HomeMy WebLinkAboutPC90007 - 4/12/90 - 5929 Brooklyn BlvdPLANNING CONMMSION FILE CHECKLIST
File Purge Date: -
FILE INFORMATION
Planning Commission Application No. 9n'�)o7
PROPERTY INFORMATION
Zoning: RI
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: Planning Commission
Minutes: City Council
Resolutions: Planning Commission
Resolutions: City Council
Ordinances: City Council
City Vault
City Vault
City Vault
City Vault
City Vault
Historical Photographs: Planning Commission City Archieve
CITY OF BROOKLYN CENTER
PLANNING COMMISSION APPLICATION
Application No. 90007
Street Location of Property
Legal Description of Property
Please Print Clearly or Type
5929 Brooklyn Boulevard, Brooklyn Center, MN
See attached.
Owner Cross of Glory Lutheran Church & Milo Carlson
5929 Brooklyn Boulevard 5830 Drew Avenue North 533-8602 (Church)
Address Brooklyn Center, MN Brooklyn Center, MN Phone No. 533-9240 Carlson)
Applicant Merila & Associates, Inc.
Address 8401 73rd Avenue North, Brooklyn Park, MN 55428 Phone No. 533-7595
Type of Request: Rezoning X Subdivision Approval
_ Variance Site & Bldg. Plan Approval
Special Use Permit
Other:
Description of Request: To subdivide one small parcel of land and to consolidate 15 other
parcels of land into two lots.
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 the obligation o pay costs incurred
prior to withdrawal.
Fee $100.00 i Applicant's Signature
Recei pt No. 8 3 2. 3e-k Date:
PLANNING COMMISSION RECOMMENDATION
Dates of P.C. Consideration:
Approved / Denied
following conditions:
this / ) `day of o 19X",, subject to the
CITY COUNCIL ACTION
Dates of Council Consideration:
Approved — =— Denied this4 day of
amendment:
rman
19'�A_, with the following
L,ie
P/I Form No. 18 (over please)
LEGAL DESCRIPTIONS OF PROPERTY TO BE PLATTED
PARCEL 1•
Lots 3 to 10, inclusive, Block 2; all of Outlot 1, except
the easterly 30 feet thereof, PEARSON'S NORTHPORT 3RD
ADDITION, according to the recorded plat thereof, and
situate in Hennepin County, Minnesota.
Being registered land as is evidenced by Certificate of
Title No. 504728.
PARCEL 2•
That part of Lot 14, AUDITORS SUBDIVISION NUMBER 216,
Hennepin County, Minnesota, lying North of the north line of
GRIMME'S ADDITION and East of the east line of that tract of
land conveyed to the Village of Brooklyn Center in Book 2119
of Deeds, Page 170 as Document No. 3048751 as recorded in
the office of the County Recorder in Hennepin County,
Minnesota, EXCEPTING therefrom that part of said Lot 14,
said AUDITORS SUBDIVISION NUMBER 216, lying within the
following described tract: Beginning at the northwest corner
of Lot 13, Block 1, GRIMME'S ADDITION; thence easterly along
the northerly line of said Lot 13 to the northeast corner of
said Lot 13; thence northerly in a straight line and at
right angles to said northerly line of said Lot 13 a
distance of 35 feet; thence westerly and parallel to the
northerly line of said Lot 13, a distance of 185.85 feet;
thence southerly to the point of beginning, according to the
plat thereof on file and of record in the office of the
County Recorder in and for said County and State.
PARCEL 3•
That part of Lot 11, AUDITORS SUBDIVISION NUMBER 216,
Hennepin County, Minnesota, lying easterly and southerly of
the plat of PEARSON'S NORTHPORT 3RD ADDITION.
PARCEL 4•
That part of Lot 13, AUDITORS SUBDIVISION NUMBER 216,
Hennepin County, Minnesota, lying North of GRIMME'S ADDITION
and West of the west line of Lot 1, Block 1, said GRIMME'S
ADDITION, extended northerly.
EXCEPT: That part of Lot 13, AUDITOR'S SUBDIVISION NO. 216,
Hennepin County, Minnesota, described as follows: Beginning
at the northeast corner of Lot 13, Block 1, GRIMME'S
ADDITION, according to the recorded plat thereof, Hennepin
County, Minnesota; thence northerly 35.00 feet at right
angles to the north line of said Lot 13, Block 1; thence
westerly parallel with said north line of Lot 13, Block 1,
to the westerly line of said Lot 13, AUDITOR'S SUBDIVISION
NO. 216; thence southerly 35.00 feet along the said westerly
line of said Lot 13, AUDITOR'S SUBDIVISION NO. 216, to the
north line of said Lot 13, Block 1; thence easterly along
said north line of Lot 13, Block 1, to the point of
beginning.
PARCEL 5:
The easterly 30 feet of Outlot
ADDITION, according to the map
of record in the office of the
Hennepin County, Minnesota.
PARCEL 6•
1, PEARSON'S NORTHPORT 3RD
or plat thereof on file and
County Recorder in and for
Lot 13, Block 1, GRIMME'S ADDITION, Hennepin County,
Minnesota; and
That part of Lot 13 and Lot 14, AUDITOR'S SUBDIVISION
NO. 216, Hennepin County, Minnesota, described as follows:
Beginning at the northwest corner of Lot 13, Block 1,
GRIMME'S ADDITION, according to the map or plat of record in
the Office of the Register of Deeds in and for said Hennepin
County, Minnesota, which is the point of beginning; thence
easterly along the northerly line of said lot to the
northeasterly corner of said lot; thence northerly in a
straight line and at right angles to said northerly line of
said lot a distance of 35 feet, thence westerly and parallel
to the northerly line of said lot a distance of 185.85 feet,
thence southerly to the point of beginning.
EXCEPT: That part of Lot 13, AUDITOR'S SUBDIVISION NO. 216,
Hennepin County, Minnesota, described as follows: Beginning
at the northeast corner of Lot 131 Block 1, GRIMME'S
ADDITION, according to the recorded plat thereof, Hennepin
County, Minnesota, thence northerly 35.00 feet at a right
angle to said north line of Lot 13, Block 1; thence westerly
59.85 feet parallel to said north line; thence southerly
35.00 feet at a right angle to said north line; thence
easterly 59.85 feet along said north line to the point of
beginning.
PARCEL 7:
That part of Lot 13, AUDITOR'S SUBDIVISION NO. 216, Hennepin
County, Minnesota, described as follows: Beginning at the
northeast corner of Lot 13, Block 1, GRIMME'S ADDITION,
according to the recorded plat thereof, Hennepin County,
Minnesota; thence northerly 35.00 feet at a right angle to
said north line of Lot 13, Block 1; thence westerly 59.85
feet parallel to said north line; thence southerly 35.00
feet at a right angle to said north line; thence easterly
59.85 feet along said north line to the point of beginning.
Planning Commission Information Sheet
Application No. 90007
Applicant: Merila and Associates
Location: 5929 Brooklyn Boulevard and 5830 Drew Avenue North
Request: Preliminary Plat
The applicant requests preliminary plat approval to combine into
two parcels the land at the Cross of Glory Church (5929 Brooklyn
Boulevard) and a single-family residence at 5830 Drew Avenue North.
The land in question is zoned R1 and is bounded on the north by
Ewing Avenue North and Admiral Place, on the east by Brooklyn
Boulevard and the Brookdale West Professional Building, on the
south by 5824 Drew Avenue North and 58 1/2 Avenue North, and on the
west by Ewing Avenue North. The purpose of the plat is to combine
the land owned by the church into a single parcel and to resolve
some title problems between the church property and the Milo
Carlson property at 5830 Drew Avenue North. The Carlson property,
which includes a 35' wide strip of land north of the platted lot
for the house, will also be combined into a single parcel.
The church property includes Lots 3 through 10 and Outlot 1 of
Block 2, Pearson's Northport 3rd Addition. It also includes
portions of Lots 11, 13 and 14 of Auditor's Subdivision No. 216.
The Carlson property includes a portion of Lots 13 and 14,
Auditor's Subdivision No. 216 and Lot 13, Block 1, Grimmes
Addition. Under Section 35-540 of the Zoning Ordinance, multiple
parcels of land which are contiguous and which serve a single
development and are under common ownership, are to be combined into
a single parcel through platting or registered land survey. That
is accomplished for both the church property and the Carlson
property through this plat.
The lots
created by
the proposed plat have
the following
characteristics:
Lot
Width
Area Zoning
Use
1
irregular
241,122 s.f. R1
Church
2
110'
18,658 s.f. R1
single-family
There is an existing 15' wide utility
the proposed Lot 2 (Carlson property).
of the old Lot 13, Block 1, Grimmes
existing house is situated. Mr.
garage on the property. Because
easement, the garage will have to
Carlson property will be allowed
church property which lines up wj
access agreement should be filed w:
the County.
4-12-90 -1-
easement which runs through
It runs along the north 15'
Addition parcel where the
Carlson wishes to construct a
of the presence of the utility
be detached. An access to the
cross a driveway opening to the
th Drew Avenue North. A cross
th the titles to the property at
Application No. 90007 continued
The proposed plat will resolve a title problem between the church
and the Carlsons', but may create a new dispute between the church
and the office building property abutting Brooklyn Boulevard. The
surveyor believes he has discovered an error in a previous survey
of the office site which gave the office a rectangle of land
southeast of the building (labeled parcel 4 on the preliminary
plat). Six (6) parking stalls and a turnaround with a catch basin
have been constructed in this area and have been used for some
years by the office building. The church approached the owners of
the office building about participating in the plat and resolving
the dispute over this land in the process. The owners of the
office building, however, have declined at this time to participate
and believe that, even if a surveying error was made in the past,
they now have ownership of the land through adverse possession.
Therefore, there could be a dispute over the filing of this plat.
This dispute cannot be arbitrated by the City though we acknowledge
it exists. The City Attorney has advised that the Planning
Commission and City Council process the plat, assuming it to be
accurate. We are not qualified to judge the work of a registered
land surveyor except as it relates to City requirements. The
County Surveyor may do so. The City Attorney advises that the plat
not be tabled or denied while the dispute exists, but rather that
the dispute should be resolved directly by the parties involved
through legal action if necessary.
We, therefore, conclude that the plat is basically 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. All survey monuments associated with the plat shall be
installed and inspected prior to release of the final
plat for filing.
4. A cross access agreement, as approved by the City
Attorney, shall be filed with the title to the properties
providing access across the proposed Lot 1 to Lot 2 in
the area by Drew Avenue North.
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NOTICE OF HEARING
ON PROPOSED PLAT
CITY OF BROOKLYN CENTER
Notice is hereby given of a public
hearing to be held on the 12th day of
April, 1990 at 7:30 P.M. at the City
Hall, 6301 Shingle Creek Parkway, to
consider the platting of property to be
known as "Cross of Glory Addition"
described as follows:
Legal Descriptions of Property
Parcel 1: To be Platted
Lots 3 to 10, inclusive, Block 2; all
Of Outlot 1, except the easterly 30 feet
thereof, PEARSON'S NORTHPORT
3RD ADDITION, according to the re
corded plat thereof, and situate in
Hennepin County, Minnesota.
Being registered land as is evi
denced by Certificate of Title No.
504728.
Parcel2:
That part of Lot 14, AUDITORS
SUBDIVISION NUMBER 216, Hen
nepin County, Minnesota, lying North
of the north line of GRIMME'S AD
DITION and East of the east line of
that tract of land conveyed to the
Village of Brooklyn Center in Book
2119 of Deeds, Page 170 as Document
No. 3048751 as recorded in the office of
the County Recorder in Hennepin
County, Minnesota, EXCEPTING
therefrom that part of said Lot 14,
said AUDITORS SUBDIVISION
NUMBER 216, lying within the fol
lowing described tract: Beginning at
. the northwest corner of Lot 13, Block
1, GRIMME'S ADDITION; thence
easterly along the northerly line of
said Lot 13 to the northeast corner of
said Lot 13; thence northerly in a
Straight line and at right angles to
said notherly line of said Lot 13 a
distance of 35 feet; thence westerly
and parallel to the northerly line of
said Lot 13, a distance of 185.85 feet;
thence southerly to the point of be
ginning, according to the plat thereof
on file and of record in the office of
the County Recorder in and for said
County and State.
Parcel3:
That Part of Lot 11, AUDITORS
SUBDIVISION NUMBER 216, Hen
nepin County, Minnesota, lying east.
erly and southerly of the plat of
PEARSON'S NORTHPORT 3RD
ADDITION.
Parcel 4:
That part of Lot 13, AUDITORS
SUBDIVISION NUMBER 216, Hen
nepin County, Minnesota, lying North
Of GRIMME's ADDITION and West
Of the west line of Lot 1, Block 1, said
oRIMeME'S ADDITION, extended
EXCEPT: That part Of Lot 13,
AUDITOR'S SUBDIVISION NO. 216,
Hennepin County, Minnesota, des
cribed as follows: Beginning at the
northeast corner Of Lot 13, Block 1,
GRIMME'S ADDITION, according to
the recorded plat thereof, Hennepin
County, Minnesota; thence northerly
35.00 feet at right angles to the north
life, of said Lot 13, Block 1; thence
westerly parallel with Said north line
Of Lot 13, BLOck 1, to the westerly line
of said Lot 13, AUDITOR'S SUB,
DIVISION NO. 216, thence southerly
35.00 feet along the said westerly line
Of said Lot 13, AUDITOR'S SUB.
DIVISION NO. 216, to the north line of
said Lot 13, Block 1; thence easterly
along said north line of Lot 13, Block 1, to the point Of beginning
Parcels:
The easterly 30 feet of Outlot 1,
PEARSON'S NORTHPORT 3RD
ADDITION, according to the map or
Plat thereof on file and of record in
the Office of the County Recorder in
and for Hennepin County, Minnesota.
Parcel6:
Lot 13, Block 1, GRIMME'S ADDI
TIO N, Hennepin County, Minnesota;
and
That part of Lot 13 and Lot 14,
AUDITOR'S SUBDIVISION NO. 216,
Hennepin County, Minnesota, des-
cribed as follows: Beginning at the
northwest corner of Lot 13, Block 1,
GRIMME'S ADDITION, according to
the map or plat of record in the Office
Of the Register of Deeds in and for
said Hennepin County, Minnesota,
which is the point Of beginning;
thence easterly along the northerly
line of said lot to the northeasterly
corner of said lot; thence northerly in
a straight line and at right angles to
said northerly line of said lot a
distance Of 35 feet, thence westerly
and parallel to the northerly line of
said lot a distance of 185.85 feet,
thence southerly to the point of be ginning.
EXCEPT: That part of Lot 13,
AUDITOR'S SUBDIVISION NO, 216,
Hennepin County, Minnesota, des-
cribed as follows: Beginning at the
northeast corner of Lot 13, Block 1,
GRIMME'S ADDITION, according to
the corded plat thereof, Hennepin
County, Minnesota, thence northerly
35.00 feet at a right angle to said north
line of Lot 13, Block 1; thence wester
Iy 59.85 feet parallel to said north
line; thence southerly 35.00 feet at a
right angle to said north line; thence
easterly 59.85 feet along said north
line to the point of beginning.
Parcell:
That part of Lot 13, AUDITOR'S
SUBDIVISION NO. 216, Hennepin
County, Minnesota, described as
follows: Beginning at the northeast
corner Of Lot 13, Block 1, GRIMME'S
ADDITION, according 10 the re-
corded plat thereof, Hennepin County,
Minnesota; thence northerly 35.00 feet
at a right angle to said north line of
Lot 13, Block I i thence westerly 59.85
feet parallel to said north line; thence
southerly 35.00 feet at a right angle to
said north line; thence easterly 59.85
feet along said north line to the point
of beginning.
This property is more commonly
described as 5929 Brooklyn Boulevard
and 5830 Drew Avenues ti.....,
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 PostNews
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 - prop. at 5929
Brooklyn Blvd, & 5830 Drew Ave. N.
which is attached was cut from the columns of said newspaper, and was printed and published once a week, for
1 successive weeks; it was first published on Wednesday . the Tth day of
April 1990 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
TITLE:
Acknowledged before me on
General Manager
this-5 th day of April ,19 90
l'
Notary Public
�7111r At iODA
HEK !
My COY..
RATE INFORMATION
(1) Lowest classified rate paid by commercial users for com- f 1.70
parable space. (Line)
(2) Maximum rate allowed bylaw for the above matter. f .50
(Line) a 50
(3) Rate actually charged for the above matter. f
(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, April 23,1990 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: Merila and Associates
PROPERTY NAMED IN THE PETITION: 5929 Brooklyn Blvd. and 5830 Drew AVenue N.
Legal Description: see attached
BRIEF STATEMENT OF CONTENTS OF PETITION:
To subdivide the property for Cross of Glory Addition.
Respectfully,
Ronald A. Warren
Planning Commission Secretary
CITY OF BROOKLYN CENTER
PLANNING COMMISSION
6301 Shingle Creek Parkway
NOTICE OF PUBLIC HEAPING
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, April 12, 1990 at approximately
7:30 p.m., at the City Hall, 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 5693300 to
rake arrangements,
TYPE OF REQUEST: Preliminary Plat
PETITIONER: Merila and Associates
PROPERTY NAMED IN THE PETITION: 5929 Brooklyn Boulevard and 5830 Drew Avenue No.
Legal Description: see attached
BRIEF STATEMENT OF CONTENTS OF PETITION:
To subdivide the property for Cross of Glory Addition.
Respectfully, %
Ronald A. Warren
Planning Commission Secretary
The following have been notified of the proposed preliminary plat application
(#90007) submitted by Merila and Associates.
Hennepin County Highway Department
320 S. Washington Avenue N.
Hopkins, MN 55343
-Independent School District #281
4148 Winnetka Avenue North
New Hope, Mn 55428
Applicant: Merila & Assoc.
8401 73rd Ave. N.
B. Park, MN 55428
Cross of Glory Church
5929 Brooklyn Blvd.
BC, MN 55429
Notices Mailed -4-90
Noti s Mailed 4-17-9 _
By