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HomeMy WebLinkAboutPC85015 - 6/13/85 - 1701 69th AveN. ,.NNING COMMISSION FILE C1` KLIST File Purge Date: FILE INFORMATION Project Number: 85o�S PROPERTY INFORMATION Zoning: R'' PLAN REFERENCE Note: If a plan was found in the file during the purge process, it was pulled for consolidation of all plans. Identified below are the types of plans, if any, that were consolidated. • Site Plans ✓ • Building Plans • Other: FILE REFERENCE Note: The following documents were purged when this project file became inactive. We have recorded the information necessary to retrieve the documents. Document Type Date Ranae Location Agendas: Planning Commission Office Minutes: Planning Commission ��3/8s City Vault Minutes: City Council ��ati/85 City Vault Document Type Number Location Resolutions: Planning Commission City Vault Resolutions: City Council City Vault Ordinances: City Council City Vault COMMERCIAL/INDUSTRIAL PROPERTY FILES CHECKLIST CITY OF BROOKLYN CENTER PLANNING CON11i»ION APPLICATION Application No. 85015 Please Print Clearly or Type Street location of Property 1701 - 69th Avenue North, Brooklyn Center Legal Eifscriip'tion of Property Tract A, Registered Land Survey 1382, files of Registrar of Titles, Hennepin County, Minnesota Owner S 8 G Associates, a Minnesota General Partnership c/o Cyril E. Sheehy, Jr., Post Office Box 64570 Address St. Paul, Minnesota 55164 Phone No. 488-6691 Applicant same as above Address same as above Phone No. Type of Request: Rezoning x Subdivision Approval same as above Variance Site & Bldg. Plan Approval Special Use Permit Other: Description of Request: Lot split of that part of Tract A, Registered Land Survey 1382, Hennepin County, Minnesota, lying East of a line described as o ows: Commencing at a point on the North line of said Tract A, 172 feet West of the Northeast corner thereof, thence South and parallel with the East line of said Tract A (which line is adjacent to and abuts Irving Avenue) , a distance of 410 feet, more or less to a point on the South line of said Tract A, distant 172 feet from the said East line thereof The applicant requests processing of this application and agrees to pay to the City of Brooklyn Center, within fifteen (15) days after mailing or delivery of the billing state- ment, the actual costs incurred by the City for Engineering, Planning and Legal expenses reasonably and necessarily required by the City for the processing of the application. Such casts shall be in addition to the application fee described herein. Withdrawal of the application shall not relieve the applicant of the obligation to pay costs incurred prior to withdrawal . S 8 G �ssociates� a Mingnesota Qeneral Partnership Fee $ 60.00 Receipt No:67728 Dates of P.C. Consideration: Approved Denied following conditions: CyriLY. Sheehy, Jr. AMWcant's Signature A Partner Date: May 1985 PLANNING COMMISSION RECOMMENDATION this ', day of t,�-�- 19 s�'� ,subject to the Chairman ----------------------------------------------- CITY COUNCIL ACTION Dates of Council Consideration: Approved Denied this �61­day of 19_fS ', with the following amendment: / J Clerk P/I Form No. 18 (over please) 13 CITY OF BROOKLYN CENTER, MINNESOTA 6301 Shingle Creek Parkway 55430 PROCEDURES AND REQUIREMENTS FOR FILING APPLICATION FOR SITE AND BUILDING PLAN APPROVAL Prior to submission of an application for plan review and approval, prospective z:pplicants should arrange an informational meeting with the Planning Staff to discuss preliminary plans and to become familiarized with applicable ordinance and policy provisions. Three (3) copies of the following documents and information shall be submitted, at least 14 days prior to the date of the regular Commission meeting, concurrent with filing the application (required documents must be consistent with ordi- nance and policy.provisions before an application may be accepted): 1. A certified site survey drawing by a registered engineer or land surveyor showing pertinent existing condition, accurately dimensioned. 2.* An accurately scaled and dimensioned site plan indicating: a) parking layouts including access provisions; b) designations and locations of accessory buildings; c) fences, walls or other screening, including heights and type of material; d) outside lighting provisions, type and location; e) curbing. 3.* A landscape plan showing areas to be sodded or seeded; location, size and species of trees and shrubbery. +.* Building floor plans, elevations, sections and specifications, including materials proposed. 5.* Existing and proposed land elevations, drainage provisions, and utility provisions. 6. Additional drawings, plans or information deemed necessary by the Secretary. *Must be prepared by a registered architect or person registered with the State >oard of Registration for Architects, Engineers and Land Surveyors, and said drawings/plans shall be so certified. NOTE: Upon approval of plans by the Council and prior to issuance of permits, Performance Agreement as to approved site improvements and a supporting finan- cial guarantee, in an amount to be determined by the City, are required. Accept- ,:ble financial instruments include cash escrow; certificate of deposit; and T�erformance bond. Copies of the Zoning Ordinance may be obtained from the Administrative Office. ?uestions should be directed to the Planning and Inspection Department. /I Form No. 19 FRANKE, RIACH AND FRANKE Yg, Y.e. ATTORNEYS AT LAW JEROME E. FRANKE RONALD J. RIACH C. WILLIAM FRANKE TIMOTHY J. HASSETT MICHAEL T. OEERLE JOHN P. VITKO OF COUNSEL Mr. Sy Knapp Director of Public Works City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Phone: (612) 561-5440 May 23, 1985 E00 ROSEDALE TOWERS 1700 WEST HIGHWAY 36 SAINT PAUL, MINNESOTA 55113-4082 612/636-6400 Re: Vacation of Irving Avenue adjacent to Tract A, Registered Land Survey 1382, files of Registrar of Titles, Hennepin County, Minnesota, a/k/a 1701 - 69th Avenue North, Brooklyn Center, Minnesota Dear Mr. Knapp: I represent S S G Associates, a Minnesota General Partnership, the fee owner of record of the above described real property. This letter is submitted concurrent with my client's Application to the Planning Commission for approval of the subdivision of Tract A, Registered Land Survey 1382. We seek to split off that part of Tract A lying East of the following described line: Commencing at a point on the North line of said Tract A, 172 feet West of the Northeast corner thereof, thence South and parallel with the East line of said Tract A (which line is adjacent to and abuts Irving Avenue), a distance of 410 feet, more or less to a point on the South line of said Tract A, distant 172 feet from the East line thereof. In connection with the noted Application, my client is requesting that Brooklyn Center make a finding that Irving Avenue North, where it abuts the referenced parcel, is not needed and should be vacated. Our survey of the site indicates that Irving Avenue has not been developed as a public street; however, part of Irving Avenue has been paved and is being used as a parking area. At your earliest convenience, please advise as to the status of this request. Very truly yours, FRA E, A�CRANKE CWF/jk C. William Franke cc: Cyril E. Sheehy, Jr. Planning Commission Information Sheet Application No. 85015 Applicant: S and G Associates Location: 1701 69th Avenue North Request: Preliminary Plat The applicant requests preliminary plat approval to subdivide into two lots the parcel of land on which the Earle Brown Farm Apartments is located. The property in question is zoned R5 and is bounded on the east by Irving Avenue North right-of-way (which has not been put in; further east are the Humboldt Court Apartments and the Q Petroleum service station), on the south by the Spec. 7 industrial building and Hiawatha Rubber, on the west by Medtronic and the Spec. 6 industrial building, and on the north by 69th Avenue North. The proposed plat would divide off most of the excess land on the east side of the Earle Brown Farm Apartments property to create a parcel for a separate, new development. No development plans have yet been submitted. The proposed plat is to be called the Tanami Addition. The lot areas are as follows: Lot 1: 8.24 acres Lot 2: 1.53 acres Total: 9.77 acres Lot 1, as proposed, has more area than required for the 120 existing apartment units on the property. At 2,700 sq. ft. per unit, the area requirement for the existing apartment complex is 7.44 acres. The proposed common property line between Lot 1 and Lot 2 is along the curb line of the east edge of the existing parking lot. This is not desirable since a 5' greenstrip is normally sought along internal property lines in multiple -family, commercial, and industrial zoning districts. As mentioned earlier, a half -street of Irving Avenue North right-of-way, which has never been built, exists to the east of the plat. Although the applicant does not own the underlying rights to the land, S and G Associates have petitioned for vacation of the right-of-way since there is no need for the street and the continued existence of right-of-way would acquire greater building and parking setbacks, The first reading of an ordinance vacating this portion of Irving Avenue North right-of-way has been held by the City Council at its June 10, 1985 meeting. The proposed plat indicates an existing 10' wide sidewalk easement along the west side of Lot 1. It also indicates a 66' wide utility easement immediately east of the existing apartment building. The City Engineer has recommended that 5' wide drainage and utility easements be provided along interior property lines and 10' wide easements along 69th Avenue North right-of-way. The City Engineer has also recommended that 3' to 7' of additional right-of-way along 69th Avenue North be dedicated in order to achieve a 50' wide half -street for the southerly portion of 69th Avenue North. The total right-of-way for the south half of 69th Avenue North presently expands from 43' to 47' going from east to west. The City Engineer has also requested documentation of a storm sewer easement within the proposed Lot 2 where a 21" storm sewer exists to serve the Spec. 7 site to the south. The City Engineer has also noted that the property is subject to additional water assessment and that a utility hookup agreement should, therefore, be required. The proposed plat meets general ordinance requirements and can be approved, subject to at least the following conditions: 6-13-85 -1- Application No. 85015 continued 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The plat shall be modified in the following manner, prior to final plat approval" a) Additional right-of-way shall be dedicated along 69th Avenue North to provide for a 50' wide half -street. b) Drainage and utility easements shall be indicated as 5' along interior property lines and 10'along 69th Avenue North. c) The common property line shall be moved eastward to provide a 5' greenstrip adjacent to the curb line of the existing parking lot. 4. Final plat approval is subject to adoption of an ordinance by the City Council vacating the Irving Avenue North half -street east of the subdivision. 5. The applicant shall enter into a standard utility hookup agreement prior to final plat approval. 6. The plat shall receive final approval and filed at the County prior to issuance of building permits for the proposed Lot 2. 6-13-85 -2- -?cG,4k5D/5- TO: Ron Warren, Director of Planning and Inspections FROM: Jim Grube, City Engineer C� DATE: June 3, 1985 RE: Tanami Addition Staff has reviewed the developer's proposal for "Tanami Addition", subdivision of the Earle Brown Farm apartment complex property on 69th Avenue North, westerly of Humboldt Avenue North, under Planning Commission Application No. 85015. The following comments are offered regarding the application: Easements (in favor of City) 1. Recorded easements which encumber the property include: a. Sidewalk - 10 feet along the west line of subdivision (Document No. 1139654) b. Utility - approximately 66 feet wide running north -south through the middle of the subdivision (Document No. 1032866) 2. Recommended easements include: a. Standard 5 foot easements along all lot lines not abutting street right of way b. Standard 10 foot easements abutting street right of way Note: Staff does not view the half street width of Irving Avenue North abutting the subdivision's easterly boundary to constitute street right of way of consequence. Staff proposes to recommend its vacation as part of the development proposal. c. Necessary street easement or dedication along the subdivision northerly boundary to provide an effective half street width (centerline to edge of dedication or easement) of 50 feet. Presently, the platted half street width is 33, and, in addition, a second street dedication of 10 to 14 feet was granted under Document No. 1147859. The additional dedication of 3 to 7 feet appears necessary. Note: The effective 50 foot width would allow for street widening and installation of sidewalk at a future date. Utility Hookup Charge 1. The parent parcel (Tract A, R.L.S. 1382) is subject to additional water assessment. It is recommended the developer be required to enter into a utility hookup agreement in conjunction with the platting. Vacation of Abutting Street 1. A representative of the developer has requested that the half street width of Irving Avenue North abutting the easterly boundary of the subdivision be vacated. The property, if vacated, would become attached to Lot 2, Block 1 Hellsted Addition, not the property in question. However, staff has no development plans which would be affected by its vacation. Accordingly, the requested vacation appears to be valid. Utility Maintenance Agreement 1. Standard agreements should be entered into in conjunction with the platting of the subdivision. Easements (in favor of others) 1. Presently, a 21 inch storm sewer lying within the proposed Lot 2 serves Tract B, R.L.S. 1382 (the Spec 7 site). It is recommended the developer produce a copy of an easement which pertains to the installation to insure that all parties' interests are met. .. mom/ om mom ME , vi L, 2000 First Bank Place West Minneapolis Minnesota 55402 Telephone (612) 333-0543 Telecopier (612) 333-0540 Clayton L. LeFevere Herbert P. Lefler J. Dennis O'Brien John E. Drawz David J. Kennedy John B. Dean Glenn E. Purdue Richard J. Schieffer Charles L. LeFevere Herbert P. Lefler III Jeffrey J. Strand John G. Kressel Dayle Nolan Michael A. Nash Brian F. Rice Lorraine S. Clugg James J. Thomson, Jr James M. Strommen Mary C. Nielsen Terry L. Hall Ronald H. Batty William P. Jordan Susan Dickel Minsberg Kurt J. Erickson William R. Skallerud Thomas R. Galt Rodney D. Anderson Gary R. Bryant -Wolf LeFevere Lef ler Kennedy O'Brien 9- Drawz t Prolessional tsso(iation October 18, 1985 Mr. Gerald Splinter City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Re: Tanami Addition Dear Mr. Splinter: (�_ --nt7 8.::�-D /.-- Enclosed please find a copy of the Restrictive Covenant And Consent To Restrictive Covenant forwarded to our office by counsel for S & G Associates for our approval. This Covenant is hereby approved without contingency. If you should have any questions regarding this matter, please don't hesitate to contact me. Very truly yours, LeFevere, Lefler, Kennedy, O'Brien & Drawz, P.A. By ��-,- James M. Strommen JMS:krs Enclosures cc: Clyde C. Ahlquist RESTRICTIVE COVENANT AND CONSENT TO RESTRICTIVE COVENANT THIS RESTRICTIVE COVENANT IS MADE AND ENTERED this day of , 1985, by and between S & G Associates, a Minnesota Partnership (hereinafter, "Developer") and CITY OF BROOKLYN CENTER, a Municipal Corporation under the laws of the State of Minnesota (hereinafter, "City") and consented to by Olmsted Federal Savings and Loan Assocation, a United States Corporation, First Federal Savings and Loan Association of Mankato, a United States Corporation, Wells Federal Savings and Loan Association, a United States Corporation, Red Wing Federal Savings and Loan Association, a United States Corporation, and Owatonna Savings and Loan Association, a Minnesota Corporation, as Mortgagees (hereinafter, "Mortgagees"). RECITALS FIRST: The Developer is the owner of certain land in the City, which is described as: Tract A, Registered Land Survey No. 1382, Files of Registrar of Titles, County of Hennepin. SECOND: The Developer seeks approval from the City to sub- divide the above -described property into two lots, more par- ticularly described as: Lots 1 and 2, Block 1 of Tanami Addition { IFtAIEt*7�-;�F-r. r�, and plans to develop the above -described lots at some future date; THIRD: The City has a policy requiring that a greenstrip or landscaped area be established and maintained along interior prop- erty lines in order to preserve the aesthetic quality of real property developed within the City; FOURTH: Mortgagees, of all or part of the real estate described in this Restrictive Covenant by and between the Developer and the City are willing to consent and to subordinate their interest, as such interest may appear of record, to the Restrictive Covenant described herein. NOW, THEREFORE, in consideration of the premises and the mutual covenants hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which is hereby expressly acknowledged by the Developer and the City, the Developer and the City do hereby agree as follows: 1. The use of the Westerly ten feet (10') of Block 1, Lot 2 of Tanami Addition shall be restricted so as to pro- vide a greenstrip or landscaped area contiguous to the lot line; 2. All of the land described herein shall be held, sold. and conveyed subject to the restriction described in number One (1) above and shall run with the land described above and shall be binding on all parties having any right, title to or interest in the land described above or any part thereof, their heirs, suc- cessors, and assigns; -2- 3. The City shall have the right to enforce the agreement stated above against the Developer, its successors and assigns, in any court of law having jurisdiction over the subject matter of this Agreement; 4. Mortgagees, for themselves, their successors and assigns, consent to the Restrictive Covenant herein described and agree to subordinate their mortgagees' interest, as they may appear of record, to the Restrictive Covenant. IN WITNESS WHEREOF, the parties have hereunto set their hands the date and year first above written. CITY OF BROOKLYN CENTER S & G ASSOCIATES A Minnesota Municipal A Minnesota General Corporation Partnership By: By: Cyril E. Sheehy, Jr. Its A Partner STATE OF MINNESOTA) ) SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 1985, by Cyril E. Sheehy, Jr., a Partner of S & G Associates, a Minnesota General Partnership, on behalf of .the Partnership. Notary Public STATE OF MINNESOTA) ) SS. COUNTY OF RAMSEY ) t The foregoing instrument was acknowledged before me this day of , 1985, by , the , of the City of Brooklyn Center, a Municipal Corporation, on behalf of the Corporation. Notary Public -3- I By: OLMSTED FEDERAL SAVINGS AND LOAN ASSOCIATION, a United States Corporation Its: FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF MANKATO, a United States Corporation By: Its WELLS FEDERAL SAVINGS AND LOAN ASSOCIATION, a United States Corporation By: By: By: -4- Its RED WING FEDERAL SAVINGS AND LOAN ASSOCIATION, a United States Corporation Its OW ATONNA SAVINGS AND LOAN ASSOCIATION, a Minnesota Corporation Its STATE OF MINNESOTA) SS. COUNTY OF ) In witness whereof said Olmsted Federal Savings and Loan Association, a United States Corporation, has caused these pre- sents to be signed by , its , this day of , 1985. Notary Public STATE OF MINNESOTA) SS. COUNTY OF ) In witness whereof said First Federal Savings and Loan Association of Mankato, a United States Corporation, has caused these presents to be signed by , its this day of 1985. Notary Public STATE OF MINNESOTA) SS. COUNTY OF- ) In witness whereof said Wells Federal Savings and Loan Association, a United States Corporation, has caused these pre- sents to be signed by , its , this day of , 1985. Notary Public -5- 0 STATE OF MINNESOTA) SS. COUNTY OF ) In witness whereof said Red Wing Federal Savings and Loan Association, a United States Corporation, has caused these pre- sents to be signed by , its this day of , 1985. Notary Public STATE OF MINNESOTA) SS. COUNTY OF ) In witness whereof said Owatonna Federal Savings and Loan Association, a Minnesota Corporation, has caused these presents to be signed by , its this day of 1985. Notary Public f I