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03/24/1993 1 PLANNING COMMISSION MEETING AGENDA WEDNESDAY, MARCH 24, 1993 7:30 P.M. Public Copy Planning Commission t : City of Fridley AGENDA PLANNING COMMISSION MEETING WEDNESDAY, MARCH 24, 1993 7:30 P.M. LOCATION: Fridley Municipal Center, 6431 University Avenue N.E. CALL TO ORDER: ROLL CALL: APPROVE PLANNING COMMISSION MINUTES: March 10, 1993 PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #93-03, by RICHARD KEDROWSKI: To allow accessory buildings other than the first accessory building, over 240 square feet, on Lots 1 through 3, Block 4, Oak Grove Addition to Fridley Park, generally located at 6584 Anoka Street N.E. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT, P.S. #93-01, "ANDERSON DEVELOPMENT REPLAT" , BY ANDERSON TRUCKING SERVICE, INC. : To replat Lots 1 - 5, Block 1, Anderson Development, generally located at 7699 Central Avenue N.E. VACATION REQUEST, SAV #90-02 , TO VACATE BROAD AVENUE NORTH OF LAFAYETTE STREET, BY THE CITY OF FRIDLEY (tabled) : REVIEW POTENTIAL DATES TO MEET WITH CITY COUNCIL RECEIVE THE MINUTES OF THE ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MEETING OF FEBRUARY 16, 1993 RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF MARCH 16, 1993 ADJOURN: CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 10, 1993 CALL TO ORDER: Chairperson Newman called the March 10, 1993, Planning Commission meeting to Order at 7:30 p.m. ROLL CALL: Members Present: Dave Newman, Dave Kondrick, Dean Saba, Brad Sielaff, Connie Modig Members Absent: Sue Sherek, Diane Savage Others Present: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Dan Olson, Intern, Community Development Dept. Gerry Boschwitz, Home Valu Bill Brattland, Signart Aldys Miller, Edina Realty Julie and Barry Aamold, 13216 Crooked Lake Boulevard, Coon Rapids APPROVAL OF FEBRUARY 24, 1993, PLANNING COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to approve the February 24, 1993, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT REQUEST, SP #93-02, BY SIGNART FOR HOME VALU: Per Section 214.07. 01 by the Fridley City Code, to allow an automatic changeable sign on Lot 1, Block 1, Great Northern Industrial Center, generally located at 5401 East River Road MOTION by Mr. Kondrick, seconded by Mr. Saba, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:32 P.M. Ms. McPherson stated this property is located south of I-694 and adjacent to the Burlington Northern Railroad tracks. The property is zoned M-2, Heavy Industrial, as are all surrounding parcels. • PLANNING COMMISSION MEETING, MARCH 10, 1993 PAGE 2 Ms. McPherson stated that as part of the overall renovation of the existing sign, the petitioners were required to not only apply for a special use permit for the automatic changeable sign, but also for a variance. The existing Plywood Minnesota sign was granted a variance prior to 1977 and in order to allow the remodeling of the sign faces, the City Sign Code requires that a variance be . reissued if the petitioner is not going to bring the sign into conformance with the Sign Code. The existing sign is approximately 300 square feet in area, and the Sign Code allows a maximum square footage of 80 square feet for a free standing sign. Ms. McPherson stated the new name of the Plywood Minnesota business is Home Valu, and that is the main reason for the new sign. The automatic changeable portion of the proposed new sign is a public service time/temperature sign which will be part of the overall sign. In addition, the petitioners will be having a neon portion of the sign with the words "Open Tonite". Ms. McPherson stated that on February 16, 1993, the Appeals Commission tabled the variance request pending the petitioners' revision of the proposed sign. The petitioners revised the sign to reduce the overall square footage from 300 square feet to 186.25 square feet. On March 2, 1993, the Appeals Commission recommended approval of the variance to 186.25 square feet stipulating that of the 186.25 square feet, 32. 5 square feet is to be dedicated to the public service (automatic changeable) portion of the sign. The remainder of the sign totals 153 square feet which is comprised of the "Home Valu" text as well as the neon "Open Tonite" text at the bottom of the sign. Ms. McPherson stated Section 214 of the Sign Code allows automatic changeable signs in all districts except residential districts with the issuance of a special use permit. Two conditions are stipulated in the Sign Code which are required to be met: 1. Conformance to the sign requirements within that district. 2 . The message shall not change more than once every 15 minutes except for a sign displaying time, temperature, and/or date. Ms. McPherson stated the automatic changeable sign as proposed can meet both those provisions of the Sign Code. This portion of the sign is only 32.5 square feet which is less than the 80 square feet permitted by Code. However, if the Commission approves the special use permit request, it should be stipulated that the special use permit request is only approved if the variance request is also approved as the overall sign cannot meet the 80 square feet permitted in the M-2, Heavy Industrial districts. PLANNING COMMISSION MEETING, MARCH 10, 1993 PAGE 3 Ms. McPherson stated staff is recommending the Commission recommend approval of the special use permit request pending approval of the variance request, VAR #93-01. Mr. Gerry Boschwitz stated he is President and CEO of Home Valu. Bill Brattland from Signart is also at the meeting. He stated they originally requested a larger sign as explained by staff. Because their store is located at the end of a cul-de-sac and is rather difficult to get to and find, they wanted a large sign. They are also next to Wickes Furniture which has very large wall signage. To a certain extent, they are dwarfed by Wickes Furniture. They wanted to put up a new sign that would show up a little better and present their new name and image. Mr. Boschwitz stated the "Open Tonite" portion of the sign is to help establish the fact that they are a retail location. Their building does not always appear as a retail location. Many people believe it is a warehouse and office building. The time and temperature signage was presented as a public service and also to provide Home Valu with a little more recognition of their location on I-694. MOTION by Mr. Saba, seconded by Mr. Kondrick, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:45 P.M. Mr. Kondrick stated he would vote in favor of the special use permit for the public service (time and temperature) portion of the sign. He agreed that Home Valu is rather eclipsed by the larger Wickes signage, and Home Valu does need some signage to project their new image. The public service signage will also be benefiting the community. MOTION by Mr. Kondrick, seconded by Ms. Modig, to recommend to City Council approval of special use permit request, SP #93-02, by Signart for Home Valu, per Section 214. 07.01 by the Fridley City Code, to allow an automatic changeable sign on Lot 1, Block 1, Great Northern Industrial Center, generally located at 5401 East River Road, contingent upon the approval of variance request, VAR #93-01. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated the special use permit request and the variance request will go to City Council on April 5, 1993. PLANNING COMMISSION MEETING, MARCH 10, 1993 PAGE 4 2. CONSIDERATION OF A LOT SPLIT REQUEST, L.S. #93-02, BY MILDRED KING: To create two separate parcels, Parcel A and Parcel B, described as follows: Parcel A: All of Lots 19 and 20, and the west 6.00 • feet of lot 21, Block 15, Fridley Park Parcel B: All of Lot 22 and that part of lot 21 lying easterly of the west 6.00 feet thereof, Block 15, Fridley Park This property is generally located at 71 - 63 1/2 Way N.E. Ms. McPherson stated the property is located to the west of the Burlington Northern tracks and east of East River Road. The property is zoned R-1, Single Family Dwelling, as are all surrounding properties. Ms. McPherson stated the proposed lot split is to create two single family dwelling lots. The subject parcel is comprised of four platted lots from Block 15 of Fridley Park Addition. If the entire subject parcel was vacant, a simple division could occur along the lot line between Lots 20 and 21 thereby creating two lots, 80 by 126 feet. However, there is an existing single family dwelling on the subject parcel, and the proposed lot split will create a lot 86 feet by 126 feet which will accommodate the 10 foot setback requirement in the R-1 zoning code. The remaining lot will be 74 feet by 126 feet. Both lots meet the minimum lot area requirements of 9, 000 square feet. There are no outstanding special assessments on the subject parcel. When the dwelling was originally constructed, two sewer and water services were assessed and paid for, so each lot will have its own sewer and water service. Ms. McPherson stated a park fee of $750 will be required to be paid at the time of the issuance of a building permit for the second parcel. Ms. McPherson stated that if the Planning Commission recommends approval of this lot split, the motion will need to acknowledge that a variance is being granted for the vacant parcel. This action is permitted by the Subdivision Ordinance and should conform to the stipulations in Section 211.05 of the Subdivision Ordinance. Ms. McPherson stated that staff recommends that the Planning Commission recommend approval of the lot split request with the acknowledgement of a variance being granted and with the stipulation that a park dedication fee of $750 shall be paid at the issuance of a building permit for Parcel B. PLANNING COMMISSION MEETING, MARCH 10, 1993 PAGE 5 Mr. Newman stated that it is his understanding that if the Commission recommends approval of this special use permit, the variance that would be granted is 1 foot. Ms. McPherson stated that is correct. Ms. Aldys Miller, Edina Realty, stated it is the intention of the seller that it would be easier to sell the property if the property is split into two separate lots. The existing house is in need of some repair. It is also difficult to get financing to purchase a large lot with only one small house. Mr. Barry Aamold, 13216 Crooked Lake Boulevard, stated he has a purchase agreement on the property adjacent to the new lot at 39 - 63 1/2 Way N.E. He stated there are several double bungalows in the general vicinity of 63 1/2 way. His concern is that the lot not be subdivided for a multiple family dwelling. Ms. McPherson stated the property is currently zoned R-1, Single Family dwelling, so under the present zoning district only a single family home can be constructed on the new lot. MOTION by Mr. Sielaff, seconded by Mr. Saba, to recommend to City Council approval of lot split request, L.S. #93-02, by Mildred King, to create two separate parcels, Parcel A and Parcel B, described as follows: Parcel A: All of Lots 19 and 20, and the west 6. 00 feet fo lot 21, Block 15, Fridley Park Parcel B: All of Lot 22 and that part of lot 21 lying easterly of the west 6. 00 feet thereof, Block 15, Fridley Park This property is generally located at 71 - 63 1/2 Way N.E. Approval of the lot split acknowledges that Parcel B does not meet the minimum lot width requirement of 75 feet. The lot split is also contingent upon the following stipulation: 1. A park dedication fee of $750.00 shall be paid at the issuance of a building permit for Parcel B. Mr. Newman asked staff if there is sufficient documentation to substantiate the basis for the variance. Ms. McPherson stated, yes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. • PLANNING COMMISSION MEETING, MARCH 10, 1993 PAGE 6 Ms. McPherson stated this item will go to City Council on April 5, 1993 . 3. RECEIVE FEBRUARY 1, 1993, PARKS & RECREATION COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Ms. Modig, to receive the February 1, 1993, Parks & Recreation Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE MARCH 2, 1993 , APPEALS COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to receive the March 2 , 1993 , Appeals Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. OTHER BUSINESS: a. Meeting with City Council Ms. Dacy stated that at the March 24 meeting, the Commission will need to set up a meeting date with the City Council. The Council wishes to meet with every commission to discuss Commission goals, ideas, and concerns. The Commission should think about some issues they want to discuss with the Council. b. Intern Ms. Dacy introduced Dan Olson, a graduate student from Mankato State University, who is currently working as an intern in the Community Development Department. ADJOURNMENT: MOTION by Mr. Kondrick, seconded by Mr. Saba, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Newman declared the motion carried and the March 10, 1993, Planning Commission meeting adjourned at 8:00 p.m. Res ectfully "omitted, / e- 44(tIA- -Ly fe Saba / Recording Secretary STAFF REPORT rEal . Community Development Department Appeals Commission Date Planning Commission Date : March 24, 1993 City Council Date REQUEST Permit Number SP #93-03 Applicant Richard Kedrowski Proposed To allow a second accessory structure over 240 square feet Request Location 6584 Anoka Street N.E. SITE DATA Size 15,480 square feet Density Present Zoning R-1 , Single Family Dwelling Present Land Use(s) Residential Adjacent R-1 , Single Family Dwelling on all sides Zoning Adjacent Land Use(s) Residential Utilities Park Dedication N/A Watershed District Rice Creek ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Considerations RECOMMENDATION Staff Approval Appeals Commission Planning Commission Author MM/dn • SP #93-03 ' Richard Kedrowski THIS IS A COMPILATION CF RECORDS A 93 I T. 3 0 R. 24 THEYOFFIAPPECES AR AFFECTING THE ANOKA COUN1 I THIS DRAWING IS TOTHE AREA E USED ONLY EC REFERENCE PURPOSES AND THE COUI FR/OL EY TY IS NOT RESPONSIBLE FOR ANY it ACCURACIES HEREIN CONTAINED. 539/3 • : 3 2 i `^yQ am NECORNER a .'l7 .�..- ." ..- ... 1. !, ..fs....-.. "'._.� SEC./J n�uL C41�NYSS;,--R9q$ =H=- r .-i-_ 6., . co p , igi,..:•. , Z T 'Y t ill(+ -. 2/I9+( ~_;-_�,` . 3' ^�n+ a Qd M nl �� •p ,. 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'I . ..^I P( •�-f-Alb-M�Y 'N�--►tl6-- �".' .. 4-4 - a E// RNER t:. SEE 13 0 "' 5 ROLAND W. ANDERSON A" + .,COUNTY SURVEYOR Ail COMM ,u � wnrsorn _--._..._- Al .('J7 A LOCATION MAP Y SP #93-03 Richard Kedrowski 1 1 • • •9. i _ '. ,Y'• • • • • • • • • • • _ • 1111��____ ,,,_ • • • • • • • • • • • •Ip • • ♦ • C_ V • • • • • • • • • • •• ' e'4 /4 /7 /B /! ro ? E••S ,w • • • • • • • • • • • i w• . .. •• • • • • • • • • • • • Sv �raei tact 2" �' 't.'T+� 1 i �•i,•iJ•i '• �•• • •.• • • • • • 1 /a `' 7` J ' V - trailTiete f6E1 :aS'▪'*u°1' _ _ 68 _ N AVE_ NE- ` J •A ~�' ,, y •• • • • • • • • • • • + to r r•• • • • t •• • • • • • • it 4� ' C . j f4, • ''r' ♦"' ti C4,- '�• (f)I - . "..; s x' (‘: ' Cf" er•J% .: ; i ! 1 Tie 1 R IC- 4,Pft E E K Cals., j , _ /t' Py4RK 11 }T/� {sue ys�� s k„ ci 1 •••• -'i 4-N 4-I 4 L- . `.:1 rig N ' 1 (�. .1 i zAeE. • — `w' R' E u �: �i� . '611.1. 59, es IL. .. . . 14wrai 2 7 .;:- .4 4AQD! it Q M ã �( — •:: . .TH. AVE. N.E i � — C, • I�5TH 4 •.3.2 •: M1111.1211111 ' 12 1� 6• - • EN i • 4 / ff / .'.. , ion ; .!. ..., • . . T W ER �. 71111 �' I iI _iZ s• rn 1 ' �' Y �7 i 6 it y if ifit .ii A -. Akkit# Ilii LA MI ' - 7 111 g 7 ii' 3 • . 4res, rmiril ill , 4444:4, _Iict 1 =m1_, a , , tic ILA1CCICC100.1 - CTOFCT • ZONING MAP Staff Report SP #93-03, by Richard Kedrowski Page 2 Request The petitioner requests that a special use permit be granted to allow a second accessory structure. The request is for Lot 1, 2, and 3, Block 4, Oak Grove Addition to Fridley Park, generally located at 6584 Anoka Street N.E. Site The subject parcel is located in the southwest quadrant of the intersection of 66th Avenue and Anoka Street. Located on the property is a single family dwelling unit with an attached two car garage. The property is zoned R-1, Single Family Dwelling as are the surrounding parcels. Analysis The dwelling unit was previously a "basement" house with the detached accessory structure as the garage. The petitioner recently completed construction of a 42 ' x 26' dwelling and 27 ' x 24 ' attached garage. The petitioner was informed that in order to maintain both the attached garage on the dwelling unit and the second accessory structure that a special use permit would need to be granted. The structure appears to be in good condition structurally, however, it could use a coat of paint, especially the eaves and soffits. The second accessory structure does not adversely impact the lot area and it meets the minimum setback requirements. Recommendation Staff recommends that the Planning Commission approve the special use permit request for a second accessory structure with the following stipulation: 1. The structure shall be painted by August 1, 1993 . SP #93-03 - Richard Kedrowski It Locr.-rior.l Survey for RICNRR-D J . KEDROA/V5K I I - fVE N - . vo - — 12 9 PLAer 1213,35 Meru, - t� 0 N: ---_ 3(0.8i" - ,1 r: I I it �� I A m '` 9 N '- —,-- / I -- --TI _ >o i r J z1.3 _ i ) -.. ---, 'f,11 N k/ ` 0- . 1 � ' A o au)- i ri . i'v-.„! ii ,i pi t, i / 1 . \ 57+ _ - 1 U \� I ``ouvn --- 122 PLAT -..- 17.- L o-T- \ ) Z . , LO _ c-K c 0 ‘c GoEv E._ iND VI- n cou NTY SITE PLAN SUBJECT PERMIT -- City of Fridley _ 19636 AT THE TOP OF THE TWINS B U I I DING P E R A A I T r D L "'v, 1 1 1 it.`y COMMUNITY DEVELOPMENT DIV. r i PROTECTIVE INSPECTION SEC. 9/ .S/ E 0"'--1 CITY HALL FRIDLEY 55432 NUMBER 'REV DATE PAGE OF APPROVED BY ‘."". %'J 612-571-3450 910-F15 8/18/88 / / JOB ADDRESS 6584 Anoka Street N.E. 1 LEGAL LOT NO. BLOCK TRACT OR ADDITION SEE ATTACHED DESCR. 1,2,3 4 Oak Grove Addition SHEET • 2 PROPERTY OWNER MAIL ADDRESS - ZIP PHONE Richard Kedrowski 1293 Woodbridge Street, St. Paul, MN 488-1989 3 CONTRACTOR MAIL ADDRESS ZIP PHONE LICENSE NO. Same 4 ARCHITECT OR DESIGNER MAIL ADDRESS ZIP PHONE LICENSE NO. 5 ENGINEER MAIL ADDRESS ZIP PHONE LICENSE NO. • 6 USE OF BUILDING Residential . 7 CLASS OF WORK 0 NEW DX ADDITION 0 ALTERATION 0 REPAIR 0 MOVE 0 REMOVE 8 DESCRIBE WORK Construct a 42' x 26' Dwelling and a 27' x 24' Garage: Existing basement house 9 CHANGE OF USE FROM TO -- -- ---- — _- ♦ STIPULATIONS Remove existing garage within 45 days of completion of new house and garage. Maximum cantilever in front to be 18" to maintain 35' setback. See notations on plan. Provide a hard surface driveway. W 101HG t;lities Before digging cast local u SEPARATE PERMITS REQUIRED FOR ZELEP1°1'4 EtECjR1C-GAS Et WIRING, HEATING, PLUMBING AND SIGNS,. REQUIRED BY l SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING,HEATING, TYPE OF CONST. OCCUPANCY GROUP OCCUPANCY LOAD VENTILATING OR AIR CONDITIONING. THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION ZONING SO.FT. CU.FT. AUTHORIZED IS NOT COMMENCED WITHIN 60 DAYS• OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS AT ANY TIME AFTER WORK IS COMMENCED. NO. DWLG. UNITS OFFSTREET PARKING , I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION 1 STALLS (GARAGES AND KNOW THE SAME TO BE TRUE AND CORRECT.ALL PROVISIONS OF LAWS VALUATION SURTAX AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED $107 000 $53.50 WITH WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OF A PERMIT $107,000 NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PERMIT FEE SAC CHARGE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CON- STRUCTION OR THE PERFORMANCE OF CONSTRUCTION. $664.00 PLAN CHECK FEE TOTAL FEE $717.50 GNAT E F N:RACTOR(DR AUTHORIZED AGENT ID TEr _ WHEN PROPERLY L ATEO THIS IS YOUR PERMIT /$ S hAoQ c_t1i /G ° S•GNATUR a Ovv NER,ic OvvNER BUILDER. r ATE. BLDG .NSP rrcrI/ -31 CITY OF FRIDLEY p 6431 UNIVERSITY AVENUE N.E. FRIDLEY,MN 55432 (612)571-3450 COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL USE PERMIT APPLICATION FORM PROPERTY INFORMATION-site plan required for submittal; see attached Address: - .�f Svee-4- Property Identification Number(PIN) Legal description: Lek 1-22 Lot Block Tract/Addition Current zoning: Square footage/acreage /S "1•4 Reason for special use permit: ,?e,,et5 , Silit /-C- , Section of City Code: 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 Purchasers: Fee Owners must sign this form prior to processing) NAME 1f elt 'J. ow -i ADDRESS £oc - - _ 2- ate 'Y DAYTIME PHONE -e - SIGNATURE - DATE // � 11 ! 3 PETITIONER INFORMATION NAME - a� aver ADDRESS DAYTIME PHONE SIGNATURE DATE Fee: $200.00 100.00 � or residential 2nd accessory buildings Permit SP# 3 ipt# 36/7 Application received by: Scheduled Planning Co mission date: 2-4-1 Scheduled City Council date: - 1 SI i'i�- • PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, March 24, 1993 at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #93- 03, by Richard Kedrowski, per Section 205.07.01.C. (1) of the Fridley City Code, to allow accessory buildings other than the first accessory building, over 240 square feet, on Lots 1 through 3, Block 4, Oak Grove Addition to Fridley Park, generally located at 6584 Anoka Street N.E. • Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than March 17, 1993. 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 the Fridley Community Development Department at 571-3450. DAVID NEWMAN CHAIR PLANNING COMMISSION Publish: March 9, 1993 March 16, 1993 Planning 3/5/93 SP #93-03 Richard Kedrowski MAILING LIST Council Richard Kedrowski Alex Sawicki Planning Comm. Chair 6584 Anoka Street N.E. 6583 Arthur Street N.E. Fridley, MN 55432 Fridley, MN 55432 City Council Members Alden Hirsch Deborah Wood Diane Haida 6572 Fridley Street N.E. 6583 Arthur Street N.E. 6627 Anoka Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Richard Ebert Kevin Austad Dale Meyer 6549 Anoka Street N.E. 6544 Anoka Street N.E. 6576 Anoka Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Daryl Parks Arthur Demeyere Darren Cockeram 6563 Anoka Street N.E. 6620 Anoka Street N.E. 6562 Anoka Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Richard Giles Barry Larson Bradley Peterson 6575 Anoka Street N.E. 6600 Anoka Street N.E. 6633 Arthur Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Raymond Janey Curtis Hagen 6595 Anoka Street N.E. 6611 Arthur Street N.E. Fridley, MN 55432 Fridley, MN 55432 James Klang Ashok Singh 6594 Fridley Street N.E. 6601 Anoka Street N.E. Fridley, MN 55432 Fridley, MN 55432 Peter Lazorshak Daniel Snee 6584 Fridley Street. N.E. 6615 Anoka Street N.E. Fridley, MN 55432 Fridley, MN 55432 Carol Uecker Ronald Newport 6545 Arthur Street N.E. 1494 Creek Park Lane N.E. Fridley, MN 55432 Fridley, MN 55432 Harold Corrie Donald Klarkowski 6553 Arthur Street N.E. 6560 Arthur Street N.E. Fridley, MN 55432 Fridley, MN 55432 Richard Ronningen Stephen Jackson 6561 Arthur Street N.E. 6616 Arthur Street N.E. Fridley, MN 55432 Fridley, MN 55432 Colin Gerrety William Carlson/Carroll Breman 6573 Arthur Street N.E. 1495 Creek Park Lane N.E. Fridley, MN 55432 Fridley, MN 55432 ,., r C7' STAFF REPORT r E Community Development Department Appeals Commission Date Planning Commission Date : March 24, 1993 City Council Date REQUEST Permit Number P.S. #93-01 • Applicant Anderson Trucking Service, Inc. Proposed To replat property generally located at Osborne Road and Request Central Avenue. Location SITE DATA Size 11 .02 acres Density Present Zoning M-I , Light Industrial Present Land Use(s) Predominantly vacant; trucking terminal located on Lot 5. Adjacent M-1 , Light Industrial to the South; C-2, General Business to Zoning the West; C-1 , Local Business and R-1 , Single Family to the East. Adjacent Land Use(s) Retail/office to the West; vacant to the South; residential Utilities and retail/office to the East. Park Dedication $.023 per square foot Watershed District Rice Creek ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Considerations RECOMMENDATION Staff Approval with stipulations Appeals Commission Planning Commission Author MM/dn P.S. #93-01 - • Anderson Trucking Serv. • N //2 SEC. /2, T. 3O, R 2 41 CITY OF FRIDLEY • • 21 ,t. 12 ) N/�'�CORNER_ ' SEC/2 -zrrA+B�-I-, ,-THW(.—N ; _.. - �� ROAD i R s,.... ..yd;- a COUNTY ROAD NO. IOO ""' • MP'Rr ,, „.. i;I,GANZ/ „ . Ai aR�, i -..(� clT,r MITs,-p <• ,. ly) NuiNza. Bo • In <o �. ; '�47 . 3 2 FRI�IEY��> > 91 T ON I .., 49-s I o.� r:,, � A NDERSON �,,g i �{ 1 s , ". `:9. as �o+:e DRIVE : 1 le 0: :14 .., (,,,, Z ,i Gao) ;e,. , • ,...mairisigni �JJ��, e ;°:.l.7o.y °t y'1 ✓r Y l y l • (z40) (1s) . ( ( /I ' 2,2, wwO Y..,,,1, ` 54) 1 ... ��/9 I Zo 25 ,. 26a9 R�3 re. /� 4, Ei DEVELOPMENT W''4) \'i' •'�41 r1 r-7-•..----7C TII """'AVVCNUE- 117b" N.C. ii • 1121V7Pirg1"/' .7i Er- IA' N rN. I, /L ;.r N ga//,/ N+tl() •. . p g.0 / 9 Q� 6 _+ ' I l 11 ei • • .� gyp, � � ) iiriii .c. ,'), "om (h ' I I }.41E` — _ - _/— I — t. I�.y ../iI!3' . _ _ ... _ = Vjsi I c...v, m C7 M,/r4+rFOwwK2/'i%,Ya6ee✓ I 1,.. .11V ;NNW. St%,. i lt'' ' 02 9 i - ° . 2E., r I I' I ,,,CC 1 FIRESJPF EINIMINI/4..)) `'en i H �,L„ ,. / DRIVE u,,, I W t ° i ,FIRESIDE ,. DRIVE ,..'�;`‘$s; 10 I • - La I I 1.I ��") y 3 i /1 U) F) v</e.a�...4 a) M. IL ' _ t ..._.- ,t "H"' ;I i,ter.« �,v.�.. *MN: 2 ring /A 4 41) i1 (11 ` ON.N''A 1 a � �Y4LNU n . lF �..) a CENT''AL2nd //EW MANOR / ' )(" ADD/T/ON ; ; M ' ('- 2' 44 „ 17 = rol 35 ,1'/ (n (3Z a:b,. 9(,).(,.(il 641 f ,(��(0).(mo or „); r 48 ` i2 se. .? ezy. m / 1/,e/� /s?/41z { / .1314�� Ti1 731/2 AVE. N.E.`t . - • 4 ' ,, 777" i UM§ (�(0 14, t) ' sa, /� V 21M /[J .I 1 aI /r. ,'' / 2; 3? f:s c I • 12=4 ..,,r, ,u :.°) --, --J....k.,_ �- """ �CEN EN9 COUNT �N0-9--? M I z IEC./YI I 1 ! 24 3 13 • • 164' 1 LOCATION MAP P.S. #93-0I Anderson Trucking Serv. Osborne Road -.•.-.Lb. - l A. J ��4 aili OPM /• 114111111111301MA lia Ntr MOO ,...s210� 000 0 lbw P 0 rrrii�irriIiili�'� �."° ► ittfAI A�1111111. / • .# is: ® 1 ~NPR ©�. 11,1,1.,1,1!�I,I,I,I,I,I,AI, SittOr4411N111 l t(FM ®am �M � ��- IiJi!f I Al 41/11r ' eA au mER, /z ! 1': I 6 ....................... I}I} /4 I'f 6 i 4 . 5 4 ri ll 5, ": 1. 75Th GvENUE N 1*)1g!! X5TM. t;';' .: coo'o`o'o 0 b o°o°o°o°o°o°o° ♦-� 0 0 0°0 °a°o o°o o o o •• all:l llq� /o i 00000000° ♦♦ 0000 o°o°O0°0000000 arm: q ,h 00000000 ♦♦.�000000000°o°o°oo°o°. ••!•�:• I s �'u i 'o°o°o°o°o°o°o°,0P'♦♦ ..o o°o°o°o o°0 0 0 0°i co 0°o c i:ko►a 6 6 A �tv _�/ 3 Ageoggivs°°°°°° ♦♦goo°o°oo°0000 o°o°000° 'S 's - ' - „J f 4 ♦♦ 000000000000000,� ::;�.�:: �I♦♦♦ •°o°oboo°o°o° con,°°000°o°o°.3 41 9,,„ c e .j P ,.i.) r 'i! �� o 0 0 0 0 0 0 0.. �°00000000000°0°00°o°oo°c C • r 0000000o 22' gr SjREI o o°o°oo°o°o°o°.�♦�� o°o°o°o°o°000°oo°o°000°o°c q♦♦� ► e/1 ' uo.'�iil ,3�w0 • 3z I 1 �M'� ° J ♦♦.♦.•.♦_<INig '� N IS 21 24 24 7i� 9 075 1 l'o«/-":Mirrn Vietr?.• . ' / , ohuKu ■ }•4 �4 Na /2S G6 = J 3 4 AVE ' I ♦ . r tom y • • • • • • • • , 7 , , . , 79 I 70 •0' •V N E N.E. —w--+-+ • • • • 1 ._ • • • • • • • • s .�ica. r• eift..,4044.26rAllait� . Q U • •z <19 22a6U!MAW - •. n1.1 nlc on nDc)Lilt - - uc . • I 1 ZONING MAP Staff Report P.S. #93-01, by Anderson Trucking Service, Inc. Page 2 Request The petitioner has filed a plat application to replat the Anderson Development plat. The property is generally located in the southwest quadrant of the intersection of Osborne Road and Central Avenue. Site The property is comprised of 11 acres which are predominantly vacant. There is a small trucking terminal located on existing Lot 5 in the southern-most portion of the subject parcel. The property is zoned M-1, Light Industrial, as are properties to the south. The property to the west is zoned C-2, General Business, and the property to the east is zoned both C-1, Local Business and R-1, Single Family Dwelling. Analysis The proposed replat would vacate the existing lots and easements dedicated on the original plat of 1961. A vacation request may be necessary to vacate the easements. Staff will verify this with the County Recorder and Surveyor. The new plat would be comprised of three lots, Lot 3 which totals 4. 11 acres would be for the existing trucking terminal, Lots 1 and 2 total 2.95 acres and 3.98 acres respectively, would be vacant. The petitioner has a potential purchaser for Lot 1. The Fridley Bus Company may purchase proposed Lot 1 to relocate its facility from Main Street. We are awaiting site plans to determine whether a special use permit will need to be processed. The original special assessments for sewer and water were waived for a majority of the original plat. Special assessments will need to be paid for Lot 1 for sewer and water laterals. While there is a water main located in Osborne Road, the closest sanitary sewer line is located in Central Avenue. A utility easement will need to be dedicated across the southern lot line of Lot 2 in order to provide sewer access to Lot 1. In addition, the City will request that a maintenance agreement be executed and recorded against both Lot 1 and Lot 2 for the maintenance of the sewer lateral for Lot 1. This will ensure that the owner of Lot 1 will maintain the private sewer lateral crossing Lot 2. In 1961, the record is not clear as to whether or not a park dedication fee was paid at the time of the plat. Staff has calculated park fees for Lots 1 and 2 which will be vacant. Both fees are required to be paid at the time of building permit. Staff Report P.S. #93-01, by Anderson Trucking Service, Inc. Page 3 All three lots meet the minimum lot area and lot width requirements set forth in the M-1, Light Industrial district regulations. Recommendation Staff recommends that the Planning Commission recommend approval of the proposed Anderson Development Replat to the City Council with the following stipulations: 1. Special assessments of $1, 640.25 shall be paid for Lot 1, Block 1, Anderson Development Replat. 2 . •A park dedication fee of $2,951. 10 for Lot 1 and $3,987. 16 for Lot 2 shall be paid at the time of the issuance of a building permit. 3 . The owner of Lot 1 shall execute and record against both Lots 1 and 2, Block 1, Anderson Development Replat a maintenance agreement which ensures that the owner of Lot 1, Block 1, shall maintain the private sewer line located on Lot 2. 4 . Permits for the number and location of driveways shall be obtained from Anoka County prior to issuance of a building permit. I 4 �= cs d `_` I. - •_ - 0 . o`= I. P.S. f�3—( 1 l W =:ae Anders n ucking Serv. o f '- s:6 0 0 = - E. c w- y x Y> V r- . 2., a: a I e E y c V <: r - _ _ w< as _ - H - - W .i W e -- W _Y�w -.- IlIf • Wa 3a. _ _ . 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I I: I^ I I I 1� I I 1 I �,`a I --L-00'00Z-- 19 I • Vla IN • q ' 1 I oo"osz I I I e I 1 �"- I W sc1 I I 2 L• Ie I I - e L - lot o W (+ IoI • m iH to I I 'c O I I 2 Y ki, y I 1 ! I O - 1 trot v sL1 = . I I I .. I N :E j 1 {� ft Iff fC �- i I :�, .2 ea 1 I tK-y. 6 •y 1 I 1 3: t i '�•�9 N I .r 1 '' ` tl e 1 N. Z I I__ - • 1 �d t I -�--. s'1 CJ • • 1 -tt 7 L___ a I {MN J.j 3N le 't7 OZ[ Ier3 I. ..II I -� zo� t� I 1 1 M ,, _ __- I1 ,•- • -.CL�••.- d CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY,MN 55432 (612)571-3450 COMMUNITY DEVELOPMENT DEPARTMENT PLAT APPLICATION FORM PROPERTY INFORMATION- site plan required for submittal; see attached Address: 7699 Central Avenue NE Property Identification Number(PIN) R12 30 24 21 0010 thru 0013 CX0-1 Legal description: Lot, 1-5 Block 1 Tract/Addition ANDERSON DEVELOPMENT Current zoning: M-1 Square footage/acreage 11.02 Acres, +/- Reason for plat: Revise lots with 2 less lots. 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 Purchasers: Fee Owners must sign this form prior to processing) NAME Anderson Trucking Service, Tnc. , ADDRESS 203 Cooper Avenue North, St. Cloud, MN 56302-1377 7 DAYTIME'PHONE 1-2 5-7400 SIGNATURE:_��---,Cfde 4 SE= 94-/T,��•�s</ZA- DATE /9.3 PETITIONER INFORMATION NAME Same ADDRESS /� T�� AYTIME PHONE SIGNATURE 7G L.�,94//� `�11f� `'�, tr �,c� DATE /47A Fee: $500.00 for 20 lots $ 15.00 for each additional lot Permit P.S. # -01 Receipt# 3S� Application received by: M. tAX Scheduled Planning Commission date: tk1 cJ. VI" 16i- Scheduled City Council date: Planning 3/5/93 P.S. #93-01 Anderson Trucking Service MAILING LIST Council Anderson Trucking Service, Inc. Meadowmoor Inc. Richard McCoy 203 Cooper Avenue North Ed Chies 1320 - 76th Avenue N.E. St. Cloud, MN 56302 7651 Central Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 David Harris Brian Loso 6279 University Avenue N.E. William Compton 1334 - 76th Avenue N.E. Fridley, MN 55432 7627 Central Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Dooley-Pomaville Partnership Kenneth Wasche 7501 Highway 65 N.E. Nancy Melbie 7551 Central Avenue N.E. Fridley, MN 55432 1346 Meadowmoor Drive N.E. Fridley, MN 55432 Fridley, MN 55432 Current Tenant Mike Mancuso 1200. Osborne Road N.E. Mark Sadusky 7561 Central Avenue N.E. Fridley, MN 55432 7651 Meadowmoor Drive N.E. Fridley, MN 55432 Fridley, MN 55432 Current Tenant Kenneth Shervey 1150 Osborne Road N.E. Richard Morin 7571 Central Avenue N.E. Fridley, MN 55432 7635 Meadowmoor Drive N.E. Fridley, MN 55432 Fridley, MN 55432 Gerald Jackson Terry Hajder 6429 Colfax Avenue North David Todd 7567 Central Avenue N.E. Minneapolis, MN 55430 7619 Meadowmoor Drive N.E. Fridley, MN 55432 Fridley, MN 55432 Timothy Dwyer Chiropractic Clinic 7613 Central Avenue N.E. Steven Thill 7699 Viron Road N.E. Fridley, MN 55432 7603 Meadowmoor Drive N.E. Fridley, MN 55432 Fridley, MN 55432 Donald Stearns Midway National Bank 7601 Central Avenue N.E. Four Star Realty 1578 University Avenue Fridley, MN 55432 7691 Central Avenue N.E. St. Paul, MN 55101 Fridley, MN 55432 Narayan Agrawal Current Tenant 1345 Meadowmoor Drive N.E. Khaled Hassan 7585 Viron Road N.E. Fridley, MN 55432 1326 Osborne Road N.E. Fridley, ,MN 55432 Fridley, MN 55432 Jerome Banick Planning Comm. Chair 1331 Meadowmoor Drive N.E. Current Resident Fridley, MN 55432 1328 Osborne Road N.E. City Council Members Fridley, MN 55432 Richard Carlson/Curr. Tenant Andeson Trucking Service 7671 Central Avenue N.E. Moharram Akbari/Cur. Res. 7600 Central Avenue N.E. Fridley, MN 55432 1344 Osborne Road N.E. Fridley, MN 55432 Fridley, MN 55432 Richard Carlson 6150 Benjamin Street N.E. V Moharram Akbari Fridley, MN 55432 Vy., 7370 Concerto Curve N.E. Fridley, MN 55432 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, March 24, 1993 at 7:30 p.m. for the purpose of: Consideration of a Preliminary Plat, P.S. #93- 01, "Anderson Development Replat", by Anderson Trucking Service, Inc. , to replat Lots 1 - 5, Block 1, Anderson Development, generally located at 7699 Central Avenue N.E. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than March 17, 1993 . 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 the Fridley Community Development Department at 571-3450. DAVID NEWMAN CHAIR PLANNING COMMISSION Publish: March 9, 1993 March 16, 1993 imi STAFF REPORT APPEALS DATE CI1YOF PLANNING COMMISSION DATE : May 16, 1990 FRIDLEY CITY COIRVCIL DATE March 24, 1993 AUTHOR MM/dn REQUEST PERMIT NUMBER SAV #90-02 APPLICANT City of Fridley PROPOSED REQUEST To vacate that portion of Broad Avenue lying north -of Lafayette Street to the Coon Rapids city border. LOCATION SITE DATA SIZE DENSITY PRESENT ZONING R-1 , Single Family Dwelling ADJACENT LAND USES North-Single Family; East, South and West-R-1 , Single & ZONING Family Dwelling UTLITES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO Yes COMPREHENSIVE PLAN COMPATIBILITY WITH Yes ADJACENT USES & ZONING ENVIRONMENTAL Will need to provide pedestrian access from bituminous CONSIDERATIONS bikeway/walkway located in Coon Rapids within their Broad Avenue right-of-way. STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION T SAV #90-02 City of Fridley f r , it 4 it • N. CORNER - • v +.'\ .vw ,r... r•.. ..,.. �" �� ` "Qv +`\ , SEC! - •'1.. „„_• .• ,. .1,.., kO ri• ' • REVISED AUDITORS ��` 19 { 3 s ��• a. ;J : \,....\ i, , i r,_ ,. 2 M < ..` .• .;,; a ', .10) 4 ••'�'- 0 4 ,"N ,. e,.. 3 1 . Z ` .. << • ") $,�' � :`� ; SUB. NO. 103 a) a h d (u) I, A(t) - . �', ::.... . 5(7). - 1011 : LIU 3 iisg, • (,),7 { 0 liMilig9 : i-,,,,, ,, _., _lieso, , ,,,-_,, • i OWG (� a •. /4 1 ,3 AAA /2 y //) %�i - )3 j,) v) c. j.. J a. s<r 1i .. ., `l� ,. f «9' ,1• aft • a• ISSISSIPet•, BLVD. ; o a h .I' 34 ,„z • c 7 • a • 1 :( ' °,yet) ZE ,-.•' -�',• • ' O ..., f yam_T•' '•� IL.: Y,.•:`,:-.(n) )..r '--7,- pny�' `', s • • AUOc• S 14 . zz .) 1 ,.••.-r• ,i,t ,.+,+"ry ' - --- - �'.� � +� �t' CITY OF NO, IO I 15REv- •z3 '' ,\ , +,p.v r- '' - • •• , - COON RAPIDS 14 11 N/l'F.% r' n. .-spit Y:i 'fir. M: v �'•� -1— --r• ,�,-; ' ,. . 1 'li E/6 � Vitt* ,.e� •- •.A• v F.<' .}-CITY OF� : _ • ' ,+: T ' r, f .w••j % as a RIOLEY AUO SUB • ,= I • t x o ,"v,� tRE P� ,i��• 2. i n.• , .l.; 8 /ry •.« 'J i 4'c, + r ..j C„ ' W ~`'•N �. . o v .a,sa 1.. ',i R ID s� <ia. k- 21 22, 23i o � 'to- •:' ;Wry Tt• .\ v+^ 1� W ' ', -'A i •' -- A D. i I f^`--r�`.4` /' —•{_.'1 �i+� • a • • r 4 r\�. - •, J•1,, \ IROtij9N STR€E1 _Xg ' ''' ,g'F' ',vim ES.r r y �^'� v; z,, �T y• . t w` r,t>r* Fd VA'W/, `v,R OA Q 'i 9, C U/NA , , I*�c R"`"i r K.a a, 'a ,' 1,.4 r .'.,,,,- 1 1 r E } t y- v's i,�µ 'IT',•\'k �,�'W1M'•'1' A y{. / ,•OW //• . •' . j ,"1".' '''"? , nrs%.Y 161( KA �' ama1 -J _•_1 .�.'�r \a '',• .,* X �w� '. " Hu act ' SIt{tt. z 1 • '• � r L r °rC ,� eri,t `�i • V A'e#-'I c� 't ,� r µ W I!'n ' "' - wo '7 ',t ~ • .+� '..A.�' ELT an Js v.0. O lA i_ `tF=";r . .3..1' n1• ,,� M' r '0�' !, ,q N;p, "v a ,'n) .,>j : .�:. -„ .• r,• . > In `1MI, ',, ,S, .),*)M Win'„•\`/ ��1 X i. % p• Rl r -, :n` H M voi,r"''... ,.. w 11``(4 s,�00',,, e, . 1 . ..z• ; '•FAI MON :N . r • !� U _ , .MI 't'u ,WP.•,'r5: G �"`��"t -T t—. `• -_ —t"" lNl is, • c �e,',.A.,,,, ',A "P, N M,f,. �Y .c s • \ve ,_,. M bM, .,wM `.� ; Y !) 1 „si 3.3 A' p -Yz" �,• �1.1aN +�,,,, /f s� � " ,a� .,'CIRCLE f►r:.. -�l �t n'.MO C 11 �,`. ` .-^ ,ram ��e ' J in r SEC 5 :Sit LOCATION MAP , SAV #90-02 City of Fridley 13 - \1 d 1 CC N Co t ACity of Coon Rapids \ \ THOMPSON•v i io s S a•i #1 RIVERVIEW 0 • HE/CHrS • • •aint,tallki .610.1\ _ \toe iimillf.r. IV \ , .01t. y leilliNgA zr 'CliktiMillilla. . 11111 fir_• }�� i* f IRON TON s alict•nows.-Inr; RV - ;Q©�ti � i 1 I ' : . rM� z rasteirl .ow- ikinfil 1 t' LI% • J4PARK !I i NEI allitillaili ZONING MAP Staff Report SAV #90-02, by the City of Fridley Page 2 Request The City of Fridley is proposing to vacate that portion of the Broad Avenue right-of-way which lies north of Lafayette Street and ends at the Fridley/Coon Rapids border. This is in response to an offer from Mr. and Mrs. Gerald Reierson, owner of 621 Lafayette Street to purchase Lot 26, Block C, Riverview Heights. Lot 26 is a tax forfeit lot and is currently owned by the City of Fridley. The City of Fridley can vacate Broad Avenue and combine it with Lot 26 to create a buildable single family lot. Site The site is currently zoned R-1, Single Family Dwelling and the adjacent property to the north, west, and south is also zoned R-1, Single Family Dwelling. The neighbor in Coon Rapids to the west of the Broad Avenue right-of-way has fenced and maintained the public right-of-way. Along the east right-of-way line is a heavily traveled foot path which connects to a five foot bituminous bikeway/walkway in Coon Rapids. Lot 26 is located east of the Broad Avenue right-of-way and is zoned R-1, Single Family Dwelling and is heavily wooded. Analysis • This portion of the Broad Avenue right-of-way was discussed by both communities in the early 1970 's. The previously-mentioned fence was constructed in 1971 by the westerly neighbor. At that time, the City of Coon Rapids also constructed the concrete driveway within the Coon Rapids portion of the Broad Avenue right-of-way. In 1973, the City of Fridley received a vacation request from Kay Olson which was never completed. Olson was the owner of Lot 26, Block C at that time. In 1974, the City of Coon Rapids proposed to reopen the Broad Avenue right-of-way and construct Broad Avenue from Mississippi Boulevard in Coon Rapids to Lafayette Street in Fridley. At that time, the Fridley City Council received two petitions; one which opposed the reopening and the other which approved of the reopening of Broad Avenue. At that time, the adjoining property owners felt that extending Broad Avenue to Mississippi Boulevard would provide better traffic access to Mississippi Boulevard without having to access East River Road. The record is not clear as to who made the decision but the street was obviously not constructed. The City has four alternatives to resolve this issue: 1. Leave the property as it is now. Staff Report SAV #90-02, by the City of Fridley Page 3 2. The City could vacate the right-of-way and combine it with Lot 26 to create a buildable lot. This buildable lot would then need to be declared "excess" by the City Council and conveyed to a new property owner. 3 . The City could vacate the right-of-way and sell it to the westerly neighbor. 4 . The City could work with the City of Coon Rapids in extending Broad Avenue to Mississippi Boulevard. Please note that under state law, a vacated right-of-way typically is divided in half according to properties on either side of the right-of-way. However, this is only in the case where the properties are entirely within the original plat. In this case, the Coon Rapids property to the west is in a different plat. Therefore, the entire right-of-way will accrue to Lot 26, Block C, which the City now owns. Whichever alternative the City chooses to pursue, it has been recommended by the City of Coon Rapids (see attached letter) that the City of Fridley work to maintain a pedestrian access from the existing bituminous bikeway to Lafayette Street. This will provide safe pedestrian access for both Coon Rapids residents visiting Fridley parks and vice versa. Planning Commission Action - May 16, 1990 The Planning Commission previously discussed this request at its May 16, 1990 meeting. Eleven neighbors attended the meeting including Mr. Richard Bunan, legal representative for Mr. and Mrs. Wetterlund of 8300 Mississippi Boulevard in Coon Rapids. The Wetterlund's own the property adjacent to Broad Avenue. The Planning Commission directed staff to answer several questions prior to the item being rescheduled for Planning Commission consideration. Those questions and their subsequent answers are as follows: 1. What will the lot area be for the proposed buildable lot? 10, 081.46 square feet 2 . Will the lot still be buildable if the City reserves a 15 foot bikeway/walkway easement over a portion of the proposed lot? Staff Report SAV #90-02, by the City of Fridley Page 4 Yes. Adequate buildable area exists for a typical size residence. The City of Coon Rapids has advised us that it may be possible to construct a portion of the bikeway/walkway in the Coon Rapids right-of-way, thereby eliminating the need for the easement along the northerly property line. 3. How will the lot area of the proposed buildable lot compare to other lots in the area? Please see the attachment entitled "Lot areas of adjacent parcels" . The proposed lot is larger than the average size of the six lots in the attached list (9,058 square feet) . 4. What is the cost to relocate the overhead utility poles and pathway in comparison to the market value of the proposed lot? NSP inspected the property and determined that the utility pole could be removed without adverse impact to utilities. NSP does not have any overhead lines attached to the utility pole. However, telephone and cable TV service would need to be relocated. These utilities have not been contacted regarding the proposed cost of relocation, however, the cost should be minimal. 5. What is the actual market value of Lot 26? Combined, Lot 26 and the Broad Avenue right-of-way would be valued between $17, 500 - $23, 000. 6. What is the actual market value of the vacated right-of-way? Because the existing right-of-way is platted for a street, a value has not been assigned. Value is created, however, when it is vacated and combined with the adjacent property. Staff Report SAV #90-02, by the City of Fridley Page 5 7. Are there any utilities located within the Broad Avenue right-of-way or Lot 26? There are no sewer or water services to Lot 26; however, utilities are located within the Lafayette right- of-way. The City paid $1,900 for delinquent special assessments in 1986. The Engineering Department has estimated that it would cost $3,000 to provide water and sewer services. 8. If Coon Rapids were vacate its portion of Broad Avenue to which propert(ies) would the right-of-way revert? The right-of-way would revert to Lot 26, Block C, Riverview Heights in Fridley and Lot 27, Block C, Riverview Heights in Coon Rapids. Housing Programs Since this request was considered in 1990, the City Council and HRA have developed a variety of housing programs. The housing programs include rehabilitation grants and loans, increased rental inspections, obtaining other sources of state and federal funds, and a scattered-site acquisition program. Scattered-site acquisition means the HRA and the City acquire abandoned or vacant properties to demolish blighted buildings or to create opportunities for new single family homes. This parcel is a good candidate for the scattered-site acquisition program. Staff is currently researching with the City Attorney's office the process necessary to have the City convey the parcel to the HRA who would then conduct a process to sell the lot for a single family dwelling. At this time, it is not known whether or not we will be required to go through a formal "bidding process" or if the HRA can negotiate directly with interested parties just like any other property owner. Of the four options identified earlier in the report, staff is recommending that the Planning Commission consider Option #2 as the best use for the property. Staff Report SAV #90-02, by the City of Fridley Page 6 Recommendation Staff recommends that the Planning Commission recommend approval of the vacation request to the City Council with the following conditions: 1. A ten foot bikeway/walkway easement shall be reserved along the westerly and northerly lot lines of the vacated right-of- way and an eight foot bituminous bikeway/walkway be constructed and a four foot high chain link fence shall be constructed on either side of the bikeway. 2. The vacated right-of-way should be combined with Lot 26 to create a buildable lot. LOT 26 , BLOC < C RIVERVIEW HEIGHTS MISSISSIPPI BLVD. CO LI i i 127 ICaGN R�P1Ds ICV Y la 50' OF FR��E 2�+P c1` `+ , f W 21 -st R \ \IER` GN •t S NE LEGEND I.; El 26 \25 • DENOTES FOUND IRON PIPE I' -�� 4- "°j ,? oP x o ` ix, A_ WAI UNK FENCE .------- f Q � Q � I �5 22 o Q > \ �, o I t I— �: 0 35 t 234 c° \t I CITY OF COON RAPIDS r t t CITY OF ,RIDLEY J 50' \ \ S t _ � N O M p S O E R1�v , E w5 3 i 9. 34 t 33 t i R � N � s` 1 \lam o NE ' � so 1 - SARE i - - I KtMg-L O_ 5 0 9 O J-- c)--).. c\I 25 - C T NM w all n ) _ 3 5) U X a \,-, - W C_ Li_ O O `� X r— r- 2 6 \--ci .c____ _1 1 7 2 5 <C X U X _____ 1 5G , 9 --V> i '\ X C - 18' Area of Bikeway/Walkway Easement ___------- -X---N X,/ ) _.--------------- Lot Areas of Adjacent Parcels Fridley 621 Lafayette = 5,500 square feet 611 Lafayette = 5,500 square feet 591 Lafayette = 13,200 square feet 630 Lafayette = 8,250 square feet 612 Lafayette = 11,000 square feet 605 Kimball = 10,900 square feet Coon Rapids Lots 27-32, Block C, Riverview Heights = 20,850 square feet Lot 21, Block 4, Mississippi Oaks = 34,100 square feet Lot 22, Block 4, Mississippi Oaks = 15,400 square feet Lot 23, Block 4, Mississippi Oaks = 14,960 square feet / Community Development Department PLANNING DIVISION City of Fridley DATE: February 1, 1993 TO: William Burns, City Manager FROM: Barbara Dacy, Community Development Director SUBJECT: Lot 26, Riverview Heights, and a Portion of Broad Avenue Right-of-Way The City Council requested additional information pertaining to the potential sale of Lot 26 and the vacation of the Broad Avenue right-of-way in the Riverview Heights area. I have also contacted the adjacent property owner, Anna Ryerson, and she has indicated an interest in purchasing the property at its potential value. In a memo from Scott Erickson to John Flora dated December 17, 1992, the Engineering Department verified that the lot is not serviced with sewer or water. Because the property went tax forfeit in 1978, the City in 1986 wrote off the costs for the assessments for the water and sewer main laterals, street surfacing, and curb and gutter improvements. The total assessments that were written off by the City is $1,902.51. Further, Erickson's memorandum also identified a cost of $5,500.00 to construct an eight foot wide bituminous walkway and to enclose it with a four foot tall fence on either side. The Assessor's office originally gave me a range value of $18,000 - $23,000. I told Mrs. Ryerson that the property was worth at least $17,500, and that an appraisal had not yet been completed, and the appraisal may dictate a higher value. On January 9, 1993 in a phone call to my office, Mrs. Ryerson indicated that she and her husband were interested in purchasing the property at that value subject to the City moving the utility lines on the property and final negotiation on the purchase price. Recommendation Staff recommends that the vacation process to vacate a portion of the Broad Avenue right-of-way be removed from the table and another hearing scheduled for the Planning Commission. Even if the Ryerson's do not purchase the property, we are confident that we Lot 26, Riverview Heights February 1, 1993 Page 2 would be able to sell the property to an interested buyer because of its size and its location. Further, after the conclusion of the vacation process, the City would declare the property excess and pass an ordinance authorizing its sale. I recommend that the City convey the property to the HRA. The HRA would sell it and the proceeds from the sale of the property could be used to augment the scattered-site acquisition fund. The vacation process should not be initiated if the City Council wants to maintain the right-of-way for a future road connection. If that is the case, the item should be withdrawn and the City should simply dispose of Lot 26. Conveying just Lot 26 to the Ryerson's would be appropriate. Should you have further questions, please feel free to contact me. BD/dn M-93-45 11- Engineeewer ri rig rn S LU Y Waler tr cc O Parks 0 Streets V Maintenance W - CC m = a MEMORANDUM TO: John G. FlorarPublic Works Director PW92-392 FROM: Scott Erickson, Assistant Public Works Director DATE: December 17, 1992 SUBJECT: Lot 26, Block C, Riverview Heights ` The following information pertains to Lot 26 of Riverview Heights Addition. According to the City records, this lot is not currently serviced with sewer or water hook- ups. The following cost analysis relates to the construction of an 8 ft. wide bituminous walkway with a 4 ft. high chain link fence installed on both sides. The walkway would be constructed from Lafayette Street to the City of Coon Rapids city limits. 8' Bit. Pathway (1500 sf) $2,000.00 4' High Chain link Fence (350 lf) $3,500.00 TOTAL $5,500.00 Also, we are currently reviewing the location of the existing home located at 621 Lafayette St. to insure it is not encroaching on lot 26. COO ip'l LIRAPI D A., May 10, 1990 Michele McPherson City of Fridley 6431 University Avenue NE Fridley, Minnesota 55432 Dear Ms. McPherson: Thank you for the opportunity to comment on the proposed vacation of Broad Avenue. We have mailed copies of your notice to neighboring properties in Coon Rapids. There is currently a pedestrian and bicycle path within this right of way. It allows north-south travel without requiring travel on East River Road. Given that the Coon Rapids portion is paved and the Fridley portion is well worn, it appears to be used. We would request that this connection be maintained, recognizing that the path would have to run on the west side of the right of way in Fridley and east-west along the border to connect with the paved path. Our only other comment would concern the amount of frontage that Lot 21 Block 4 of Mississippi Oaks would have on Board Avenue opposite Lafayette Avenue after the vacation. We would request that 20 feet of street frontage be maintained since the lot is large enough to be split in half. If you have any questions feel free to call me at 784-8392 . Sincerely, ve n Turner Zoning Administrator 1313 COON RAPIDS BOULEVARD, COON RAPIDS, MINNESOTA 55433-5397 (612) 755-2880 March 20, 1990 City Council City of Fridley 6431 University Ave N.E. Fridley, MN 55432 Attention: Clyde Moravetz Gentlemen: I am writing this letter in reference to a lot owned by the City of Fridley (Lot A6 Block C) . This lot is located next to the house I own (621 Lafayette St N.E. Firdley) and I am interested in purchasing this lot. I would like to make an offer of $500. 00 (Five hundred dollars) . Your prompt reply to this letter is appreciated. Sincerely, r Gerald Reierson /C: �;�jj 11551 Marigold St N.W. Coon Rapids, MN 55433 .(612) 421-7198 Orki CITYOF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE.N.E. FRIDLEY,MN 55432•(612)571-3450• FAX(612)571-1287 March 5, 1993 Subject: Vacation Request, SAV #90-02 Dear Property Owner: You may recall receiving a notice in 1990 regarding the vacation of Broad Avenue N.E. north of Lafayette Street N.E. by the City of Fridley (please see enclosed location map) . The Planning Commission conducted a public hearing on May 16, 1990 regarding this issue in which the commission tabled the request. The Fridley City Council has requested that the item be removed from the table and reconsidered by the Planning Commission. Staff is recommending that the City take the following actions regarding this item: 1. Broad Avenue N.E. should be vacated from Lafayette Street N.E. to the Coon Rapids border. 2. The City should retain a 15 foot bikeway/walkway easement along the west and north property lines (see enclosed map) . 3. The City should construct an eight foot wide bituminous bikeway and walkway to link the existing pathway from Coon Rapids to Lafayette Street N.E. A chain link fence should also be constructed adjacent to the bikeway. 4. The City should combine the remaining portion of vacated Broad Avenue N.E. with City-owned Lot 26. Once the combination has occurred, the City should sell it as a buildable lot for the construction of a single family dwelling. This item will be considered by the Fridley Planning Commission at its March 24, 1993 meeting. The meeting will begin at 7: 30 p.m. in the City Council Chambers at the Fridley Municipal Center, 6431 University Avenue N.E. If you have any questions regarding this subject, please contact me at 572-3593. Sincerely, 4C.1.6 Michele McPherson, BLA Planning Assistant MM/dn C-93-44 y 41 �_y,.a,� $u1`n i ai.u.ra t '.- �4 S' `. k' y .. pi 4 o- Y, � � t i r- i ,4'r'e 4'�CITY�OF FR+DLEY r `'`,«,, 6431 umnitgrry AVENUE N.E. ,` FRS, MN 55432 Oonnnai3.ty Development Department (612) 571-3450 VACATION APPLICATION FORM ti # 7 7 t'3 Y y S i ''4 w 4 F ri l 1- , a t x S:d t'Si z,a - ai ,`� rx,�}b PROPEErdd 4I TICN site plan Tequ r for sub n ttals see 'attached ,, r ' J l'�� , �� i -u'� ,. #+�6 s ;�k�,'YS` �'i v„dsgi•'S'44 n �r � ? a� . t C r 5 y n- , h^ �r s t.' 1 ,, )> :1ao ,:rtawdt "a: ,..n r h j' q y t t eta? �� 1 ;x r� �t��.r� � , u.' s ��y' " jw � � s� r, I , , .b3,,1 IB jd1 deSCr1 1C[3.- , I.., , �tI�,.r j 1 , 4 .„1V. i> y � ,„ - ,, + ;em 7-1 5,,1:7^ a , 4, �',,, "$ ., r._ - ,r��'+ T�„4^fie d'� ,`v,.tx4e�e...i` ock �_ -~-4J k k ' rr 1JJ�. • '` h; ,, i..'t it'i z�e?;, �� ,,,k�s ''4 i r '," t 1` ''t ', s. ,w „ti r, , e; - _.I • ... �� dription of�ease�ient to be vacated: ��' � ,+ eotoi Q .rrt/ ,r� C/ il ,�tcvr� 1-,,,, ,..„„at . A .: /a a 0 - Reason vacation: �Qi7ck C / 77TK. /.l R.P,e�C " --/71:7 FEE OWNER INE1)RMATIoN (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME €• fAJ4L( / • ADII 1 SS DAYT PHONE SIGNATURE L1ATE ....-------- PETITIONER INFORMATION NAME 1 "- .A1G./ ADDEESS DAYTIME PHONE SICTURE DATE Fee: $150.00 r/ Permit SAV # 9 Q- 0 Z Reoepit # Application received by: Scheduled Planning Connission date: il'l lle' /q9d Scheduled City Council date: Planning 4/27/90 ; 3/5/93 SAV #90-02 City of Fridley MAILING LIST City Council Randall Haney City of Coon Rapids 615 Kimball Street N.E. 1313 Coon Rapids Bouelvard N.W. Fridley, MN 55432 Coon Rapids, MN 55433 Thomas Hamre Ana and Jerry Reierson 601 Kimball Street N.E. 11551 Marigold Street N.W. Fridley, MN 55432 Coon Rapids, MN 55433 Winifred Bell 567 Kimball Street N.E. Fridley, MN 55432 George Olson 612 Lafayette Street N.E. Fridley, MN 55432 Gunnard Kuusisto 595 Kimball Street N.E. Fridley, MN 55432 George Doday 630 Lafayette Street N.E. Fridley, MN 55432 Jerry Laplante 604 Lafayette Street N.E. Fridley, MN 55432 Darrell Benson 560 Lafayette Street N,E. Fridley, MN 55432 Fredrick Haugh Jr. 591 Lafayette Street N.E. Fridley, MN 55432 Gary Saxe 611 Lafayette Street N.E. Fridley, MN 55432 Gerald Reierson/Current Res. 621 Lafayette Street N.E. Fridley, MN 55432 Planning Commission Chair City Council Members • PLANNING COMMISSION MEETING, MAY 16, 1990 PAGE 9 Moose Lodge No. 38 to rezone the north 95 feet of Lots ai15, Brookview Addition, except the west 22 feet of th rth 95 feet of Lots 14 and 15, Brookview Addition, and al a south 95 feet of Lots 14 and 15, Brookview Addition, a pt the west 22 feet of the south 95 feet, from R-3, Gen ultiple Dwelling, to C-2, General Business, generally ated at 6875 Highway 65 N.E. UPON A VOICE VOTE L VOTING AYE, ACTING CHAIRPERSON SABA DECLARED THE MOTION C ED UNANIMOUSLY. Ms. cy stated that at the June 4 meeting', the City Council will ablish a public hearing for June 18, 1990. 2 . CONSIDERATION OF A VACATION, SAV #90-02, BY THE CITY OF FRIDLEY: To vacate that part of Broad Avenue lying north of the westerly extension of the southeast line of Lot 26, Block C, Riverview Heights and lying southerly of the westerly extension of the northwest line of said Lot 26, Block C, Riverview Heights, generally located north of Lafayette Street and south of Mississippi Boulevard. Ms. McPherson stated the purpose of this meeting is to gather as much testimony and information from the surrounding property owners as possible. The Fridley City Manager is working with the Coon Rapids City Manager regarding this issue, so staff is recommending that the Planning Commission not take any action at this meeting, but rather just gather information from the neighborhood. Ms. McPherson stated the City of Fridley is proposing to vacate that portion of the Broad Avenue right-of-way which lies north of Lafayette Street in Fridley and ends at the Coon Rapids/Fridley border. This is in response to a letter the City received from a neighbor and property owner, Gerald Reierson, 621 Lafayette Street, who offered to purchase Lot 26 from the City for approximately $500. The City is looking at possibly combining Lot 26 with the vacated right-of-way to create a buildable lot for a single family home. Ms. McPherson stated the site is currently zoned R-1, Single Family Dwelling, as is the surrounding properties to the north, east, and south. Currently, within the right-of-way, the neighbor to the west in Coon Rapids has fenced and maintained the public right-of- way. In addition, there is a foot path along the east line of the right-of-way which connects to a five foot bituminous bikeway/ walkway which the City of Coon Rapids constructed in 1974. Ms. McPherson stated the previously mentioned fence was constructed in 1971. In 1973, the City 'of Fridley received a similar vacation request from Kay Olson, the previous owner of Lot 26, before the City of Fridley acquired it as a tax forfeit lot. This vacation was never completed. In 1974, the City of Coon Rapids proposed to • PLANNING COMMISSION MEETING, MAY 16, 1990 PAGE 10 reopen the Broad Avenue right-of-way and constructed a street within the right-of-way from Mississippi Boulevard to Lafayette Street. At that time, the Fridley City Council received two petitions regarding this subject, one which opposed the reopening and one which was in agreement with the reopening. Obviously, the street was not constructed and the present situation exists. Ms. McPherson stated the City of Fridley has four options it can explore to resolve this issue: 1. Leave the property as it is now. 2. The City could vacate the right-of-way and combine it with Lot 26 to create a buildable lot. This buildable lot would then need to be declared "excess" and conveyed to a new property owner. 3. The City could vacate the right-of-way and sell it to the westerly neighbor who has been maintaining the right-of- way. 4. The City could choose to work with Coon Rapids in extending Broad Avenue from Lafayette Street to Mississippi Boulevard. • Ms. McPherson stated that normally a vacated right-of-way is divided in half, and half of the right-of-way goes to one property on one side and the other half goes to the property on the other side. However, in this instance, since the right-of-way is entirely within the City of Fridley and is in one single plat, if the City vacated the right-of-way, it would accrue to Lot 26. Ms. McPherson stated that whichever option the City of Fridley chooses, the City of Coon Rapids Planning staff has recommended that some type of pedestrian access remain between Coon Rapids and Fridley. The path on the Fridley side is heavily worn indicating that children and adults use it to access the Coon Rapids park which is located at 85th/East River Road and vice versa for Coon Rapids residents visiting Fridley and Fridley parks. Ms. McPherson stated staff is not making any recommendation at this time. They .are recommending the Planning Commission conduct this vacation as a public hearing and take testimony from those in the audience, but not take any action. Ms. McPherson stated the Engineering Department has recommended the City maintain a 15 foot utility/sewer easement along the west right-of-way line. She believed a bikeway/walkway easement could be incorporated into that. Mr. Dahlberg stated that if this right-of-way was split as is typical when a public right-of-way is vacated, and half was added PLANNING COMMISSION MEETING, MAY 16, 1990 PAGE 11 to Lot 26 and half added to Lot 21 in Coon Rapids, would Lot 26 still be a buildable lot? Mr. Michele stated it would not be. It would still below the 9,000 sq. ft. minimum buildable lot size. Mr. Dahlberg asked the intention of the City of Coon Rapids relative to the remainder of the right-of-way between Mississippi Boulevard and this area that is question? Ms. McPherson stated the neighbor to the northwest currently has a concrete driveway constructed within the public right-of-way, and the bituminous pathway runs along the easternmost right-of-way line. At this time, staff does not know the true intentions of the City of Coon Rapids, however, they know that the Coon Rapids City Manager is going to be discussing this item on May 22, 1999, with the. Coon Rapids City Council in response to a letter the Fridley City Manager, William Burns, sent to him raising some questions about this issue. Mr. Jerry LaPlante, 604 Lafayette Street, stated that he was at the Coon Rapids City Council meeting when the owner of the west lot fenced off that property. The neighbors protested, and the City Council made the owner put in a gate. The owner also built a slab for parking, and the City Council said he could use that land, ' but he did not own it. Mr. LaPlante stated he understood that Mr. Jerry Reierson has offered to buy Lot 26. He stated he found it ironic that all these years that lot has sat there doing nothing; and now when the City receives a request from someone who wants to buy it, suddenly the City has other options for that lot. Why not give it to the neighbor who is taking good care of it? He stated the neighborhood uses this walking path a lot. They go to the park in Coon Rapids where there is a ballfield. He doesn't want to have his children walking along East River Road where there is no sidewalk. He thought Jerry Reierson is going to be an asset to their neighborhood and he should be allowed to buy that lot. Mr. Allen Chiodo, 8410 Palm Street, Coon Rapids, stated he is also the Chairperson of the Coon Rapids Parks Commission. He stated this is one neighborhood, not the Fridley neighborhood and the Coon Rapids neighborhood. Their children go to school together, and it is the Adams community. The path is a major thoroughfare for their children, and without that path, their children would be forced onto East River Road which would be an unsafe situation. Some type of path has to be maintained in this area. If there is no pathway, then the spirit of community would be broken. Ms. Shelly Brown, 8330 Broad Avenue, stated her home faces the pathway. She sees the traffic going through there, and the pathway is used heavily. Her seven year old daughter uses the path PLANNING COMMISSION MEETING, MAY 16, 1990 PAGE 12 frequently as do many neighborhood children. But, it is not just children. There are a lot of adults to use that pathway. This is a nice neighborhood. It is a nice neighborhood to take walks to the river, and there is only one pathway from the north end of Broad to the south end of Broad without going onto East River Road. Maintaining that access is very important, not only to Fridley, but to Coon Rapids. Mr. Rich Bunin stated he is the attorney for Mr. and Mrs. Dennis Wetterlind, who are the owners of the property in Coon Rapids located to the west of the area being discussed. It is his clients' position that whatever is done, they would like to be allowed to acquire that property up to the fence line they have established. They have no objection to the path, and the path in the location is lies now; in fact, would like to see the path remain in its present location. Mr. Bunin stated his clients have used that property as their yard and have maintained it for at least 17 years. Of the options discussed by staff, the only option that really makes sense is to allow his clients to acquire that property, perhaps to allow Mr. Reierson who has the property located to the east to acquire the other portion of the property that comes up to the path on the east side. Mr. Bunin stated it is his understanding that there are utility poles that go right across the property approximately where the path is located. From an economic standpoint, how economical is it going to be for the City of Fridley to vacate and try to sell this property as a buildable lot? Would it, in fact, be a buildable lot? Also, in terms of this fence, obviously if the path is to remain, and there seems to be strong consensus from the neighbors that they want a path to remain, that nothing can be built unless the path is moved. So; there is going to be some expense if that option is approved. If the fence was moved over to the west which would be closer to his clients' property, they would strongly object to that and he would take whatever action is necessary to protect his clients' interest. There would probably be a significant expense to the City in making that type of move as well. Mr. Bunin stated that as far as the Coon Rapids property which is located to the north, his clients have their driveway on that property, and that was done with the City of Coon Rapids' knowledge. He had a copy of a letter from the City Manager of Coon Rapids to his clients dated September 14, 1971, which addressed the construction of the driveway. The letter stated: "It is further understood that it is your intention to construct a concrete driveway from where the City's contractor leaves off to meet your existing concrete driveway near your house, that you will grass the remaining portion of Broad Street adjacent to your property, and extend the fence at the south line of your property. " His clients • PLANNING COMMISSION MEETING, MAY 16, 1990 PAGE 13 did fence in the south portion of this property and also on the east portion. They have also maintained this property for many years and has helped keep the path clear. Obviously, his clients would take a very strong exception to any action by the City of Coon Rapids that would affect his present driveway which is located on the property directly to the north of the property being discussed. Mr. Bunin stated the City of Fridley should very strongly look at how practical it is from all aspects to really use this particular property as a new buildable lot. He thought having two individuals who are interested in a property would allow the City to sell both portions needed to maintain the pathway, and everybody will benefit. Ms. McPherson stated a copy of the letter Mr. Bunin referred to was in the Commission's agenda. Mr. Jerry Reierson, 621 Lafayette Street (Lot 25) , stated it would greatly benefit him to be able to acquire Lot 26, so he can enlarge his house which he cannot do now without the granting of variances. He stated there are a lot of little houses on Broad Street, and he would like to upgrade his little house and make it a nicer home for the neighborhood. Right now, the size of his home is just barely livable. He would like to see the property remain as it is, with - the pathway open. He would like to see the pathway extended into Coon Rapids to make a nice walkway. The neighbors have kept the area nice. He believed it would be a great expense to the City to have the power poles moved and the other things that are needed to be done to make that property a buildable site. Ms. Schreiner asked if there are any utility lines located within the Broad Avenue right-of-way or Lot 26? Ms. McPherson stated she could not answer that question at this time. She would check that with the Engineering Department. She stated the Engineering Department has requested a 15 foot sewer and utility easement along what would be the westerly line of the right-of-way. Ms. Sherek stated she had several questions she would like to ask of staff: 1. If the City vacates the right-of-way and combines it with Lot 26 to create a buildable lot, what will the size of that lot be in terms of square footage? 2. How will the lot area of the proposed buildable lot compare to other lots in the area? Will it be approximately the same size or larger? • PLANNING COMMISSION MEETING, MAY 16, 1990 PAGE 14 3. What is going to be the cost to move the pathway and the overhead utility poles in comparison to the market value of the proposed lot? 4. What is the actual market value of Lot 26 and of the vacated right-of-way, if the City just sold Lot 26 to Mr. Reierson, vacated all the walking path on the right- of-way, and sold the rest to Mr. Wetterlind? Mr. Dahlberg agreed with Ms. Sherek that it is important to have information relative to the value of this property--either split into two pieces with the path running through the middle or as a single parcel. Mr. Dahlberg stated Mr. Bunin, the Wetterlinds' attorney, made the statement about a letter from the City of Coon Rapids regarding the construction of a driveway by Mr. and Mrs. Wetterlind, a copy of which the Planning Commissioners have in their agenda. He stated he would like to read one paragraph that states: "You should also be aware if you have not been so advised already that whatever you might construct within the public right-of-way would be done at your own risk and you would not be entitled to any compensation for its removal if that should become necessary in the future. " So, the residents did construct that driveway at their own risk. Mr. Dahlberg stated he would also like to know the status of Lot 27. That appears to be a lot similar to Lot 26. Ms. Dacy stated that lot is in the City of Coon Rapids. According to the maps, it is tied into Lots 27 - 32, so apparently it is under the ownership of the person who owns the house right at that corner to the east. Mr. Dahlberg stated that any action that may be taken by the City of Fridley relative to this right-of-way, will that impact what the City of Coon Rapids could or should do with the right-of-way as well? Ms. Dacy stated that by virtue of the fact that both City Managers are also discussing this and that the Coon Rapids City Council will also discuss these same options, the City of Fridley's goal is to come to some type of joint decision. Mr. Dahlberg stated that, potentially, if the City of Coon Rapids was to vacate that Broad Avenue right-of-way from Mississippi Boulevard to the Fridley/Coon Rapids city limits, by law as stated in the staff report, one-half of it would go to Lot 27 and one-half would go to Lot 21. Ms. Dacy stated she will have to check the plat maps. North of the city limits, it appears that these lots in Coon Rapids are still part of the Riverview Heights Plat. If this is the case, . wst i t 3 i >i '1 . ..., w.... _...... .Y..a.....w...w....,..>FF,7!ia:�2ti.`ti.> .:�.:.. a�i:...... :... _. ... .:.: ..:............ • ...a .... ...w.......`:.w ::i.;..:. • • i • PLANNING COMMISSION MEETING, MAY 16, 1990 PAGE 15 t that entire area could possibly revert to the owners on tie east side. Mr. Dahlberg stated that whatever decision is made, it is apparent from the testimony they have heard at the meeting, it is extremely important to maintain that pedestrian walkway in whatever shape or form it may take. Mr. Saba stated that for the safety of children and adults walking and biking, he would like to .see Fridley continue the bituminous path all the way through there and not leave it as a dirt path. Ms. Sherek stated she stated she looked at this property. She stated she has expressed this philosophy before, and she would like to express it again. She stated she just did not feel that the City has to plot and build on every square inch in Fridley. This property is very nice. The neighbors have taken good care of it. Sure, it would be nice to put another piece of property on the tax roles, but she did not think vacating the right-of-way and combining it with Lot 26 to make a buildable lot would do anything for this neighborhood. She liked the option of selling the property to the two owners on either side and maintaining the pathway, maybe making it an official pathway for the convenience and safety of those using it. Mr. Saba stated he agreed. Ms. Schreiner stated she also looked at the property. It is so beautiful and green and looks just like another park. The neighbors are doing a wonderful job in maintaining it. MOTION by Ms. Sherek, seconded by Mr. Dahlberg, to table consideration of vacation, SAV #90-02, by the City of Fridley until a future meeting. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON SHEREK DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated that when this comes before the Planning Commission again for a decision, the neighbors will be renotified. 3. RECEIVE APRIL 2, 1990, PARKS & RECREATION COMMISSION MINUTES: MOTION by Ms. Schreiner, seconded by Mr. Dahlberg, to receive the April 2, 1990, Parks & Recreation Commission minutes-.-- UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON SHEREK DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE APRIL 10 1990, ENVIRONMENTAL QUALITY AND ENERGY COMMISSION _MINUTES:UTES: