HomeMy WebLinkAboutPC83027 - 6/30/87 - 4821 Xerxes AvePLANNIMG (:0I11�1!1PH-ICAiION
Application No.
83027
Please Print Clearlyar T.yRe
Street location of Property__ 4821 Xerxes Avenue North
Legal Description of Property_,__ see attached
Owne r_ _ Howe, Inc. - Tom Howe
Address 4821 Xerxes Avenue North Phone No.535-1030
Applicant.
Address
Type of Request:
same
Rezoning
Variance
Special Use Permit
Phone No.
x Subdivision Approval
Site & Bldg. Plan Approval
Other:
Description of Request: To subdivide the property for Howe, Inc. 2nd Addition.
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 o-F the application.
Such costs shall be in addition to the application fee described herein. Withdr?nial of
the applica-tition small not relieve the applicant of the obligation to pay costs incurred
prior to Sri thdrawaI .
Fee $ 55.00
Receipt No. 61100
Date:
June 13, 1983
cam's 5igna
PLANNINGCOMMISSiOta RECOi9i}EiiDA11ON
Dates of P.C. Consideration:
Approved Denied
following conditions:
this day of Jw.
CITY COUNCIL ACTION
Dates of Council Consideration:
Approved � Denied this _�r day of
amendment:
19, subject to the
19 y--3 , wi th the fol 1 owi ng
Clerk
P/I Form No. 18 (over please)
CITY OF BROOKL?'N CENTER, MINNESO`t'A
6301 Shingle Creek Parkway 55430
PROCEDURES AND REQUIREMENTS FOR FIL111G APPLICATION FOR SITE AND BUILDING
PLAN APPROVAL
Prior to submission of an application for plan review and approval, prospective
applicants 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,
_,.t least 14 days prior to the date of the regular Commission meeting, concurrent
ATE 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.
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 prcposed land elevations, drainage provisions, and utility
provi.si.c.17s .
6. Additional drawings, plans or information deemed necessary by the Secretary.
*'dust be prepared by a registered architect or person registered with the State
'ctard of Registration for Architects, Engineers and Land Surveyors, and said
-:- urings/plans shall be so certified.
.'N'07.: Upon a rcval of plans by the Council and p pp. p y prior to issuance of permits,
.a Performance Agreement as to approved site improvements are, a supporting finan-
Pi,.al guarantee, in an amount to be determined by the City, are required. .Accept -
financial instruments include cash escrow; certificate of deposit; and
;performance bond.
Zopies of the Zoning Ordinance may be obtained from the Administrative Office.
Questions should be directed to the Planning and Inspection Department.
P/I Form No. 19
Planning Commission Information Sheet
Application No. 83027
Applicant: Howe, Inc.
Location:: 4821 Xerxes Avenue North
Request: Preliminary Plat
The applicant requests preliminary plat approval to combine into one parcel the
existing Howe, Inc. site and a parcel of land presently owned by the Highway
Department as right-of-way and access to Howe, Inc. The applicant proposes to
use the extra land as an area for employee parking and to continue to use it for
access. The land in question is zoned I-2 and is bounded by 49th Avenue North
on the north, by Brooklyn Boulevard on the east, by the Soo Line Railroad on
the south, and by single-family residences on the west.
The proposed legal description of the property is simply Lot 1, Block 1, Howe,
Inc. 2nd Addition. The parcel being added to the Howe site is 26,676 sq. ft. in
area and the total parcel is 4.79 acres in area. No easements are shown on the
plat (apparently none either exist or are proposed) .
The plat appears to be in order and approval is recommended subject to at least
the following conditions:
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. Any existing easements shall be shown on the Preliminary
Plat prior to City Council approval.
6-30-83
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EXHIBIT A
LOT f, BloCK f 1-10-C INC AODirION,
That part of Lots 1 and Lot 2, Block 4, BrQoklyn Manor and that part of the North -
east Quarter of the Southeast Quarter of Section 10, Township 118, Range 21,
situate in Hennepin County, described as follows:
Commencing'at the northeast corner of Lot 2, Block 1, Howe Inc. Addition;
thence on an assumed bearing of S 88054'49"E, along the north line of
Lot 1, Block 1, said Howe Inc. Addition, 200.10 feet to the point of
beginning; thence S 86026102"F, along a line drawn from the point of
beginning to a point on the east line of said Northeast Quarter of the
Southeast Ouarter, distant 33.00 feet south of the East Quarter corner
of said Section 10, a distance of 162.64 feet to its intersection with
a line drawn parallel with .and distant 50,00 feet westerly of the follow-
ing described line: Beginning at a point,on the west line of Section 11,
Township 118, Range 21, distant 17.52 feet North of the West Quarter
corner thereof; thence run southeasterly at an angle of 15002'15" with
said West Section line •for 20.53 feet; thence deflect to the left on a
3*00' curve (delta angle 16048'11") having a length of 560.11 feet and
there terminating; thence southeasterly along a non tangential curve to
the east, 124.16 feet, said curve has a radius of 1959.86 feet, a central.
angle of 5°44'20" and a chord bearing of S 11 *53'VV E, to the east line
of said Northeast Quarter of the Southeast Quarter; thence S 0°03'09"W,
along said east line, 61.93 feet to the northeast corner of said Lot 1,
Block 1, Howe Inc. Addition; thence N 8602010011W, a distance of 90.20
feet; thence N 50031120"W; a distance of 101.55 feet; thence N 5044'10"W,
a distance of 50.09 feet; thence N 21004'45"Wt a distance of 75.05 feet
to the point of beginning..
CITY
of
BROOKLYN
� CENTER
December 4, 1986
Mr. James H. Russell, Attorney at Law
135 Valley Square Office Center
7575 Golden Valley Road
Golden Valley, MN 55427
6301 SHINGLE CREEK PARKWAY
BROOKLYN CENTER, MINNESOTA 55430
Re: Zoning Status of the Howe, Inc. Property
Dear Mr. Russell:
TELEPHONE 561-5440
EMERGENCY - POLICE - FIRE
911
This letter is being sent in response to your request to verify the status of the
zoning of the Howe, Inc. property.
Currently, the Howe, Inc. property is described as Lot 1, Block 1, Howe, Inc.
Addition and also includes remnant parcels located adjacent to and northeasterly of
the subject property. These remnant parcels were formerly held by the Minnesota
Department of Transportation and have been conveyed to Howe, Inc. as surplus
property.
Please be advised that the properties in question are located in the I-2 (General
Industry) zoning district within the City of Brooklyn Center. Attached is a copy of
Section 35-331 containing a listing of the permitted and special uses within that
zoning district. The manufacturing or production of ammoniated fertilizer is not
listed as a permitted or special use within this zoning district. This aspect of
the Howe, Inc. operation is, therefore, a nonconforming use under the City's Zoning
Ordinance and is subject to the provisions of Section 35-111 of the Zoning Ordinance
(attached). This section of the ordinance prohibits the expansion, enlargement or
alteration of a nonconforming use. These provisions also prohibit a nonconforming
use to be moved to another part of the parcel and if the use is destroyed in excess of
50% or if the use ceases for a period of two years, it may not be restablished.
The manufacturing of ammoniated fertilizer as conducted at the Howe, Inc. operation
is considered a "legal nonconforming use" in that it existed prior to the adoption of
City Ordinances in 1957 that prohibit this use in the I-2 zoning district. As a
legal nonconforming use it is allowed to continue subject to the above listed
limitations.
roae ut•uaRiu an : r
Mr. James Russell
Page 2
December 4, 1986
The other aspects of the Howe, Inc. operation, as I am aware of them, such as the
storage and distribution of fertilizers and agricultural products, and the mixing
and blending of various fertilizer products, are allowed uses in the I-2 zoning
district.
I hope this letter satisfactorily addresses your concerns. If you have any
questions or comments regarding the above, please contact me.
Sincerely,
Ronald A. Warren
Director of Planning and Inspection
RAW:mlg
cc: Gerald G. Splinter, City Manager
Richard J. Schieffer, City Attorney
Enclosures
073°
MINUTES OF THE PROCEEDINGS OF THE MOUSING AND
REDMILOPh1ENT AUTHORITY OF THE CITY OF BROOKLYN
CENTER IN THE COUNTY OF HENNIEPIN AND THE STATE
OF MINNESOTA
SPECIAL SESSION
FEBRUARY 13, 1984
CITY HALL
CALL TO ORDER
The Brooklyn Center housing and Redevelopment Authority met in special session and
was called to order by Chairman Dean Nyquist at 8:30 p.m.
ROLL CALL
Chairman Dean Nyquist, Cer^nissioners Gene Lhotka, Celia Scott, Bill Hawes, and Rich
Theis. Also present were HRA Director Gerald Splinter, Director of Public ;-Yorks Sy
Knapp, Director of Finance Paul Holinlund, Director of Planning & Inspection Ron
Warren, City Attorney Richard Schieffer, and Administrative Assistant Tom Bublitz.
APPROVAL OF MINUTES - JANM EY 9, 1984
There was a motion by Commissioner Scott and seconded by Commissioner Hawes to
approve the minutes of the January 9, 1984 Brooklyn Center Housing and Redevelopment
Authority meeting as submitted. Voting in favor: Chairman Nyquist,
Commissioners Lhotka, Scott, Hawes, and Theis. Voting against: none. The
motion passed unanimously.
RESOLUTION N0. 84-2
' Fenber Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION APPROVING SEVEN (7) BROCKLYN CENTER HOUSING REHABILITATION GRANTS
The motion for the adoption of the foregoing resolution was duly seconded by member
Rich Theis, and upon vote being taken thereon, the follot-ring voted in favor thereof:
Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the
following voted against the same: none, whereupon said resolution was declared
duly passed and adopted.
REQUEST BY HC IE, INC. REGARDT_i:G CONVEYANCE OF LAND IN CONJUNCTION WITH FINAL PLAT
APPROVAL OF 1l01v,'r:, 1i'C. S CC: 'D ADDITION
The City attorney explained tl:at the land in question was a small sliver of property
left over, from the expansion of T.H. .152. fie explained that part of the
condemnation agreement with Howe, Inc. was that any remnants left over would go to
Howe, Inc. Ile pointed out State Statute requires that the land be offered first to
the owner from which it was originally obtained. The original owner cannot be found
and,MN/DOT would like to convey the land back to Howe, Inc. through the City.
The City Attorney explained that the City must acquire the property for a public
purpose only or send it back to MN/DOT. However, he pointed out the HRA can release
the land without sending it back to MN/DOT. He stated he would assume that Howe
would agree to pay all fees associated with the land transfer. He explained the
action required of the 11RA would be to approve the concept of land conveyance and the
ti staff would then bring back the details for the conveyance at a later time.
The City Manager stated that the staff has met with Mr. Leo Hanson and also talked to
2-13-84 -1-
Mr. Fred Fournier at which time the land conveyance was discussed. fie explained
that Mr. Hanson's only concern was that the area be cleaned up and maintained.
There was a motion by Ccnnissioner Theis and seconded by Commissioner Hawes to
approve the concept of the conveyance of land in conjunction with the final plat
approval of Howe, Inc., Second Addition. Voting in favor: Chairman Nyquist,
Commissioners Lhotka, Scott, Hawes, and Theis. Voting against: none. The
motion passed unanimously.
ADJOURNMENT
There was a motion by Commissioner Lhotka and seconded by Commissioner Hawes to
adjourn the meeting. Voting in favor: Chairman Nyquist, Ccmunissioners L'rotka,
Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously.
The Brooklyn Center Housing and Redevelopment Authority adjourned at 8:40 p.m.
Chairman
2-13-84 1 -2-
Minnesota
�a Department of Transportation
District Five
5801 Duluth Street
OF T Golden Valley, Minnesota 55422-3988
(612) 545.3761
August 24, 1983
Mr. Ronald A. Warren
Planning Director
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, M 55430
Re: S.P. 2742 (152=129)902
Parcels 1, 1A, 1B & 2
At 49th Ave. N. in Brooklyn Center
Reconveyance to Howe Fertilizer
Dear Mr. Warren:
I am writing this letter to you at the request of Mr. Tom Howe, representing
Howe, Inc., concerning the proposed reconveyance of surplus highway right of
way to that firm. The Department of Transportation has been engaged in
negotiations with Howe, Inc. for a number of years to complete the sale of
unneeded right of way located in the soutwest quadrant,.of the intersection
of 49th Avenue North and Brooklyn Boulevard.
Based upon several conversations with Tom Howe during the course of the
summer, it appears that the intended reconveyance will be consummated in
the near future. The legal counsel of the Howe firm has been in contact
with the Office of the Attorney General to insure proper compliance with
the prevailing conveyance statutes.
The recent fire damage at the Howe facility has prompted the owner to ex-
pedite the site improvement plans to coincide with the rehabilitation of the
existing buildings. The District Office recognizes.the practicality of
combining these operations and would allow grading on the highway right of
way prior to the total execution of the reconveyance. It has been understood
that no permanent structures will be erected on the subject tract during the
interim period.
We appreciate the City's interest in the proposed reconveyance tract and hope
that continued cooperation with the State and Howe, Inc. will overcome the
recent setback suffered by that firm.
Sincerely,
6 'J, 2- 94,9-�.
E. R. Howe, P.E.
District Right of Way Engineer
An Equal Opportunity Employer
fie- A-'r J r4 PP .two
J J rvt e;
,Nt%NESOT,
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Minnesota
Dcpartment of Transportation
District 5
2055 No. Lilac Drivc
Golden Vallcy, Minnesota 5542.2.
July 6, 1983
Mr. James N. Grube, P.E.
Assistant City Engineer
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
S.F. 2742 T.H. 152
Plat review of Howe Inc.'2nd Addition Plat
located in the S.W. quadrant of T.H. 152 and
49th Avenue North in Part of Lots 1 & 2,
Block 4, Brooklyn Manor in the City of
Brooklyn Center, Hennepin County
Dear -Mr. Grube:
We are in receipt of the above referenced plat for our review in
accordance with Minnesota Statutes 505.02 and 505.03 Plats and
Surveys. We find the plat acceptable for further development and
do not anticipate any adverse impact on our existing facilities.
If any construction is to be done within the existing trunk
highway right of way, a permit for that work must be applied for
and approved at our District Office before any work begins.
(612) 545.3761
If you have any questions in regard to this review, please contact
Evan Green at 545-3761, ext. 119. Thank you for your cooperation
in this matter.
Sine ly,
G� �V
W. M. Crawfor4; P.E. /
District Engineer
cc: Gerald Isaacs
Metropolitan Council
Mike Reiter
Hennepin County Surveyor's office
WMC:bn
An L•qunl Opportuirily Fmployer
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