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HomeMy WebLinkAbout1992-282 CCR1 1 1 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION NO. 92 -282 RESOLUTION AMENDING THE APPROVAL OF APPLICATION NO. 85016 AND AUTHORIZING THE MAYOR AND THE CITY MANAGER TO ENTER INTO A REVISED AGREEMENT WITH THE OWNERS OF THE EVERGREEN PARK MANOR APARTMENTS TO ACQUIRE ADDITIONAL LAND WHEREAS, Village Properties owns Evergreen Park Manor Apartments located at 7200 -7224 Camden Avenue North in Brooklyn Center which is legally described as Lot 2, Block 2, Thomas Construction Company Second Addition; and WHEREAS, the City Council of the City of Brooklyn Center on July 8, 1985 approved Planning Commission Application No. 85016 granting Village Properties a temporary variance from building setback requirements to relocate a building on their property within 50' of T. H. 252 right -of -way; and WHEREAS, the granting of this temporary variance was subject to various conditions and requirements established by the City Council and imposed upon Village Properties; and WHEREAS, those conditions required Village Properties to secure the underlying rights to excess right -of -way lying east of the property; to enter into an Agreement with the City assuring that they would acquire the necessary excess right -of -way from MN /DOT; to combine this property through platting or registered land survey with that of the Evergreen Park Manor Apartment complex; and to file said Agreement with the title to the property binding any future owners to said Agreement; and WHEREAS, Village Properties met all of the City Council imposed conditions and posted an $8,500 performance bond to assure completion of the requirements of the Agreement once the land was available; and WHEREAS, Village Properties has indicated to the City Council that they would like to have up to 8 units in their complex be three bedroom units which would require the need for additional land area to meet the density requirements of the City's Zoning Ordinance; and WHEREAS, there is potential surplus MN /DOT right -of -way land adjacent to and contiguous with the Evergreen Park Manor Apartments which would, when combined with the complex, exceed the amount of land area requirements contained in the Zoning Ordinance; and 1 1 ATTEST: RESOLUTION NO. 92 -282 WHEREAS, Village Properties has requested the City Council to expand or alter the existing Agreement and approval to include this additional land area which would allow them to meet the additional land area requirements utilizing essentially the same rationale and conditions imposed upon them in 1985; and WHEREAS, the City Council finds that there is sufficient excess right -of -way available to meet the additional requirements to allow up to 8 three bedroom apartment units within the Evergreen Park Manor Apartment complex; and WHEREAS, the City Council finds that the expansion of the existing agreement authorized by their approval of Planning Commission Application No. 85016, subject to the conditions hereinafter set forth, is in the City's interest provided Village Properties agrees to limit the occupancies of the apartment complex until the additional land area is attached to the property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to approve the amendment of the approval of Application No. 85016 to allow up to 8 three bedroom apartments in the apartment complex and to authorize the Mayor and the City Manager to enter into a revised Agreement, in a form and manner approved by the City Attorney, with Village Properties to acquire additional land, subject to the following conditions: 1. The Agreement shall limit the occupancy of the apartment complex, until the provisions of the agreement are satisfied, to: no more than three residents for a one bedroom unit; no more than four residents for a two bedroom unit; and no more than six residents for a three bedroom unit. 2. The owners shall provide an appropriate financial guarantee (in an amount to be determined by the City Manager) to assure that Village Properties fully performs all of the terms of this Agreement. 3. Said Agreement shall be filed with the title to the property binding future owners of this property to this acquisition agreement prior to conversion of units to three bedroom units. December 14, 1992 Date 11_ Deputy City Clerk(J Todd Paulson, Mayor 1 RESOLUTION NO. 92 -282 The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene and upon vote being taken thereon, the following voted in favor thereof: Celia Scott, Dave Rosene, and Philip Cohen; and the following voted against the same: Todd Paulson and Jerry Pedlar; whereupon said resolution was declared duly passed and adopted.