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HomeMy WebLinkAbout1980 12-11 PCP 9 PLANNING COMMISSION AGENDA Regular Session December 11 , l 980 . 1 . Cali to Order 2. Poll Call 3. Approval of Minutes: November 20, 1980 4. Chairman's Explanation: The Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council . The City Council makes all final decisions in these matters. 5. Twenty-eight Ten, Inc. 80048 Request for subdivision approval to declare a condominium of nine units and one common area at the Brookdale Tower Office Building at 2810 County Road 10. 6. Other Business 7. Discussion Item a. Merryweather Restaurant • 8. Adjournment i i v 'I • s w Planning Commission Information Sheet b Application No. 80048 Applicant: Twenty-eight Ten, Inc. (a Minnesota Corporation) Location: 2810 County Road 10 Request: Subdivision Approval The applicant requests approval to subdivide Tract C, Registered Land Survey No. 1186 into ten units of real property - nine condominium units and one common area. The applicant does so without waiving the question of whether the City's Subdivision Ordinance properly applies in lieu of MS515 A.1-106 (attached) , the amended Minnesota Condominium Act. While the amended Act may seem to disallow the City from imposing subdivision ordinance requirements on condo- minium conversions, City staff have also not waived the question of the ordinance's applicability until an opinion is- received from the City Attorney. Due to the constraints of time faced by the applicant, the proposed condominium declaration is submitted to the Planning Commission for its review before the question of the ordinance's applicability is fully resolved. The occasion for the condominium conversion stems from the loss of a tax judg- ment in which the applicant sought tax exempt status for the portion of the property at 2810 County Road 10 occupied by Health Central , a tax exempt organ- ization. That judgment, in effect, required Health Central to own any property it sought to exempt from property or other taxes. (The question of Health Central 's status as a tax exempt organization is not at issue) . In order to obtain tax exempt status for any taxes due payable in 1982, the property occupied by Health Central must be transferred in title through the recording at the County of the proposed condominium declaration prior to January 1 , 1981 . Hence, • the expedited consideration of this matter. The declaration submitted by the applicant must include the following information as required by MS 515 A.2-105: (attached) A cursory review of the declaration has been made by nonlegal staff. ' It does not appear to us that the declaration as submitted adequately defines the areas designated "limited common elements", though this may be shown on the floor plans which have not been submitted. There is also no description of the property which may be added to the condominium under the "flexible condominium provision of Section 515A.2-106 (also attached) . It is presumed that such additionswould be to the building and not the land parcel involved. Certain legal restrictions on any addition to the real estate described in the original declaration must also be outlined according to the provisions of the State Law. With respect to use restrictions in line with the City's Zoning Ordinance, the proposed declaration states the following in Section F.2: "No use may be made of any unit except for general office purposes all to the extent permitted by applicable zoning, except as follows: Units numbered through (the Garage Units) may only be used for the parking of vehicles used by owners, tenants and the employees and invitees of owners and tenants of units, or, if permitted by local ordinance and by the Association, for storage of non- hazardous materials. 12-11-80 -1- Application No. 80048 continued No units shall be used by physicians, dentists or other health • care professionals for regular patient appointments or patient clinics. The restrictions set forth in this paragraph may not be amended without the written consent of the City of Brooklyn Center. Staff regard the above-cited provisions as adequate as far as it goes, but would recommend the following addition .be made a condition of approval : "Notwithstanding the restrictions applied under this section, no variance from the provisions of the Brooklyn Center Zoning Ordinance is authorized or implied by this or any other section-of this Declaration for Condominium or the Association By-Laws." The proposed subdivision by condominium declaration is generally in order as to its basic elements. Approval is, therefore, recommended subject to at least the following conditions: 1 . The final subdivision is subject to approval by the City Engineer. 2. The final subdivision is subject to the provisions of Chapter 15 of the City's Ordinances. 3. The Declaration and the Association By-Laws are subject to the review and approval of the City Attorney prior to final subdivision approval . 4. A copy of the statement of a Minnesota registered architect certifying the structural , mechanical , electrical , and plumbing systems of the building as shown on the floor plans shall be filed with the Building Official for his review and approval prior to final approval of the subdivision. 5. The Declaration shall be modified to include a specific disclaimer of any variances from the City Zoning Ordinance. 6. The Declaration and the Association By-Laws are subject to the provisions of MS515A.1-101 to 515A.4-117 (the Uniform Condominium Act) . 12-11-80 -2- I', i Ch. 582 71st LEGISZ.ATUIZE .Art. 1 " (19) "Unit" means a portion of the condominium, whether or not con- Any ordin shall not ap tallied solely or partially within a building, designated for separate owner- ship, the boundaries of which are described pursuant to section 515A.^_-110. been issue(] fc • been issued (20) "Unit owner" means a declarant who owns a unit, a person to whom nonce or clip oh nership of a unit has been conveyed or transferred, or in a leasehold con- or intent to dominium a lessee of if unit whose lease expires simultaneously with any nation of tel lease the expiration or termination of which will remove the unit from the subtenants I condominium, but does not include a holder of an interest as security for charter prow an obligation. (d) For pit 515A.1-104 tion showing Variation by agreement. Except as expressly otherwise provided in sec- that any col tions 515A.1-101 to 515A.4-117, provisions of sections 515A.1-101 to 515A.4- shrill be pri! 117 may not be varied by agreement, and rights conferred by sections 515A. olation there I-101 to 515A.4-117 may not be waived. A declarant may not act under a (e) A viol: power of attorney, or use any other device, to evade the limitations or pro- the provisiot hibitions of sections 515A.1-1.01 to 515A.4-117 or the declaration. dominium. ' 515A.1-105 power of a Separate titles and taxation; homestead. (a) Each unit together with Its Slott adopted r common element interest constitutes for all purposes a separate parcel of Any ordin real estate. fective for a 5107 (b) If a declaration is recorded prior to ten days Eminent before any installment of Erntnent ti real estate taxes becomes payable, the local taxing authority shall split the of a unit is t taxes so payable on the condominium among the units. Interest and pen- shies which would otherwise accrue shall not begin to accrue until at least bath which t 30 days after the split is accomplished. by the decla. (c) A unit used for residential purposes together with not more than two an interest t } units used for vehicular parking and their common element interests shall interest as t � j be treated the same as any other real estate in determining whether home- interest is a that unit's e stead exemptions or classifications shall apply. Mon expense 515A.1-106 proportion t Applicability of local ordinances, regulations, and building codes. (a) Ex- prior to the eept-i" prelrided in subseeti , {b} anti (c, er ne�rim�,'subdiv4sion; tn�i g record an a: e9dr�er-tether real a-twe law; rrovi_sion, orrell4lietion remnant of o ,itartY=not ffireettr or 4xHreetiy prohibit tine form-of-o+t nerabip section is tht t 1 or ltnlrose any-requirement u-twwa eontiermitrinm; tryxrrtte cretttiotr er' isposi- (b) Except l fiert-ef..,a c"domvinium or upon--mule- part of tir e�rer n eminent dvm t l preeesr-whirh- t wetild not im ose upef •a pictly similar derelprexm -ae of an interes der n different farm-o•f-ownerskip. Otherwise, no provision of sections the reductim 635A.1•-1111-to 515A.4-117 invalidates or modifies any provision of-tiny zoainti, aCQtlisition, t subdiyialogw,building code,or.other real,estate use lair,4rdinanccj T1Mrter•pto- based upon viatet►--sc regulation association, : (b) Subsection (a) shall not apply to any ordinance, mile, regulation, char- reduction in ter provision or contract provision relating to the financing of homing con- est, Votes, ar 1 atruction, rehabilitative, or purchases provided by or through a unit are aut housing fi- proportion t, nance program established and operated pursuant to state or federal law by to the a state or local agency or local unit of government. prior- prior reallocation (c) A statutory or home rule charter city, pursuant to an ordinance or char- all If ion ter provision eshtblishiug standards to IK_ applied uniformly within its jrtris- diction, tnny prohibit or intprsc reasonable conditions upon the conversion award shall of buildings to the condott,inium form of ownership only if there exists within 11011 of the t the city it significrnt shertat;e of znitalolk- rental drieliin:;!a available to low cannon elen and inuderate income indivi+luak or families or to establisit or nutiatain the eurity for at , city's eligibility for any f�:dct:<1 or .t:ur prug .. r, n ;trnviding direct nr indirect respective in financial assistauee fur hoaran:; to the city. Prior to the adoptilm of an oral- tion of the r nonce pursuant to the withurity granted in this subsection, the city shall con- mceC alatll h duct n public hearing. limited cone:, 696 i �y �I Art. 1 r or not Mn- Any ordliumce or charter provision adopted pursuant to this tcnbsect Ion separate owrwr- shrill not apply to any conversion condominium or proposed conversion con- asttio f,l.',:1 -]]0. dominLun for which a bona fide lour commitment for n consideration 1111.4 been ]stiue(I by it I(vuler mini is In cfrj•rt oa the date of adoption of the ordl- .&person to tvbnm mance or charter provision, or for which :t notice or eondon:initint conversion in a Tcasehold con- or Intent to convert preserilwd by section :�1:u1:i-]lU(a), cuntainin- it ferud- Yzslg• with any nation of tenancy, has been given to at least 75 percent of the tenant, and O+t from the subtenants in possession prior to the date of adoption of the, ordinance or ,Kcurity for charter provision. (d) For purposes of provldint; marketable. title, a statement ht the declxrx- tion sltowillg that the eo+(tlunliaium is lot subject to all ordinance or showing provided In sec- that any conditions required under an ordinance have heen complied with I-101 to 513x.4_ shall be prima facie evidence that the condominium was not created in vl- b3• Ft•edrins ;5155.- olatfon tltcrcof. not act under a (C) A violation of an ordinance or charter provision adopted pursuant to limitations or pro- the provision§ of subsections (b) or (c) shall not affect the validity of a con- ration. 6minium. This subsection shall not be construed to in any way limit the power of a city to enforce the provision, of an ordinance or charter provi- together with its alon adopted pursuant to subsections (b) or(c). separate parcel of Any ordinance or charter provision enacted hereunder shall not be ef- fective for a period exceeding 1S months. 515A.1-107 :any Installment of Eminent domain. (a) If a unit is acquired by eminent domain, or If part is shall split the of a unit is acquired by eminent domain leaving the unit owner with a rem- Interest and pen- pant which may not practically or lawfully he used for any purpose permitted ue until at least by the declaration, the award shall compensate the unit owner and holders of an interest as security for an obligation in the unit and its common element not more than two interest as their interests may appear, whether or not any common element Eat interests shall interest is acquired. Upon acquisition, unless the decree otherwise provides, C whether home- that unit's entire common element interest, votes in the association, and coin- moil expense liability are autonz:+;ieally reallocated to the remaining units in proportion to the respective interests,-votes, and liabilities of those units uq codes. (a) Ex- prior to the taking, and the association shall promptly prepare, execute, and icision, building record an amendment to the declaration reflecting the reallocations. any vision,or regulation remnant of a unit remaining after part of a unit is taken under this sub- 'f6rm of ownership - section is thereafter a common element. creatinn or disposi- (b) Except as provided in subsection (a), if part of a unit is acquired by P conversion eminent domain, the award shall compensate the unit owner and the holders r c =,pment un- of an interest as security for an obligation as their interests may appear for Ilion of sections the reduction in value of the unit and its coznnzon clement interest. I pots on of any zoning, acquisition, unless the apportionment thereof pursuant to the declaration is nee,charter pro' based upon equality, (1) that unit's common element interest, votes in the association, and common expense liability are reduced in proportion to the } reduction in the size of the unit, a,1(1 (2) the portion of cotumou element inter- regulation, char- of housing con- est, votes, and common expense liability divested from the partially acquired gh a housing fs- unit are automatically reallocated to that unit and the remaining units in federal saw by proportion to the respective interests, votes, and liabilities of those units prior to the taking, with the partially acquired unit participating in the reallocation on the basis of its reduced interests, votes, and liabilities. adinance or char- within its juris. _ (c) If part of the common elements is acquired by eminent domain, the Ir a the comer ion award shall be paid to the association. The association shall divide any por- n esistswithin tion of the award not use(] for any. restoration or repair of rite renr,tining available w low common elements among the unit owners 1111(1 holders of nn interest as sc stl Ot maintain the curity for an obligation as their sntcrests nut)' algtc:tr in proportion to their direct or Indirect respective interests in the ccu11at(11 elei,1euts L'fore Lire taking, but the por- option of an ordl- Lion of the award attributable to the acquisition of a liuti:ed common ele ' , city shall con ntent shall be equally divided :11,1011- the owner, of the units to which that tlhe limited common element was allocated at the time of acquisition and the ' 897 Ch. 592 71st LEGISLATURE Art. 2 (3) a legally (d) The declaration, any amendment or amendment% thereof, and every dominium• s: instrument affecting a condominium or any unit shall be entitled to be re- Instrument (4) n descrii e' corms. (5) the floo. (e) In addition to the records and indexes required to be Maintained by the (t)) an allot seCOrdin� officer, the recording officer shall maintain an index or indexes meats, a port n-hemby the record of each decl:uation contains a inference to the record of tion of the 0 each conveyance of a unit affected by the declaration. (� Thr recording officer shall upon request assign a number to a condo by the SutKliv migiuni to be formed. section 313A.` ( 'he recording officer shall separate the floor plans from the declara (g) an allot rigs awl fire :floor pans shall be kept by the recording officer in a separate Sl:s:1.2-It1'J; file for each condominium indexed in the same In:utlter as a conveyance en- (�) any re, titled to record indicating the number of the condominium. (10) a state 515A.2-1.02 mace provid Unit boundaries. Except as otherwise provided by the declaration: quired under t_ (ll) any of .: n).If walls, floors, or ceilings are designated a t�ling�rttile�� fi t11PaPe.r1 r. lsttlt, furring, wallboard, Plasterboard, plaster, 1 515A.2-106 paint. finished flooring, and ally other materials constituting any part of the - #inirhed surfaces thereof are a part of the unit, slid all other portions of the flexiblenCo- walls.floors,or ceilings are a part of the common elements. section 515A { • If any chute, flue, duct, Pipe, wire, conduit, bearing (2j wail, bearing a (1) an exy coltpnsrn, or any other fixture lies partially within and partially outside of the �) a state tlesWnilted boundaries of a unit, ant portion fltercof serving only that unit any Portion cording of is a limited common element atluratecl solely to that unit, anti graph (1) tvl thereof seising ntolc than one unit or any portion of the common elements is terminate tl a past of the common elenleuts. is set forth (3) Subject to the provisions of paragraph (2), all spaces, interior partitions, .:.. and !other fixtures and improvements within the boundaries of a unit are the(3)recordin apart of the unit. graph (1), o ( j All exterior doors and windows and any shutters, awnin€s, window (4) leFall� horses, +doorsteps, stoops, Porches, balconies, Patios, or other fixtures designed (5? if poT to �rve a single unit, but located outside the unit's boundaries, are limited teaulaon elements allocated exclusively to that unit. tltnes, a si boundaries 515A2-iO3 added or a Construction and validity of declaration and bylaws. (n) X111 provisions (�) a slat . at the deciatation and bylaws are severable. (b) The rule against perpetuities nuts not be applied to defeat any provision within any pif the declaration or sections :,1:,:1.1-101 to.515A.4-117, or any instrtuuent which are executcd pursuant to the declaration or sections JSJ i-10! to :,15A.4-116. will be rest l7)'a st:Il ?; (�) in the event of a conflict between the provisions of the declaration and additiou:d the bylaws, the declaration Prevails except to the extent that the declaratiolt buildings a is inconsistent.%with sections 315A.1-101 to 5155.3-117. of toast nu '• 515A2-104 state ntent Description of units. After the declaration is recorded, a description of a statement I tteait which set. forth the nun0wr of the cnndonlinillm, the county in which (C► st st:i • the condonliniI'll, is located, anti the iclentify'llg nnmbc•r of tllc unit, is a snf- panrr, as:r. ti"itiestt legal description of that unit and its constuon elctmcnt interest wheth real estate "o et or not the conunnu cicntent interest is described or referred to therein. thou' unit: 515A.2-105 (tN i erci • Contents of declaration; all condominiums. The declaration for a con' that I„•,y d�uitiuuut hall cunt:,iu: e:it•h por:i It) the nsrine and nusnbcr of tilt cundun,iniullt, which shall include the word /lG) a R • tionriutnisi' or ire followed hy' the tvonls ";, condon,iniuut"; husitim r ,l +(2)"tile n,%tne of every county in WIliclt any part of the condouliulam is ai,iily in t 900 582 1980 SESSION Ch. 2 t4 t"reof, and every (5) it legally sufficient description of the real estate Included In the cull- -a be entitled to Ix re- -dominlum; (4) a description or delineation of the boundaries of a unit; rrintalnerl by the (5) the floor plan,4 as required by section 515A:'-1]0; ex or Indexes (0) an allocation to each 'nit of as undiciaed Interest in the age or ele- to the record of ments, a portion of the votes in the association, and a pereeutuee or frac tion of the columon expenses of the assor•iatiun (section ,7.;.1:�-1U5); -a number to a condo- (7) a statement of the m:lximnm nuult,er of any units which may be created by the subdivision or cunversion of units-owned by the declarant pursuant to ns from the declara. section o]oA 115(c); Officer in a separate (8) an allocation of any limited common elements, as provided in section as a conveyance en- 515A.2-109; 3• (9) any restrictions.on use, occupancy, and alienation of the units; (10) n statement showilIg that the condominium is not subject to an ordi- the declaration: nonce provided for ill section 535A.1-10G, or showing that any conditions re- daries of a unit, all quired under an ordinance have been complied with; _ling, tiles, wallpaper, (11) any other matters the declarant deems appropriate. Ling any part of the 515A.2-106 Other portions of the Contents of declaration; flexible condominiums. The declaration for a ]te. flexible condominium shall include, in addition to the matters specified in :bearing wall, bearing section 515A.2-105: Wally outsi(le of the .-serving only that emit (1) an explicit reservation of any options to add additional real estate; ,,unit. and any portion (2) a statement of any time limit, not exceedin; seven years after the re eommou elements is cording of the declaration, upon whiell any option reserved under para- graph (]) will lapse, together with a statement of any circumstances that will ' terminate the option before the expiration of the time limit. If n m u time limit .interior partitions, is set forth in the declaration. the time limit sh.11 be seven years after daries of a unit are the recording of the declaration; ors, (3) a statement of any limitations on any option reserved awnings, window under Para gttaph (1), other than limitations created by or imposed pursuant, to law; Sher fixtures designed ndarie., are limited (4) legally sufficient descriptions of each portion of additional real estate; u (5) If portions of ally additional real estate may be added at different times, a statement to that effect together with a statement fixinh the boundaries of those portions and regulating the order in which they may be 9 All provisions added or a statenlent.that no assurances are made in those regards; defeat any provision (0) a statement of (?) the maximum rummer of units tliat ,nay be created within any additional real estate and withln any 'portion, the boundaries of _:7, or any instrument _ which are fixed pur,ualnt to paragraph 15), and (ii) how mall} of those units .1-101 to :,1,.1.•1-117. will be restricted exclusively to residential usc; -vof the declaration and (7) a statement that any buildings and units that may be erected upon the that the declaration additional real estate or a portion thereof will IW compatible with the other buildings and units in talc coudominit,,ul in terms of architcetul'al style, quality 4 Of construction, prilwipal material.; employed in construction, and size, or a »ed, a description of a statement of ally differences wi th rc pcct to the buildings or units, or a I-- the county in which Statement that no assurances are macle respecting those matters: := Of the unit, is a suf (S) n statement that all restrictions in the declaration affecting use, occu- ement interest wheth- pane}, and alienation of units will allply to 'nits created in the additional referred to therein. real estate, or a statement of any differentiations that ,lay be made as to those units; ' aeclaration for :a con that general i be madealorocreated alulona or improvements within the additionalllreal estate or shalt Include the word each por tion thereof; -ziminiuni'; (10) a statement of tile extent to which any assurances made in the dec ttte condominium is laratiun rebar/lina additional real estate pursuant to paragraphs (5) to (`.1) apply in the event any additional real c.tatc is not added to the couuiominiuuu, 801 `4 _ - >�w+�+..ww.'w'^•".w�►mow^�'•w.. 3 Y� • • r • Cpl. 53Z 71st LEGISLATURE Art. 2 and (4), the dc( or n statement that those assurances do not apply if the real estate is not ment Is allocat( added to the condominium. 515A.2-110 515A.2-107 Leasehold condominiums. (a) Any lease the expiration or termination of Floor plans. which may terminate the condominium sh;ul be recorded and the declaration shall contain a shall include, in addition to the matters specified in section 513A.2-105: or architect tan. by this section. (1) the county of recording and recorder's document number for the lease; (b) Each floo (2) the date on which the lease is scheduled to expire; (1) the numbs (3) any right of the unit owners to purchase the lessor's interest in the real the land includ+ estate and the manner whereby those rights may be exercised, or a statement (Z) the dimes that they do not have those rights; and roadways.-,(4) any right of the unit owners to remove any improvements within a (3) the inter: reasonable time after the expiration or termination of the lease, or a state- went improvers .ment that they do not have those rights; and °IMUST BE BI; (5) nny rights of the unit owners to renew the lease and the conditions of (4) the locatl any.renewal, or a statement that they do not have those rights.- such; (b) After the declaration fnr a leasehold condominium is recorded, neither (5) the eaten the lessor nor his successor in interest may terminate the leasehold interest dominium; of a unit owner who males timely paynnent• of his share of the rent which _ shall be the saute portion thereof as that of'lnis common area expense and (C) the locali who otherwise complies so far as practicable with his share of all other dominium servi cotenants which, if violated, would entitle the lessor to terminate the lease. (7) the distar No unit owner's leasehold interest is affected by failure of any other person ($) the locat; to pay rent or fulfill any other covenant. porches, balcon le) Acquisition of the leasehold interest of any unit owner by the lessor in section 515A does not merge the leasehold and fee simple interests and the lessor shall (9) the locals bold the title to the unit subject to the declaration unless the leasehold and that unit's Interests of all unit owners subject to the lease are so acquired. (10) the loci 515A.2-108 reference to es Allocation of common element interests, votes, and common expense Ilabll- ber; sties. (a) The declaration shall allocate a fraction or percentage of the un- (11) any unit divided interests in the common elements, common expenses 111(1 votes in the al units or con association to each unit in such manner that each of the items is equally (e) When ad{ allocated or is allocated according to the proportion of the area or volume of shall record su each unit to the area or volume of all units,and the items need not be al- requirements o. located the same for all purposes. The declaration may provide that a por- added, the sup; tion of each common expense assessment may be allocated on the basis of sions of the ret equality and the remainder oil the basis or area or volume of each unit. The sum of the percentages or fractions shall equal 100 percent or 1. (d) IP a decl; common elemei (b) I-:xcept in the case of eminent domain (section 515A.1-107), expansion record an amen of a flexible condominium (section 515A.2-111), relocation of boundaries he- of any new un tween adjoining units (section 515A.2-11.1), or subdivision of units (section ated. 515A.2-113), the common clement interest, votes and common expense liabil 515A.2•-111 sty allocated to any unit may not be altered, except 1s :un amcminu•nt to tine Expansion of ' declaration which is signe(l by all unit owners and .first mortgagees, and which complies with section ."5l 0-\.2-1111. 'rase common elements are not sub stunt to sin opi Interest in the ject to partition, and any purported conveyance, eneuunbr:uu•e, judicial sale any holder of : or other voluntary or involuntary tran.fer of -in undivided interest or in- voluntary trin.fer of an undivided interest in the common elements without or created sub, the unit to which the interest is allocated is void. to the and, ui to the declarat (e) The association may assess certain common expenses against fewer Eying number t than all units pursuant to section 515.3-114. common clemen 515A.2-109 bilities accordi Common elements and limited common elements. Comnloll elements other delineate any than limited common elements may be used in couunon with all unit owners. ewtatc,'shouviui I•Jxcept for the limited common elements described ill section 515-1:-102(2) tent required i 902 4 • Moo= NORTHWAY DR. CIA R 5 Ifs '; �.. � t ` � a COUNTY WATER TOWER