HomeMy WebLinkAboutPC77026 - 7/20/77 - 7240 Brooklyn BlvdP.,.NNING COMMISSION FILE CI`,ZKLIST
File Purge Date: 3a� 9s
FILE INFORMATION
Project Number: 7-1O'2e.
PROPERTY INFORMATION
Zoning: C I
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
Minutes: City Council
Document Type
Resolutions: Planning Commission
Resolutions: City Council
Ordinances: City Council
y City Vault
City Vault
Number Location
qj,s �17-4- City Vault
City Vault
City Vault
COMMERCIAL/INDUSTRIAL PROPERTY FILES CHECKLIST
CITY OF BROOKLYN CENTER
PLANNING COMMISSION ZONING APPLICATION
Application No.
Please Print Clearly or Type
Street Location of Property 7240 Brooklyn Blvd.
Legal Description of Property Lot 20, Aud. Sub. #57
77026
Owner Independence 10 c/o Frank Girdler
Address 7420 Unity Avenue North Phone No. 566-6010
Applicant
Address
Real Estate 10 (Frank Girdler)
7420 Unity Avenue North 5s�y� 566-6010
Type of Request:
X
Rezoning
Variance
Phone No.
Subdivision Approval
Site & Bldg, Plan Approval
Special Use Permit Other:
Description of Reques-t: Rp7nne frnm R-1 to C-1
Fee $ 75.00
Receipt No. 46223
A scant s Signature
Date
PLANNING COMMISSION RECOMMENDATION
Dates of P.C. Consideration: %— % - as -,"77
Approved -----"Denied
ing coped-' Lions:
this ////h day of 1010421 ,�.. 19 77, subject to the followOF
-
Cry
Chairman
----__.-------------------------------------------
CITY COUNCIL ACTION
Dates of Council Consideration:
Approved r.-' Denied this day of 19 7�, with the following
amendment:
1 _
Clerk
P/I Form No. 18 (over please)
OPEN SPACE EASEMENT
THIS INDENTURE, Made and entered into this day of
, 19 , by and between Independence Ten, a Minnesota
general partnership, hereinafter referred to as the Grantors, and
the City of .Brooklyn Center, a public corporation under the laws
of the State of Minnesota, hereinafter referred to as the Grantee,
W I T N E S S E T H:
WHEREAS, Grantors are the owners of the following described
property situated in Hennepin County, Minnesota, to -wit:
Lot Twenty (20), Auditor's Subdivision Number 57 and the South
12 feet of the West 3/4ths of the Southeast 1/4 of the Northeast
1/4 of Section 28, Township 119, Range 21 West of the 5th Principal
Meridian, lying Easterly of and adjacent to the center line of
State Highway #152, said 12 foot strip being adjacent to and
adjoining the aforesaid Lot 20 on the North side thereof, according
to the recorded plat on file and of record in the office of the
Register of Deeds in and for the County of Hennepin and State
of Minnesota, except that part thereof taken by the State of
Minnesota for Highway purposes.
Subject to a permanent drainage and utility easement described as
follows: A 100 foot permanent utility, drainage and access
easement extending and shortening the side lines so as to begin
and terminate at the property lines over that part of the Lot
20, Auditors Subdivision No. 57, Hennepin County, Minnesota,
lying within the confines of the above easement, which center-
line is described as follows: Beginning at a point on the north
line of the SE 1/4 of Section 28, Township 119, Range 21, a
distance of 330 feet west as measured along the north line of
said SE 1/4 from the northeast corner thereof: thence in a
southwesterly direction at an angle of 431 13' 50" with the
north line of said SE 1/4 to the northeasterly line of State
Highway No. 152, and there terminating.
WHEREAS, Grantors desire that a portion of the above
described land be subject to an open space easement as set forth
in detail hereinafter, all for the benefit of the Grantors and
the Grantee, and
WHEREAS, Grantors do not intend that the public should
have any interest in the above land by virtue of this indenture
or otherwise, except as hereinafter set forth,
NOW, THEREFORE, for and in consideration of the sum of
One Dollar ($1.00) and other valuable consideration, the receipt
whereof by Grantors is hereby acknowledged, the Grantors do
hereby grant, bargain, sell and convey onto Grantee, its suc-
cessors and assigns, for the benefit of the general public at
large, an open space easement in and through the air space over
and across those parts of the Grantors' property which are
bounded and described as follows:
All that part of the above described land lying North of the
North line of the Southeast 1/4 of Section 28, Township 119,
Range 21, Hennepin County, Minnesota.
which property is hereinafter referred to as the "Affected
Lands".
Grantors hereby convenant as follows:
1. No structure shall be constructed, erected or
placed upon or above the Affected Lands including without
limitation, fences, fireplaces, steps, docks, peers, levies,
signs, billboards, dwellings, accessory buildings, utilities,
hard cover or roads of any nature whatsoever, or any other
structure or improvement inconsistent with the natural state
of the Affected Lands.
2. Grantors, their heirs and assigns, hereby grant,
gift and convey to the Grantee, their successors and assigns,
the right to enter upon the Affected Lands for the purposes of
inspection and enforcement of the covenants contained herein
and to cause to be removed from the effected lands without
any liability therefor any structures, uses, materials, or
other uses inconsistent with the covenants contained herein.
In addition to any other remedy the Grantee may have,
the covenants and restrictions contained herein may be enforced
by injunction.
The provisions of this open space easement shall run with
the land and shall extend to and bind the heirs, successors,
representatives, grantees or assigns of the respective parties
hereto.
INDEPENDENCE TEN
By
A General Partner
By
A General Partner
lndtvtdual to Corporation. iOlail .. —u^lei. � nil 1) ;,t
Jlinnc�ntd Uni(urn(. i uncrydnrnt� Il(,utks Rtvr_ ._....
� tg Inbenture, Made this............................................day of ................................................................. 19..7........
8..,
Independence Ten,..a general partnership........ ....................
between.............................................................................. .......... i
i
)
o the Count o Henne.p ?�.........................................and State o.......Minne.so.ta...........................I....................
f County of ................. f ,
part .....Y..... of the first part, andThe.... C.ity..... o.f.... Bro.okl.yn.... Center..,.....a.... mu.n.i.c.ip.a.l..................................
... ,
..................................................
............. C.o.r..p.q�'.a.t�..o�..... �,�1. .... a .... p.s�. �..t.� f ..... s.ub subdivision ..........................................� f part,
Minnesota
xx=pW�jMXR¢d�7x ;Z=Ro f the State o.................................................................................I part o the second
Witneop1b, That the said part.Y..... ... of the first part, in consideration of the sum of
One Dollar and other good and valuable consideration-__----_--�g1,j,,g� sr
......................................................................
..................................................................... ,
to ............... t.................................... in hand paid by the said party of the second part, the receipt whereof is
hereby acknowledged, do .e.s... hereby Grant, Bardatn, Quitclaim, and Convey unto the said party of
the second part, its successors and assigns, Forever, all the tract...... or parcel...... of land lying and being
in the County of ........... Hennep .n.............................................and State of Minnesota, described as follows, to -wit:
That part of Lot 20, Auditors Subdivision No. 57 lying
Southeasterly of a permanent drainage and utility easement
described as follows:
A 100 foot permanent utility, drainage and access
easement extending and shortening the side lines so
as to begin and terminate at the property lines over
that part of Lot 20, Auditors Subdivision No. 57,
Hennepin County, Minnesota, lying within the confines
of the above easement, which centerline is described
as follows: Beginning at a point on the north line of
the SE 1/4 of Section 28, Township 119, Range 21, a
distance of 330 feet west as measured along the north
line of said SE 1/4 from the northeast corner thereof:
thence in a southwesterly direction at an angle of 43[
131 50" with the north line of said SE 1/4 to the north-
easterly line of State Highway No. 152, and there
terminating.
To �L�abe anb to 3bolb the �banu, Together with all the hereditaiaents and appurtenances there-
ttnto belonyind or in anywise appertaini7ld, to the said paz•ty of the second part, its successors and assigns,
Forever.
3jn'Te!5timoup Whereof, The said party........ of the first part hu-S...... herezinto set ..... Its. ...................
haWl . _. the day and year fr.rst abortc u;rittezz.
INDEPENDENCE TEN
.....................................................................................
By.:
A General Partner
............... ................................. -................. ..................... I...........................
And. ..... ...... ...... ...................................._ . _.....................
A General Partner
Planning Commission Sheet
Application No. 77026
Applicant: Mr. Frank Girdler for Real Estate 10, Inc.
Location: 7240 Brooklyn Boulevard
Request: Rezoning
The applicant seeks rezoning, from R-1 (Single Family Residential) to C-1 (Service/
Office Commercial) of the triangular parcel bounded by Shingle Creek greenstrip,
the municipal boundary and Brooklyn Boulevard on the east side of the highway. The
proposed is an office building, and the applicant intends to remove the existing
single family structure. There are no public utilities to this property, but access
is possible. We have discussed with the applicant the necessity for providing
water and sewer service for any use other than the single family home.
We will have developed during the course of this application the final draft of
the Rezoning Evaluation Criteria. At this time we have generally measured the
request against those criteria and against the requirements of the Comprehensive
Plan. The Comprehensive Plan provides for the development of low intensity Service/
Office Commercial uses along Brooklyn Boulevard, and it does not specifically com-
ment as to this piece of land. The Comprehensive Plan map indicates a single family
dwelling and single family residential zoning.
There appears to be merit from a physical development standpoint in the request
because of the location on the highway and the relative isolation of the property
caused by the Shingle Creek easement. There would be no direct abuttment of a C-1
type development to any single family residential use.
Because of the location next to Shingle Creek and the Shingle Creek greenstrip, and
because of the relatively unique character of the property, the applicant was re-
quired to prepare an Environmental Assessment utilizing a format provided by the
State Environmental Quality Board. This was done at City request, and we have been
reviewing the data submitted in that report. We will be verifying whether additional
Environmental Assessment information is necessary, particularly whether there are
State requirements which might require review by the Environmental Quality Board.
You may recall that The Ponds Development to the west, submitted by Meadow Corporation,
did require an Environmental Assessment approval by the Environmental Quality Board.
It is questionable, however, because of the size of this development, whether such
a report is necessary for State review and approval.
We have reviewed for some time with the applicant, the need to provide provide
utilities and the need to protect the environmentally sensitive Shingle Creek and
Shingle Creek greenstrip. It is recommended that the Commission carefully review
conceptual layouts with the applicant, and to specifically review proposed measures
which the applicant could take to provide aesthetic and physical protection.along
the Creek.
A public hearing has been scheduled.
We will be prepared to discuss this item further, and during the course of review
by the Northwest Advisory Group we would recommend that the Commission also continue
its review of the proposal to clearly define the merits and concerns regarding the
proposal.
Application No. 77026 continued
It is established Commission policy to refer all rezoning requests to the appro-
priate Neighborhood Advisory Group, and to solicit their review and comment.
Incidentally, the Commission should review this matter in the context of an area
wide impact since the owner of the R-3 zoned property immediately to the west
across the highway and north of the Shingle Creek greenstrip has indicated a desire
to rezone that land to commercial. An application has not been submitted, but the
owner is in the process of preparing an Environmental Assessment and other necessary
preliminary documentation. We have indicated to that party, as we have to this
applicant, that there may be merit to establishment of C-1 zoning in these areas,
however, the owner of the property on the west indicated a desire to have part of
the property zoned C-2 since it abuts comparably zoned land in Brooklyn Park, and thus
the action taken on this application could be expected to have bearing on the
review and ultimate disposition of a future request by that owner.
7-20-77
Planning Commission Information Sheet
Application No. 77026
Applicant: Real Estate 10, Inc.
Location: 7240 Brooklyn Boulevard
Request: Rezoning
This item was tabled at the July 20, 1977 meeting and referred to the Northwest
Neighborhood Advisory Group for review and comment. It contains a request to rezone
from R-1 (Single Family Residential) to C-1 (Service/Office Commercial) of the
triangular parcel bounded by Shingle Creek greenstrip, the municipal boundardy and
Brooklyn Boulevard on the east side of the highway. The proposed use is an office
building, and the applicant intends to remove the existing single family structure.
There are no public utilities to this property, but access for utilities is possible.
We have discussed with the applicant the necessity for providing water and sewer
service for any use other than the single family home.
The rezoning request evaluation guidelines which were recently adopted by the City
Council may be used to further evaluate this proposal. There appears to be merit
from a physical development standpoint, because of the location on the highway and
the relative isolation of the property caused by the Shingle Creek easement. There
would be no direct abutment of a C-1 type development to any single family residential
use.
As we noted earlier, the applicant prepared an environmental assessment worksheet,
and we have reviewed it in detail and at the time particularly of a proposed
specific development, the information contained therein, would be applied.
The Northwest Neighborhood Advisory Group has submitted the attached report, and
recommends approval of the application, citing a number of concerns.
There are three specific considerations which are recommended as part of any action
to approve this request.
1. The subject property shall be replatted by registered land survey or
plat, and said action shall account for necessary easements and/or
dedications for utility and walk -way purposes.
2. The existing structure shall be removed prior to the establishment
of any nonresidential use.
3. Platting and development of the subject property shall be fully
subject to all applicable environmental and engineering requirements.
4. A resolution comprehending the action would be in order and could be
prepared prior to next week's meeting. We will be prepared to discuss
the item in further detail.
9-14-77
U
R5