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Home My WebLink AboutPC89014 - 5/25/89 - 66th & Camden AveCITY OF BROOKLYN CENTER PLANNING COMMISSION APPLICATION Application No. 89014 Street Location of Property Legal Description of Property Please Print Clearly or Type 66th and Camden Avenues North see attached Miles <° Shirley Fiterman Parcel I , Ashland Oil Company, Inc. Parcel II), Superamerica Owner (Parcel III). Fitco, 1550 Utica Avenue S.#975, St. Louis Park, MN 55416 546-6400 Address Ashland Oil, Inc./Superamerica - 1240 West 98th St. Phone No. 887-6157 Bloomington 55432 Applicant David P. Newman, Atty. for owners Address 6401 University Avenue N. E. Fridley 55432 Phone No.571-3850 Type of Request: Rezoning Variance Special Use Permit X Subdivision Approval Site & Bldg. Plan Approval Other: Description of Request: Preliminary Plat approval request to subdivide the property for "Superamerica 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 of the application. Such costs shall be in addition to the application fee described herein. Withdrawal of the application shall not relieve the applic nt of t e obligation to pay costs incurred prior to withdrawal. Fee $ 100.00 Receipt No. 80404, 80405 Date: May 11, 1989 PLANNING COMMISSION RECOMMENDATION Dates of P.C. Consideration: Applicant s gnature Approved Denied this Z_J4_ day of 19 subject to the following conditions: CITY COUNCIL ACTION Dates of Council Consideration: Approved Denied this L day of amendment: rman 19-5,1/_ , with the following Clerk P/I Form No. 18 (over please) Planning Commission Information Sheet Application No. 89014 Applicant: Superamerica/Steve Fiterman Location: 66th Avenue North between Camden and Highway 252 Request: Preliminary Plat The applicants jointly seek preliminary plat approval to resubdivide the land on the south side of 66th Avenue North between Camden Avenue and Highway 252. The property is zoned C2 and is bounded on the north by 66th Avenue North, on the east by Highway 252, on the south by Beacon Bowl, vacant C2 land, and a single-family residence, and on the west by Camden Avenue North. This is the land on which the Superamerica store and the strip shopping center proposed under Application No. 89013 are to be built. The land involved is presently composed of three parcels: the existing Superamerica site, a now vacant parcel to the west which was formerly the site of a small commercial building, and a vacant site owned by the Fitermans which is predominantly west of the two former parcels, but which also has a panhandle to the south of those parcels. The replatting will create one parcel (Lot 1) for a new enlarged Superamerica store and another parcel (Lot 2) for a strip shopping center. For the most part, the Superamerica parcel and the parcel immediately west will be combined and the Fiterman parcel will be expanded eastward and the panhandle narrowed by about 101. The land transfer will allow both proposed buildings to meet setbacks and for required parking to be located totally on the respective sites without need for off -site accessory parking. Nevertheless, there will be a cross -access and cross -parking agreement over both parcels to allow for a free flow of traffic. The lot areas are 61,731 sq. ft. (1.4172 acres) for Lot 1 (Superamerica) and 91, 222 sq. ft. (2.0942 acres) for Lot 2 (shopping center). The plat calls for the dedication of two small triangles of land north of Lot 1 for right-of-way for 66th Avenue North. The sidewalk on the south side of 66th Avenue North will be widened to 121, north of the Superamerica site. There is a large, existing utility easement (60' wide) running north -south along the existing common property line. The property owners wish to narrow the easement to 30' and have petitioned the City to do so. The existing easement was once right-of- way for an unconstructed street. The City vacated the right-of-way, but retained the utility easement since utilities were in. Staff have no objection to a narrowing of the easement to 30'. It should be adequate for servicing utilities should the need arise. Altogether, 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. The cross access and cross parking agreement covering the two lots shall be executed by the property owners and filed with the titles to the properties at the County prior to the issuance of building permits. 5-25-89 -1- Application No. 89014 continued 4. Partial vacation of the utility easement straddling the common property line shall be subject to normal ordinance procedure and shall be accomplished prior to the issuance of building permits for the shopping center. 5. Property monuments for the plat shall be installed and inspected prior to release of the site performance guarantee. 6. The applicant shall enter into a subdivision agreement with the City stipulating the payment of special assessments for public improvements and the responsibility for subdivision improvements. Said subdivision agreement shall be executed prior to final plat approval. 5-25-89 -2- APPLICATION NO. 89014 rMM 0000, i� ,loop 0:070�-- i POST PUBLICATIONS AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. Walter D. Roach being duly sworn, on oath says that he is the publisher or authorized agent and employee of the publisher of the newspaper known as the Brooklyn Center/Po stNews and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended. (8) The printed Not. Hear. on Prop. Plat - prop. at 5425 & 5440 Brooklyn Blvd. which is attached was cut from the columns of said newspaper, and was printed and published once a week, for 1 Wednesday 17th May weeks; it was first published on the day of May 1989 and was thereafter printed and published on every to and including the day of 19 and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be- ing the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopgrstuvwxyz BY: �—(two �o TITLE: General Manager Acknowledged before me on M,, this 1 8th day of May Notary Public A I?.^,EY QRODA NOTALi !'l: ,! IC-a.114NE SOTA CCUATY RATE INFORMATION (1) Lowest classified rate paid by commercial users for com- f 1 .40 parable space. (Line) .45 (2) Maximum rate allowed bylaw for the above matter. f (Line) (3) Rate actually charged for the above matter. f • 45 (Line) POST PUBLICATIONS AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. Walter D • Roa+Gdh -being duly sworn, on oath says that he is the publisher or authorized a gent and employee of the publisher of the newspaper known as the prooruyn uenzer NOST.News and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed Not. of Hear. Prop. Plat - Superamerica which is attached was cut from the columns of said newspaper, and was printed and published once a week, for 1 Wednesday 17th successive weeks; it was first published on . the day of • "'`.7 - 1989 and was thereafter printed and published on every to and including the day of 19 and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be- ing the size and kind of type used in the composition and publication of the notice: abcdefghi j kl m nopgrstuvwxyz rj i 17 W&RU'r I ME., owl, n/a _"M BY: TITLE: General Manager Acknowledged before me on this 18th day of May 119 89 Notary Public "v GRODA t"'.\_-SCTA NO RATE INFORMATION (1) Lowest classified rate paid by commercial users for com- $ 1 • 40 parable space. (Line) (2) Maximum rate allowed bylaw for the above matter. S .45 (Line) (3) Rate actually charged for the above matter. $ a45 (Line) CITY OF BROOKLYN CENTER CITY COUNCIL 6301 Shingle Creek Parkway NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Please take notice that the City Council of the City of Brooklyn Center will hold a public hearing on Monday, June 12, 1989 at a.pproxinately 8:00 p.m. in the City Hall Council Chambers, 6301 Shingle Creek Parkway to consider the petition described below. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561-5440 to nake arrangements. TYPE OF REQUEST: Preliminary Plat PETITIONER: David P. Nevmtan/Superanerica PROPERTY NAMED IN THE PETITION: 66th and Carden AVenues North Legal Description: see attached BRIEF STATEMENT OF CONTENTS OF PETITION: A request to subdivide the property for construction of a gasoline station/convenience store and strip shopping center. Respectfully, �A. Ronald A. Warren Planning Commission Secretary CITY OF BROOKLYN CENTER PLANNING COMMISSION 6301 Shingle Creek Parkway NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Please take notice that the Planning Commission of the City of Brooklyn Center will hold a public hearing on Thursday, May 25, 1989 at approximately 7:30 p.m. in the City Hall Council Chambers, 6301 Shingle Creek Parkway to consider the petition described below. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561-5440 to make arrangements. TYPE OF REQUEST: Preliminary Plat PETITIONER: David P. Newman/Superamerica PROPERTY NAMED IN THE PETITION: 66th and Camden Avenues North Legal Description: See attached BRIEF STATEMENT OF CONTENTS OF PETITION: A request to subdivide the property for construction of a gasoline station/convenience store and shopping center. Respectfully, Ronald A. Warren Planning Commission Secretary Lots 1 and 2, Block 1, Shoppers Addition, except that part taken by Minnesota Department of Transportation right-of-way Plat No. 27-20, according to the recorded plat, thereof, Hennepin County, Minnesota. and Lot 1, Block 1, Shell's Brooklyn Center Addition, except that part taken by Minnesota Department of Transportation Plat No. 27-20, according to the recorded plat thereof, Hennepin County, Minnesota. The following have been notified of the proposed preliminary plat application submitted by David P. Newman/Superamerica under Application No. 89014. Minnesota Highway Department Anoka -Hennepin School District No. 11 11299 Hanson Boulevard N.W. Coon Rapids, MN 55433 Applicant: David P. Newman Herrick & Newman P.A. 6401 University Avenue N.E. #205 Fridley, MN 55431 No ices Mailed BY __ '"!Note failed 10-�-g� By IFIERRICK & NEWMAN ATTORNEYS AT LAW 1�1- Virgil C. Herrick James D. Hoeft Gregg V. Herrick Of Counsel David P. Newman Ronald Warren City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Gary Shallcross City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 May 9, 1989 RE: Fiterman/Super America/66th Avenue North Gentlemen: I am writing to you on behalf of both Super America as well as Miles and Shirley Fiterman who are the owners of the adjacent property. As you are aware, the Fitermans and Super America are jointly developing the parcel of property on 66th Avenue North between Camden Avenue and State Highway No. 252. It is my understanding that an Application for Preliminary Plat will be submitted to the City on or before May 11, 1989 and that this Application will be considered by the Planning Commission at its May 25, 1989 meeting. My specific purpose in writing is to address the utility easement for the existing sanitary sewer line which runs approximately along the adjoining property line between the Fitermans and Super America. Currently, there is a 60 foot easement. The Preliminary Plat which will be submitted to the City will provide for a 30 foot easement. Consequently, on behalf of both Fitermans and Super America I am requesting that the City vacate the excess portion of this utility so that the final utility will be 30 feet in width and will conform to the location as shown on the Preliminary Plat application. If I can be of any further assistance please do not hesitate to contact me. Sincerely yours, David P. Newman DPN:jeb cc: Steven Fiterman Bill Ferris Ron Krank 1 Suite 205, 6401 University Avenue N.E., Fridley, Minnesota 55432'. 612-571-3850 Q d Ql • Q U 2 uj 67TH. AVE. N. 1 e z1w U EASEMENT LOCATION VICINITY MAP OF SUPERAMERICA EASEMENT VACATION EXHIBIT A 0 i 66jH AVE N = N N SUPER AMERI CA EXISTING 60' EASEMENT E--REQUESTED VACATION (15' EACH SIDE) REMAINING 30' EASEMENT EXISTING 8" SANITARY SEWER EXHIBIT B SUPERAMERICA EASEMENT VACATION