 . thrcuch 12. I thrcuch 13. I thrcuch A4. throuan 1666 5 STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS SUBDIVISION (PLAT OR LOT SPLIT) COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Final Plat, PS #01-02 Owner: George F. Bateson, Ann L. Bateson, Dennis Pietrini, Mary Pietrini, and Kootenia Homes The above entitled matter came before the City Council of the City of Fridley and was heard on the 13th day of August, 2001, on a petition for a subdivision pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To allow five single family lots, legally described as Lots 1A, 1 B, 2A, 2B, 3A, 3B, 4A, and 413, Heather Hills North, Anoka County, Minnesota, generally located at Heather Place and Central Avenue. 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 August 13th, 2001. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and order granting a subdivision with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the 2-0\ day of 2001. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Ui Fridley, MN 55432 Debra A. Skogen, City Clerk ! J :(SEAL) FRIDLEY CITY COUNCIL MEETING OF AUGUST 13,2001 PAGE 3 3. RESOLUTION NO. 36-2001 O VACATE EASEMENTS FOUND ON THE ORIGINAL HEATHER 14ILLS ADDITION AND RECREATE THE EASEMENTS ON THE HEATHER HILLS NORTH 2 PLAT, GENERALLY LOCATED AT 6201 - 6209 EATHER PLACE N.E.: Mr. Burns, City Manage stated that this is a matter of vacating the easements for a four- lot plat and establishi them for the newly defined five-lot plat. Staff recommended Council's approval. ADOPTED RESOLUTION 36-2001. 4. RESOLUTION NO. 37-2001 APPROVING A PLAT, P.S. #01-02, (HEATHER HILLS NORTH PLAT 2), BY GEORGE BATESON, TO REPLAT PROPERTY FOR THE PURPOSE OF CREATING LOTS TO ALLOW CONSTRUCTION OF NEW SINGLE FAMILY HOMES, GENERALLY LOCATED AT 62117 CENTRAL AVENUE N.E. (WARD 2): Mr. Burns, City Manager, stated that the preliminary plat was approved in May. Staff recommended Council's approval with five stipulations. ADOPTED RESOLUTION NO. 37-2001 WITH THE FOLLOWING STIPULATIONS: 1. GRADING AND DRAINAGE PLAN TO BE APPROVED BY CITY'S ENGINEERING STAFF PRIOR TO THE ISSUANCE OF BUILDING PERMITS, IN ORDER TO MINIMIZE IMPACTS TO THE SURROUNDING PROPERTIES; 2. PETITIONER SHALL PROVIDE EASEMENTS AS SHOWN ON PRELIMINARY PLAT DRAWING; 3. DURING CONSTRUCTION, SILT FENCING SHALL BE USED WHERE APPLICABLE; 4. PETITIONER TO PAY REQUIRED PARK DEDICATION FEES PRIOR TO ISSUANCE OF BUILDING PERiv1ITS; AND 5. PETITIONER TO PAY ALL WATER AND SEWER CONNECTION FEES. 5. SPECIAL USE PERMI REQUEST, SP #01-06, BY DWAYNE AND DON MYRVOLD, FOR A SE ND ACCESSORY STRUCTURE GARAGE FOR THE PURPOSE OF VE CLE PARKING AND STORAGE, GENERALLY LOCATED AT 554 JANESVI E STREET N.E. ARD 3): Mr. Burns, City Manager, stated tha he petitioners are seeking a special use permit to construct a 864 square foot accessory ilding. Staff recommended Council's approval with seven stipulations. APPROVED SPECIAL USE PERMIT, SP 1-06 WITH THE FOLLOWING STIPULATIONS: 1. PETITIONER SHALL INS L CODE-REQUIRED HARD SURFACE DRIVEWAY WITHIN 12 MONTH OF ISSUANCE OF THE BUILDING PERMIT; 2. ALL NECESSARY PERMI SHALL BE OBTAINED FROM THE CITY PRIOR TO CONSTRUCTION; 3. T STRUCTURE SHALL NOT BE USED FOR A HOME OCCUPATION; 4. ALL HICLES SHALL BE FRIDLEY CITY COUNCIL MEETING OF AUGUST 13,2001 PAGE 4 STORED ON A HARD SURFACE AS APPROVED BY THE CI ; 5. TOTAL SQUARE FOOTAGE OF ALL ACCESSORY STRUCT MUST NOT EXCEED 1,400 SQUARE FEET; 6. GARAGE SHALL BE AR ITECTURALLY COMPATIBLE WITH EXISTING HOME AND F SHED WITH A COMPLEMENTARY SIDING AND COLOR SCHEME; Alii 7. GARAGE TO BE MOVED BACK A MINIMUM OF 20 FEET IN ORDER O BE IN LINE WITH THE EXISTING HOME AND 55 FEET BACK FROM T CURB. 6. SPECIAL USE PERMIT REQUEST, SP #01-07, Y BOB AND FRANKIE FETROW, FOR A SECOND ACCESSORY STRUCTURE GARAGE FOR THE PURPOSE OF STORAGE, GENERALLY LOCAT D AT 7061 HICKORY DRIVE N.E. Mr. Burns, City Manager, stated that Mr. and s. Fetrow are seeking a special use permit for building an 864 square foot accessory uilding. Staff recommended Council's approval with six stipulations. APPROVED SPECIAL USE PERMIT, P #01-07 WITH THE FOLLOWING STIPULATIONS: 1. STAFF SHALL C DUCT REGULAR INSPECTIONS OF THE SITE. IF, AT ANY TIME, A T IL SIMULATING A DRIVEWAY IS PRESENT, A HARD SURFACE DRI V WAY , AS APPROVED BY THE CITY, WILL NEED TO BE INSTALLED ITHIN 90 DAYS; 3. THE STRUCTURE SHALL NOT BE USED FOR A H IE OCCUPATION OR LIVING AREA; 4. ALL VEHICLES SHALL BE STO D ON A HARD SURFACE AS APPROVED BY THE CITY; 5. TOTAL S ARE FOOTAGE OF ALL ACCESSORY STRUCTURES MUST NOT E CEED 1,400 SQUARE FEET; 6. GARAGE SHALL BE ARCHITECTU Y COMPATIBLE WITH EXISTING HOME AND FINISHED WITH SAME DING AND COLOR SCHEME. 7. SPECIAL USE PERMIT RE EST, SP 901-08, BY RAY HATCHETT, FOR A SECOND ACCESSORY ST UCTURE GARAGE FOR THE PURPOSE OF VEHICLE PARKING AND STORAGE, GENERALLY LOCATED AT 1313 HILLWIND ROAD N.E. RD 1 Mr. Burns, City Manager, s ated that Mr. Hatchett wants to build a 780 square foot accessory building. Staff rec mmended Council's approval with seven stipulations. APPROVED SPECIAL SE PERMIT, SP #01-08, WITH THE FOLLOWING STIPULATIONS: 1. PE ITIONER SHALL INSTALL CODE REQUIRED HARD SURFACE DRIVEWA WITHIN TWELVE MONTHS OF ISSUANCE OF THE BUILDING PERMIT; 2. PETITIONER SHALL OBTAIN ALL NECESSARY PERMITS PRIOR TO ONSTRUCTION; 3. THE STRUCTURE SHALL NOT BE USED FOR A HOM OCCUPATION OR LIVING AREA; 4. ALL VEHICLES SHALL BE SOTRED N A HARD SURFACE AS APPROVED BY THE CITY; 5. TOTAL SQUARE F OTAGE OF ALL ACCESSORY STRUCTURES MUST NOT EXCEED ,400 SQUARE FEET; 6. GARAGE SHALL BE Y . . AES�r,ACT I ^ecelct r Q Cartrfied C:.ey Cate:Maded Cater%me: QTaxLens/ Releases DOCUMENT NO. 1606052 . 0 ABSTRACT Ccc•Crcef--t ctom— Q Mult-C,, Cccraxzd ANOKA COUNTY MINNESOTA V by: P?rrs: q1 I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE 7,1F7-,rwz 7C-AC FOR RECORD ON SEP 26 2001 ,;e�rcacdity, „eigs: _ AT 4 : 59 PM AND WAS DULY RECORDED. m r Ub FEES AND TAXES IN THE AMOUNT OF $20 . 00 PAID. =__s:'Neil Cardcate RECEIPT N0. Recsivee ns Cate: O�mgjj Ng 11�TNE Ancka Czunty,Reccrcer Cttrer Nn C~arge `�# m"RA ANOKA COUNTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES Noes DLA BY DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES I s