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HomeMy WebLinkAboutPC75003 - 2/13/75 - 413 66th Aven PLANNING COMMISSION FILE CHECKLIST File Purge Date: ---- FILE INFORMATION Planning Commission Application Number: -7 5o03 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: 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 Agendas: Planning Commission Office Minutes: Planning Commission Z/I3/75 City Vault Minutes: City Council 2%214/75 City Vault Document Type Number Location Resolutions: Planning Commission City Vault Resolutions: City Council City Vault Ordinances: City Council City Vault CITY OF BROOKLYN CENTER � 0� Planning commission Application 1� Lpp?ication No. 75003 Street Location of Property 413 66th Avenue North Legal Description of Property Part of Lot 2, Block 1, Shell's Brooklyn Center Addition Keith T. Harstad and Owner Diane N. Harstad Adl:,:'ess 2200 Silver Lake Road, New Brighton Telephone No. 636-3751 55112 Applicant Same Address_ Same Telephono tdo. —� Type of Request: Rezoning Variance X Subdivision Apy:r-o- e.1 Site & 131dg. Plans Special Use Other Permit Description and Reason for Request: Preliminary plat approval ^ Fee $� 27.00 Receipt No. 41265 Applicant January 24, 1975 Hate PLANNING COMMISSION P,E COMIMEMATI ON Dates of P.C. Consideration: Approved Denied this _ %-� _ day of 19 , subject to the following conditions: --———————————————————————————————— CITY COUNCIL ACTION Dates of Council Consideration: Approved Denied this i day of with the following amendment: �/_/ Clerk PLANNING C01-01ISSIOAN IMFORMATION SHEET Application No. 75003 - ApplicaRnt: Keith Harstad Location: 413 66th Avenue North Request; Preliminary Plat Approval Site azid bu.i (ding plans for a small commercial center were approved by the Council on September 17, 1973 (Application No. 73028), and platting of the subject site was not required following the applicant's objection. Site and building plans involved only a portion of the property known as Lot 2, Block 1, Shell's Brooklyn Center Addition. The applicant informed the Council he was aware of assessment ramifications if the 2.5 acre site was not subdivided. Since thew, however, the applicant has -twice unsuccessfully attempted to file a subdivision with the County, without plat approval. The application represents the formal request for subdivision approval. Two parcels would result: the developed one of 31,148 sq. ft. and the vacant surrounding lot of 106,430 sq. ft. A roaster conceptual plan was approved under the earlier application; the entire subdivision is comprehended. The Direct -or of Public Works will be prepared to discuss the if�:m further. Approval would be subject to the following 1. Final plat is subject to the requirements of Chapter 15 of the City Ordinances. 2. Final prat is subj-yet to review by the City Engineer. OR AN R� n.,cuuE NoR'f M MMMDNU I l Review of Attempts to pile Unaathariad Subdivision by Mr. and Mrs. Keith T. Rarstad and 214 Miexd C. Met in Contradiction of State and Local Los 10: D. G. pass, City !tanager and R. J. sobleffer, City Attorney F=K* aleir Tr ems Director of planning and Iwpeetion DAM Brrveofber 29, 1974 ThO 9011OWL" is a eeamentery and re lam esndatietl Neyw ag a repeated unlawful attempt by Mr. Reath T. Mrsted and Mr. Rielhard C. Brest to file at the Qo*nty, a subdivision ~hied, would e*eparat* the site of the r*c*ntiy asastruated 7-11 hood Stern and other beeinssses frrm the larger passel ltaewa as Lot 2, slodh 1, Shell's Dxoddya Center AdditionI, boated OR 67tb AveaMe Westerly of Lyadale AVOMW North. I be" attaedwd bersto. aeries of relevant doov - - -a wbiah reflect the history of this property in terms of the aurretrt owners and the ree*ewt attempts ever the past year to erabdivid* the px"est7 despite state and local regulations. 1. oa e a rs 17, 1971", h* .:City ODWMil a+otwf+itlred planALnq i>fsion Applioaties 210. 71028 submitted br 2lsrstad Co �r adz Bed Al rb 9 this ooeteidosstiea, as reflected on page 3 ofnt ~City cMoamll wioutes of twat dale# IL,.; "7Aw Director of planning and Insp.ct3eft 400 that the coosission had Volsed cams owmern as to wbotber a plat of the subject aura sbauld be reetnired as a eeerdition of appreeval". "fur city !!sager eamented llret at this t1M the deaision as to Mother to plat vas up to the applivatt". "Ne furtbeer ottplaitred Mr. Berated s2rould be fully aver* that if the area WON not platted, t2w patig�ored retail developtt t would be sedr f net to asseennat leased upon the entire lest rather t2as the individual site*". "the mayor rsetegnised Mr. U&MItad to acksawledge his uNderstanding of the aaMUM t-i policies vhlelb veeuld be applied agaitrt his deev+eelopmeat i:9 it weren't replatted". 2. Mr. morstad iadieeated in Me application mA tbough the site* plate Wbiedt was approved, that be was the earner of tss'tgagee of that pr*Pdrty !plows as Lot 2, Bloch 1, Shell • s Dreddyn center Addition. 3, On Apz►ii Q, 1974, we l+eeteived a standard fora letter from mr. C. D. Mob errsoa, senior property Desnription vedwlelm, at the sawspla Coorlcy lriaatwe Depaslewtft. fhe letter ragrsats that Brooklyn OwAotr othorities sad *tuber parties approve divisions of property t+hieb ass eselesed with the letter Bad to then retara tlwa to t%* Coduty ~Noah Msrld then process tbaa. phis is a losq Mewow-ndrw ©oatinn+d Page 2 r 290 1974 standing P31 -drare Us" b7 the County to islbara the "village" *9 onarathsriar*d subdivialaw Mriair they aroeeoivo and Whisk they Ultimately disaowr do lot have City jjpp►xonl tervoi I e all" the fililq. included with drat letter were photo copies of dovawoats dated jamary al, 1974 Mriab were filed by vet htid and C. sratt for the II.C.S. Coarpoaeaties and Mt. and Mrs. miff T. 8arstad. The legal doseariptioa► stated in the doe wwMt aorrtitutos the sit* Of the 7-11 Food Stems and otbw vo"Wracial establiobsonts, by swaaseo of a arotfs and boaads description of a P09tiOu Oil Lot 2, sleek 1, Shell"s Brooklyn Center Addition. 4. CowsistOut with Ostablisbed Policy, we stispatde d to Mr. Maeapbersorr in a letter dated April 17, 1974, to the eftel!t that the pre�Osed subdivision had not be" revioosd or appvoved by the City, and that it shrould not be Fee'vossed furtrioar 0 S. to addition to fowardi" .a OM of that letteat to Mar. Maratad, we wrot* a eoapanion logs dated April 17, 1."4* dad *XPlainad to Mr. =fetad the parpow of the respofte* to awe eheunty and adrenis#red his for pe000eding with this filing, pestierlasl? in light of hit S" at the City as ev ell meet Lang. Ih. As a reeull, Mr. sarsted VOSPondsd initially by teiepbww to tart efteset tbat "= own tho puspeatty, Z dou"t knot Meat the preeblets is" sad ramatife solaseeintat to that, be appeared in this office We - spewing to aaotber watter, awed aowoutea abet *`4esylhi" bad boss alear ed up with Mr. saeOW . 7. Last , we received aseebear periodic rilisf dated Movawbtu 33. 1974. gat+o Mr. Ilse 6601en at thre esoosty tirraw S sepa►rtmsto ewer- sistiaq of the sun standard goes letter and to it attaearied a dsevoont dated lay 1, 19?40, prepared for owe A. C. areat of the B.C.=. Qaarporatioa, aud-W and Mm. lceitit ' wAftrstad. y&rorr�t its wetes and booMs 4e01eae4tien it COPCaseats OR t to svdrdivid* the *ito of the 7-11 Stoned farm Lot 2, aloft 1, of the Shell*s w oohtlrr Cw"er Addition. !As desaript eft d�trrtaiood an a"itievol sltateewsnt, frees Ow alitlier tnt, to eliaate *subjadelt tee a bidet >rortga" mw of record need semisg in !a*sr of the 'farle Hwy or assialow. a. we bave not received am indie stior ft No Mr. hl "WAd or any ot'!er pony of a peopoard plat or euWLviai*a of melt propoatty, a" tbwro it is *Widest that. Lode tote► one month �r&I'me the teeoa t of IN. 1pnarsted last Aparil, a slailar dsaoraet identical in 1#Amt Use filed at the Ove ty. Ne"randaft Coatiareed page 3 wevember 29, 1974 9. Our basic observation is two -fold: the filing of the dotamwme appease to be a blatant attempt to aironmwen the local appxeml psoatdwas, particularly in light of the specific information divesU to the parties iavolvedt and seann ly, the procedure by which they are able to do this through the County offices begs areduiity. We have taken the oppostoaity since the April snprriernce to ia- vastigate the State statutory provisions for subdivision regulations and procedures which briefly provide as follows Chapter 462.358 of the statutes provides a procedure for Plan Sffeatuation! "Subdivision regulations" sets forth the authority to regulate, the terms of regulations and, in `Subdivision tb roe•, the provisions four plat approval. "subdivision Than* specifies that, *onee a municipality adopts subdivision regulations, copies of W%iah are filed With the County sgist*r of Deeds, No 41—" "*ion aUt ft� " "Subdivision roar", ("oastrictions on riling and Recordiwg Cbnvayanoes".) provides that "any *VMS or agent of the owner of land wbo owveys a lot or parcel in violation of the provisions of this subdivision shall fes'feit and pay to the municipality, a penalty of not lest than $100.00 for each lot or parcel so conveyed. h mauieipelity any enjoin such such conveyance or any recover such penalty by►civil action is any court of nampetent jurisdiction." 10. It is our recommendation that, pursuant to fortAer necessary 161MI review and investigation, that the City proved under the pew"' visions of this chapter and recover the subject penalty by civil action thrm9h the appropriate court. 11. in addition, misdemeanor proseosution under Section 13-114 of the Subdivision Ordinance may be in order, in that Section 15-104 (A)(1) p"Midls for an application and approval pses+edusbefore dividing any treat of land into two or more lots or parsiels. 12. Vn"i' soperate cover I will be subaitting a emme, aaA w regarding my observations of the County's filing system and wbot appears to me to be a blatant ciream-at ion or ignorance of thwe above referenced statutes.