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HomeMy WebLinkAboutPC89019 - 7/13/89 - 5900 Shingle Creek PkwyPLANNING CON NUSSION FILE CHECKLIST File Purge Date - FILE INFORMATION Planning Commission Application No.'%'�'% PROPERTY INFORMATION Zoning: e2 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 Agenda Cover Sheet: Planning Commission Agenda Book Minutes: PlanningCommission T,f3 City Vault i Minutes: City Council ''zlf''�"� City Vault r ; Resolutions: Planning Commission City Vault Resolutions: City Council City Vault Ordinances: City Council City Vault Historical Photographs: Planning Commission City Archieve CITY OF BROOKLYN CENTER PLANNING COMMISSION APPLICATION Application No. 89019 Please Print Clearly or Type Street Location of Property 5900 Shingle Creek Parkway, Brooklyn Center, MN Legal Description of Property See attached plan set Owner See attached sheet Address Phone No. P. Applicant The Robert Larson Partners Address 730 Second Avenue South Suite 415 Minneapolis, MN 55402 Phone No. 371-0424 Type of Request: Rezoning x Variance Description of Request: Special Use Permit Variance from Section 35.540 Subdivision Approval Site & Bldg. Plan Approval Other: 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 applicant of thg obligation to pay costs incurred prior to withdrawal. , 41_ At JA Fee $ 50.00 Receipt No. 80890 PLANNING COMMISSION RECOMMENDATION Dates of P.C. Consideration: D _� cantAs Signature Approved Denied this day of (�{ 19 �` subject to the following conditions: CITY COUNCIL ACTION Dates of Council Consideration: Chairman Approved Denied thisC�7 day of 19 9�' , with the following L amendment: P/I Form No. 18 (over please) Brookdale Square Fee Owner: Commercial Partners/Brookdale 730 Second Avenue South, Suite 415 Minneapolis, MN 55402 Owner: Same as above General Cinema Fee Owner: Deil O. Gustafson 310 Fourth Avenue South, Suite 814 Minneapolis, MN 55415 Owner: Robert M. Larson 730 Second Avenue South, Suite 415 Minneapolis, MN 55402 Planning Commission Information Sheet Application No. 89019 Applicant: The Robert Larsen Partners Location: 5900 Shingle Creek Parkway, 5801 John Martin Drive Request: Variance The applicant requests a variance from Section 35-540 of the Zoning Ordinance which requires multiple parcels under common use and common ownership to be combined into a single parcel through platting or registered land survey. The Brookdale Square site and most of the General Cinema site would be combined into a single parcel (under Application No. 89018) . However, a small triangle of land on the east side of the General Cinema site would be excluded from the plat because it has no marketable title at present. The triangle is a remnant of a tract in R.L.S. No. 1300 which was taken for right-of-way for the ramp leading from John Martin Drive to the exit ramp serving southbound Highway 100. The triangle of land was returned to the property owner, Mr. Deil Gustafson, as excess right-of-way land and was included in General Cinema site. The requirement to combine the site into a single parcel was apparently not imposed in 1971 when the cinema was developed. Applicant's Letter The applicant's representative, Mr. Tim Erkkila of Westwood Professional Services, has submitted a letter (attached) addressing the Standards for a Variance from Section 35-240 of the Zoning Ordinance (also attached). In the letter, Mr. Erkkila notes that the triangular piece of land is approximately 1,200 sq. ft. in area and has been improved to include sod, concrete curb and part of a parking space. Regarding hardship, Mr. Erkkila notes that the developers project is not substantially affected by this piece because of its small size and peripheral location. He states that the developer will work diligently to clarify the title, but that to postpone the platting until clear title is obtained would delay the project beyond the current construction season and project viability would be lost. Concerning uniqueness, Mr. Erkkila notes that it is not unique physical circumstances which create the hardship, but the procedural requirement to combine the land into a single parcel and the timing involved in fulfilling such a requirement. Mr. Erkkila goes on to argue that the hardship is not created by the owner, but by the State of Minnesota in acquisition of part of the tract which left the remnant in question. Finally, he argues that granting the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood because the parcel is and has been considered a part of the General Cinema site as far as buildings and site improvements are concerned. Staff Response dearly the hardship in this case is timing. Apparently, it would be some nonths or even longer before a marketable title to the property could be obtained. The City found itself in similar circumstances in trying to replat the property that includes the Earle Brown Farm and the Earle Brown Commons residential development in 1986. In that case, the City sought to vacate 10' on either side of Earle Brown Drive and attach the land to the adjacent parcels. However, it was impossible to obtain title to the underlying land within a reasonable period of time and so interim variances were granted from setback and greenstrip requirements and the land we sought to combine with existing parcels was left out of the final plat. We are still seeking title to that land, which may be an indication of how long the process can take. Certainly, imposing such a delay in this case would be an unreasonable burden and a hardship on the developer. The public benefit of compliance with the ordinance does not in this case (given the peripheral location and size of the parcel) appear to equal the potential private cost. 7-13-89 -1- Application No. 89019 continued As to uniqueness, remnant parcels of vacated right-of-way are somewhat unique, but do occur in many locations where highway projects have been undertaken. Given the amount of time it generally takes for such land to be turned back, we are surprised that the parcel in question was available for development of the cinema site in the first place. The hardship does seem to be a result of the original highway department acquisition. However, we would certainly urge the owner to obtain clear title to this property as soon as possible. Finally, we agree that there will be no physical detriment to surrounding land or improvements if the variance is granted. No change in the improvements on this small parcel is proposed or required. Recommendation Based on the above evaluation, we recommend approval of the variance request, citing the following findings: 1. The time delay of the applicant obtaining marketable title to the small triangle of land is deemed to be an unreasonable burden on the developer and a hardship in making use of the property. 2. The circumstances involving a remnant of a parcel taken for right-of-way are somewhat unique. 3. The hardship results from actions orginally taken by the highway department and not the property owner. 4. There will be no adverse impact on surrounding land or improvements in the neighborhood. 5. The applicant is urged to obtain marketable title to the small triangle of land as soon as possible and to combine it with the larger site for tax purposes. 7-13-89 Westwood Professional Services, Inc. June 29, 1989 7101 York Avenue South Edina, Minnesota 55435 612-921-3303 Brooklyn Park, 612-424-8862 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 RE: Variance Request Brookdale Square The developer of this project requests a variance to the City require ment (35.540) that all parcels be combined into the plat. The request involvess the developers inability to show an acceptable title to a piece of land which the City previously had accepted as part of the original developers site. The piece of land is triangular in shape and is ap proximately 1,200 square feet in area. It has been improved by the previous developer to include sod, concrete curb and fractional parking area (not even one full space). The previous Owner conveyed the land in the theater development, it became involved in state right-of-way acqui- sition and clearly is used as a part of the theater site. No parties are disputing ownership however the process of developing a clear and marketable title to be included in this plat will take more time than the developer has available. The following reasons are offered to grant a variance that this piece of land be included in the final platting of this lot. a. Hardship to the Owner - clearly, the previous development actions of the City, County, State Depart of Transportation and previous developer demonstrate the intent that the 1,200 square foot parcel be part of the theater development. The development plan of the theater excludes it. The Mn/DOT right of way includes it. The parcel could serve no other use than its present use because it is too small, irregularly shaped, it is located at the edge of the property, and no dispute of ownership exists (only a concern about the correctness of the method of previous conveyance.) The current developers project is not substantially effected by this piece because of its small size and peripheral location. Consequently, the current development proposal is not substantially effected by the parcel, with the problematic title. The developer will work diligently to clarify the title but to postpone the platting of this site awaiting this clear title delays the project beyond the current construction season and project viability is lost. The developer hardship appears unnecessary if the variance is approved but is shared by the City in the form of lost additional tax base from new retail development and no City of Brooklyn Center June 29, 1989 Page 2 improvement to the difficult circulation in the project area. b. Uniqueness of this Circumstance - Commonly, variances revolve around physical characteristics of the land (topography, vegetation, parcel dimensions/ownership). This variance is a procedural technicality which "handcuffs" all participants while legal title is cleared. The project, character may not change Wheather the parcel is included or excluded. Timing is the critical element in this variance request, not lot shape, size, parking setbacks nor any physical development constraint. The developer will be resolving the title issue but must ask City support in working with the timing issue by waiving the requirement that this parcel be included at this time. This is unique in that the parcel in question was believed previously to be conveyed, its ownership is not contested, and it presently functions as part of the improved theater site. By methods of adverse possession (which isn't necessary, there is no dispute) the land is available to the theater site. Clearly the City's requirement that all contiguous land be platted at this time is a reasonable goal, however this developer (as third party) is hurt by this requirement by way of an flawed land conveyance in the previous developers land conveyance. On the surface, the land conveyance (intent) has already occurred, the development of the theater has occurred on the piece (including site improvements) and only the technically title issue remains. This is a highly unique situation. C. The alleged hardship is not created by this owner but by the State of Minnesota in acquisition of part of the tract which left this remnant. Therefore the problem has not been created by any persons presently or formerly having an interest in the General Cinema/Brookdale Square parcels. d. Granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located because it is and has been considered a part of the General Cinema parcel as they relate to setback and site improvements. City of Brooklyn Center June 29, 1989 Page 3 We believe the standards for approving this variance are met and respectfully request approval by the Planning Commission and City Council. Thank you for your attention to this matter. Sincerely, WESTWOOD PROFESSIONAL SERVICES, INC. Tim Erkkila, ASLA Vice President, Planning Encl: Preliminary Plat cc: Kelly Doran r r� 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, July 24, 1989 at approximately 7;45 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: Variance PETITIONER: The Robert Larsen Partners PROPERTY NAMED IN THE PETITION: 5900 Shingle Creek Parkway Legal Description: see attached BRIEF STATEMENT OF CONTENTS OF PETITION: Variance from Section 35-540 of the Zoning Ordinance regarding combination of land parcels. Respectfully, �% Ronald A. Warren Planning Commission Secretary LEGAL DESCRIPTION Parcel I: Tract Q. Registered Land Survey No. 1325, Files of Registrar of Titles, County of Hennepin. Subject to mineral and mineral rights reserved by The Regents of the University of Minnesota: Subject to a limitation of the right of access, snow fence easements and off -take or drainage ditch easements as set: forth in Book 2035 of Deeds, page 7, Doc. No. 2929198 as Lo certain portions of the Soutlieast Quarter of the Northwest Quarter of the Northeast Quarter and the Southwest Quarter of the Northeast Quarter and as to certain portions of the Southwest Quarter of the Northeast Quarter all in Section L- Township 118, Range 21; (as to part of above land) Subject to a power line casement in favor of Northern Slates Power Company, a Minnesota corporation as contained in Uook 2049 of Deeds, page 610, Doc. No. 2951760 over that hart of the Southwest Quarter of the Northeast Quarter of Scct.ion 2, Township 118, Range 21 lying Northwesterly of the Northerly right-of-way of State Trunk highway No. 100 lying Saul•liwesterly of the following described line: hereinafter referred to as line "A" commencing at the Southwest corner of the Southwest Quarter of said Northeast Quarter; thence North along the west line of said Southwest Quarter of the Northeast Quarter a distance of 660 feet to the point of beginning of the line to be described, thence deflecting to the right 114 degrees 21 minutes to the Northerly right-of-way line_, of State Trunk Highway No. 100 and lying Northeasterly of a line drawn parallel with said line "A" from a point on the west line of said Southwest Quarter of the Northeast Quarter distant 82.3 feet South of the point of beginning of said line "A"; (as to part of above land) Together with a perpetual easement for driveway purposes and for pedestrian use over part of Tract P, )Rcgistered band Survey No. 1325 as shown in deed Doc. No. 1019193, Files of Registrar of Titless Subject to a perpetual non-exclusive easement for driveway and parking purposes in favor of Tract P, Registered Land Survey No. 1325 over part of above land as shown in deed. Doc. No. 1019193, Files of Registrar of Titles; Parcel II: That part of the Southwest Quarter of the Northeast Quarter, Section 2, Township 118, Range 21, Hennepin County, Minnesota, lying southeasterly of Tract B. Registered Land Survey No. 1300, files of the Registrar of Titles, Vennepin County, Minnesota, and lying northwesterly of a line drawn from the most northerly corner of Tract E, said Registered Land Survey No. 1300, to the most westerly corner of Tract D, said Register Land survey No. 1300. Parcel III Lot 1, Block 2, Brookdale Square, files of the County Recorder, County of Hennepin 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, July 13, 1989 at approximately 7:30 p.m., at the City Hall, 6301 Shingle Creek Parkway to consider the petition described below: TYPE OF REQUEST: Variance PETITIONER The Robert Larsen Partners PROPERTY NAMED IN THE PETITION: 5900 Shingle Creek Parkway Legal Description: see attached BRIEF STATEMENT OF CONTENTS OF PETITION: Variance from Section 35-540 of the Zoning Ordinance regarding combination of land parcels. Respectfully, Ronald A. Warren Planning Commission Secretary Th,e following owner/occupants witin 150 ft. have been notified of the proposed variance submitted by Robert Larsen Partners under Application No. 89019. Brookdale Ford 2500 County Road 10 Brooklyn Center, MN 55430 T. Wright's 5800 Shingle Creek Parkway Brooklyn Center, MN 55430 United Artists Theater 5810 Shingle Creek Parkway Brooklyn Center, MN 55430 U. S. West 5910 Shingle Creek Parkway Brooklyn Center, MN 55430 State Farm Insurance 5930 Shingle Creek Parkway Brooklyn Center, MN 55430 K Mart 5930 Earle Brown Drive Brooklyn Center, MN 55430 Minnesota Highway Department 2055 N. Lilac Drive Golden Valley, MN 55422 Norman Chazin Homedale Builders 5353 Wayzata Blvd. Suite 602 Minneapolis, MN 55416 Health One 2810 County Road 10 Brooklyn Center, MN 55430 Northwestern Bell/U.S. West Real Estate Department 70 W. 4th St. - Room 1C St. Paul, MN 55102 Sherman Boosalis Interests A.F.I.A. 1111 Third Avenue South #340 5901 John Martin Drive Minneapolis, MN 55404 Brooklyn Center, MN 55430 Burger Brothers Sporting Goods Northwestern National Life 5927 John Martin Drive 20 Washington Avenue South Brooklyn Center, MN 55430 Minneapolis, MN 55440 Perkins L' �15 5915 John Martin Drive Brooklyn Center, MN 55430 Notices Mailed By Notice Mailed BY Robert Larsen & Kelly Doran Applicant: The Robert Larsen Partners (& Owner) 730 Second Avenue South #415 Minneapolis, MN 55402 Fee Owner: Deil Gustafson 310 Fourth Ave. S. #814 Mpls., MN 55415 The Robert Larsen Partners September 1, 1989 Mr. James M. Neilson Babcock, Locher, Neilson & Mannella 118 East Main Street Anoka, Minnesota 55303 Dear Mr. Neilson: Enclosed, for your information, please find a copy of a letter signed by Jack Hoppe of A.F.I.A. Associates dated February 10, 1988, which states their agreement to the then proposed changes at Brookdale Square. Those proposed changes were not significantly different than what is currently under construction. I regret not being able to locate this letter earlier but my purpose in sending this letter is to clarify that we did indeed discuss these changes with your client some time ago and our proceeding thru with the City was not without prior conversations with your client. Sincerely, Kelly J. Do an Partner KJD:kjg Enclosure CC: Jim Brehl Ron Warren 730 Second Avenue South - Suite 475 - Minnu�Ex�lis, Minn('Nothl 55402 (612) 371-0424 Fax. 612-371-0634 A. F. I. A. Associates 5901 John Martin Drive Suite 100 Minneapolis, MN. 55430 February 10, 1988 Commercial Properties, Inc. 7801 East Bush Lake Road, Suite #210 Bloomington, MN 55435 Attn: Chris Galle AFIA has discussed the proposed new road and changes you have shown us and agree to the changes so long as it does not affect our current easement on parking area and there are no financial commitments on the part of AFIA Associates for this undertaking. Sincerely, FIA Associates