HomeMy WebLinkAboutPC83010 - 3/17/83 - Shingle Creek Pkwy & 69th AveNt.w, %ftw
PLANNING COAD41SSION FILE CHECKLIST
File Purge Date:
FILE INFORMATION
Planning Commission Application No. U-014
PROPERTY INFORMATION
Zoning:
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: ✓ landsc��piny
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 Range Location
Agenda Cover Sheet: Planning Commission Agenda Book
Minutes: Planning Commission
Minutes: City Council
Resolutions: Planning Commission
Resolutions: City Council
Ordinances: City Council
-i11.y1p3 S1ia183
--90"O -J, s1..3183
City Vault
City Vault
City Vault
City Vault
City Vault
Historical Photographs: Planning Commission City Archieve
��'Li`.f>!(`lifd�., [U`ii•i[.,`,;!Ur /;.l'ii..l�:�lIl'.1l�
Appl i ca ti un No.- 83010
Please Print Cl earl or lyre %;� w "� •7 ;,
Street Location of Property Shingle Creek Parkway and 69th AvPn�_No., Brook _Ctr I� _
Legal Description of Property Lots 017, 018,019.020.021.020 3,0244,025n26 nz
001,002,003,004,005,006,007,008, all in Block 001, Earl BrT2. Townhouses Addition1
_ Brooklyn Center, Minnesota. -'
Owner Sheehy Construction ConpMy�and Bernu Cornpaniga, Inc. �M
Address 1711 West County Road B, Roseville, Minnesota. 113 _ Phone No.636-2275
Applicant Bernu Companies, Inc. ( Rodney E. Bernu )
Address 1711 West County Road B. Roseville Minnesota 55113 Phone No. 636-2275
Type of Requ',st: Rezoning Subdivision Approval
Variance x _ Site & Bldg. Plan Approval
Special Use Permit Other:
Description of Request: We are seeking approval to modify and revise the existing Plat Qf__
the subject property to conform with the City of Brooklyn CentQ11s u.larP Roadway
f
y^improvement plans, and to change the architectual concept that exists, for the
remainder of the units to be developed and constructed.
The applicant requests processing of this application and agrees to pay to the City of
Brooklyn Center, within fifteen (15) days after maiiin, or delivery of the bi 11ng s at.e-
ment, the actual costs ircurred ty the City for Engineering, Planning and iregal expens�:s
reasonably and necessarily required by t1he City for th cessina of the application.
Such costs shall be in addition to the application _ ,e des .ri bed herein W i .hdr-awal of
the application i shall not relieve the d pl i caot o i Gh ob i anon to Pay
Qo - s i ncurred
prior
.Fee $ 100.00 A ican t's Signature
Receipt No.
59967
Date: March 3.1983
PLANNING i�ii COnIISSION FCO[sIN1ENGATIrJN�
Dates of P.C. Consideration:_ J,�q,�e 3-17-FS
Approved �_ Denied this -�—Z day of � 19subject to the a
following conditions:
CITY COUNCIL ACTION
Dates of Council Consideration:
Approved Denied this day of
amendment:
rman
19 .� , with the following
• GICI
P/1 Form No. 18 (over ,lease)
I
C15*'Y OF BROOKLYN Cl.-INTER, MIN,,NE SC A
(=:i01 Shingle Creek Parhway 55430
PROCEDURES AND Rh `U1RLPC,-MS FOP, FILING APPLICATION FOR SITE AND BUILDING
PLAN APPI:OVAL
Pri.r r to s1A)nission of an application for plan review and approval, prospective
applicants :should arrange an informational meeting with the Planning Staff to
discuss pre.i.ilriinuiry 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 O ems prior to the date of the regular Commission meeting, concurrent
with fit t:;e applicatior. !reruired documents must be consist- w..th ordi-
nance and policy provisions before an application may be accepted):
1. A certified site survey drawing by a registered engineer or land surveyor
shc;wi-ng po tinent existing condition, accurately dimensioned.
2.* An accurately scaled. and dzrlensicned site play, 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 matcri,a1;
d) outside lighting provisions, type and location;
e) curbing.
' c c� o 7 s l r size .. �?. �i..Zni.1.��t.".t i.;i^ �)1�'] Si1C:wwi1C i'� F.C.0 +.:C? la S..C;�3.t�'.�' or .:,$E.CjeCi; .occtt.i t�>.l, S s.�. r.i.d.
species o2. -; ee s ct:''ram shr uh.',-:. ry .
.' 3u .L:1.i nn loor ?' ai-2 E`� r'`J�tion s, sectioS_s and s ?cif cations., including
materials pzopL`seci .
t7 t ^ -1 v` -0 1
.::x�.:� is J ;:.r,... f:_ :p:,ti.:d i�,Iid �..�ev4ti.ons, c.��;.i. _..y.. �,�cti :>iu,a�, ;�..�� .�:.....:.,_•.L
'Oditional dra*rvi_.]gs, plans or information deemed necessary by the Secretary.
i4.1st prepared by a registered architect t or person raga.rx erect 'with
h the State:
e.(,1 �i'� - t?.cn for Architect , :7Cr1 ^.E c S and Land .�ili'VR? flr:S, and. Said.
shall be so ceritifi.ed.
.•._, U on by -i-h-. (:oL'.Il.c-LI ;]nd. rric.r to .? s:i:.]arce of re::l.:_'.t.i
zC{`F'.ci"s Ii.:' a S to j-,}-r07E's r.n,.. a. supportl_n a `� ),n-
^il d ' Li2
c hr-atErIrine-' tl�City, ..`..t_riTE'3L7 "' I': ] edl 'Z'C 7r P't
r:i1 Ea7:: ti i In rr,'1u e lash escrc-- ; of dc-.A osit; [l:'.-
;)it:s C* ti. e ", n; O � :yT e OLta,.'.ne-.-! .r.rb::� the -�dr in?_.��"� r�t3�rc? ii ].G s
�stions should be directed to the Planning and Inspection Departnent.
P/I Form No. 19
~ � V � �' �'�.`'�� �'•ot3 � e �, nvwsT wew••R..m..r ti ..� � � '
- � ~ `i � L� - L �ufeS .To e.u>tTua` (Y• �i��J�
67D•6' � �'. ewn0 r �
�-
.4 Ilk, a4
lr-MOVIC
Iur+.�_
ION
bsy
es
84
19�
SR tJ • �` r�
Oh
oA
r� 1352 ! /' /! .CAN .� \\ I � 'e46.6 • .n _
/sse \ -Y ••J,v f' .1.,, •�5 .6^rN57!"
10 "� 37 ti. •i:,'n �wrri+ ( f
fs
648.
rr1��1'��Y E'f°1 � ` / ). '�"`G'vs3 � _ Dt4L,5 I, Q •tlJY�" � E
N
�i
wl
ter...
^l
t
•__
ol. Ga
�S IV
V. C
K;�
Planning Commission Information Sheet
Application Nos. 83010, 83017
Applicant: Rod Bernu
Location: 69th Avenue and York Place
Request: Site and Building Plan; Preliminary Plat
This matter relating to the Earle Brown Farm Townhouses at 69th Avenue and York Place
was first reviewed by the Planning Commission at its March 17, 1983 meeting. At
that time, the Commission tabled the matter because it was unwilling to grant the
full density credit allowable under the ordinance for 26 new townhouse units. A
revised plan for 24 new units (a density credit for 3 units) was submitted at the
April 28, 1983 meeting. After receiving extensive comment at both meetings, the
Commission informed the developer at the April 28th meeting that no density credit
would be granted and tabled the application until a plan with no more than 21 new
units was submitted.
The applicant has submitted a new plan with 21 new townhouse units. The two four -
unit buildings opposite the southerly existing building have been replaced by a
five -unit building clustered with the three four -unit buildings on the east side
of the property (see copy a:f plan attached). This opens up a different green space opposite
the existing southerly quad home. The plan designates this area for a future tennis
court or recreation area. (A tennis court would apparently encroach into the 15'
buffer strip adjacent to the single-family homes south of the project. We cannot
recommend approval of such a facility in this location). The new plan provides
for 21 guest parking stalls. The landscaping has been relocated and is still
fairly generous.
Regarding the preliminary plat, we have discussed the questions over the City's
right to approve a replat of Earle Brown Farm Townhouses briefly with the City
Attorney. He has assured us that the City may approve a replat of the common area
and two existing vacant lots. He acknowledges that a privately pursued lawsuit by
the eight existing townhouse owners may prevent the filing of such a replat. However,
he advises that the Planning Commission and City Council should not intervene in this
civil dispute, but should process the replat as though there were no dispute, based
solely on the requirements of City ordinances.
Based on those requirements, the proposed plat and site and building plan are accept-
able and approval is recommended, subject to the following conditions:
For Application No. 83010:
1. Building plans are subject to review and approval by the Building
Official with respect to applicable codes prior to the issuance
of permits.
2. Grading, drainage, utility and berming plans are subject to review
and approval by the City Engineer, prior to the issuance of permits.
3. A site performance agreement and supporting financial guarantee (in
an amount to be determined by the City Manager) shall be submitted
prior to the issuance of permits to assure completion of approved
site improvements in the area of new construction.
5-12-83
J
Application Nos. 83010, 83017 continued
4. Any outside trash disposal facilities and rooftop mechanical
equipment shall be appropriately screened from view.
5. Plan approval is exclusive of all signery which is subject to
Chapter 34 of the City Ordinances.
6. B612 curb and gutter shall be provided around all parking and
driving areas.
7. The building plans shall be certified by a registered Minnesota
architect prior to the issuance of building permits.
For Application No. 83017:
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 final plat shall be filed at the County prior to the issuance
of building permits.
5-12-83 -2-
Planning Commission Information Sheet (Addendum)
Application Nos. 83010, 83017
Applicant: Rod Bernu
Location: 69th Avenue North and York Place
Request: Site and Building Plan, Preliminary Plat
This information sheet is an addendum to the information sheet for the April 14,
1983 meeting. The applicant has revised the preliminary plat to provide all correct
measurements. The plat has also been revised to exclude from the replat those eight
lots with existing townhouses. The new plat calls for 24 townhouse units, one
common area, and one outlot. The site layout has also been revised by shifting the
northerly most townhouse cluster southward so that the 50' setback requirement from
future 69th Avenue North is met.
Conditions for the preliminary plat are recommended as follows:
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 final plat shall be filed at the County prior to issuance
of building permits.
4-28-83
Planning Commission Information Sheet
Application Nos. 83017 and 83010
Applicant: Rod Bernu
Location: 69th Avenue North and York Place
Request: Preliminary Plat, Site and Building Plan
The applicant requests preliminary plat approval to replat the
Earle Brown Farm Townhouses into 32 townhouse units (8 existing
and 24 new), one common area lot, and one outlot (to be acquired
for right-of-way for Shingle Creek Parkway). This is a companion
application to the site and building plan application (No. 83010)
submitted to the Planning Commission at its March 17, 1983 meeting.
That application was tabled pending the submittal of a proper pre-
liminary plat. The land in question is zoned R3 and is bounded by
69th Avenue North on the north, by the Earle Brown Farm Estates on
the east, and by single-family homes on the south and west.
The Commission may recall that Mr. Bernu originally sought approval
for 26 townhouse units, implying a density credit of 5 units for
double tuck -under garage stalls. After considerable comment from
the residents of the eight existing units, the Commission was
divided as to what if any density credit should be allowed. Three
Commissioners were willing to allow a density credit for 3 additional
units to allow a total of 24. Three Commissioners preferred no
density credit at all, allowing the normal ordinance maximum of 21
additional units. (Commissioner Ainas abstained as he could have
a conflict of interest). Mr. Bernu has chosen to seek approval
for 24 new units.
Mr. Bernu has changed the design of the project by splitting the
eight -unit building into two 4-unit buildings and by reducing the
two five -unit buildings to 4-unit buildings. Thus, the plan now
calls for six linear 4-unit buildings to be added to the two quad -
home buildings existing on the site. The new site plan allows for
the existing utility lines to be salvaged, although some capacities
will have to be increased to serve additional units. The landscape
schedule has been revised to reflect proposed plantings and to in-
clude four 6" trees. A sidewalk network serving the fronts of the
units has also been added to the site plan. In other respects, the
site plans are not significantly changed.
The building plans have been revised to provide higher roof -lines
and dormers on the front elevations. (There will be no third floor
to the units, only a very tall attic area.) The builder thereby
hopes to make the units more similar in height and roof -pitch to
the existing units. The plans also show very shallow balcony rail-
ings off of 6' x 6' patio doors in the master bedrooms. The build-
ing plans have not been certified by an architect as required by
ordinance. We would recommend that such certification be a condition
of receiving building permits.
The preliminary plat keeps the same townhouse lots for the eight
existing units as were designated in the original plat, 30' x 66.73'.
The new lots also provide for a small private area adjacent to the
individual units. The new townhouse lots are 20' wide for interior
units and 23' wide for end units. All are 47' deep. The units
themselves are 20' 6" x 39' 6". The NSP easement along the east
portion of the property is indicated on the plat. It passes through
4-14-83 -l-
Application Nos. 83017 and 83010 continued
the back portions of lots 21 through 24 of the proposed replat.
The preliminary plat as submitted is roughly drawn. Most of the
site data are left off because they are contained in the site plan.
However, we have also discovered that some of the property lines
do not scale with the listed dimensions and we are not certain that
setbacks will be met by some of the units. Also the dimensions
of Outlot A are either incorrect or missing. The Assistant City
Engineer has redrawn the southwest line of Outlot A and it results
in a deficient setback for the closest four -unit building. We
recommend that the plat, in its present form, not be approved. How-
ever, if a better, more accurate drawing without setback conflicts
is submitted by Thursday's meeting, we will be prepared to recommend
conditions of approval for the plat.
The primary question over the site plan, assuming dimensions can be
verified, is the total number of units. Whether or not the Planning
Commission is prepared to grant a density credit for three additional
units, the conditions listed below are recommended. However, action
at this meeting should be contingent on both an acceptable plat and
a site plan that contains an acceptable number of units.
Recommended conditions:
1. Building plans are subject to review and approval
by the Building Official with respect to applicable
codes prior to the issuance of permits.
2. Grading, drainage, utility and berming plans are
subject to review and approval by the City Engineer,
prior to the issuance of permits.
3. A site performance agreement and supporting financial
guarantee (in an amount to be determined by the City
Manager) shall be submitted prior to the issuance of
permits to assure completion of approved site im-
provements in the area of new construction.
4. Any outside trash disposal facilities and rooftop
mechanical equipment shall be appropriately screened
from view.
5. The building is to be equipped with an automatic fire
extinguishing system to meet NFPA standards and shall
be connected to a central monitoring device in accor-
dance with Chapter 5 of the City Ordinances.
6. Plan approval is exclusive of all signery which is
subject to Chapter 34 of the City Ordinances.
7. B612 curb and gutter shall be provided around all
parking and driving areas.
8. The building plans shall be certified by a registered
Minnesota architect prior to the issuance of building
permits.
4-14-83 -2-
Planning Commission Information Sheet
Application No. 83010
Applicant: Rod Bernu
Location: Shingle Creek Parkway and 69th Avenue North
Request: Site and Building Plan
The applicant seeks site and building plan approval to construct 26 townhouse units
on the land remaining in the Earle Brown Farm Patio Homes at 69th Ave. North and York
Place. The land in question is zoned R3 and is bounded by 69th Avenue North on the
north, by the Earle Brown Farm Estates on the east, by Old Xerxes Avenue North and
single-family homes on the south, and by single-family homes on the west. The
complex presently has two quad homes for a total of 8 units. Construction of an
additional 20 units was abandoned some years ago and the project has remained
unfinished.
The total land area of the site is 4.38 acres. The existing townhouses require a
land area of 43,200 sq. ft. (approximately one acre) at one unit per 5,400 sq. ft.
The proposed site plan then takes into account a prospective right-of-way acquisition
of .73 acres for realigning the intersection of Shingle Creek Parkway with 691th
Avenue North (see layout attached). This leaves approximately 2.66 acres, or 115,870
sq. ft. of land, remaining for additional townhouse development. Since the applicant
intends to build townhouses with double tuck -under garages, the maximum permissible
density is calculated at one unit per 4,400 sq. ft., rather than the normal density
of one unit/5,400 sq. ft. (the Zoning Ordinance allows a credit of 500 sq. ft./under-
building garage stall/unit). The resulting calculation allows for 26.33 units or
26 units, as proposed.
The complex presently obtains access off 69th Ave. North only. No access is allowed
off "Old" Xerxes Avenue North in order to prevent cut -through traffic through the
townhouse development. This access off 69th will likely be modified when the City
acquires land. and realigns the 69th Ave. North/Shingle Creek Parkway intersection.
The land area to be acquired for right-of-way will be platted into a separate lot
(possibly an outlot), to separate it from the remainder of the complex. A preliminary
plat has not yet been submitted. However, we expect it to be submitted by Thursday
night's meeting.
The site plan proposes two five -unit buildings, two four -unit buildings, and an
eight -unit building. Each unit will have two indoor and two outdoor parking spaces.
In addition, the site plan calls for 15 guest parking stalls. Total parking is
more than adequate, and guest parking is adequate.
The proposed landscape plan is generous in total plantings provided. However, no
6" diameter trees are listed (four are required for the 26 units). Scheduled
plantings include: 30 Green Ash (22" to 4" diameter); 12 Russian Olives (12" - 2"
diameter); Flowering Crab (12" to 2" diameter); 17 Redwine Dogwood (2' - 3' ht.);
90 Cutleaf Sumac (2' - 3' ht.); 43 Colorado Green Spruce (2' - 5' ht.); and 15
Black Hills Spruce (4' - 5' ht.). This is an abundance of plantings, but they do
not all appear on the site plan. We recommend that the landscape schedule be
revised to reflect what is shown on the plan as that seems more than adequate.
The Green Ash tend to be located on the front side of units (opposite the garge
side). Green Spruce are located along the periphery of the site or adjacent to
driving lanes. There are a number of Cutleaf Sumac and Redwine Dogwood along the
east and south property lines, but again not as many as listed on the landscape
schedule. A fence of unspecified height is indicated adjacent to the single-family
homes for required screening,
3-17-83 -1-
Application No. 83010 continued
+ The grading and drainage plan provides for water to drain along the main driveways
in a more -or -less southerly direction toward two catch basins along the south edge
of the site. These two catch basins drain into a 15" storm sewer that flows through
the Earle Brown Farm Estates property to the City storm sewer in Shingle Creek
Parkway. A utility easement exists for this purpose through the First Addition of
the Earle Brown Farm Estates.
The utility plans are not finalized. The Earle Brown Farm Patio Homes were approved
in 1972 for 28 units. Although only eight units were built, the utilities were
installed for all 28 units based on a layout of seven four -unit buildings. These
utilities will be partially abandoned and partially modified to serve the proposed
layout of 26 additional townhouse units.
The building exterior will be of prefinished 12" hard board siding, horizontal on
side and rear elevations, vertical in front. Face brick is indicated along the
lower 3' of the front elevation. The units will be two -bedroom units, split-level
off the front entry. On the lower level will be two -car garages and a future rec room.
The units are each 20' 6" wide and 37' 6" deep. The total living space of the units
is roughly 1,070 sq. ft., counting the unfinished recreation room. This is definitely
smaller than the eight existing units in the complex which have been unmarketable
for some years. The color of the new units has not yet been specified, but Mr.
Bernu intends that they be compatible with the existing grey rough -sawn ceder
exterior. The plan also calls for post lights with 18 "globes interspersed at
every other garage to provide security lighting and help set off the individual
units.
The applicant has submitted the site and building plans for an initial review by the
Planning Commission at this time. No action is recommended, however, until a pre--
liminary plat is submitted showing the land to be acquired for right-of-way in a
separate lot. Mr. Bernu has stated his intention to complete the development as an
owner -occupied townhouse project, compatible with the eight existing units. It is
recommended that the Planning Commission table the application until an appropriate
preliminary plat is submitted.
3-17-83 -2-
CITY
OF
0 7'LYN
IaL
C ENI
January 19, 1984
Mr. Rod Bernu
4515 Robin Circle
Robbinsdale, MN 55422
Dear Mr. Bernu:
6301 SHINGLE CREEK PARKWAY
BROOKLYN CENTER, MINNESOTA 55430'
TELEPHONE 561-5440
EMERGENCY -POLICE -FIRE
911
This letter is in response to our recent phone conversation regarding the Earle
Brown Farm Townhouses located at 69th Avenue North and York Place in the City of
Brooklyn Center. Specifically, you inquired whether you could get building permits
for the units for which you had received site and building plan approval under
Planning Commission Application No. 83010 on May 23, 1983. I explained in order to
obtain permits you must meet all of the conditions pertaining to that application
and the preliminary plat which was approved by the City Council under Planning
Application No. 83017, also on May 23, 1983, would have to be given final approval
by the City Council and filed with Hennepin County prior to the issuance of any
building permits.
You indicated that you had been requested by Mr. Cy Sheehy to also inquire whether
building permits for the units you proposed in 1983 could be issued on the basis
of the legal plat of record. I responded that your site plan did not correspond
to that plat and, therefore, either an amendment to the site plan or the prelimi-
nary plat would have to be accomplished prior to permits being issued. You
stated that you had been advised by Mr. Sheehy that a plat had been approved in
the early 1970's for a linear arrangement of townhouses and that you should seek
building permits under that concept. I informed you that I was not aware that
any such plat was the legal plat of record, but would research the matter and
advise you.
The following is the result of my research into.the actions that have transpired
relating to the property in question:
1. On August 28, 1972 the City Council, following the review and
recommendation of the Planning Commission, approved Planning
Commission Application No. 72050 which was a request for site
and building plan approval for a 36 unit townhouse complex on the
site in question. That concept was for 9 quadra homes, each
containing 4 townhouse units.
2. Building permits for 28 units in the complex were issued on
November 29, 1972 and December 18, 1972. All but 8 of these
building permits were later voided due to expiration and only
8 of the 28 units were constructed (those being the 8 existing
units or the two quad homes there presently).
"7l:> L�met't:i dram
11r., Rod Bernu
Page 2
January 19, 1984
3. Apparently at the time the building permits were being requested
a preliminary plat was also submitted to the City for. review.
Planning Commission Application No. 72087 comprehending a plat
for 28 townhouse lots (in an arrangement of 7 quadra homes) and
one common area was approved and accepted by the City Council,
following Planning Commission review and recommendation, on
January 22, 1973. That plat was filed and is the current plat of
legal record.
4. On November 5, 1973 the City Council, following Planning Commission
review and recommendation, approved an amendment to Planning Com-
mission Application No. 72050 for site and building plan approval
for the relocation of buildings, a reduction in the number of units
to 30, and modification in the design plans for the townhouses.
This plan amendment introduced linear townhouse units as an option
to the existing quadra homes. It should be noted that the record
of this approval notes a comment from the Planning Commission
Secretary that a new plat would be required for this plan since
the building locations would be substantially altered from the
positions indicated on an already approved plat.
5. No new plat was ever submitted for the linear plan and no building
permits were issued for construction of these units based on this
amended plan.
6. The only other activity relating to platting or new site and build-
ing plans was the two applications you submitted in 1983 relating
to the property, Planning Commission Application No. 83010 (site
and building plan approval) and Planning Commission Application No.
83017 (preliminary plat).
Building permits could be issued on the basis of the existing plat of legal record
with the quadra home concept which was approved back in 1972, this being the same
building plan used for the 8 existing townhouse units. A new Performance Agree-
ment and financial guarantee, however, would have to be submitted before these
permits were issued. Any changes to that site or building plan would require
Planning Commission review and City Council approval.
The City would not be in a positionat this time to. issue building permits for any
units lying in the area proposed for right-of-way. The City Attorney has been
directed by the City Council to attempt to negotiate acquisition of this area with
the affected property owners. My understanding is that some negotiations and/or
discussions have transpired between the parties regarding this matter.
If you have additional questions or comments or care to discuss this matter
further, please contact me.
Sincerely, l
Ronald A. Warren
Director of Planning and Inspection
RAW:mlg
cc:- Gerald G. Splinter, City Manager
Richard Schieffer, City Attorney
James Grube, Assistant City Engineer
File Nos. 72050, 72087, 83010,83017
LeFevere
Lef ler
henne(jv
O'Brien !L•
1)r.»vz
Pmft--. 1rrat
\suh iarknr
2000 First Bank Place West
Minneapolis
Minnesota 55402
Telephone 612-333-0543 May 11, 1983
Clayton L. LeFevere
►4.-rD ert P Lefler
J Dennis O'Brien
.schn E Drawz Mr. Sy Knapp
[,avid J Kennedy City of Brooklyn Center
John B Dean
G'enn E. Purdue 6301 Shingle Creek Parkway
A -chard J. Schieffer Brooklyn Center, MN 55430
Charles L. LeFevere
Herbert P Lefler III
Jeffrey J. Strand Re: Reroute of 69th Avenue at Palmer Lake
Mary J Blorklund
John G Kressel Dear Sy
Dayfe Nolan
Cindy L. Lavorato
Michael A. Nash We have had an opportunity to review the issues raised by Al
Luke R Komarek
n N Ericksen Seran who represents eight property owners in the Earle
Joan
Elizabeth D. Moran Brown Townhouses regarding our acquisition of part of vacant
portions of that development.
First, Mr. Seran is correct in his assertion that the
Declarations of the Earle Brown Farm Townhouses require a
3/4 vote of its association members approving any conveyance
of common area to a public agency or authority. Therefore,
Mr. Seran will have to be included in negotiations for
purchase of part of the common area.
The answer to the other issue raised by Mr. Seran is not as
clear. He asserts that property can only be replatted
through District Court proceedings, pursuant to Minnesota
Statutes §505.14, to vacate the underlying plat. Mr. Seran
is correct that vacation proceedings are necessary if a
property owner wishes to alter the original plat of record.
However, nothing in the statute seems to compel vacation of
the underlying plat when a property owner simply files a
replat over already platted property. When a replat is
filed over platted property, both plats continue to exist of
record. The replat does not, and cannot, change the dedications
on the original plat. If a property owner wishes to alter
the dedications on the original plat,.then the vacation
proceedings to which Mr. Seran refers would be useful, or in
the alternative, vacation proceedings authorized by 5462.358(7)
or §412.851, which we normally follow under our charter.
l
Mr. Sy Knapp
May 11, 1983
Page Two
Our interpretation of the statute is consistent with the
views of the Hennepin County Surveyor's Office. They advise
us that replats of property are routinely filed without
vacation of the underlying plats and that vacation pro-
ceedings are usually had only when the plattor reroutes or
alters dedicated streets on the original plat.
I believe Mr. Seran has notified Sheehy Construction of his
clients' interests. We will include Mr. Seran in any future
negotiations.
Feel free to contact us if you have any questions regarding
our conclusions.
Sincerely,
LeFEVERE, LEFLER, KENNEDY,
O'BRIEN & D WZ
fa
Ric and J. Schi erV
RJS:law
cc: Ron Warren
Al Seran