Loading...
2007.10.08 PC Meeting PacketCRYSTAL PLANNING COMMISSION AGENDA SUMMARY October 8, 2007 7:00 p.m. Crystal City Hall - Council Chambers 4141 Douglas Dr N A. CALL TO ORDER B. APPROVAL OF MINUTES • September 10, 2007 regular meeting* C. PUBLIC HEARINGS 1. Consider Application 2007-08 for a Conditional Use Permit and Site Plan approval to allow outdoor storage for Reliable Property Services at 5712 Lakeland Ave N.* 2. Consider Application 2007-09 for a Conditional Use Permit to allow a privately - owned community center at 5736 Lakeland Avenue North.* 3. Consider Application 2007-10 for a Preliminary Plat of Crystal Park Station (CPRR property west of Douglas Drive).* 4. Consider Application 2007-11 for a Zoning Ordinance text amendment in 515.33 Subd. 8 c) to allow reduction of side setbacks in the R-1 district in certain circumstances upon grant of an adjacent open space easement.* 5. Consider Application 2007-12 for a Variance to reduce the rear (west) setback at 6305 Corvallis Ave N.* D. OLD BUSINESS E. NEW BUSINESS 1. Discuss a preliminary Planned Development concept to plat a two family dwelling at 4908 Bernard Avenue North into separate parcels for each unit.* F. GENERAL INFORMATION 1. Quarterly Development Status Report 2. City Council actions on recent Planning Commission items* 3. Staff preview of likely agenda items for November 12, 2007 meeting G. OPEN FORUM H. ADJOURNMENT *Items for which supporting material will be included in the meeting packet CRYSTAL PLANNING COMMISSION September 10, 2007 A. CALL TO ORDER PAGE I OF 6 The regular meeting of the Crystal Planning Commission convened at 7:01 pm with the following members present: Davis, Buck, VonRueden, Whitenack, Nystrom, Sears, Strand, and Hester. Also present were city staff members Sutter and Zimmermann, and Council Liaison Anderson. B. APPROVAL OF MINUTES Moved by Commissioner Nystrom and seconded by Commissioner Buck to approve the minutes of the July 9, 2007 regular meeting. Motion carried. C. PUBLIC HEARINGS 1. Consider Application 2007-06 for a Conditional Use Permit and Site Plan approval to construct a new building for showroom and detailing space for Crystal Motors at 5241 West Broadway. Mr. Zimmermann summarized the staff report. Commissioner Nystrom asked if there was a time limit for them to do the project. Mr. Zimmermann Planning Commission explained that Conditional Use Permits do expire if work does not progress. Commissioner Whitenack opened the public hearing. There were no comments from the public. Commissioner Whitenack closed the public hearing. Commissioner Strand asked whether there would be any office space in the new showroom building. Eric Reiners representing Crystal Motors said they would have a few desks towards the back of the showroom for the sales staff, but most of the offices would be in the existing building. Moved by Nystrom and seconded by VonRueden to recommend to the City Council to approve Application 2007-06 for a Conditional Use Permit and Site Plan approval to construct a new building for showroom and detailing space for Crystal Motors at 5241 West Broadway. Findings of Fact and Conditions of Approval are as indicated in the staff report. Motion carried. PAGE 2 OF 6 2. Consider Application 2007-07 to amend portions of City Code Section 405 (Signs). Mr. Zimmermann summarized the staff report. Commissioner Nystrom said she liked that the text had been cleaned up and made easier to follow. Commissioner Sears express concern about limiting signs for business uses and how that might negatively impact the economy of the community, and cited the high vacancy rate of Crystal Business Commons (5500 Lakeland) which has signs that don't stand out. Mr. Sutter said that our code would allow signs in addition to what is at that location but the number, size and style of signs is probably a business decision by the property owner reflecting the kind of character he wants his building to have. Commissioner Whitenack said it's a quality of life issue, and limitations on electronic signs are appropriate in a suburban environment like Crystal. Mr. Zimmermann explained that electronic signs would be restricted in terms of size, message animation, etc. but not prohibited outright. Commissioner Whitenack opened the public hearing. There were no comments from the public. Commissioner Whitenack closed the public hearing. Moved by Nystrom and seconded by Davis to recommend to the City Council to approve Application 2007-07 to amend portions of City Code Section 405 (Signs). Motion carried. D. OLD BUSINESS 1. Consider Application 2006-22 for a Conditional Use Permit to allow an educational/classroom use at 5736 Lakeland Ave N. Mr. Zimmermann summarized the staff report; and explained that the applicant had originally applied for a Conditional Use Permit for a Community Center but that application had been denied by the City Council; and that the applicant subsequently submitted a revised request for educational/classroom use and that is the proposal being considered by the Commission at this time. PAGE 3 OF 6 Commissioner Sears asked why they have to plant some new trees when the building is not being changed. Mr. Zimmermann explained that it is the construction of the new, off-site parking that is triggering the landscape requirements including planting three new trees. Commissioner Whitenack opened the public hearing. Henry Addy, the applicant, handed out a memorandum to the Commissioners. He said that his original plan was to be able to have a community center with variety of different functions. He said it was the city that added the educational/classroom use, but all along he had planned on using it as a community center. Commissioner Whitenack asked whether there would be enough parking to handle the meeting room's maximum 200 person occupant load. Mr. Zimmermann said the 120 fixed seats shown on the submitted plan are what the parking can accommodate. Mr. Sutter said that the 200 person limit is based on fire code not zoning code, and whichever is more restrictive would govern. Henry Addy said other businesses would be closed when the meeting room is used. Mr. Zimmermann said each use's parking requirements must be calculated separately. Mr. Sutter said we checked parking compliance based on the 120 fixed seats shown on the plan submitted by the applicant, and we don't know if there is enough parking to accommodate the maximum fire code occupancy of 200. Mr. Zimmermann said using the meeting room for business meetings would be like the educational/classroom use but other gatherings would be a community center use and the City Council has already denied that application. Mr. Addy said from the beginning he has said he wanted to make it a community center, he has met all of the city's demands, he is paying a mortgage, this is imposing a hardship, he thought his original plan is what would be considered, look at the big picture. Parking was the only issue and now he's fixed that, it's taken months to get that fixed, contractor is ready to install the parking lot, he doesn't want the bank to take over his building but the city is holding him back. Commissioner Davis asked if he would still go ahead as outlined in the staff report. Mr. Addy said yes but it wouldn't cover his expenses. Commissioner Davis asked if he would be willing to keep other businesses closed when the meeting room is used. Mr. Addy said yes. PAGE 4OF6 Commissioner Sears said that once you count instructors the educational/classroom use might actually need more parking than shown. Mr. Addy said the city should follow national codes not local codes. Mr. Sutter said that the neighbors need to be notified if the project is now being revised back to the original community center use. Physical issues like parking and site improvements seem to have been resolved so the Commission could recommend approval of the educational/classroom use and the applicant could submit a new application for the community center explaining exactly how the property would be used. Mr. Zimmermann apologized if Mr. Addy misunderstood but the City Council already denied the community center use and continued its consideration of the educational/classroom use, staff did not know Mr. Addy intended to pursue the community center use. Commissioner Whitenack opened the public hearing. Rev. Charles Goah said he is Mr. Addy's pastor. It is important for the property to be opened to the community so groups can gather and have meetings, and he supports this plan. William Lubov said he is an attorney and has known Mr. Addy and worked with the Liberian community for almost 20 years. It is vital for the community to have a facility like this. Liberians are a vital part of Minnesota. This is something that's vital not only to Mr. Addy's business plan but also to for the integration of the Liberian populations into the broader community. The Planning Commission should support this plan. Rev. Francis Tabla said he is pastor at Ebenezer Community Church and has known Mr. Addy for years. The need for this facility cannot be overemphasized. Parking is not an issue to be afraid of, there are thousands of Liberians in the area but not all would attend at one time, wedding receptions would draw people but not that many. Mr. Addy is recognized in the Liberian community for his support. There are more than 5,000 Liberians in Crystal, Brooklyn Center and Brooklyn Park. Tim Barnes said he is the executive director of the Emergency Foodshelf Network and they are moved by a commitment to help others. They had to do outreach to the Liberian community and Mr. Addy helped to do that, and they support his effort to give back to the community. Ben Cooper said he is a visiting pastor at Ebenezer Community Church. The Liberian community needs a place to gather together and he asks for the Commission's support. PAGE 5OF6 Elroy Moore has known Mr. Addy for more than 20 years. He wants to pull the community together and the facility is vital to their culture and traditions. There were no other comments from the public. Commissioner Whitenack closed the public hearing. Commissioner Sears said that various uses may feed off each other; we should try and expedite this; and he is confused with such a large building how we can't figure out how many people can be in it. Commissioner Davis said he is in favor of moving the proposal forward as submitted in the staff report but that Mr. Addy should submit a revised proposal later. Commissioner VonRueden said he has no problem with the proposal as prepared for the agenda packets, but he has a lot of problems with the uses described in the memorandum handed out by Mr. Addy tonight including being open until 2:00 a.m. Commissioner Sears said that closing at 2:00 a.m. is a potential problem because there are homes close by. Commissioner Whitenack said any follow-up submittal should include the memo handed out tonight so those issues can be addressed. Mr. Addy said the health department has already approved serving food there. They would actually close at 1:00 a.m.; 2:00 a.m. is to give them time to clean up afterwards. Commissioner Sears said there are homes right across the street so even closing at 1:00 a.m. is a problem especially because people linger. Mr. Zimmermann said if the City Council approves the educational/classroom use next week then Mr. Addy can get going on the parking lot soon and submit new application for the community center use later. Moved by Davis and seconded by Hester to recommend to the City Council to approve Application 2006-22 for a Conditional Use Permit to allow an educational/classroom use at 5736 Lakeland Ave N. Findings of Fact and Conditions of Approval are as indicated in the staff report. Motion carried 7-1 with Davis, Buck, VonRueden, Whitenack, Sears, Strand and Hester voting aye, and Nystrom voting nay. PAGE 6OF6 E. NEW BUSINESS F. GENERAL INFORMATION Mr. Zimmermann and Mr. Sutter discussed potential applications which may be considered at the Oct. 8, 2007 Planning Commission meeting. Mr. Sutter announced that the Community Development Assistant position had been filled, and the new staffer Corinne Elfelt would be starting on September 11, 2007. G. OPEN FORUM Commissioner Hester asked if it is appropriate for an applicant to provide materials at the meeting, as happened with application 2006-22 earlier tonight. Mr. Sutter said an applicant has the right to submit additional information at the meeting, but the Planning Commission may choose not to act on such a submittal to ensure that staff and the Commissioners are given adequate time to review the additional material. H. ADJOURNMENT Moved by Commissioner Buck seconded by Commissioner Nystrom to adjourn. Motion carried. The meeting adjourned at 8:35 p.m. Chair Whitenack Secretary Hester M E M O R A N D U M DATE: October 3, 2007 TO: Planning Commission (October 8t" meeting) FROM: Jason Zimmermann, Code Enforcement and Zoning Administrator SUBJECT: Public Hearing: Consider Application 2007-08 for a Conditional Use Permit to allow outdoor storage as part of a proposed property maintenance business at 5712 Lakeland Ave N. A. BACKGROUND The subject property is zoned C-2, General Commercial. The site is currently vacant. The building will be used for office, showroom space, and equipment storage and repair. The parking lot on the south side of the building will be used for customer and employee parking. The fenced area at the northeast "notch" of the building is proposed to be used for outdoor storage. The applicant is a property maintenance business. Their proposed use would include outdoor storage as an accessory and subordinate use, which requires a conditional use permit under 515.53 Subd. 4 d) provided the following conditions are met: ■ The storage area is hard surfaced and clearly designated on the site as being limited to the specific, approved area. ■ The storage area does not exceed 60% of the gross floor area of the principal use, 40% of the area of the property, or 20,000 square feet. ■ The storage area is fully screened from any adjacent property including public right- of-way. ■ The items to be stored outdoors are typically found outdoors and are constructed of materials appropriate for outdoor weather conditions. ■ The city council finds that there will be adequate screening and buffering between the establishment and adjacent uses. ■ The city council determines that all applicable requirements of subsection 515.05, subdivision 3 a) and section 520 are considered and satisfactorily met. 515.05 Subd. 3 a): In addition to specific standards or criteria included in the applicable district regulations, the following criteria shall be applied in determining whether to approve a conditional use permit request: 1) The consistency of the proposed use with the comprehensive plan. 2) The characteristics of the subject property as they relate to the proposed use. 3) The impact of the proposed use on the surrounding area. As with all conditional use permits, a public hearing held by the Planning Commission must precede City Council action on the application. Notice of the October 8, 2007 public hearing was mailed to all property owners within 350 feet of the subject property and published in the Star Tribune on September 28, 2007 and the Sun Post on October 4, 2007. The following Exhibits are attached: A. Aerial photo showing the location of the subject property. B. Narrative submitted by applicant. C. Site plan submitted by applicant including photos of existing conditions. D. Floor plan submitted by applicant. E. Photos showing examples of equipment to be stored outside. F. Photos showing examples of material storage bins at applicant's other site. G. Description of outdoor storage container proposed to be used by applicant. B. STAFF COMMENTS The proposed use described in the narrative and site plan would comply with city code. The proposed outdoor storage will comply with required conditions listed in 515.49 Subd. 4 d): ■ The storage area is hard surfaced and clearly designated on the site as being limited to the specific, approved area. The outdoor storage area is currently asphalt and is fenced and separated from the building and rest of the site with access from Cloverdale Ave. ■ The storage area does not exceed 60% of the gross floor area of the principal use, 40% of the area of the property, or 20,000 square feet. The storage area is 4,500 square feet which is 30% of the principal use. ■ The storage area is fully screened from any adjacent property including public right- of-way. Vinyl screening will be added to the existing chain link fence surrounding the outdoor storage area. Additional landscaping will be installed in the spring. ■ The items to be stored outdoors are typically found outdoors and are constructed of materials appropriate for outdoor weather conditions. Items to be stored outside include steel plows and similar equipment and temporary supplies for landscape projects such as mulch or sand. Larger, enclosed containers may be placed within the outdoor storage area to contain some materials. The building itself will consist of office and showroom space and space for equipment storage and repair. Much of the existing office area will be demolished and remodeled to allow for new bathrooms, office, staff and showroom space. A majority of the existing shop space will be left for the storage of equipment and supplies and minor repair of vehicles and equipment. CONDITIONAL USE PERMIT - RELIABLE PROPERTIES - 5712 LAKELAND AVE N 2 The existing parking area will be re -striped to accommodate 55 parking stalls. 35 parking stalls are required for the office, showroom and storage/repair space. C. RECOMMENDATION Staff recommends approval of the submitted plans for a Conditional Use Permit to allow outdoor storage as part of a property maintenance business at 5712 Lakeland Ave N, subject to the following conditions: The storage area is hard surfaced and clearly designated on the site as being limited to the specific, approved area. 2. The storage area does not exceed 60% of the gross floor area of the principal use, 40% of the area of the property, or 20,000 square feet. 3. The storage area is fully screened from any adjacent property including public right-of-way. The applicant's proposal to add vinyl slats to the chain link fence, together with planting shrubs along the fence, would be an acceptable screen to protect adjacent residential property provided material/equipment storage does not exceed the height of the screen. Specific plans (fence detail and type of landscaping) shall be submitted to city staff for review and approval, and the vinyl slats must be fully installed in accordance with the approved plans prior to the outdoor storage use being established. The plantings must be installed no later than June 1, 2008. Proposed landscaping shall be submitted for review and approval by the City Forester prior to installation. 4. The items to be stored outdoors are typically found outdoors and are constructed of materials appropriate for outdoor weather conditions. 5. Any new signage requires a permit prior to installation. 6. There shall be no outdoor repair work of any kind. All vehicle and equipment maintenance shall take place within the building. The suggested findings of fact are that the proposed use would be consistent with the Comprehensive Plan and city code, provided the recommended conditions are met. Planning Commission action is requested. The City Council would consider the Planning Commission's recommendation at its meeting on October 16, 2007. CONDITIONAL USE PERMIT - RELIABLE PROPERTIES - 5712 LAKELAND AVE N M E M O R A N D U M DATE: October 2, 2007 TO: Planning Commission (October 8th meeting) FROM: Jason Zimmermann, Code Enforcement and Zoning Administrator SUBJECT: Consider Application 2007-09 for a Conditional Use Permit For a privately - owned community center at 5736 Lakeland Ave N. A. BACKGROUND The subject property at 5736 Lakeland Ave is currently occupied by the African Food Market. The front portion of the building is used for retail. The applicant is proposing to use a vacant 3,405 square feet space as a privately -owned community center. The intended uses include community business meetings and receptions, baby naming ceremonies, weddings, dances and similar events, and organization town hall meetings. The subject property consists of 1.05 acres and is zoned C-2, General Commercial. Community Centers require a conditional use permit under 515.49 Subd. 4 b) provided the following conditions are met: ■ The facility is served by arterial, collector or municipal state aid streets and such pedestrian facilities as are necessary to accommodate the traffic generated by the facility. ■ The City Council determines that all applicable requirements of subsection 515.05 subd. 3 a) and section 520 are considered and satisfactorily met. 515.05 Subd. 3 a): In addition to specific standards or criteria included in the applicable district regulations, the following criteria shall be applied in determining whether to approve a conditional use permit request: 1) The consistency of the proposed use with the comprehensive plan. 2) The characteristics of the subject property as they relate to the proposed use. 3) The impact of the proposed use on the surrounding area. As with all conditional use permits, a public hearing held by the Planning Commission must precede City Council action on the application. The Planning Commission will hold the public hearing on October 8, 2007. The public hearing notice was sent to those property owners within 350 feet of the subject property on September 26, 2007 and published in the Star Tribune on September 28, 2007 and the Sun Post on October 4, 2007. The following Exhibits are attached: A. General location map. B. Aerial photo showing the location of the subject property. C. Narrative submitted by applicant. D. Floor plan. E. Proposed off-site parking plan. F. Site plan G. Lease for off-site parking H. Access easement for off-site parking. B. STAFF COMMENTS West Metro Fire • The occupant load of the room shall be 156, based on the number of fixed seats and open area which must be limited to maintain compliance with the zoning code. • The room shall have a sign with the occupancy load number on it. It shall be posted by one of the main doors. • An exit sign shall be located at the main double doors of this space. • There shall be a 101b ABC fire extinguisher within a 75 foot travel distance from anywhere in the space. The extinguisher(s) shall be mounted on the wall between 4 and 5 feet and have a current inspection tag. • Sprinkler permit/plans will be required to be pulled by the sprinkler contractor before doing work and approval is by the Fire Inspector. • Additional horns/strobes will be required to be installed by the alarm company. The locations will be determined by the Fire Inspector. An application and permit is required prior to starting work. • Emergency lighting shall be located in the new space along with verifying that there is emergency lighting in the hallway or corridor area. • Panic hardware shall be on all exit doors. • Information on the use of the stage shall be provided to the fire inspector. 2. Parking In accordance with parking requirements in Section 515.17 the proposed use must provide at least 102 off-street parking spaces. Specifically: - 63 spaces are required for the community center use (84 fixed seats @ 1 space per 2.5 seats = 34 spaces) + (500 s.f. of open area/7 = 72 seats. 72 seats @ 1 space per 2.5 seats = 29 spaces). Where fixed seating isn't provided, then each 7 square feet of floor area shall be counted as one seat. - 12 spaces are required for the African Food Market retail space (2,990 sq. ft. @ 1 space/250 sq. ft.) - 20 spaces are required for the other retail space (4 tenants @ minimum 5 spaces per tenant) - 5 spaces are required for the offices (3 office spaces @ 1 space/250 sq. ft., min. 5 spaces) CONDITIONAL USE PERMIT - PRIVATELY -OWNED COMMUNITY CENTER- 5736 LAKELAND AVE N 2 2 spaces are required for the storage space accessory to the other uses (1,162 sq. ft. @ 1 space/2,000 sq. ft.) The existing parking lot at 5736 Lakeland will have 49 spaces when reconfigured per the approved plan approved with building permit #33296 on March 30, 2007. The existing lot will meet the minimum number of parking spaces required for the retail, office and accessory storage uses within the building, with 10 additional spaces left over for the community center use. 47 parking spaces will be constructed on the adjacent Carpet King property at 5756 Lakeland; and also 6 additional spaces will be leased from Carpet King's existing parking lot in order to meet the minimum parking requirements for the community center use. Off-site parking is permitted per Section 515.17 Subd. 4 j). The applicant has provided a copy of a lease agreement with the owner of 5756 Lakeland Ave N and a recorded access easement allowing him and his customers to use a portion of that property for parking. Upon termination of the lease agreement, the community center use shall cease. No non -conforming use rights would be created by the granting of the requested Conditional Use Permit because one of the conditions for its approval would be that the applicant secure and maintain adequate off-site parking as required by city code. 3. Pedestrian &s !Vehicular Access; Impact of CSAH 81 Reconstruction Project • The property abuts the right-of-way for CSAH 81, and has frontage on the existing frontage road for CSAH 81 (Lakeland Avenue), as well as Colorado and Cloverdale Avenues which to some degree also function as backage roads for access to businesses along CSAH 81. City policy has been to deem the "arterial, collector or MSA" street requirement as being satisfied by frontage or backage roads along arterials that have limited access. • To prevent traffic problems, the west side of Colorado Avenue will be posted "no parking any time" and the east side will be posted "permit parking only"; such permits will be issued by the Police Department only for use by residents of the adjacent houses. There will be no parking on either side of Cloverdale Avenue; both sides will be posted "no parking any time". A paved pedestrian way must be provided from the off-site parking area to the principal use being served. The proposed parking plan shows a 6' sidewalk from the parking lot to the service entrance on the north side of the building. A sidewalk must also be installed along the north and west side of the building to provide access to the main doors for the community center area facing Lakeland. The sidewalk shall be a minimum of 5 feet in width. • Hennepin County's preliminary concept plan for the reconstruction of County Road 81 and adjacent frontage road (Lakeland Ave) shows 5756 Lakeland being acquired for road right-of-way. This is a proposed Hennepin County project so the city would not expect to be involved in the potential acquisition of 5756 Lakeland. Because the applicant is requesting a Conditional Use CONDITIONAL USE PERMIT - PRIVATELY -OWNED COMMUNITY CENTER- 5736 LAKELAND AVE N 3 Permit for uses that would be dependent on parking to be provided on the 5756 Lakeland parcel, the acquisition would impact the uses within the building at 5736 Lakeland. Any use of the building that is allowed based on the provision of the required parking through an off-site facility would be dependent on such parking continuing to be available. Any city approval of such use would include a stipulation that, if the parking required by city code ceases to exist, then the use dependent on such parking must also cease. For example, if 5756 Lakeland is acquired for roadway purposes and the off- site parking for 5736 Lakeland is therefore eliminated, then the Conditional Use Permit at 5736 Lakeland would be rescinded upon elimination of that parking. At such time, the educational/classroom use would have to cease unless the parking required by city code is provided in some other manner. 4. Landscaping Additional landscaping will be provided to provide screening from the residential properties to the east. The City Forester recommends that Common Lilac, Barberries, or Hedge or Amur Maple be used for the screening. Any other type of planting must receive pre -approval from the Forester prior to planting. Three deciduous shade trees must be planted on the 5756 Lakeland property in the grass area south of the new parking lot, and these must be pre -approved by the Forester prior to planting. Also, any dead or dying trees existing on either property (5736 or 5756 Lakeland) must be replaced. 5. Hours of operation • The applicant has indicated that he would like the hours of operation to be 10:00 a.m. to 12:45 a.m., with beer or wine service ending at 12:00 a.m. and any staff leaving before 2:00 a.m. • The Crystal Community Center, owned and operated by the city at 4800 Douglas Drive, requires groups using the facility to stop serving alcohol at 11:30 p.m., drinking and music must stop at 11:45 p.m., guests must leave the facility by 12:00 a.m., and bands/DJs and staff must be out of the building by 1:00 a.m. • Like the Crystal Community Center, the proposed privately -owned community center is situated near single family houses. Therefore it would be reasonable and appropriate to impose the same conditions for this proposed use as the city imposes on its own facility. That is the basis for imposing the hours of operations restrictions listed in condition #6 below. C. RECOMMENDATION Staff recommends approval of the requested Conditional Use Permit for a privately - owned community center at 5736 Lakeland Avenue, subject to the following conditions: The space is to be used for community center uses as described in the narrative submitted by the applicant dated September 14, 2007. CONDITIONAL USE PERMIT - PRIVATELY -OWNED COMMUNITY CENTER- 5736 LAKELAND AVE N 4 2. Tables and seating must be arranged as shown on the submitted floor plan (Exhibit E). Tables must be permanently affixed to the floor to provide for permanent seating. The City Building Official must inspect to see that the tables are permanently affixed to the floor prior to the issuance of a Certificate of Occupancy. Tables may not be removed to increase the amount of open floor area, because that would make the property noncompliant with the city's parking requirements. 3. A Certificate of Occupancy must be issued by the Building Official prior to any use or occupancy of the space. 4. The service of alcohol shall comply with all State and local laws. This Conditional Use Permit does not include or imply approval for sale or consumption of alcohol on the premises. Such approval is an entirely separate process regulated by state law and other sections of city code besides the zoning ordinance. 5. All activities related to the community center use shall be confined to the space indicated on the floor plan (Exhibit E). No community center activities are permitted in the retail or storage areas of the building or outside. 6. Hours of operation shall be as follows: — 11:30 pm: Stop serving alcohol (if alcohol is permitted to be served) — 11:45 pm: Stop consumption of alcohol (if alcohol is permitted to be served) — 11:45 p.m. Stop music — 12:00 am: Guests must leave the facility — 1:00 am: Band/DJ, caterers and other staff must be out of the building — There shall be no loitering outside the building or in the parking lots after the respective closing times above. 7. A sign permit is required prior to installation of any signage. 8. Secure necessary permits prior to commencing any work within the building. 9. There shall be no outdoor storage of any equipment or materials. 10. A permit must be issued prior to the construction of the off-site parking area in accordance with the normal requirements for parking lots including 136-12 concrete perimeter curb and gutter and bituminous surfacing subject to the approval of the City Engineer. 11. The parking area must be completed, including a final inspection to ensure compliance with the approved permit, prior to any use or occupancy of the space to be used for a community center on the floor plan. 12. In the event that the off-site parking required under Section 515.17 for the community center use is eliminated for any reason, then this Conditional Use Permit shall be automatically rescinded and the community center use shall cease. Causes of such elimination could include, but are not limited to, CONDITIONAL USE PERMIT - PRIVATELY -OWNED COMMUNITY CENTER- 5736 LAKELAND AVE N 5 cancellation or expiration of the applicant's lease with the owner of 5756 Lakeland, or acquisition of 5756 Lakeland by Hennepin County for the reconstruction of CSAH 81(Bottineau Blvd). No non -conforming use rights related to the requirements of Section 515.17 are created by the granting of this Conditional Use Permit. 13. A sidewalk must be installed around the north and west side of the building leading to the doors on the west side of the building. 14. Any dead or dying trees on the lot at 5756 must be replaced as part of the construction of the off-site parking area. In addition, 3 deciduous shade trees shall be planted in the open grass area between the parking lot and south lot line. 15. Common lilac, Barberries, or Hedge or Amur maple must be planted to provide screening from the residential properties to the east. Other plant types must be pre -approved by the City Forester prior to installation. 16. All requirements listed by West Metro Fire must be met prior to the issuance of a Certificate of Occupancy. 17. Notwithstanding the maximum occupant load set by West Metro Fire per the fire code, the maximum occupancy load of the room shall be 156 based on the fixed seating and open area shown on the floor plan. Findings of Fact are that these conditions are necessary for the property to comply with the provisions of city code, including but not limited to Sections 515.49 Subd. 4 b), 515.05 Subd. 3 a), 515.17, and 520. Planning Commission action is requested. The City Council would consider the Planning Commission's recommendation at its next meeting on October 16, 2007. CONDITIONAL USE PERMIT - PRIVATELY -OWNED COMMUNITY CENTER- 5736 LAKELAND AVE N 6 c- 6014 � � M co O N "' co N cocoCO co co r- cD Lo O cD (D co (D 5716 5717 5708 • 5700 5701 0O N M O N M d O M O O M 0 M 6000 CD d cD CD Co CD Co (D ti N Ln Co O N Ln M LO LO 00 LD (D Ln Co 00 O Lo LO LO CD Co Co 5756 5757 5748 5749 5740 5741 5732 5733 5724 5725 5716 5717 5708 • 5700 5701 cmm 1 mm -m n� ago's c •a. A wlr womm• . . . . . . . . . . . • 5756 5757 5748 5749 5740 5741 5732 5733 5724 5725 5716 5717 5708 5709 5700 5701 On-_...,.. cmm 1 mm -m 5-1 5; 5; 5, 5 5 5 5 5 5 caI�Ir 4� �� �16444IItt Y snN7�4ylgl Ir al�Iln u I u l�9p d�III ue2 ni r I POI" INI II� JI tllNk �Y��. � ca X t �ua4. 61 IIIA �I ` pal , i� II W pw �nll r (4 ti Tit o�t ae �� NXII 1r � a�rr� I. � u' �^, Ip 191 : r6R W + IIP t9y I .,4ui.li8 Y I�>t ' °i��NN' °Ib�`� '"I IINII��ll��ll��l lI,� y » d1111 uasn� "` b I MIR I la�aI�I plIIVI s;,^2 M": �0 "I I dl 11 � " II I �'� L � W � + r I n��y 1 nd n L�dl� � I i 11 N 4u I I ,14 �-•� I I dti �.��� � � p 11 p'} aryl i«111+ 1 il,l r ,1r+ r�I �� nl P ",�. :l W' `;Trsk'' IY.,4 I W 4 . 1 d p1 'I'I 11 G' n 4 R` n u y u ..ulp�dl I, L IV I 1 � i Ill l I I � l � :i�ld II � 1 I�I �� � a J,I� 4 e Ilt7i an 21. E t IIe ht N AI'mill 6 i 11 7i11, �, llN�ij«';i�llllll all I I� II Ill li 41i - l II raw a jV 14A111dl�g hal i I TOM ll�lll�4l ill 570 11 4N;I s a4 f til II tiljjju�, 1,44 CLLRDALE Ay �Wo 1 C.i�dF fl n dMry ryd II I 711, II 0 �1 AI ,, I 1 _lu CT FROM: Henry K. Addy, President/CEO AFM ADDY Enterprise TO: Planning Commission, City of Crystal SUBJECT: Use of space at 5736 Lakeland Ave N, Crystal, Minnesota DATE: 9-14-07 The space located at 5736 Lakeland Ave North, in Crystal Minnesota will be used as a African and Liberian Community Center; this will include community business meetings and receptions, baby naming ceremonies, weddings, and organization town hall meetings. The anticipated hours of use is 10a.m to 12:45 midnight. Staff will leave the building before 2:OOam. This will allow staff enough time to clean the space before leaving the building. Only licensed caterers will be allowed to prepare and serve food on the premises. There will be no sales of any alcoholic beverages. Beer and wine may be served. Beer and wine service will end at 12:00 midnight (One hour less than Minnesota State Law). It should be noted that this business operates less than one mile from a night club. In addition to the above, we have contacted Office Mark Peterson of the Crystal Police '1 Department to have the police department work with us as a security team whenever there is a function at the site that will go beyond 10:00p.m. We have also contacted Mr. Theo Morgan to have his security firm work with us during the evening hours before 10:00p.m. It is within our contract with our customers that they will be responsible to pay for both the security firm and the police department whenever there is a function at the space. All tenants will sign a lease provision, providing that their businesses will be closed during all evening hours of community center operations. We will abide by the Minnesota State Law; and make sure all measures are taken to have a safe community center. Thanks very much for your cooperation. Addy :EO AFM-ADDY Enterprise EXHIBIT C TO: Planning Commission, City of Crystal FROM: H. Kwaku Addy, President/CEO AFM DATE: September 26, 2007 SUBJECT: Who is "KWAKU" About Kwaku I was born unto the union of Mr. Charles K. Addy and Ms. Charlotte B. Mayson in a small West African country called Liberia. I graduated from B. W. Harris Episcopal High School at age 16. I traveled to the United States of America at age 17 and enrolled at the City University of New York. I studied at this university for one semester and later enrolled at the Texas A&M University System in Prairie View, TX. I did my internship in early 1986 at the Philadelphia Electric Company (PECO) and later that same year did another internship with Northern States Power Company (NSP). I graduated in 1987 with a BSc. degree in Mechanical Engineering from PVA&MU. In 1987, I accepted a position with NSP as a mechanical engineer. I worked for NSP for approximately 15 years and took severance from NSP to start my own business. I am a law abiding US citizen. My family and I live in Champlin, Minnesota. My wife is a Christian. I have two daughters; one attends the University of Maryland, studying to become a medical doctor. She graduated from Champlin Park High school with honors. The other attends Hennepin County Community College in Minnesota, studying to become a business woman. She graduated from Champlin Park High School. My son is still in grade school in Minnesota. Community Services I was selected a couple of years ago by Governor Tim Pawlenty to serve on the Governor Urban Initiative Board where he served for two years. I am a member of the United Christian Fellowship Church. I have been a member of said church for over 14 years. I am actively involved in the community assisting African families in their quest to integrate into our community and to enhance their educational and career goals. My work includes: A. providing scholarship to needed student in Liberia B. sending books and other educational material to West Africa C. providing meals on wheels for the elderly and needed D. Provided services the Emergency Foodshelve Network to provide cultural specific foods for the African community in the north suburbs. E. Providing services to assist with TPS and DED just approved by President Bush Opportunity I was told many years ago that America is the great land of opportunity; the land of equality and justice. Those who work hard benefit the fruits of their labor. I have worked hard to put food on my table for children and for families and children in our community. I will make this community center safe for all of the community and my customers. I will work closely with the police department in Crystal and other surrounding communities to ensure everyone's safety. This facility will be kept clean at all times to promote a great image for the city have friends with the immediate neighbors and they have welcomed us to the neighborhood. Please grant my request to have a community center, so that we are allowed to have our weddings, baby naming ceremonies and our time together. Thanks for the opportunity you have given us so far. May the good Lord guide you as you make your individual decisions in granting us the "APPROVAL" to conduct business in Crystal. Y CONCRETE STOOP M/ p I FROST FOOTIND s ® _I 1Dz sty 16i 7E'-0" AFRICAN FOOD MARKET 514 LAKrELAND A'VWJE NORTH GZ STAL, WNNESOTA 55429 ;Aim DUAN CLIRPORATION 6lE ddAC Ib6,-N.?A Mean TE SSM6 ra�pnene nx>a ma A.Q.I. u. cv.ol. vn 1 HEREBY CERTIFY THAT THIS PLAN. SPECIFICATION OR REPORT WAS PREPARED E' ME OR UNDER MY DIRECT SUPERVISION AND THAT 1 AN` A DULY R�GISTZRED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA SIGNATURE NAME FRANK DUAN DATE: 1O/9/2DD6 REGISTRATION NUMBER 26236 FLOOR PLAN, SCHEDULE, CONSTRUCTION NOTES AND ELEVATIONS coMM. ND. 06-15 SCALE 1/6' = )'-0' DATE 10/9/2006 DRAWN OZ CD A2 2 EXHIBIT D a -ted' i n 1x 103 MTX O124 P METAL 57u05 i 1 _ 1 ! 2QDTIF I 123 12S I R 6' METAL SPUDS AT 1 " 0 EXTEND TO STRUCTUREDEC:ABOVE. WITH 5/6' NATER -RES STAN iORi¢ 1W ar, A GYP. W. ON BOTH 59 Es m m 6' METAL SPU[ •I 101 I 1 2 122 122 fXN ;AW11 S I TDF. IOa '' •� � 34'-S" 9 11 �. ... - .- _... A orm !1 109 1) NEW FLOORING SHALL BE CHOSEN BY TENANT a V a a a a 118 6' METAL STUOS m A A 6" METAL STUDS ('TYPICALLY 62 DZ CARPET WITH PADDINC) m Pri1LF 2) COLOR AND PAINT SCHEDULE SHALL BE CHOSEN BY TENANT. a a a 121 q(11B IENANI I ¢ I THE TENANTS FOOD SERVICE EOUIPUENT VENDOR 54'-5" 10'-0" 10'-0" UTILITY cma: 04 AFRICAN FOOD MARKET 514 LAKrELAND A'VWJE NORTH GZ STAL, WNNESOTA 55429 ;Aim DUAN CLIRPORATION 6lE ddAC Ib6,-N.?A Mean TE SSM6 ra�pnene nx>a ma A.Q.I. u. cv.ol. vn 1 HEREBY CERTIFY THAT THIS PLAN. SPECIFICATION OR REPORT WAS PREPARED E' ME OR UNDER MY DIRECT SUPERVISION AND THAT 1 AN` A DULY R�GISTZRED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA SIGNATURE NAME FRANK DUAN DATE: 1O/9/2DD6 REGISTRATION NUMBER 26236 FLOOR PLAN, SCHEDULE, CONSTRUCTION NOTES AND ELEVATIONS coMM. ND. 06-15 SCALE 1/6' = )'-0' DATE 10/9/2006 DRAWN OZ CD A2 2 EXHIBIT D wmgN,s OqIOTA PLAN NOTES: 116 A 1) NEW FLOORING SHALL BE CHOSEN BY TENANT ('TYPICALLY 62 DZ CARPET WITH PADDINC) D 2) COLOR AND PAINT SCHEDULE SHALL BE CHOSEN BY TENANT. 3) ALL EDUIPMENT IN THE GROCERY STORE WILL BE PRDVTDED BY I ¢ I THE TENANTS FOOD SERVICE EOUIPUENT VENDOR r � TENANT TYPICAL I 1 A SIP II3 ,m 0 o S F 110 A 3 81-1. DfEU CASE a — � I .I I A 111 1�TVI� C6 VESTIBME O 112 Y/ - B'-6' B'-1' B' -D" FLOOR IA PN = /6 =1-0 AFRICAN FOOD MARKET 514 LAKrELAND A'VWJE NORTH GZ STAL, WNNESOTA 55429 ;Aim DUAN CLIRPORATION 6lE ddAC Ib6,-N.?A Mean TE SSM6 ra�pnene nx>a ma A.Q.I. u. cv.ol. vn 1 HEREBY CERTIFY THAT THIS PLAN. SPECIFICATION OR REPORT WAS PREPARED E' ME OR UNDER MY DIRECT SUPERVISION AND THAT 1 AN` A DULY R�GISTZRED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA SIGNATURE NAME FRANK DUAN DATE: 1O/9/2DD6 REGISTRATION NUMBER 26236 FLOOR PLAN, SCHEDULE, CONSTRUCTION NOTES AND ELEVATIONS coMM. ND. 06-15 SCALE 1/6' = )'-0' DATE 10/9/2006 DRAWN OZ CD A2 2 EXHIBIT D SCALE ao' - o- EXISTING UTILRY POLE EXISTING TRE EXISTING CURB SET B CK SHRUBALPINE CURRENT PROPERTY LINE TO MATCH Mffi7tCt 10,S.C.. �MT-)s —:.: -- _ — ,e .ca 5 -FOOT SET BACK ®�0 EXISTING LOT — NEW BLACK TOP - J 11 •� � EXISTING STREET LIGHT POLE 6 -we t4lel4saet aad =--- -------------------------------- hr ----- ------ _----=-----= -- hr :5vj- io Aeo-x � e-1 l e4we- NEW BLACKTOP akin-D�,., w.ttc -- - -- NEW CURB BB -12 B' CONCRETE WALK PROPERTY UNE ® c 0 H rn u� x U i 140'-0" f EXISTING ROAD FRECONNECTED TO EXISTING APRON FSHRUB:ALPINE CURRENT EXISTING UTILITY POLE -.®. e s 5 -FOOT SET BAC a 21'- 0" NEW CURB B5-12 EXISTING TREE I Il�� RECONNECT TO EXISTING SITE DRAINAGE c i e 5 -FOOT SET BACK i EXISTING TREE i E a TING STREET LIGHT POLE yg j 30' - 0" �(-11 C-4 i z HRUB:ALPINE CURRENT ' O.C. (TYP.)Ix i `r o W m IO Ic� D_ EXISTING TREE"-{ \-- EXISTING BUILDING-= �..akr-load Am------------------------ SHRUB:ALPINE CURRENT B' O.C. (TYP.) 86-12 �6 0 0 Z F- cn W 110 EXHIBIT E 9,- Tlils Plan Must Be Maintained and Accessibis on the Construction Sft -A MXZM MIMRE DAER M:)T 10' OF L 2 i 2s Ts A TY J 6 V, i 1 121? s i .ILTS cyi-O w w w EXHIBIT F (M rAIFRnM P AVFU"r lo� S D1'()0'5Y W 155.94 OZ !"MR m w4y. 3c sm a ified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder Transaction ID: 310903 Doc # DocType Fee A8974770 ESMT $46.00 Total $46.00 Tendered $46.00 Escrow $0.00 New Certs 2. Construction of Improvements. Grantee shall have the right, at his sole expense, to construct a driveway and a pedestrian walkway in the Easement Areas. Grantee shall not permit any liens or encumbrances to accrue against the Burdened Parcel. 3. Termination. The easements granted hereunder shall terminate upon termination of the Parking Lease. IN WITNESS WHEREOF the undersigned have executed this instr unent the day and date first above written. 2800 LLC .1 STATE OF MINNESOTA ss.. COUNTY OF HENNEPIN The going in ntjas acknowledged before me t 's � day of May, 2007, by % e K the `2,FC�rJ t2 �', �'L of 2800 LLC, a limited liability ompan u er the laws of Minnesota, by and on behalf of said company. 7 Notary Public STATE OF MINNESOTA r,E_ YARED MULATU RIKITU ss.: Notary Public Minnesota I My Commission Expires January 31, 2011 COUNTY OF HENNEPIN t~' +g:l;� The foregoing instrument was acknowledged before me this 7 day of May, 2007, by H. Kwaku Addy, an individual. Notary Public This document drafted by: Kennedy & Graven, Chtd. 470 U.S. Bank Plaza 200 South Sixth St. Minneannlis. MN 55402 310581vl LMW AD155-1 2 -'` YARED MULATU RIKITU Notary Public r` Minnesota My Commission Expires January 31, 2011 ANU NKIUH 1AXC6 t'AIIJ TAXPAYER SERVICES MAY 0 7 2007 NENNEP NOUNTY MINN. EPUTY GRANT OF ACCESS EASEMENTS This Grant of Access Easement entered into this —day of May, 2007, by and — -between-2800--LLC, a Minnesota -limited... company_(`_.`.Grantor") . and_ H. Kwaku_ Addy, an individual ("Grantee"). WHEREAS, Grantor is the owner of certain real property legally described as Lot 1, Block 1, Embers 2nd Addition, Hennepin County, Minnesota (the "Burdened Parcel'); WHEREAS, Grantee is the owner of certain real property located South of the Burdened Parcel legally described as Lot 2, Block 1, Embers 2nd Addition, Hennepin County, Minnesota (the "Benefited Parcel'); WHEREAS, Grantor and Grantee have previously entered into a General Land Lease for Parking, dated April 21, 2007 (the "Lease") whereby Grantor has leased a portion of the Burdened Parcel to Grantee for use as parking for the Benefited Parcel (the "Parking Area"); WHEREAS, Grantee also requires use of two (2) strips of land located on the Burdened Parcelconnecting the Benefited Parcel and Parking Area, as depicted on Exhibit A attached hereto (the "Easement. Areas"), for vehicular access and pedestrian access, respectively, from and to the Parking Area and the Benefited Parcel; WHEREAS, Grantor is willing to grant to Grantee certain access easements as hereinafter set forth, all subject to the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, Grantor and Grantee hereby agree and covenant as follows: 1. Grant of Access Easements. Grantor, as owner of the Burdened Parcel, hereby grants and conveys to Grantee, as owner of and for the benefit of Benefited Parcel, and for use by Grantee, its customers, employees, and invitees, an appurtenant easement for vehicular access and an appurtenant easement for pedestrian access from and to the Benefited Parcel and the Parking Area on, over, and across the Easement Areas. 310581vl LMW AD155-1 1 EXHIBIT H a�e -ki j"L 7777777 r 1 -7- T S 01'DD'5Y W 155.94 oir mom 1-mcr or V". 3v (Enw� K: 41 n� F� 15. Rag Tenant � the offer 16. Noticest'$i registered, i : In the event the Landlord receives a purchase offer from a 3`d party, the siness Days from Landlord's written notice to match the price and terms of n-AtingencieS. Landlord Notice shall be valid by facsimile, or email. Lk dlord and Tenant Notice contact addresses below. Email, facsimile, mail, certified mail are all deemed as Legal Notices to the parties. AGENT FOR L By Pres WIVAMIVIN 2800 22°d, LLC 2025 Nicollet Avenue South Suite 203 Minneapolis, MN 55404 Dir -612-872-6707 Fax -612-872-0728 Tenant Notices: Henry Addy: 11356 Rosemill Lane Champlin, MN 55316 Dir) 763-323-9605 Fax) 763-546-8832 Email: hkwa@aol.com 7. Surrender of Premises. Tenant shall give Landlord possession of the Property when this Lease ends. Tit shall,;leave the Property in as good a condition as it was when the Lease started, with eptrasonable wear and tear. Unless Landlord receives written notice 30 days prior to urinate the lease, landlord at its option may deem Tenant a holdover Tenant on a month -46 -'=it basis: Landlord can give tenant notice to vacate upon 10 days written notice if Tenant's -us', Jed ona�le to other tenants in the Property. Landlord can move Tenant to another ;° . . parking locaUO'n vvttl �n the Property at anytime, or terminate this Lease without cause. 8. Default. If Tenant does not pay the rent when due, or if Tenant violates any covenant in this Lease, Landlord may take immediate possession of the Property. If Tenant does not comply, Landlord may bring an eviction action and the Landlord may rent the Property to another Party. Any rent received by Landlord for re -renting shall be use first to pay Landlord's expenses for re -renting the Property and second to pay any amount Tenant owes under this Lease. Tenant shall be responsible for paying the difference between the amount of rent owed by Tenant, this lease and the amount of rent, if any, received by Landlord from a new tenant plus the expenses paid by the Landlord, including court costs and attorneys fees. Should the Tenant violate any term of this Lease and Landlord does not terminate this Lease or evict Tenant, Landlord may still terminate this Lease and evict Tenant for any other violation of this Lease. 9. Abandoned Personal Property. When Landlord recovers possession of the Property, then Landlord may consider Tenant's personal property on the Property to also have been abandoned. Landlord may then dispose of the personal property in any matter that the Landlord thinks proper. Landlord shall not be liable to Tenant for disposing of the personal property. 10. Rules and Regulations. Tenant agrees to abide by reasonable rules and regulations adopted by landlord from time to time. terms 11. Heirs and Assigns. The terms of this Leaseply of the Tthe enant or Lant and dlord d and any person to Lease also apply to any heirs or legal representatives whom this lease is assigned. 12. Insurance requirement: Tenant shall provide Landlord with Proof of $1,000,000 Liability Insurance prior to possession of the Property and hereby indemnifies the Landlord from any claims resulting from its use of the Property. 13. Contingency: This lease is subject to Landlord review and approval of the City of Crystals Conditional Use Permit granted to the Tenant. If City Conditional Use Permit is not granted by June 115th then this Agreement shall be deemed Null and Void. 14. Improvements: Landlord shall not rresponsible maintenance associated the lor, with the repairs, site -work required by the City of Crystal, snow Any improvements proposed will not commence without written approval by the landlord. Tenant shall provide proof of payment prior to work commencement to Landlords satisfaction. GENERAL LAND LEASE FOR PARKING This is a Land Lease dated April 21, 2007. Itis a Legal Agreement between Henry K. Addy, and the African Food Market & Deli, respectively, with offices located at 11356 Rosemill Lane, Champlin, MN 55316 (Tenant), and 2800 22�-O Street, LLC (Landlord) to rent the Property described herein. The word AGENT F01' LANDLORD as used ifijj is Lease means 2800 22°a Street, LLC with the principal owner and Management office locate at 2025. Avenue South, Suite 203, Mpls, Mn 55404. This Lease is a legal contract that can be enforced in court against the Landlord or the Tenant if either one of them does not comply with this Lease. 1. Description of Property. The Property is located at Northern Half Rear Parking Area of the property located at 5756 Lakeland Avenue North, Crystal, Minnesota 55429.East Lake Street, County of Hennepin, State of Minnesota, further described herewith by attached Exhibit "A" as follows: Total numbered parking spaces; as indicated by the attached; exhibit "A", Property Survey. 2. Term of Lease. This lease is for two (2) years commencing on July I st, 2007, or within 30 days from City Approval of a Conditional Use Permit whichever is earlier, and ending on June 30th, 2008. Landlord has the Right to cancel this Lease with 60 -Day Notice to the Tenant in writing. After the Lease Term ends this agreement shall become a Month -to -Month Lease with sixty (60) Days notice to cancel. 3. Rents a. Amount. The Rent for the property is four Hundred ($ 400) per month for six months (6) months totaling ($2400.00). Six (6) months at ($500) per month totaling ($3000). Six (6) months at ($60 per month totaling ($3600), and the final six months at ($700) per month totaling ($4200). Rent is due in Landlord' office by the 5th day of the month and shall be subject to a 5% late payment penalty payable immediately as additional rent. b. Payment. The rent payment for each month must be paid on or before the first day of Each month at the Landlord's above designated address. Landlord does not have to give notice to Tenant to pay the rent. 4. Quiet Enjoyment. If Tenant pays the rent and complies with all other terms of this lease, Tenant May use Property for the term of this Lease. 5. Right of Entry. Landlord and Landlord's agents may enter the property at reasonable hours to Repair or inspect the Property and perform any work that Landlord decides is necessary. Except in the case of an emergency, Landlord shall give Tenant reasonable notice before entering the Property. 6. Assignment and Subletting. Tenant shall not Assign, Sublet, or Sell it's interest in the Property to any other entity without the prior written consent of the Landlord. If Tenant defaults any of these covenants, Landlord may terminate this Lease immediately. Assignment or sublease made without Landlord's written consent shall not be effective. Tenant must have Landlord's written permission for any changes. ME M ORA N D U M DATE: October 3, 2007 TO: Planning Commission (October 8, 2007 meeting) FROM: John Sutter, City Planner/Assistant Community Development Director C��6� SUBJECT: Public Hearing: Consider Application 2007-10 for a Preliminary Plat of Crystal Park Station (CPRR property west of Douglas Drive). A. BACKGROUND �yfl'M - rtoY' S� The subject property is excess Canadian Pacific Railway property located north of the tracks between Douglas Drive and Idaho Avenue. The property's frontage on Douglas Drive is located directly south of the building at 5225 Douglas, which is not part of the subject property. The approximate dimensions of the property are 100 feet wide and 1,558 feet long. The Canadian Pacific Railway wishes to sell the subject property because it serves no purpose for railroad operations, and has not for decades. The property owner wishes to retain its standard 100 foot wide right-of-way (50 feet on each side of the centerline of the track) and sell the excess property located north of the right-of-way. Because both the right-of-way and the excess property are presently contained within a single parcel of land, the excess property must be platted as a new, separate parcel for the railroad to be able to sell it. The subject property contains three leasehold areas: ■ 14025-A (PID 08-118-21-11-0128), JF Holding Co. (formerly Builder's Insulation) ■ 12693-B (PID 08-118-21-11-0133), Melford Olson Honey, Inc. ■ 10840-G (PID 08-118-21-11-0132), Kmetz, Raymond & Emily The existing uses on the subject property are all considered to be lawfully nonconforming. This means they may continue but may not be expanded or intensified. It also means that site improvements are not permitted if they trigger site plan review requirements described in section 520 of city code. The subject property was guided by the Comprehensive Plan for Parks and Conservation uses until early 2006, when a Special Area Plan was approved guiding the property for limited commercial and industrial uses subject to certain guidelines. However, the property continues to be zoned R-1 Low Density Residential. To take advantage of the Special Area Plan, the subject property would have to be rezoned C- 2, 1-1 or some combination thereof through a planned development process whereby a complete re -working of the site and its uses would be considered. Until such time as such a proposal is submitted, reviewed and approved by the City Council, the subject -� property continues as a lawful nonconforming use. PRELIMINARY PLAT - CRYSTAL PARK STATION (EXCESS CPRR PROPERTY WEST OF DOUGLAS) PAGE 1 OF 3 The name of the proposed plat is Crystal Park Station. The proposed legal description of the excess property to be sold is Lot 1, Block 1, Crystal Park Station. The sole purpose of this proposed plat is to facilitate the sale of the subject property. While this proposed plat does not include any development plans or changes, this application and the resulting property sale are the necessary precursor for any future development in accordance with the Special Area Plan. The following Exhibits are attached: A. Copy of the Special Area Plan adopted by the City Council on February 6, 2007. B. Narrative submitted by the applicant. C. Lease termination for the warehouse D. Neighborhood view aerial photo showing the subject property. E. Larger scale (1":100') aerial photo showing the subject property. F. Land title survey of the subject property. G. Preliminary Plat of Crystal Park Station. H. Final Plat of Crystal Park Station. Prior to Council consideration of the Preliminary Plat, the Planning Commission must hold a public hearing on the matter. Notice of the public hearing was mailed to all property owners within 700 feet on September 27, 2007; and was published in the Star Tribune on September 28, 2007 and the Sun Post on October 4, 2007. At the October 8, 2007 meeting, the Planning Commission will hold the public hearing and make a recommendation for the City Council to consider at its October 16, 2007 meeting. B. STAFF COMMENTS The parcel would be 100 feet wide and contain 152,384 sq. ft. (3.5 acres). The C-2 and 1-1 zoning districts both require at least 100 feet width and 20,000 sq. ft. area. The plat would dedicate the east 40 feet, generally from the centerline of Douglas Drive west to just behind the sidewalk) for public road right-of-way. This is consistent with the requirements of Hennepin County for plats along this road (CSAH 102). Because no development changes are being proposed at this time, infrastructure considerations (access drives, water, sewer, etc.) are not being examined at this time. Those issues would all have to be addressed if/when a detailed development plan is proposed at some point in the future. The south parcel boundary passes through the existing old warehouse building (lease # 14025-A) near the east end of the site. This building will be removed prior to April 1, 2008 in accordance with the lease termination attached as Exhibit C. C. RECOMMENDATION Staff recommends approval of Application 2007-10 for Preliminary Plat entitled "Crystal Park Station". Finding of fact is that the proposed plat would be consistent with the requirements of Crystal City Code. PRELIMINARY PLAT - CRYSTAL PARK STATION (EXCESS CPRR PROPERTY WEST OF DOUGLAS) PAGE 2 OF 3 The Planning Commission is asked to make a recommendation on the request for City Council consideration. The City Council would consider a resolution approving the Preliminary and Final Plat at its regular meeting on October 16, 2007. PRELIMINARY PLAT - CRYSTAL PARK STATION (EXCESS CPRR PROPERTY WEST OF DOUGLAS) PAGE 3 OF 3 RESOLUTION NO. 2006 - CITY OF CRYSTAL A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO ADD A SPECIAL AREA PLAN FOR NONCONFORMING USES LOCATED DIRECTLY NORTH OF THE CANADIAN PACIFIC RAILROAD AND WEST OF DOUGLAS DRIVE BE IT RESOLVED by the City Council of the City of Crystal, as follows: WHEREAS, on May 17, 2005, the City Council initiated an application to amend the Comprehensive Plan; and WHEREAS, said application would add a Special Area Plan for unaddressed Canadian Pacific Railroad property (P.I.D. 08-118-21-13-0001), including the leased portions thereof and improvements thereon, directly north of the Canadian Pacific Railroad tracks and west of Douglas Drive, and WHEREAS, on December 29, 2005, the required Notice of Public Hearing was published; and WHEREAS, on January 9, 2006, the Planning Commission held the required public hearing on the proposed amendment; and WHEREAS, on January 9, 2006, the Planning Commission forwarded the amendment to the City Council with a unanimous recommendation for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CRYSTAL CITY COUNCIL: The Special Area Plan for Nonconforming Uses Located Directly North of the Canadian Pacific Railroad and West of Douglas Drive, as approved by the Planning Commission on January 9, 2006 and attached to this Resolution as Exhibit A, is adopted by reference and incorporated into the Comprehensive Plan as item (2) in section F(3)(e), Special Area Plans; and 2. Figure 7 - Future Land Use Map is amended as follows regarding the unaddressed Canadian Pacific Railroad property (P.I.D. 08-118-21-13-0001) located directly north of the railroad tracks and west of Douglas Drive: a) The east 40 feet shall be shown as part of the Douglas Drive right-of-way. b) That portion located directly south of 5225 Douglas Drive North (P.I.D. 08- 118-21-11-0006), presently classified Parks & Conservation, shall henceforth be classified Community Commercial. c) The remainder, presently classified Parks & Conservation, shall henceforth be classified Industrial. of 5 Page 1 Ex. A 3. Figure 7 - Future Land Use Map is amended so that 5153 Idaho Avenue North (P.I.D. 08-118-21-13-0014), presently classified Parks & Conservation, shall henceforth be classified Low Density Residential. 4. It is the stated intent and policy of the City of Crystal that no plat approval, rezoning, conditional use permit, site plan approval, or other similar city approval shall be granted by the City Council for any structure, use or subdivision of land on the subject property unless it is fully consistent with the Special Area Plan attached as Exhibit A. 5. Absent such approval by the City Council, existing lawful nonconforming uses may continue in their present form and extent subject to the provisions of City Code Section 515.01 Subd. 8 ("Nonconforming Uses"). Adopted by the Crystal City Council this 7th day of February, 2006. ATTEST: Janet Lewis, City Clerk ReNae J. Bowman, Mayor Page 2of5 EXHIBIT A 2. Plan for Nonconforming Uses Directly North of the Canadian Pacific Railroad and West of Douglas Drive. SUBJECT PROPERTY Canadian Pacific Railroad property (P.I.D. 08-118-21-13-0001), including the leased portions thereof and improvements thereon, directly north of the railroad tracks and west of Douglas Drive. The property can generally be described as being approximately 100 feet wide (north to south) and 1,800 feet long (east to west). The property is currently guided for Parks and Conservation in the Comprehensive Plan. The property is currently zoned R-1 Low Density Residential. BACKGROUND Long before Crystal developed into a suburban community, parts of the subject property were leased to various railroad -related facilities and businesses. In the years generally following World War II and especially during the 1950s, the adjacent land north of the subject property was developed for residential purposes. The business and industrial uses have remained, although the non -railroad -related businesses have replaced the original uses, and one business site (formerly Mel -O Honey) was significantly expanded during the latter half of the 20th century. Beginning with the 1993 Comprehensive Plan, the city's land use policy goal has been the eventual elimination of business uses from the subject property and creation of a buffer strip between the railroad tracks and the houses along the south side of 52nd Avenue. The existing uses on the subject properties became lawfully non -conforming uses upon adoption of the 1993 plan. From that point on, the existing uses could continue in their existing form and extent, but could not expand, intensify, or make site improvements; and upon being destroyed (i.e. by fire or wind) could not be rebuilt. A 2004 act of the Legislature made this scenario much less likely, because lawfully non- conforming uses may now be re-established as they currently exist even after being destroyed. This means the city can no longer expect the existing uses to eventually be eliminated by forces of nature or the passage of time. Furthermore the normal process by which site improvements occur, i.e. being triggered by new construction, is prohibited due to the non -conforming status of the current uses. Page 3 of 5 PURPOSE AND APPLICABILITY OF SPECIAL AREA PLAN The City Council adopted this Special Area Plan to establish an alternative approach that would allow for limited expansion of business uses on the subject property while ensuring that necessary site improvements are installed and maintained and impacts on the adjacent residential area are minimized. Compliance with this Special Area Plan is necessary to expand, intensify or change existing uses. Compliance with this Special Area Plan is necessary if the property owner wishes to make site improvements that trigger a special land use application such as a subdivision or plat under Section 505 of city code; rezoning, conditional use permit, or variance under Section 515 of city code; or site plan review application under Section 520 of city code. The alternative approach does not preclude continuation of the status quo. As before, existing lawfully nonconforming uses may continue in their present form and extent subject to the nonconforming use provisions of city code. GUIDELINES FOR EXPANSION OF EXISTING USES OR REDEVELOPMENT OF THE SUBJECT PROPERTY The portion of the existing CPRR-owned parcel to be used for non -railroad purposes shall be platted as a separate parcel from the railroad right-of-way. Of this parcel, which currently extends to the centerline of Douglas Drive, at least the east 40 feet shall be dedicated as public right-of-way for Douglas Drive. 2. The subject property is guided Industrial in the Future Land Use map, except for the eastern end which is guided Community Commercial. If multiple uses are proposed for the property, then upon rezoning the boundary between the C-2 Community Commercial and I-1 Light Industrial districts shall generally reflect the boundary shown in the Future Land Use map, with some reasonable variation granted at the discretion of the Council. 3. If parts of the new parcel are to be owned by separate businesses as quasi -private properties in a manner similar to the status quo, then the new parcel must be platted and rezoned into a planned development (PD) overlayed on the C-2 Community Commercial and I-1 Light Industrial zoning districts. Each quasi - private property shall be clearly defined as a parcel on the plat, plus common property containing access drives, landscape areas, drainage facilities, utilities, and similar improvements. The planned development must also include provisions for an association of the private owners to collectively own and maintain the common property. 4. Any expansion of existing uses or redevelopment of the subject property shall be compatible with adjacent land uses, including but not limited to issues of traffic, parking, noise, hours of operation, buffering, screening, impervious coverage, building size, form and materials. The City Council may deny such expansion or redevelopment if it determines that the expansion or redevelopment is incompatible with adjacent land uses. Page 4 of 5 5. Due to access limitations and the embedded nature of the site, customer -intensive commercial uses such as retail or medical office may not be appropriate unless they are located on the eastern end of the site with direct visibility and clear access to Douglas Drive. 6. The Zoning Ordinance and Comprehensive Plan limit automobile -related businesses and similar uses to certain designated corridors within the city. The subject property is not within one of these corridors. Therefore the following uses are not permitted on the subject property: car washes and detailing shops; fueling stations; motor/recreational vehicle repair; motor/recreational vehicle sales, leasing or rental. 7. All of the normally applicable standards, requirements and regulations shall apply, including but not limited to city code sections 505 (subdivision regulations), 515.13 (performance standards), 515.17 (parking), 515.49 (C-2 district regulations), 515.53 (I-1 district regulations), 515.57 (PD district regulations), 520 (site and building plan review), and 530 (stormwater management). 8. Variances from normally applicable dimensional requirements, such as setbacks, may be appropriate due to the narrow width of the site, its odd configuration, and its odd history, provided the three-part undue hardship test found in city code 515.05 Subd. 2 a) can be met. 9. No building's height shall exceed any of the following: 3 stories, 40 feet, or the building's setback from the east, west or north boundaries of the property. 10. Vehicular access shall only occur directly to and from Douglas Drive. No application shall be approved with access at Idaho Avenue. 11. Due to the long, narrow, isolated and embedded character of the site, adequate lighting of access drives and similar areas must be provided to protect public safety. 12. Due to the long, narrow, isolated and embedded character of the site, adequate fire protection is essential to protect public safety. 13. The City reserves the right to deny any application for expansion of existing uses or redevelopment of the subject property that it determines to be incompatible with these guidelines or any other part of the Comprehensive Plan. The City Council also reserves the right to impose conditions of approval for any such application that it determines to be necessary to ensure compatibility with these guidelines or any other part of the Comprehensive Plan. Page 5 of 5 Future Land Use Map - Current Comp Plan: Proposed Changes to Future Land Use Map: Land Use' Glasses: LOW DENSITY RESIDENTIAL MEDIUM DENSITY RESIDENTIAL HIGH DENSITY RESIDENTIAL NEIGHBORHOOD COMMERCIAL COMMUNITY COMMERCIAL MIXED USE TOWN CENTER MIXED USE W. BR OADWAYtHWY 81 f`1 INDUSTR IAL CRYSTAL AIRPORT PARK&CONSER`dATION HIGHWAY 100 PROJECT RAIL RIGHT OF 'WAY P'P C l.p t 9 � D � Q S� - 6, � r September 4, 2007 Real Estate Suite 804 Fax (612) 904-6147 501 Marquette Avenue South Minneapolis Minnesoto 55402 Mr. John Sutter City Planner/Assistant Community Development Director City of Crystal, 4141 Douglas Drive North Crystal, MN 55422 Dear Mr. Sutter: The railroad is asking the City of Crystal, MN to approve a tax parcel division so that the railroad may split off and sell the non-operating right of way portion of its parcel and retain its 100 ft. wide operating right of way as shown in the survey. Currently there are three leases, with three separate tax parcel numbers, that are all tied together as one large parcel. ' The lease, tenants, andtaX ID's are follows. Lease 10840-G- Kmetz, Raymond & Emily — Tax ID 08-118-21-11-0128 Lease 14025-A- JF Holding Co. — Tax ID 08-118-21-11-0132 Lease 12693 B — Melford Olson Honey, Inc. — Tax ID 08-118-21-11-0133 Thank You, in advance for granting the railroad permission to do the parcel division and authorizing the County to do this. Sincerely, X;9� . 0#� Eric R. Holm Area Manager, Real Estate Marketing, U.S. - - - - - 501 Marquette Avenue South Suite 804 Minneapolis, MN 55402 Phone — 612-904-6141 Fax — 612-904-6147 eric—holm@cpr. ca Fa0 B c CERTIFIED MAIM — RETURN RECEIPT REQUESTED NOTICE OF TERMINATION OF LEASE NUMBER 31257-02 August 29, 2007 Mr. Joe Friberg, Owner Builders Insulation Company 416 Turn Pike Road Golden Valley, MN 55416 Dear Mr. Friberg: With respect to our conversation today regarding Lease number 14025A-01 dated April 1, 1963 covering an insulation storage warehouse upon railroad property at Crystal, MN. Section paragraph 13 of the Lease provides that the agreement may be terminated by the railroad upon 30 days advance notice. Pursuant to. said section paragraph .13, this letter is the railroad's notice to you of its decision to terminate the Lease effective April 1, 2008. You are hereby requested to remove all improvements now located upon the railroad's property pursuant to the terms of said Lease number 14025A-01. This notice of termination pertains to your right to use the railroad's property pursuant to Lease number 14025A-01 and your obligation to pay rent after April 1, 2008, provided that all of your personal property and improvements are removed prior to that date. Termination shall not be construed to release you from: a. any liability or obligation under the Lease, including, without limitation, any indemnification obligation or any liability or obligation with regard to the environmental condition of the railroad's property, known or unknown, whether arising in the past, the present, or the future, existing and- contingent, including, without limitation, any liability for the release of any hazardous substance, pollutant or contaminant; b. obligations to remove personal property and improvements from the railroad's property covered by Lease number 14025A-01 and to restore said property to a condition acceptable to the railroad; c. obligations to pay rent and taxes for any period of time during which personal property or improvements remain on the subject property, or during that use of the property continues, notwithstanding the expiration of the effective date of termination, April, 1, 2008. Fy,o C CANADIAN PACIFIC RAILWAY d. obligations to pay applicable property taxes from and after the termination date. This may mean paying all the taxes due in 2008 and next year if the taxes are attributable exclusively to the existence of the Lease upon the railroad's property. Dated at Minneapolis, Minnesota this2q� day of , 20c7 . SOO LINE RAILROAD COMPANY doing business as Canadian Pacific Railway sy Director, Real Estate Marketing, U.S. Payments and request for information regarding this matter should be directed to: Eric R. Holm Area Manager, Real Estate Marketing Canadian Pacific Railway 501 Marquette Ave S. Suite 804 Minneapolis, MN 55402 Phone: (612) 904-6141 Fax: (612) 904-6147 Email: eric holm@cpr.ca CANADIAN PACIFIC RAILWAY Hennepin County Property Map Print Page 1 of 1 Hennepin County Property Map - Tax Year: 2007 The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. Selected Parcel Data I' Parcel ID: 08-118-21-13-9000 Owner Name: j Parcel Address: Property Type: Homestead: Area (sgft): 421569 Area (acres): 9.68 A -T -B: ABSTRACT Market Total: `i Tax Total: J5 Date Printed: 10/3/2007 12:51:14 PM Current Parcel Date: 09/4/2007 Sale Price: �s Sale Date: i Sale Code: ' '! ec. D http://gis.co.hennepin.mn.us/HCPropertyMap/Locator.aspx?PID=0811821110057 10/03/2007 Scale: 1 inch= 100.0 feet (e) Copinght 2006, Pictometry Intern II r:T I .' I PN:6&11611..amt sdNDA t N0. DATE DESCRIPTION 1� VD AVFJ1wEPERET i'40 %D:OB'I1B-Zi-11�DP`1ENDEN L�yp16EN License No. 12115: A gas line license offects the property at Survey station 384+17 and sass. the property in a north and south 399+66: License 15288 O GAS METER 100 feet in width north and south d 1600 feel in length east and .eel lying on the northerly side of and wil inbg the right—of—way of Z 400+04: End License 14486-8 (West Iine of r,Broad Right—of-way) MARKED WITH LICENSE NO. 44123 LU the Mi ...poll,and Rodway Company. Said strip of land comment ng at the sari line of said S.cti n 8 and extending weal 1600 License No. 29841: A Iine license the Ne J� ® HAND HOLE 3 offects property Ian north Iine of the 1 ham Surae talion 391+18 to 394+93. The width of said licenaesis not defined.' Prop y a g proper y y a > 34j I W� � I GUARD POST Parcel 2 (PER DEED PROVIDED BY CLIENT) Lican.e No. 15288: A pole and anchor enor ... hment license affect. the property at Station 399+66. The dim—ions, of said license h not GRAVEL SURFACE SIGN This m m certify that AC mop « pmt d M ry tl which e I. based veer$ d n ccar,7S I .thin Mind in StandardsDetail 1. Land S rwybl pinny rohed and ALTA and NPS in 2005, and Items i, 2, 3, 7menb far ALTA/10. at 6j o -do re7. restrictions are determined by use and structure and lot size. Contact the City of crystal r« alta spec'fc regz ramenta. specific + ELECTRIC SIGN Bounded by Iine. described os, fail...: Beginning at a point on the north Ilea of the south Half of the Northeast Quarter of section 8. Township 118, Range 21, ie de by the Int....clion the License No. 19409: A license f« 2 anchor pale a «oachmanta affect the property at Douglas Dr— Said It .... is defined only by an effect the date of this certification, undersigned further —tifies that n my w,fe..I—I .Pinion, as a Land Surveyor licensed in the HANDICAPPED PARKING SIGN which palm .f north fine of Rlght—of—way of The Moreopalis and PociOc Railway Company with the north line of .aid South Half f sold Northeast Quarter, and running from thence West on aid nor line of sold South V V _.___6D._..,_ ib -___ aHlr I (/ELIC RI VAI, OF� N —NORTH LINE OF 1HE SOUIHNESF WARIER , THE NORMEAST (WARIEREN pA9VAlE RO 1Y IgA 5a PER ); , BY CIJENT 1 �— DOLY/MFN thence easterly along the said north Iine of said Right—of—way totheplace of beginning. clang i and south directive along Douglas Drive. Ther width of said license is of def etl." not defined.- Side street: 10 feet. 20 feet if garage ie facing side sheet (see City Code for—pllons) Rear: 30 feet (see City Code for exception,) 9w WELL -NOTES; - - - Doc. No.: 4396623: A deed may convey a portion of the property deseribed hereon to the County of Hennepin. Survey« recommends that II r:T I .' I PN:6&11611..amt sdNDA - I �� e 'LW!�Y OAD COMPANY) _« �/� _ ' C' !v` y COMPANY) 7E. MARIE RAI _ PANY) _ I 1 1 I -- r^`; IAN PAC AND �AGFIC RAIL PAUL _& A� UL7 5�'�' cC.O LINE RAILROAD 1 ^ JCANAD AKA MINNEAPOLIS MINN�pP4�15_ _ (AKA ( Awl F -rH _ LAc No sT p �j ST r'A P�NsrjBLINN oo FEET QniIH 8 � 4 —_ -- .�-- �� $+ THE EA E —r �}L T pL-ACE NOR O r -a R 1 I LEGEND -� SURVEY ITEMS PER DOCUMENTS PROVIDED , o MANHOLE -ALTA/ACSMLAND TITLE SURVEY Priwte Rood.oyEosemwt dated February 141h, 195& An easement for privet, roadway purposej affects the property a, shown hereon. A h UTILITY POLE portion of said easem.nt N the vicinity of Idaho Avenue has been dedicated to the public as Sao Line Placa.- FOR: MEL -0 -HONEY Licence Na. 1tation : A electric, line license /e eleven ave hong en w t meets affect the prapuTy along the north If., of the property POWER POLE WITH LIGHT from Survey station 384+37 to 400+04. The width of said heen.e sr not defines.• ® ELEC. METER ZEGAL DES / T Pared 1 (PER DEED PROVIDED BY CLIENT) t N0. DATE DESCRIPTION 1� VD AVFJ1wEPERET i'40 %D:OB'I1B-Zi-11�DP`1ENDEN L�yp16EN License No. 12115: A gas line license offects the property at Survey station 384+17 and sass. the property in a north and south 399+66: License 15288 OWNER, WN GAS METER 100 feet in width north and south d 1600 feel in length east and .eel lying on the northerly side of and wil inbg the right—of—way of direction along Douglas Drive. The width of sold license is not defined.• 400+04: End License 14486-8 (West Iine of r,Broad Right—of-way) - I �� e 'LW!�Y OAD COMPANY) _« �/� _ ' C' !v` y COMPANY) 7E. MARIE RAI _ PANY) _ I 1 1 I -- r^`; IAN PAC AND �AGFIC RAIL PAUL _& A� UL7 5�'�' cC.O LINE RAILROAD 1 ^ JCANAD AKA MINNEAPOLIS MINN�pP4�15_ _ (AKA ( Awl F -rH _ LAc No sT p �j ST r'A P�NsrjBLINN oo FEET QniIH 8 � 4 —_ -- .�-- �� $+ THE EA E —r �}L T pL-ACE NOR O r -a R 1 I LEGEND -� SURVEY ITEMS PER DOCUMENTS PROVIDED , o MANHOLE -ALTA/ACSMLAND TITLE SURVEY Priwte Rood.oyEosemwt dated February 141h, 195& An easement for privet, roadway purposej affects the property a, shown hereon. A h UTILITY POLE portion of said easem.nt N the vicinity of Idaho Avenue has been dedicated to the public as Sao Line Placa.- FOR: MEL -0 -HONEY Licence Na. 1tation : A electric, line license /e eleven ave hong en w t meets affect the prapuTy along the north If., of the property POWER POLE WITH LIGHT from Survey station 384+37 to 400+04. The width of said heen.e sr not defines.• ® ELEC. METER ZEGAL DES / T Pared 1 (PER DEED PROVIDED BY CLIENT) Uceose No. 22049: A gas line llcense affects the property along the north Iine of the properly from Survey ataHon 384+17 to 391+18. Said license extends southerly oao.s the property at sold Station 391+18. The width of said license la not defined.- N0. DATE DESCRIPTION t— GUY WIRE LIGHT All that part of the North Half of the Northeast 0u..ter of Section B, Township 118, Range 21, that lies within the limit, of a strip of land License No. 12115: A gas line license offects the property at Survey station 384+17 and sass. the property in a north and south 399+66: License 15288 O GAS METER 100 feet in width north and south d 1600 feel in length east and .eel lying on the northerly side of and wil inbg the right—of—way of direction along Douglas Drive. The width of sold license is not defined.• 400+04: End License 14486-8 (West Iine of r,Broad Right—of-way) MARKED WITH LICENSE NO. 44123 SURFACE the Mi ...poll,and Rodway Company. Said strip of land comment ng at the sari line of said S.cti n 8 and extending weal 1600 License No. 29841: A Iine license the Ne N ® HAND HOLE raPacifi feet, d the id Sway company agrees to loy a de track and build d maintain o Station lar Its Away on the be. described land as a part consideration therefor. offects property Ian north Iine of the 1 ham Surae talion 391+18 to 394+93. The width of said licenaesis not defined.' Prop y a g proper y y a CERTIFICATION • GUARD POST Parcel 2 (PER DEED PROVIDED BY CLIENT) Lican.e No. 15288: A pole and anchor enor ... hment license affect. the property at Station 399+66. The dim—ions, of said license h not GRAVEL SURFACE SIGN This m m certify that AC mop « pmt d M ry tl which e I. based veer$ d n ccar,7S I .thin Mind in StandardsDetail 1. Land S rwybl pinny rohed and ALTA and NPS in 2005, and Items i, 2, 3, 7menb far ALTA/10. defined.• re7. restrictions are determined by use and structure and lot size. Contact the City of crystal r« alta spec'fc regz ramenta. specific + ELECTRIC SIGN Bounded by Iine. described os, fail...: Beginning at a point on the north Ilea of the south Half of the Northeast Quarter of section 8. Township 118, Range 21, ie de by the Int....clion the License No. 19409: A license f« 2 anchor pale a «oachmanta affect the property at Douglas Dr— Said It .... is defined only by an effect the date of this certification, undersigned further —tifies that n my w,fe..I—I .Pinion, as a Land Surveyor licensed in the HANDICAPPED PARKING SIGN which palm .f north fine of Rlght—of—way of The Moreopalis and PociOc Railway Company with the north line of .aid South Half f sold Northeast Quarter, and running from thence West on aid nor line of sold South exhibit, and the approximate location of said sneroochment is .horn hereon.- is speciRatl therein. Front: 30 feet (see City Code far ....ptkse) Hat of said Northeast Quarte, 48 rod,; trends South 6 rods maror lase to the north Iine of the Right—ofiway of said Rodway Company, underground wee oasM license offects the ran at station ]8:+38 and crosses the property in a north Ucense Na. 2ectio Side: 5 feet (see Gty Code far a ceptions) HANDICAPPED PARKING thence easterly along the said north Iine of said Right—of—way totheplace of beginning. clang i and south directive along Douglas Drive. Ther width of said license is of def etl." not defined.- Side street: 10 feet. 20 feet if garage ie facing side sheet (see City Code for—pllons) Rear: 30 feet (see City Code for exception,) 9w WELL -NOTES; - - - Doc. No.: 4396623: A deed may convey a portion of the property deseribed hereon to the County of Hennepin. Survey« recommends that Height: 2 stale, or 32 feet whichever ro lead (see City Code for exceptions) FPO FENCE POST I. Th onent.fi— of this bearing ,yet— I. b...d an the Hennepin County Cowdin.te Gid (NAD 83-96 Ado t t). a title opMiw be obtained reg«tling whether or not said document affects the properly described hereon. 0 30 60 90 STA 400+ RAILROAD STATION -No public recording inf«matron was pravked to the surveyor. Dale of survey. November 13, 20pfi is this ar original copy. Anything other than an 2. The s total area of the Property desrnbed hereon is 157,059 sq. ft. « 361 aces. 3,324 ago ft. « 0.08 ad n ..mtalnetl within Doti lea DNw. :SURVEY STATION SUMMARY yR' RAILROAD SEMAPHORE .. SCALE IN FEET soh( RAILROAD STOP ARM 3. The legal description and eo and information used in the preparation of this survey is based on document. v,Aded or known to the rveyar. See 'SURVEY ITEMS PER DOCUMENTS PROVIDED' for detail, an .aid document, Title work was not furnished to Egon. field & Station 384+17: Begin License 22409. License 12115 384+37: Begin License 14486-8 (Westerly Right—of—way line of Dwglo, Drive, 33 feet lam eaat line of Section 8(1962)) • FOUND IRON MONUMENT the kffiw. —yo,no noarslbeity n y th/s OVERHEAD WIRE Nowak, Inc far the prep ... tian of this .urwy to verify ownership, the legal di—1ptiw, w the existence of any easwnwt, w 364+38: License 23102 9. Railroad right—of—way m shown hereon is per legal description and railroad maps provided to lha surveyor. encumbrances. ELAN 391+18: End License 22409, Begin License 29841 394+18: End License 298410 N0. DATE DESCRIPTION —•—OR---OR—a— FENCE VICINITY MAP 4. Existing utilities, services, and underground structure shown hereon were 1—ted either physically, from existing record. made ova0abls 399+66: License 15288 DEN07E5 IRON MONUMENT - ';e' PARKING COUNT to . or by r-.,tt testimony. Other alrB.. and services may be present. Verinwtiw and location of all utilities end services should be obtained from the owner of the respective utilities prior to any design, planning « .....liar. 400+04: End License 14486-8 (West Iine of r,Broad Right—of-way) MARKED WITH LICENSE NO. 44123 SURFACE NOT TO SCALE S. The property described hereon Ile within Flood Zone X per Federal Insurance Rafe Map No. 27053CO211E, doted September 2, 2004. Railroad .mmn ting as shown n«eon is per ronrooa maps pr.wdea to Lia .—y-0 BITUMINOUS I CONCRETE SURFACE _ CERTIFICATION 6. As of the date of this survey, the wrveyed property contain, 3 regular striped parking $taus and 1 hondirnppe, parking eau. GRAVEL SURFACE g setbc:k regulremanta and According to the City of Crystal nosing Map, Me property Is, zoned R-1 (Low density residential).fBit.sp This m m certify that AC mop « pmt d M ry tl which e I. based veer$ d n ccar,7S I .thin Mind in StandardsDetail 1. Land S rwybl pinny rohed and ALTA and NPS in 2005, and Items i, 2, 3, 7menb far ALTA/10. re7. restrictions are determined by use and structure and lot size. Contact the City of crystal r« alta spec'fc regz ramenta. specific 4, 7. I d 1 d, 8, 7�a), 7(Di) 8, 9, 10. 11(a) and 13 of Table A thereof. Pursuant to the Accuracy Sf.ndartls as adopted by ALTA and NSPS and in of. P theadopted ra TA and _ RAILROAD TRACKS R-1 zoning requirements (general requirement, f« single family residence per City Code obtained online): effect the date of this certification, undersigned further —tifies that n my w,fe..I—I .Pinion, as a Land Surveyor licensed in the Budding setback: State of Mmneaota, Ma Relative Positional Acwracy of this survey does not exceed that whish is speciRatl therein. Front: 30 feet (see City Code far ....ptkse) Side: 5 feet (see Gty Code far a ceptions) Side street: 10 feet. 20 feet if garage ie facing side sheet (see City Code for—pllons) Rear: 30 feet (see City Code for exception,) Brent R. Peters Minnesota License No. 44123 Height: 2 stale, or 32 feet whichever ro lead (see City Code for exceptions) FAR: Depends o, size of yard (see City Code) Only If the Surveyor's sign ture or sfanp is in RED Dale of survey. November 13, 20pfi is this ar original copy. Anything other than an 8. Apporemt gaps and ovedaps as shown here. aria from a difference between monumented boundaries and desafb,d bwndorie,. original copyay confovi vnovfhorizad afterotions to mo1 Survey. recommend, that a title opinion be obtained regarding the property —rd hereon. the kffiw. —yo,no noarslbeity n y th/s 9. Railroad right—of—way m shown hereon is per legal description and railroad maps provided to lha surveyor. IELDBOOK PAGE 2634 35 FIELDWORK CHIEF: REVISIONS SURVEY FOR: PROPERTY LOCATION: FIELD Sc NOWAK INC A BB N0. DATE DESCRIPTION ALTAIACSM LAND TITLE SURVEY MEL -0 HONEY, INC. IN THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 118, RANGE 21 HENNEPIN COUNTY, MINNESOTA 9 y y ' "Surveyors Since 1872" 7415 Wayzata Blvd, Minneapolis, Minnesota 55426 PHONE: (952) .EFN 37 FAX_ CO 546-6839 WWW.EFNSURVEY-COM COPYRIGHT® 2006 By ELAN. FIELD & NOWAX, INC. SHEET 1 OF DRAWN BY: Pu DRAWING NAME: 32894 -ALTA — CHECKED BRP .JOB NO. 32894 FILE NO. 1731 _ A C I V I Ll �7 1 ♦ �x 1/ !-T ,V V1 J I 'T:0&t,VENUE NORTN t?t_at1 flD:o�1f�21-nom tpS ORNEtmRTK Ap00.E56: `� H F RIBERO 3M1 OWNFA:JO6EP -. . o ' ,'\ PA'`_— j `moi %259..5/.:/ / — — — — — ` _ . ,r BLAMED RAILROAD TRACKS C ... ,.�--—,L—'p — -SOUTH LME OF ]NE NORTH HALF — / - — — — — — ti — --— — — — OF THE NORTHEAST WARIER j$70.64,,,=. -J. -: - .. = — — MP N� - — —— •----' A� �- 66 : S82'36r40w Al D C TRADKs� I _ PACIFIC RAILWAY COMPT N M _ LROAD > _ DIAN aFlc I — E AR E RAILROAD lie PA BURIED r BURrtD . , r _ ,.:;-.�— '�T„� A AND SAUL7 5 O �� l CAN (KA AIKAEMINNEAPOLIS,L�E RAILROAD PAUL CO PANT) A M �_� ( (AKA S00 — 5�_ 00fRTH �- LEGEND SURVEY ITEMS PER DOCUMENTS PROVIDED ALTA/ACSM LAND TITLE SURVEY Private Roadway Easement dated February 14th, 1958: M easement for prlwte roadway pu poses affects the property, as shown hereon. A 0 MANHOLE Portion of said easement in the vicinity of Idaho Avenue has been dedicated to the public as S« Line Place.• 0 UTILITY POLE FOR: MEL -0 -HONEY License No. 16486-8: A electric line ke„ae nor *lawn o thong en «mm.nta arrect the prop* ly along the nwtn Ina of tna property POWER POLE WITH LIGHT boar sarwy station 384+37 In aoo+oa. The wiotn of sold 9eena.r not de, ® ELEC. METER LEGAL DESCRIPTION: L'a*nlie No. 22049: A gas yme Ho...e ffect, the property along the north line of the property from Survey station 384+17 to 391+18. — GUY WIRE Porch f (PER DEED PROVIDED 8Y CLIENT) Said license extends southerly across the property at sear Station 397+18 The wlAIn f d I' All that part id the North Half of the Northeast Quarter of Section 8, Township Range that Ilea within the limits of a strip of land the feet o sal ss a not dented. License Na. 12115: A gas line license affects the properly °t Surae y .lotion 384+17 end crosses the property In a north and ® DENOTES IRON MONUMENT %E LIGHT a width north r, south and 1600 feet m length east and weal lying on the northerly ride of and odpaining Me r(ghl—ot—way of n t erl fee Minneapolis and Rales Said south direction long Dauglos Drive. The wiolh o/ said license is not dennetl.• MARKED WITH LICENSE NO. 44)23 ';ef D GAS METER strip of Ionil cd b,fld In at the east line of said Section 8 red extending west 1600 ny agree, ,, y t feel. and the said ra9way aompany agrees t° toy ° side back and bu9d d maintain a Station for Its railway on the above d—ibed land No. 29841: A gee line Ilcenaa aNecta the properly Bang the north line of Ma boar ® HAND HOLE as a part consideration therefor. property Survey station 391+18 to 394+9}, Th. I The widN of said license is not ser ed.• N �._-:.J CONCRETE SURFACE Parch 2 (PER DEED PROVIDED BY CLIENT)o. ENT) License N 75288: A pole and chor ar«chmmt license affects the property Station 399+68. Th anchor y ae dimensions v/ aoitl Ilcanas la • GUARD POST Bounden by linea ed as 1 Beginning a point the north line the South Halla the Northeast Ouster of Section 8. Township deFlnad.• net = SIGN ELECTRIC 9_21. p.,.t the ti 118, Range 21, which point ie made by the intersection -I the north line of Right—of—way of The Minneapo�la and Poeiric fta9wey line Canpany with the north line of said South Holt License No. 19409: A license for 2 anchor pales oachmenla afiecl the property at Douglas Drbe. Said license is defined only by « F� x-�..� J SIGN of eaid Northeast Quarter, and running from thence West on said n 11, $In, of aoitl South Hair or said Quarter 48 rods; thence south 6 ezhibiL and the approximate location of said eneroachmonl la shown hereon.• HANDICAPPED PARKING: SIGN rods mw w lea. to the north line of the Right—of—way o, said R-a.ay Company, easterly along (hence easterly dung the said north fine -1 aoitl Right—of—way to the place of beginning. Ucensa No. 23102: An undergr«na wire crossing Hearse eases the a cram at station }tor+36 «d crosses Ina proper y property io a north S HANDICAPPED PARKING -.NOTES �. ':, - _ and south direction anon D« g 91a. Dr,ve. The width of said license is not defined. - Ow WELL .. Doe. No: 4396623: A deed may conwy a portion of the property described hereon to the County of Hennepin. Surveyor recommends that t,0° ' 1. Thorientation of thisb wing systemb ed on the Hennepin County Co dint. Gid (NAD 83-96 Adip.tmenf). ° °pinion be obtamed regarding whether or not said document affect, the properly d— ed hereon O 30 0 FENCE POST property 2. The total orev of the t described hereon is 157059 sq. fl or 3.61 acres, 3,324 sq. ft or 0,08 awn Is contained •No Public recording information was pra4d°d to the surveyor. 6O 9O STA 400+04 RAILROAD STATION D«yaa Driw. within SURVEY STATION SUMMARY( 'a thi. on -9knOl c«y Anythh q other than on Son. a legal description and easement Information used m the preparation of this survey is based on document. provided w ton.— to the Station 384+17: Begin License 22409, License 12115 SCALE IN FEET RAILROAD SEMAPHORE y. I See SURVEY ITEMS said document*. Tilts wank was not furnished t° Egan, Field & DOCUMENTS oor Nowak. Inc liar the t this 384+37: Begin U..... 14486-8 (Westerly Right—of—way line of Douglas Driw, 33 feet torn tin. saJ.( RAILROAD STOP ARM n .R *TSverifyPROVIDED” ne hip.dett 1 preparation y to verify ownership, the legal description. a the e-1 since of any easements or cu branc•s 4 Existing utilities sera and d d soot of Section 8(1962)) 384+38: License 23102 391+18: End Licence 22409, Begin License 29841 394+18: End License 29841 • FOUND IRON MONUMENT W �--ORS—ORS-- OVERHEAD WIRE FENCE ergroan .tra<lar.. anawn Hereon were located e,tner pnyemany, barn existing ,xcorda masa aweame to ui or by resident testimony. Other mi6Nea and .vete.. rn^y be preaem. verlRaml« ane I«otiom 399+66: License 15288 ® DENOTES IRON MONUMENT VICINITY or all u6RNea anal services shodd be t obtained boar the own.ra of !ne r..pea7w, atnlues Priw to a y design, planning or ... a Uao. aoD+oa: End License 16486-8 (West 9th. or roar«a Rlgnt—m—way) MARKED WITH LICENSE NO. 44)23 ';ef PARKING COUNT MAP 5. Tha propery ereon t described hlie. within Flood Zone % per Federal Inawan°e Rale Map No. 27053CO211E, dated September 2, 2004. Roilroad stationing as shown hereon is per r1—al mops provides to the surwyw. BITUMINOUS SURFACE - NOT TO SCALE 6. Aa o/ the dale of this survey. the .—yd properoking property contains 3 regular striped pstalls and 1 handicapped parking stall. �._-:.J CONCRETE SURFACE ' fe AImr- the City of end Zoning Mop, the is zoned Building iback requirements and (Low density resrtleIt. GRAVEL SURFACE eta ti lot -I.. aMctiona determined by use and atmclure and lot six . Contact the Gly of Gyelol for site spaeifk requlreman ts. he s, R-1 zoning reque mems (general requkements far single family residence per City Code obtained -mine): 8u9dng setback: F� x-�..� J RAILROAD TRACKS Front: 30 feet (see Gly Code far exception.) Side: 5 feet (see City Code far exceptions) Side .[reel: 10 feet. 20 feet if garage Is toeing side street (see City Coda for ezceptlons) R-30 feet (see City Cade for exceptions) Height: 2 start.. or 32 feet whicn•wr la I... (see City Code iw exception.) ' FAR: Depends on size of yard (,so City Code) Dilly i/ the Surveyors signator* a stomp is h RED . Apparent gape and as shown hereon .nee from difference between mon monletl b«ndoriea Ind described b«ndvries. 'a thi. on -9knOl c«y Anythh q other than on that - t Surveyor recommends that o title °pinion ba Obtained regarding the property surveyetl°hereon. Ongmd copy may can toxo fhor/zed deerotions to the fie S. light—of—way as shown hereon is per I.gm al—iption and railroad map. provided to the surveyor. raPAGE °rrginai. .arwyx>r «cepb no resPonsibdlfy ra than—wroMm orioles or tni. aocarent. IELD BOOK CHIEFWORK REVISIONS 2634 35 m„ — SURVEY FOR: PROPERTY ADD JOB FILE �I REss. EGAN, FIELD, & NOWAK, INC. ALTA/ACS M LAND IN THE NORTHEAST QUARTER OF "Surveyors Since 1872" TITLE SURVEY MEL -O HONEY, INC. SECTION 8, TOWNSHIP 118, RANGE 21 7415 Wayzata Blvd, Minneapolis, Minnesota 55426 HENNEPIN COUNTY, MINNESOTA PHONE: (952) 546-6837 FAX: (952) 546-6839 WWW.EFNSURVEY.COM COPYRIGHT® 2006 By EGAN, FIELD & NOWAK, INC. SHEET 2 OF 2 �`-NOR7H UNE - - I I I `-APCf6NT 1t�RUNE gn 8 — —� THE 0 30 60 _910 SCALE IN FEET • FOUND IRON MONUMENT • DENOTES IRON MONUMENT MARKED WI7H LICENSE NO. 44123 PRELIMINARY PLAT OF. CRYSTAL PARK STATION LEGAL DESCRIPT/ON: _, Parcel 1 (PER D® PROVIDED BY CLIENT) AH that part o/ the North Half of the Northeast Ouort. of Section B. Township 118, Range 21, that Ilm withl. the IMits o/ a strip of land 100 feet In rfdth north and sauN and 1800 feel N length met and veal lying on the northerly side of and adjolntrp Ne Nghl-of-way of Ne MInneopd4 and PaelOe Rahway Campony. Sart sisals ofrockland ona hood aha omaMealpals Station fords railwatan y on onthe bovengdeacib"0and font, d Ihsmsold railway pony agreed W y o e w a y of a a part Idwatlan enfar. Parcel 2 (PER DEED PROVIDED BY CLIENT) Bounded by lines desorlhed as follows Beginning of o point an the north line of the South Half of the Northeast Quarter of Section B. Taanehip 118, Ronge 21, whlM paint h made by the Intweeetlm of the north Ione of Right-of-way of The Minneapolis and Poclflc Railway Company with the north Ione of sold South Half at veld Northeast Quarter, and running from thenar Weal an said north Ione of mid South Hall of said Northeast Quarter 48 rods thence South 6 rode mon or lees to the north line of the Right-of-way of mid R.II oy Company, throes msteriy along the said north line of said Rlght-,f-way to the plain of beginning. �ZPROPOSSED LEGAL DESCRIPTION �" That part of the North Half of the Nwthmet lluortw of Section B. Tornehlp 118, Range 21, MIM nee northady of Ne north Right—f-Way Ione of the MInnemdl* and PoolBc Railroad Right -of- Woy ono Mloh Ilse swthwly of a Ione 100 font northedy of as measured at right angles to, mid north line of the Minneapolis and Pool Railroad Right -of -Way. an That port of the South Half of the Northeast Quarter of S—Han B. Tomehip 118, Range 21, Hennepin County Minnesota desclbed a. bolos. Beginning d the Int ---U- of the north line of mid South Half of the Northeast Quarter with the north Ione of Right -of -Way of The MInneapdIs and Pociflc Railway Company, thence on on oswmed bmring of North 89 degrees 59 mloutm 27 sends Wesf along said north IIne of the South Hof of the Narthmet Quarter a dletanas of 798.88 feet to the east Ma of the plat of Jayno SubdIA,lon, dMyy to the retarded plat then.,&. thenen an a bowing of South 7 degrees 23 minutes 46 ds East, along the met line of mid Jayno SubdlNsim, a distance of 99 feet more w Ions to the north line of sold Right -of -Way of the Minneapolis and Pacific Ra9.ay Cwnpany, thenar easterly along the said north the of the Rlghl-of-Way, of the Minneapolis and Pacific Railway Company to the point of b.ghnhq. -";OWNEWSUBDIVIDER,... .. WSURVEYOR�" ` MELIFORD OLSON HONEY INO CUM, FEW ! NOWAK, INC 515 Cannon Industrial Baulewrd 7415 WAYZATA BOULEVARD Cannon Tank MN 55009 MINNEAPOLIS. MN. 55426 CANADIAN PACIFIC RAILWAY E— 501 Marq wits Awnua South Suite 804 i,F Mbnmpol., MN 55402 O REVISIONS JOB NO. 32894 FILE NO. 1731 I A ITS f 6 I nT I.^. I PID:a611&21'1 SpA 1 I T PLACE NORTH 5 _1_--J ";SURVEY ITEMS PER DOCUMENTS PROVIDED PHwte R-dway�Eavement dated February 1481. 195& M easement far pdwte roadway purposm effects theproperty as shown hereon. A portion of valtl eomenI In the NCInIty of Idaho Awmue has been dml-tm to the pubna a. S'm Una Plaee.e Ucanes N. 14488-8: A electric Ione rt Hmee far dawn ororhang --d-.t. affect the property along the north it.. of the property fr.. Survey elation 384+37 to 400104. The width of said Ilowse Is not daed.- Umes Na, 22049: A gas line fimea offsets the property long the north fine of the property from Survey elation 384+17 to 391+18. Sold IT—we extends southerly awes the property at Bald Station 391+18. The width of said Homes le not deMM.- t ioenm Na. 12115: A We Ione Ilmea affects the property at SLrvey .Lotion 384+17 and cause the property.In a north and earth dkmtion along Dwgla. Drive. The width of said flown. le not deMed.- Umes N. 29841: A gee line Menu affects the property along the north the of the property from Survey station 391+18 to 394+93. Th. width of said Ilmm Is not deMed.- U.-m Na. 15288: A pals and anchor eneroaahment Ikenm affects, the property at Station 399+86. The dknendone of said Itmu Is not alerted.' Um.e N. 19409: A Ilmu far 2 archer pale enwoadlment* affmt the property at Douglas Oris. Said license Is deMad only by an exhibit and, the approxbnate lomtlm of mid an—achmenl I. shown hwean.e Urea No, 23102: M underground wire caping It ..we offsats the property from at etotlon 384+38 and woes the property In a north and south dbsotion along Douglas Drive. The width of mid license le not deMad.• Dm No.: 4396623: A dead may mwy a portion of the property dwmrlbed hereon to the County of Hennepin. Surveyor recommend. that o title opinion be obtained regarding whether or not mid dowmenl affects the property deac9ed hereon. •No pubna rsoarding Information was pmNded to the surveyor. SURVEY STATION SUMMARY Station 384417: Begin Umm 22409, License 12115 384+37: Begin Uaenm 14486-B (Wutady Right-of-way line of Dwglos Drive, 33 feet farm met line of Sectlon 8(1962)) 384+3& U.snu 23102 391+18: End Umes 22409. Begin Ucense 29841 394+18: End U—se 29841 399+66: Umes 15288 400+04: End Umes 14486-8 (West Me of neroad Right -&h ,) Railroad stotlanl g as shown hereon M Per nilroud map. proNded to the surveyor. r:CERT/F/CATION I hereby certify that this Plan, rspart or medflmtlon no pm,red by me or ander my direct ewp",Ion and that I am a duty licensed Lord Surveyor under the Lows of the state of Minnesota. Brent R. Peters Minnesota Umar Na. 44123 tin/y // the SWwyrL dgmfuro ar stamp b h RED Dale of mrvy. September 13. 2006 b this on orlghd coo MyThhg other than an wfghd copy may mfoh mmikor1red dterotbns to the or/ghd. 7As *pr.eyw accepts ren n,ponsmyfty far man -original agaAM of this document SURVEY FOR: PRELIMINARY PLAT MEL -0 HONEY, INC I_ _ r-- T AC� NORTH 5,S 1. The orientation of this bearing system Is based an the Hennepin County Coordinate Orld (NAD 83-96 Adjustment). 2 The total area of the property desaribed hereon M 156,38278 m. ft or 3.59 a— PROPOSED LAT 1, BLOCK 1 152,353.29 SO. FT. / 3.50 ACRES DEDICATED DOUGLAS DRIVE 4,029.47 SO. FT. / 0.09 ACRES 3. The legal deeoriptbn and easement Information used In the preparotbn of this survey Is based on dowmente p -Med or known to the you. Ses 'SURVEY ITEMS PER DOCUMENTS PROVIDED' far dotage on id dowment. Title work was not Nmlehed to Egan, Odd & wo Nk Ino. for the prm—t1an of this mrwy to wrffy .—.rahlp. the legal deeviption, or the eslstenm of any easements or encumbrance. 4. Exietinq ut8ltles, ewvkes and underground etructum shown hereon were located either phydcdly from exMing record, mods owilabla to ore or by resident tu0many. Other utilities and —A— may be present Vertflmtlon and locatlan of all utilities and eeMcss shwld be obtained Cram the owner of the reepecllw utgltl- prior to any des19n, planning or ez Uor, 5. The property d..b d hereon ites NMh Flood Zona X per Fedrel Insurance Rata Mop N. 27053CO211E, dated Septombw 2 2DO4. S. As of the date of this surrey, the mrwyed property oontaln, 3 regular striped parking *tots and 1 hmdlmpped parking .tog. 7. According to the Mty of Crystal Zarin, Map, the yropsrty Is zoned R-1 (Lae denelty, residentlal). Building mthack requirements and restriction, am determined by um and stroah,, and lot elm Contact the City of Crystal for site Mmi8c requirements. R-1 zoning raqulrements (genwal requbemenb far single family resldenm per City Code obtained online} Building setback: Front. 30 feet (... City Cod. far exception.) Side: 5 feel (see City Cad. far esosptlons) Sid. ebmt: 10 feet, 20 feet If gorge la fadnq side street (see City Code for ax mU—) Rear. 30 feet (ores City Code lar mmptlan Height 2 starles or 32 feet whidmewr Is lea (see City Coda fou —ptlms) FAR: Depend. on she of yard (ees City Code) & Apparent gaps and owrl- as shown hereon enm orl.e from a difference between monumted botaHes and deeeribed bwmm. ari Surveyor recommends that o title opinion be obtained regarding Ne property surveyed h- 9. Railroad Hght-of-ray as shown hereon ts per legal dww"tlar and railroad maps pmNded to the woveyw. LEGEND O MANHOLE tL UTILITY POLE POWER POLE WITH LIGHT fB ELEC. METER E— GUY WIRE i,F LIGHT O GAS METER ® HAND HOLE • GUARD POST SIGN - ELECTRIC SIGN tE HANDICAPPED PARKING SIGN & HANDICAPPED PARKING tie WELL FPO FENCE POST STA 400+04 RAILROAD STATION RAILROAD SEMAPHORE WJr( RAILROAD STOP ARM cave OVERHEAD WIRE -SDR---OR--- FENCE r`BT PARKING COUNT BITUMINOUS SURFACE CONCRETE SURFACE GRAVEL SURFACE RAILROAD TRACKS ZOPERTYLOCATION: EGAN, FIELD, & NOWAK, INC. IN THE NORTHEAST QUARTER OF "Surveyors Since 1872" ECTION 8, TOWNSHIP 118, RANGE 21 7415 Wayzata Blvd, Minneapolis, Minnesota 55426 HENNEPIN COUNTY, MINNESOTA PHONE: (952) 546-6837 FAX: (952) 546-6839 WWW.EFNSURVEY,COM COPYRIGHTO 2006 By EGAN, nED k NOWAK, INC SHEET 1 OF 2 z ' 1 0 30 60 90 SCALE IN FEET 0 DENOTES IRON MONUMENT MARKED WITH LICENSE NO. 44123 1 /yT 4 J I L.V 1 I I PID: qa'i�&21-11-Ca`A „DRB1 :fi49152ND PVEtNE PRELIMINARY PLAT OF CRYSTAL PARK STATION LEGAL DESCRIPTION a Parcel 1 (PER DEED PROVIDED BY CLIENT) NI that part of the North Half of the Northeast Quarter of SecUm 8, TomMlp 11B. Range 21, that Ilse within the limp. of a strip of land 100 feet In width north d south and 1600 feet in Ion o% Boal a d wont lying an the northerly side of and adjoining %e rlghl-of-way of the Mlnnsapalle and PacIM Ragray CampmYY. Sold strip i land comm dnq at the e! Ilse of said Seatlan 6 and extending ..at 1600 leaf, and the sold ngwa pany ag- to lay a .Ida frock and build and maintain a Station for Its railway an the oboes dow.1bed land an . part mnaldwa6an Xi,.nefor. Parcel 2 (PER D® PROVIDED BY CLIENT) Banded by IT.. dee %.d as follow. Beglnnlnq at a point on the north line f the South Half of the Northeast Quarter of Section 8, Tomahip 115, Range 21, sh h point Is made by the Intersection f the north Ilse of Right -of -soy 'Wast Mlnneapolls and Podfie Rate Company with the north line of sold South Half of sold Northeast Quarter, d nM-ing nom Nese Wast an veld north line of sold Sou% Half of Bald Northeast Ouartr 48 rods; %aro South 6 rade more es leto the north line of the Right-of-way of sold R.11 -y Company, %ace eastarly along the Bald north line of sold Right -.f -my to the place If b,lnIl,. r';PROPOSED LEGAL DESCRIPTION:": That Part of the North Half of the Northeast Quarter of S..U- 4 T. -ship 118, Range 21, which Ilea nriheriy of the north Right -of -Way Una of the Mlnneapdie ond Pacific Ronrsod Right -of Way and whit Ilan souMerly of a Me 100 feet northerly of, as msasured at right onglee lo, sold north Me of the Mlnnaapole and P-111. R.Broad Right -of -Way. and That Port of the South Holl of the Northeast Quarter of Sectla B. Tomship 118, Range 21, Hennepin County. Minnesota desor@ed m That Beginning at the Intaraeetlon of the north line of acid South Half of the North ... I Ouartr with the north line of Right -o( -Way o/ The Minneapola and PadM Ralleay Company, thaw on an c.wmad bearinq of North B9 degrap 59 minutes 27 saamda West, along add n«til Tine of the South Half of the Northeast Quarter a dMtmw of 790.86 feat m %. eat Un of %. Plnl .f d.yno Sub. _! ding to the nswrded plat %orae( %ave m o bvadng of Seth 7 degrees 23 minutes 46 aewnds East, along the soat IHe of said ,.yflo SubdMelm, a dlstmcs of 99 feet mon r Is w to %e north Ilne of acid Rlghl-of-Way of %e Min polls and Pacific RoBwoy Company Naw astrly along the sold north Ilse of the Right -of -Way of the Minneopdis and Podfle R.Iw y Company to %e point of REVISIONS JOB NO. 32894 FILE NO. 1731 h " .RRr` f Ivl v ,'j 1, I L.V nT .r Ger 1� r•h`�t -(} 51ST PLACE NOR7"H •-SOUTH LINE OETHEAME NMTH HALF _IHE NORST OUAR7ER- _ ILAy� - - - - PAC I FI C iII _ CAN�'`�IAN PACIFIC RAILWSAUL�MSTNYMARIE RAILROAD COMPANY) _ AKA MINNEAPOLIS AND RAILROAD COMPANY) ( AKA MINNEAPOLIS, ST. ( (AKA S00 LINE -- SURVEY ITEMS PER DOCUMENTS PROVIDED -� _. _, PHvets Readsoyp Easement dated February 14th, 195& An easement for pdvete roadway purposes ON" the property as shown hereon. A Portion of sold eamant %the vicinity of Idho Avenue hos been dedkoted to the public oe Soo Una PIo . lycenee N. 14486-8: A .1w irkIlne Ikaso for tleven owrfionq en dunents oHsot the property along the north Me of the property from Survey .fail- 384+37 to 400+04. Tha widthof sold Nome. Is of astdented.• Ures Na, 22049: A gas Me flows affects the property along the north line of the p "party h.. Sur ey station 384+17 to 391+1& Sold Mensa ende aouNaaoro.e rty the properly at said Station 391+18. The width of Id Il -se I. not dennad.e Uamw Na. 12113 A goo line Ilemes .Hate the properly, at s.rxay t.um 384117 and -mas the property b a north and amth direction along Douglas Drlw. The width of sold Dome. M not dwi,ad.- U-. N. 29841: A gee Me licenses affects the property along the north line of the property'rom Survey elation 391+18 to 394+93. The width of Bold Ikmee Is not dented.• Ua.nae No. 1528& morhIlw A pale and ander ament mw affect. the proprty at Station 399+66. The dknOnsions of sold Ilwnes 1, not dented.• Licence N. 19409: A Ikm.s far 2 anchor pd. on -temente offset the property It 0-11. Drhs Sold license 1. dented Only by an exhibit, and the appmxknota Iocatim of said enoroohment b .hewn harean.e Umn.No. 23102 An underground Nn roving license .Neots the property from of statim 384+38 and arosam the property M a north and ewth dbactlm along Douglas D11- The width of said Ilea" b at dwMad- Doe No.: 4396823: A deed may convey a portion of the property de.cibed hereon to %e, Counry of Hm,vl,. Surveym or recomends that G this opinion be obtained regarding whether w not said doamant affecte the property demibetl harem. •No public reeordlag Information we presided to the wrveyor. SURVEY STATION SUMMARY';f Station 384+17: Begin Llosnae 22409, Lkene. 12115 384+37: Begin Lkense 14486-B (Westerly Right -of -ray Tina of 0-91=Drhq 33 feet fan Boat Ilne of Sectlm 8(1962)) 384+3& Lkaaa 23102 391+1& Fund Uw as 22409, Begin Ucmee 29041 394+1& End U -se 29841 399+66: U -se 15288 400+04: End U—se 14466-8 (West the of norma night -of -ray) Railroad stationing as atom hereon M pr roll maps provided to Me wrwyr. :" "u:OWNER/SUBDIVIDER SURVEYOR ?; YELFORD OLSON HONEY CIC. EGAN. FIELD 8: NOWAK, W_ 515 Canwe Cannan Industrial Bwled 7415 WAYEATA BOULEVARD Cannon Falls, MN 5.5009 MINNEAPOLIS, MN. 55426 CANADIAN PACIFIC RAILWAY S01 Marquette Averlun South Suits 804 Mknmpol% MN 55402 SURVEY FOR: PRELIMINARY MEL -O HONEY, INC. PLAT ADDRESS: IN THE NORTHEAST QUARTER OF ECTION 8, TOWNSHIP 118, RANGE 21 HENNEPIN COUNTY, MINNESOTA EGAN, FIELD, & NOWAK, INC. "Surveyors Since 1872" 7415 Wayzata Blvd, Minneapolis, Minnesota 55426 PHONE: (952) 546-6837 FAX: (952) 546-6839 WWW.EFNSURVEY.COM COPYRIGHT® 2006 By EGAN, FlELD & NOWAK, INC. SHEET 2 OF LEGEND FNOTES ...... .. ... .. .. ... ..t ,,...,, i 0 MANHOLE _. �.. ... ,. .,.�.. ..: .._... C. UTILITY unuTY POLE 1. The orbntatbn of this bearing system b basad m the Hennepin County CoardMate Orld (NAD 83-96 Ad)aatmant). Y POWER POLE WITH LIGHT 2. The total .no of the praparty, desoHbad hereon le 156,362.76 ea fL or 3.59 oarea. ® ELEC. METER LOT i, BLOCK i e SQ. n. / 150 ACRE t-- GUY WARE DEDICATED DEDICATED DOUGLAS DRIVE � {,028.47 SQ FT. / 409 ACRES 4.029. 7 S W,y �,c LIGHT 3. Th. legal description and acesmant Info U- used In the. -Y1. _ Adwd or known to the 'SURVEY O GAS METER wrwyor. Sea ITEMS PER DOCUMENTS PROVIDED' for deta�nn said doalments. Uebwork wasdnot fumlehments wd to Egon, Fltld & Novak, ® HAND HOLE Ins. far the preporotim of this wrwy to verify ownership, the legal description, or the erfetanee of any s.semmle 0, aa.b -O -GUARD POST 4. EIIalbg ut9ftlee, wMwe and andrgrm,d structures shosn hereon ware lomted either physically, from existing -Me made .-liable to ue or by resident teetMmyy. 0%r ullitlee and werA,w, may be PresmL Veriflmtbn and IocaUw of oil utilitlee and ..N- should be obtained from the omen of the rnp=Uw utaltim prim to my design. planning or mmwtlon. -L SIGN ELECTRIC SIGN 5. The property desdrlbed hereon Use within Flood 2me X per Federvi Insurance Rata Map Na 27053CO211E, dated September 2, 2004. "a HANDICAPPED PARKING SIGN 6. An of %e data of this money, the wMyed property contalna J repair tripod pohbq stalls and 1 hontliwppad parking stall. b HANDICAPPED PARKING 77. According to the City of Crystal Zminq Map, the property is zoned R-1 (Lor density residential). Building ee%a,k reyubamenta and bl.Uans are determined by BO, WELL .aa. end .",tuns and -lot alta. Contact the Clty of Cryetd for eIta .padfl. requbrnent.. FPO FENCE POST R-1 zminq requbcme is (9manE requeements for single family residence pr City Code obtained oolne}. STA 400+04 RAILROAD STATION Building ea.%ado Front 3ee lest (sCity Coda fid w azptbna) RAILROAD SEMAPHORE f Side 5 test.a. ply Cade for axwpem.) Sid. .treef: 100feet, 20 fest If ati (oelnq dale street (see City Cods M exwptlone) -X RAILROAD STOP ARM Rear. 30 Teat (see City Code for e,oaxceptlane) - - Height: 2 etod.e r 32 fast whIh- M lees (see City Cade far ax,epnone) OVERHEAD WIRE FAR yard Depends an size of d (awe City Code) -.-DR--DRQ- FENCE & Apparent gaps and owHape as whom hereon rise from a diNrmce between mmumentad boundaries and desormed boundarles. Sur eyor ---d- that Tilde opinlm be obtained ragardlng the property --yd hereon. m�Bl PARKING COUNT 9. Railroad Hght-of-way as how here", b pr legal d-.ripU- and nsBroad mope prodded to the wrwyr. [ BITUMINOUS SURFACE CONCRETE SURFACE GRAVEL SURFACE RAILROAD TRACKS ADDRESS: IN THE NORTHEAST QUARTER OF ECTION 8, TOWNSHIP 118, RANGE 21 HENNEPIN COUNTY, MINNESOTA EGAN, FIELD, & NOWAK, INC. "Surveyors Since 1872" 7415 Wayzata Blvd, Minneapolis, Minnesota 55426 PHONE: (952) 546-6837 FAX: (952) 546-6839 WWW.EFNSURVEY.COM COPYRIGHT® 2006 By EGAN, FlELD & NOWAK, INC. SHEET 2 OF CRYSTAL PARK STATION I I I F I I I ci I "ci Manager or Clerk TAXPAYER S0?WCES DEPARTMENT .t Q I Hennepin County, Minnesota I hereby certify that faxes payble in 200 and prior years have been paid for land described on this plot, dated this day of 200— -�-;tyEt:E ✓71 L. Akerson, Hennepin County Auditor By. Deputy SURVEY DIVISION 4 _---- Pursuant to MINN. STAT. Sec. J83B.565 (1969), this plot has been approved this day of 200— Wllflam P. Brown, Hennepin County Surveyor By. N' 27 I •W I rrn Irl ,, 11T I hereby certify that the within plot of CRYSTAL PARK STATION was riled In this office this R I )L)`r LI�IVL .iLVLIVIf1 A ivi v h l `n l •E ^ �I n$ Sit I �� I (t, I I ik=rcti ( X09 1514.24 i< •sic if;� t n,J 'p rh LOT T S OR VE I pII / _ C K 1 8 O gouda H SW o' 569'59 27E -I 792.. 17 .-p I U V 2 �flL 1Q --N17RTH LINE OF 7HE 50U7H HALF OF r`A nIA vll-`�v .__—--� vr] �i THE NORTHEAST QUARTER "nl -� �. I " V N ] I p1 I KNOW Ail MEN BY 7HESE PRESENTS 7hat Melford Olson Honey, Inc., a Minnesota corporation, fee owner of the following described property situate In the County of Hennepin, State of Minnesota, to wit: Thatpart of the North Half of the Northeast Ouarter of Section 8, Township 116, Range 21, which lies northerly of the north Right -of -Way line of the Minneapolis and Found C.LM at the Cost 0—fer corner----- of Section e, Townshiv 118. R-9. 21 Pocl rc Ra!lrood Right -of -Way and which lies southerly of o line 100 feet northerly o6 as measured of right angles to, said north line of the Minneapolis and Paclec Railroad Right-of-way. and That part of the South Half of the Northeast Quarter o/ Section B, Township 118, Range 21, Hennepin County. Minnesota described as follows: Beg ng of the Intersection of the north line o/ sold South Hal/ of the Northeast Quarter with the north line of Right -of- o/ The Minneopd/s and PacificRollwoy Company, thence on an assumed bearing at North 89 degrees 59 minutes 27 seconds West, along sold north line of the South Hal/ of the Northeast Quarter o distance of 790.88 feet to the Bost line of the plot of dayyflflo Subdivision, according to the recorded plot thereof thence on a bearing of South 7 degrees 23 minutes 46 seconds East, along the east line of sold 160o Subdlvlslon, o distance of 99 feet more or less to the north I/ne of said Right -of -Way of the MinneoPdls and Pacific Raliwoy Company, thence the Pocific easterly along sold north line of the Right -of -Way of the Minneopolls and Railway Company to the point of beginning. Has caused the some to be --"d and platted as CRYSTAL PARK STA77ON and does hereby donate and dedicate to the public for public use forever the public ways as shown on the plot. In witness whereof said Melford Olson Honey, Inc. has caused these presents to be signed by Its proper officer this day of 200_. MELFORD OLSON HONEY, INC. By. STA7E Oc- COUNTY OF The far,oing Instrument was acknowledged before me this day of 200— by Melford Olson Honey, Inc., o Minnesota corporation, w beholf of the corpwotlon. Notary Public, My Cammisafnn Fxnl— County Its of C.R. DOC. NO. I hereby certify that this plot of CRYSTAL PARK STATION is a correct representation of the boundary survey, that dl mathematical data and labels are correct]" designated on the plot: that all monuments depicted on the plot have been or will be correctly set within one year as indicated on the plat; that all water boundaries and wet lands as of the date of the suresyors certification are shown and labeled on the plat: that all public ways are shown and labeled an the plat. I further certify that this plot was prepared by me or under my direct supervision and that I om a duly licensed land surxyw under the laws of the State of Minnesota. Brent R. Peters, Licensed Land Surveyor Minnesota License No. 44123 STATE OF COUNTY OF fie foregoing Surveyr's Certificate was acknowledged before me this Licensed Land Surveyor. Notary Public, County, _ My Commission Expires: January 31, 20_ day of 100___, by Brent R. Peters a MINNEAPOLIS, MINNESOTA I hereby certify that this plot of CRYSTAL PARK STADON was appproved by the City Planning Commission of the City of Crysto% Minnesota, at a regular meeting thereof held this _ day of 200_ l/ opplicabfe, the written comments and recommendations of the Commissioner of Troneportotion and the County Highway Engineer have been received by the City or the prescribed 30 day period has elapsed without receipt of such comments and recommendations, as provided by Minn. Statutes Section 505.0 , Subd. 2. CITY COUNCIL OF CRYSTAL, MINNESOTA By. , Mayr By Manager or Clerk TAXPAYER S0?WCES DEPARTMENT Hennepin County, Minnesota I hereby certify that faxes payble in 200 and prior years have been paid for land described on this plot, dated this day of 200— ✓71 L. Akerson, Hennepin County Auditor By. Deputy SURVEY DIVISION Hennepin County, Minnesota Pursuant to MINN. STAT. Sec. J83B.565 (1969), this plot has been approved this day of 200— Wllflam P. Brown, Hennepin County Surveyor By. COUNTY RECORDER Hennepin County, Minnesota I hereby certify that the within plot of CRYSTAL PARK STATION was riled In this office this day of 200_ at _ o'dodr _ . M. Michael H CunniN, County Recorder By . Deputy 0 30 60 _ 910 SCALE IN FEET N 0 Denote 1/2 inch by 14 inch iron monument set and marked by License Number 44123. Orientation of this plat is based upon the east line of the Northeast Quarter of Section 8, Township 118, Range 21, which is assumed to have a bearing of North 0 degrees 27 minutes 20 seconds West. ex, �ST,yg F,8,2 EGAN, FIELD, & NOWAK, INC. N SHEET 1 OF 2 SHEETS M E M O R A N D U M DATE: October 3, 2007 TO: Planning Commission (October 8, 2007 meeting) FROM: John Sutter, City Planner/Assistant Community Development Director SUBJECT: Public Hearing: Consider Application 2007-11 for a Zoning Ordinance text amendment in 515.33 Subd. 8 c) to allow reduction of side setbacks in the R-1 district in certain circumstances upon grant of an adjacent open space easement. From time to time, during the normal course of reviewing building permit applications, staff discovers situations where a house is slightly nonconforming to the minimum 5 foot setback, but only by a small amount. These nonconformities typically occurred many years or decades ago, and it is unclear why they occurred. Often, there is enough space (10 feet or more) between the building walls to provide each property with the minimum side setback of 5 feet from the lot line; except that the lot line is offset between the buildings. Assuming both property owners wish to correct the problem, the code already allows this to be addressed by moving a lot line. However, this requires a survey, a Planning Commission public hearing, and City Council approval. As an alternative, staff is suggesting that you consider allowing a "virtual lot line realignment" via the granting of permanent open space easements. That would provide another way for the property owners to address the issue without having to go to the Planning Commission and City Council to get approval to move the lot line. This would only apply to property in the R-1 Low Density Residential zoning district, and then only in regards to the side setback in limited circumstances. The proposed new ordinance language would be added to 515.33 Subd. 8 c), as follows: xii) Limited reduction in side setback upon grant of adjacent easement. The Zoning Administrator may approve a written request to reduce the side setback in certain specific circumstances and subject to certain limitations. Circumstances: (1) An existing principal building does not meet the setback requirement but the distance between that building and the principal building on the abutting property is equal to or greater than the sum of the minimum side setback requirements for both buildings; and (2) the abutting owner grants a perpetual open space easement for the additional setback area located on their property; and (3) the grantee of the easement is not only the benefiting property owner but also the City of Crystal; and (4) a certified survey has been submitted to the Zoning Administrator showing the area and legal description of the easement, as well as adjacent structures; and (5) the perpetual open ZONING ORDINANCE TEXT AMENDMENT - ADD A LIMITED SIDE SETBACK REDUCTION PAGE 1 OF 2 space easement has been recorded with Hennepin County and proof of recordation has been received and reviewed by the Zoning Administrator. Limitations: (1) In no event shall any part of the building be less than 3 feet from the side lot line, regardless of the easement granted; and (2) the Zoning Administrator may deny the request upon finding that there are existing structures, topographic conditions, or other circumstances present which are likely to create practical problems now or in the future if the setback reduction is approved; and (3) upon such denial the property owner may appeal the Zoning Administrator's decision as an Administrative Appeal in accordance with 515.05 Subd. 1. Staff requests that the Planning Commission consider a recommendation that the City Council add this provision to the zoning code. The City Council would consider first reading of an ordinance amendment on October 16, 2007, and second reading on November 20, 2007. The ordinance would be effective by the end of 2007. ZONING ORDINANCE TEXT AMENDMENT - ADD A LIMITED SIDE SETBACK REDUCTION PAGE 2 OF 2 ME M ORA N D U M DATE: October 3, 2007 TO: Planning Commission (October 8t" meeting) FROM: Jason Zimmermann, Code Enforcement and Zoning Administrator SUBJECT: Public Hearing: Application 2007-12 for a Variance to reduce the west setback at 6305 Corvallis Avenue North. A. BACKGROUND The home on the subject property was constructed in 1952 in accordance with the required setbacks governing the property at that time: ■ North (front) lot line: 30 feet ■ South (rear) lot line: 25% of lot depth; in this case, 22.5 feet ■ East (side street) lot line: 20 feet ■ West (side street) lot line: 5 feet Since that time, there have been several revisions to the zoning code, including a complete revision in February 2004. The current setback requirements are as follows: ■ North (side street) lot line: 10 feet (20 feet for a garage facing the street) ■ South (side) lot line: 5 feet ■ East (front) lot line: 30 feet ■ West (rear) lot line: 30 feet The house encroaches into the currently required west setback. Because of this, it is legally non -conforming, meaning it can continue as originally built, but cannot be expanded. The applicant is seeking a building permit to add 8 feet east of the attached garage. Because the proposed addition would expand an existing nonconforming structure, the addition cannot be built unless a variance is granted to reduce the west setback. The property owner has applied for such a variance. Notice of the October 8, 2007 public hearing was mailed to all property owners within 350 feet of the subject property on September 26, 2007. The following Exhibits are attached: A. 2006 aerial photo showing the location of the property. B. Narrative submitted by applicant. C. Site Plan of existing structure submitted by applicant. D. Photo of existing structure submitted by applicant. E. Site sketch indicating location of proposed addition to garage. VARIANCE - SETBACK - 6305 CORVALLIS PAGE 1 OF 3 E. STAFF COMMENTS In order for a variance to be granted, state law and city code require that all three of the following criteria be met: ■ The property in question cannot be put to a reasonable use if used as required by the code. The plight of the landowner is due to circumstances unique to the property not created by the property owner. ■ The variance, if granted, will not alter the essential character of the locality. In addition, state law and city code specifically state that economic considerations alone do not constitute an undue hardship if a reasonable use for the property exists under the code. The situation is unusual in that the city's definitions of front and rear yards have changed since the house was built in 1952. The house was built in accordance with the setback requirements in place at that time. Changes to the lot line definitions used in the city's zoning code have made the house legally non -conforming, thus prohibiting any expansion of the structure. C. RECOMMENDATION Approve the requested variance from 515.33 Subd. 8 b) to reduce the west setback from 30 feet to 5 feet; but subject to an increase in the north setback requirement from 10 feet to 30 feet, thus bringing the west and north setbacks into line with what was in effect when the house was built. Suggested findings of fact are as follows: Denial of the requested variance would constitute an undue hardship in this particular case because all of the three required criteria are met. Specifically: The property in question cannot be put to a reasonable use if used as required by this Zoning Code. Reasonable use of the property includes continuation of the existing west setback encroachment created by changes to the lot line definitions used in the zoning code over time. 2. The plight of the landowner is due to circumstances unique to the property. It is unusual for changes in lot line definitions over time to make a structure non- conforming, although it is not uncommon on corner lots with side -loaded houses like the subject property. 3. The variance, if granted, will not alter the essential character of the locality; provided that the north setback is increased to what it was when the house was built. VARIANCE - SETBACK - 6305 CORVALLIS PAGE 2 OF 3 _ Planning Commission action is requested. Findings of fact addressing whether or not the three variance criteria are met should be included in the motion. The Planning Commission may choose to use staff's recommended findings of fact by reference in the motion. VARIANCE - SETBACK - 6305 CORVALLIS PAGE 3 OF 3 510Y 6410 12 No , -L �qv ma, rq . . . . . . . . . . . to loll C1 t lt, OIN w -M-70 01 OR I N""I'"""C N'gl MEMO C'0 RV A L Ll.�;, A 1w L IN 11R Liu" SOTH AWE N VMS Ad �kj I am applying for a variance from the required rear lot line setback. I would like to expand my garage, from single stall to double stall to improve my property. My proposed plan includes expanding my garage 8 feet in the direction of Douglas Drive and 8 feet in the direction of Corvallis Avenue. In order to meet the setback requirements I would have to move my house. When my house and existing garage were built, they met the setbacks at the time. Since that time, the zoning code requirements have changed and the variance is needed due to a circumstance created by the city revising the zoning code. This change would not alter residential character of my property or neighborhood and I believe adhering strictly to this code unfairly prevents me from improving and updating my property. It is my understanding that when the zoning code requirements were changed, the city of Crystal was aware that there would be properties that would automatically be out of compliance and rather that "grandfathering" them in wanted to review each one on an individual basis. Since this was the choice of the city, I believe that having to pay the $300 fee is unfair and I am requesting to have the fee returned to me. EXHIBIT B I N Vccu 0 IN OWN, pt 1� v itI 01"I'm "Ot S� -- -r EXHIBIT E M E M O R A N D U M DATE: October 3, 2007 TO: Planning Commission (October 8, 2007 meeting) FROM: John Sutter, City Planner/Assistant Community Development Director SUBJECT: Discuss a preliminary Planned Development concept to plat a two family dwelling at 4908 Bernard Avenue North into separate parcels for each unit. The Planned Development ("PD") section of city code allows developers considering a possible PD application to bring their materials to the Planning Commission and City Council for initial comments and discussion, but no decision or vote. This provision is in the code to provide developers with an opportunity to explain complex projects and learn of any major concerns up front. In this case, the project is not really complicated, just unique. The property at 4908 Bernard is zoned R-1 Low Density Residential and is large enough for a two family dwelling under the R-1 district regulations. Construction on the building began in 2006 and it is mostly complete. The developer would like to be able to sell each unit separately. This would require a townhouse -style plat with a parcel matching each dwelling unit's footprint plus a common parcel for the rest of the site. In order to accomplish this, rezoning and re -platting as a PD would be required. The Planning Commission is asked to review the attached materials, ask questions, provide feedback to the developer, and otherwise discuss the matter at its October 8, 2007 meeting. These same materials, together with your comments, would be provided to the City Council for discussion at their October 16, 2007 meeting. After hearing comments from the Planning Commission and City Council, the developer will decide whether to submit a formal PD application or leave the property as it is currently configured - a two family dwelling on one parcel. It is important for the Planning Commission and City Council to not take a vote on this potential PD or otherwise give the appearance of having pre -judged an application that hasn't been submitted. Again, the purpose is to provide the developer with your individual comments and concerns prior to him deciding whether to submit a formal PD application. DISCUSSION ONLY - POSSIBLE PLANNED DEVELOPMENT AT 4908 & 4910 BERNARD PAGE 1 OF 1 Narrative for 4908 / 4910 Bernard Ave. N. Planned Unit Development Application Our initial intent was to build a duplex on lot 4908 Bernard Ave. N. with the units numbered 4908 and 4910 (per City input). The South unit would be homesteaded, the North unit would be rented. However, based on input from Crystal City residents at the 2006 City -Wide Housing Conference, Discussion Group 91 — Owner -Occupied and Rental Housing, on April 7, 2006, it became clear two homestead units would be preferred. Therefore, we are applying to the City of Crystal to rezone 4908 Bernard Ave. N. from zone R-1 to a planned unit development enabling both units to be homesteaded by separate owners and changing the structure from a duplex to a twin -home. Thank you. a es Alexander Owner Charles I McColgan Owner / General Contractor Hennepin County Property Map Print Page 1 of 1 Hennepin County Property Map - Tax Year: 2007 The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed { id footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only. land surveyor. The perimeter and area (square ` ) Hennepin County does not guarantee the accuracy of material herein containetl and is not responsible for any misuse or misrepresentation of this information or its derivatives. i <N http://gis.co.hennepin.mn.us/HCPropertyMap/Locator.aspx?PID=0911821110106 10/03/2007 .-N Scale: 1 inch= 100.0 feet Surveyor's Certificate for.- CHARLES J A CCOLGAN1.) T 10 ARKS L) Top of top nut of fire hydrant at the northeast n T corner of Quail Avenue N. and Bernard Avenue N. Ili °( \ Elevation = 872.73 feet pl 1 n I / '0 I iio� , / •_ 23.01 - J / MIND IRON PIPE RLS - I /74i (D.IaN. 0.7eW) 'Rp ORTIN Of 4LIJK /2 .99 ET IRON PIPE RLS 1645R PER CARLSD '$ C Y KS 'PINK HNR NR l 1N PR• PMf � I'�,I A 'tjy.,VV1JJia "V4 '\\\1P�,, T W I N .-r �e�� T'••.r.� y { G 1 9 f ` nFT� CH IN LIP F N I i f Iii \ LINE 2 7 I SET IRON PIPE RLS FT. CHAIN LINK FENCE ENTERLINE {M' 9ERN41 51�W 127/ /— ■- \I SET ON PIPE RLS I sa '�- \ S 'r'. r �`>, ` �•v1Q )F4CRIPTION OF PROPERTY SURV Y D That part of Lot 4, Block I, CARLSON'S CRYSTAL OAKS, according to the recorded plat thereof, Hennepin County, Minnesota, which lies east of the west 120.00 feet of said Lot 4, together with additional lands that have been added by accretion and are properly described as lying between two lines described as follows: Line I: Commencing at the Northwest corner of said Lot 4; thence Easterly along the North line of said Lot 4 to its intersection with the shoreline of Twin Lakes as shown on the plot of CARLSON'S CRYSTAL OAKS which is the point of beginning of the line to be descrseconidsdtottheccurrrenthshoreline ofTwinLakesthe andright said Ilinethere rees 00 minutes 00 terminating. Line 2: Commencing at the Southwest comer of said Lot 4, thence Easterly along the South line of sold Lot 4 to an intersection with the shoreline of Twin Lakes as shown on the plot the described: fthenc econtinuing CRYSTAL along the aslch terlysextensiointoff said (south line hof of the (ine to e Lot 4 o the current shoreline of Twin Lakes and sold line there terminating. 2.) Top of top nut of fire hydrant near southwest property comer. Elevation = 867.31 PROPOSED HOUSE ELEVATION Top of block elevation: 867.00 Lower level elevation: 858.00 L A K E S WATER ELEVATIDN = 651.5 FEET JULY 9, 2001 NOTES: 1.) Contact GOPHER STATE ONE CALL at 851-454-0002 for precise onsite location of utilities prior to any excavation. 2.) This surveyor is not aware of any easements or other matters of record or not of record affecting the above described property other then as shown. 3.) The proposed elevations and proposed house location are subject to review and change by the City Engineer, Building Dept., developer and owner. Proposed grades and house location which are approved by the City are final. AC CIP EM GM HYD MH RCP SAN SAN S STA ST S W CED PINR SPCB SPCC Denotes air conditioner Denotes cast iron pipe Denotes electric meter Denotes gas meter Denotes fire hydrant Denotes manhole Denotes concrete pipe Denotes sanitary manhole Denotes sanitary sewer Denotes survey control station Denotes storm sewer Denotes underground water Denotes Cedar tree Denotes Red Pine tree Denotes Colorado Blue Spruce tree Denotes Colorado Green Spruce ire We hereby certify that this survey, plan or report prepared by me or under my instruction and that a duly Licensed Land Surveyor under the laws of t State of Minnesota. Dated this 20th day of September, 2006. SUNDE LAND SURVEYING, LLC. BY' John K. Barnes, P.L.S. Minn. Lic. No. 16455 0 Land Surveyin :M 561/72 T.IIe R.21 5.9 2� '11002 MAP ,,,( 0 September 26, 2007 Charles J. McColgan 4916 Bernard Ave N Crystal MN 55429 City of Crystal 4141 Douglas Dr N Crystal MN 55422 voice: 763-531-1000 facsimile: 763-531-1188 internet: www.ci.ctystal.mn.us PAGE 1 OF 2 Subject: APPLICATION INCOMPLETE - Planned Development 4908 & 4910 Bernard Avenue North (currently PID 09-118-21-11-0106) Dear Mr. McColgan: We have received your submittal for the above referenced application. Unfortunately, it is an incomplete application. Specifically, we did not receive the following items which would be necessary for the city to consider the application: Preliminary Plat showing existing and proposed lots, streets, sidewalks, grading, drainage, utilities and other improvements, prepared in accordance with Subsection 505.17 of Crystal City Code. Upon approval of the Preliminary Plat, the Final Plat must be submitted within one year for consideration by the City Council. The Final Plat shall be prepared in accordance with Minnesota Statutes Chapter 505 and the requirements of Hennepin County. Plats must be submitted on paper as follows: One full-size, and one reduced to 11" x 17" or 8'/2" x 11". Also, an electronic copy (AutoCAD version 14 or older) of the Final Plat must be provided to the City prior to Council approval. ■ Application fee of $900. Because this application is incomplete, I am returning your submitted materials to you. IMPORTANT NOTICE REGARDING MINNESOTA STATUTES 15.99: State law requires that an application be approved if a decision is not made within 60 days of all required items being submitted. You have not submitted all required items. For this reason, the 60 - day decision making period has not begun and, in accordance with the law, it will not begin until you submit all required items. This letter serves as the required notice to you in accordance with M.S. 15.99 Subd. 3. PAGE 2 OF 2 I have conducted a cursory review of the materials you did submit, and they appear to be generally compliant with the zoning code except for the following items: — 515.57 Subd. 3 a), which requires PDs to be at least 2 acres in area. You would attempt to address this by citing the property's unique location and layout, being side -loaded to the street and facing a lake. — 515.57 Subd. 3 f), which requires a 30 foot building setback from the external boundary of the PD, thus making the property noncompliant along the west lot line with 4916 Bernard. You would attempt to address this by citing the unique lakeside topography and floodplain issues which require the building footprint to be shifted further west than would otherwise be the case. Please keep in mind that these are preliminary staff review comments, and are only intended to guide you in submitting a formal application. Other issues may arise upon receipt of such an application, and subsequently the Planning Commission and City Council may identify additional issues even after staff has completed our reports to those bodies. In any case, we cannot conduct a thorough review until we receive a complete submittal. In the meantime, feel free to contact me at 763.531.1142 or iohn.sutter(a-)ci.crystal.mn.us if you have any questions. Regards, John Sutter City Planner/Assistant Community Development Director Enclosures cc: [property owner, w/o enclosures] James L. Alexander 10725 202nd St W Lakeville MN 55044 CITY OF CRYSTAL Development Status Report PLANNING COMMISSION AND CITY COUNCIL - STATUS OF PREVIOUSLY APPROVED SPECIAL LAND USE APPLICATIONS: Brunswick Villas (3148 Douglas). On December 6, 2004, the City Council approved Brunswick Villas, a privately -initiated, 18 -unit townhouse project being built on the south side of 32nd between Douglas and Brunswick. In summer 2005, the developer installed geo-piers (to deal with the poor soils on the site) and site improvements including water, sewer and private drives. Each unit has three bedrooms, two bathrooms and 1,928 sq. ft. of finished space; a front door and porch facing north; and an attached two -car garage facing south. Construction on the buildings is essentially complete and some of the units have been sold and/or occupied. Most of the site improvements have been completed but there are a few incomplete items remaining. The city is moving ahead with having a contractor do the remaining items in October 2007 then drawing down the developer's letter of credit to cover the costs. 2. Girma Fita Retail Building (4824 56th). On September 19, 2006, the City Council approved site and building plans for a retail building at 4824 56th Avenue North, However, Hennepin County is requiring that the curb cut be shifted east, and additional modifications to the site plan were needed. The City Council approved a curb cut variance and modified site plan on April 17, 2007, and the house formerly located on the site has been demolished, but construction of the new building has not begun. 3. O'Reilly Auto Parts (4821 West Broadway). On June 19, 2007, the City Council approved site and building plans for O'Reilly Auto Parts to build a 6,600 sq. ft. retail store on this currently vacant property. Construction has begun. 4. Professors 2nd Addition (32xx Florida). On July 24, 2007, the City Council approved this request from SVK Development to re -plat an unaddressed parcel (20-118-21-14-0101) into three parcels: Two lots for new houses on Florida Avenue (tentatively addressed as 3213 and 3219), and an outlot to be held, undeveloped for the time being, for possible future redevelopment such as subdivision into two lots on a future extension of Georgia Avenue north of 32nd Avenue. 5. African Food Market (5736 Lakeland). On September 18, 2007, the City Council approved a Conditional Use Permit for an educational/classroom use within the building housing the African Food Market and other businesses. This included approval for construction of an off-site parking lot on the eastern half of the Carpet King property at 5756 Lakeland. 6. Crystal Motors (5241 West Broadway). On September 18, 2007, the City Council approved a Conditional Use Permit and site plan for construction of a 9,840 sq. ft. auto H:IDevelopment Status Reports12007-3rd quarfer.doc Page 1 of 3 sales showroom building near the southwestern part of the property. The existing showroom building will be converted into office space for the business. ECONOMIC DEVELOPMENT AUTHORITY REDEVELOPMENT ACTIVITIES: 7. Thora Thorson Addition. The EDA purchased the former Thora Thorson Elementary School (7323 58th Ave N) from Robbinsdale Area Schools in October 2005, cleared the site in spring 2006, replatted the property into 17 lots and installed new infrastructure (street, water, sewer, etc.) in summer 2006. In fall 2006, the EDA sold the 17 lots to builders for new house construction. On lots 1, 3, 9, 10, 11, 13, 14 and 17, construction is either complete or will be completed by October 31, 2007. For the remaining nine lots, the EDA has extended the completion deadline to September 30, 2008. 8. 5710 and 5720 32nd. The EDA purchased this property for $135,000 in June 2006, plus an adjacent tax forfeit lot in July 2006 for $6,000. The EDA demolished the existing house and replatted the property into two lots. City crews completed the grading work in June 2007. The EDA has sold each lot to Covenant Builders for $85,500 per lot. Both houses are under construction and must be completed by May 31, 2008. 9. 6325 41St. The EDA purchased this tax forfeit property for $80,000 in January 2007 then demolished the existing house in summer 2007. The EDA has sold this lot to Clark Kent Homes for $90,000. 10. 3541 Hampshire. The EDA purchased this fire -damaged property for $80,000 in (j January 2007 then demolished the existing house in summer 2007. The EDA has tentatively accepted a proposal from Kingsman LLC to buy this lot and build a new house; a public hearing on the proposal is scheduled for November 5, 2007. C/ 11. 5527 Xenia. The EDA purchased this property for $101,500 in March 2007 then demolished the existing house in summer 2007. The EDA has tentatively accepted a proposal from Kingsman LLC to buy this lot and build a new house; a public hearing on the proposal is scheduled for November 5, 2007. 12. 4306 4310, 4326 and 4330 Zane. Over the last several years, the EDA has acquired and demolished four houses on the `Yates Alley' block between 43 d and 44th Avenues. The properties have been land banked for future redevelopment due to the presence of an unpaved alley on this block. In fall 2007 the city will reconstruct the alley with a new concrete surface. The EDA is currently seeking new house proposals from builders. 13. 5918 Idaho. The EDA purchased this property for $95,000 in July 2007. Demolition is scheduled for the fourth quarter of 2007. The EDA expects to seek new house proposals from builders in spring 2008. 14. 5626 Vera Cruz. The EDA purchased this property for $75,000 in September 2007. Demolition is scheduled for the fourth quarter of 2007. The EDA expects to seek new house proposals from builders in spring 2008. N:IDevelopment Status Reports12007-3rd quarter.doc Page 2 of 3 15. _Highway 100 land use (excess right-of-way). In January 2005, the EDA made a formal request to the Minnesota Department of Transportation (MnDOT) to survey and appraise potential parcels. MnDOT is currently in the process of getting the appraisals completed. The EDA has authorized acquisition of property on the east side of the highway in June 2007, and will be asked to authorize acquisition of properties on the east side of the highway in November 2007. Actual closing on the acquisitions can be expected to occur in late 2007 and early 2008. Re -sale of such property for development would probably occur in 2008 and 2009, depending on market conditions. 16. 5111, 5121, 5201 and 5211 56th (Four 4-plexes on Bass Lake Road). ■ In October 2006, the EDA acquired 5201 and 5211 for $370,000 each. It then relocated the tenants, abated the asbestos and demolished the buildings. Grading, seeding and other final site work was completed during summer 2007. ■ In January 2007, the EDA acquired 5111 for $370,000. It then relocated the tenants and abated the asbestos. Demolition will be completed by mid-July 2007. Grading, seeding and other final site work was completed during summer 2007. ■ In June 2007, the EDA acquired a Sheriff's Certificate at the foreclosure sale for 5121. The redemption periods run until late 2007, so until then it will not be known whether the EDA will gain title to the property. If it does gain title, the EDA would demolish the building in spring -summer 2008. ■ The EDA has not yet determined what to do with these properties. H:IDevelopment Status Reports12007-3rd quarter.doc Page 3 of 3 BNOOnL YM CENrEn Ji _____________________ NEV Na IC F.1ua jl J ,al ls�E L.... r... I: 1 ■ [„ V v Ell ill, ULU J Gl� Olt DD CITY — CRYSTAL 3-Uh-OLUGE ;r rood a SCALE loot' 2ooa' C�[11 UA :oc��cao `J lL :ill � noaeiYso.aLE a o, u.Ruu •Y[ N SCD roCCC�!� ,.�... -cac--- JLJL e� y� a 12-1 I :I 191 1 m I I 0 II a nF-FV z 1� a, "%1...• C"STLL n ..... 1 : rn: ILlyl 34 Ull �zY ,a i I r. �` —1 � � no8Br�5�eLf • 1 — I� �l i 1 i (i,� / r� .II —,6, l—:ILLSJj� IL i t i • 1 33 � ;1' ;1 If � 1 II i 1f( I I.,�y'�'( a-.�.ct, 3. i1 1•L+ �� 1i � �! "'[ III 11[ r IPw �� J JI -1-'• m --14 --"'-ll- 3i` „ro rt S i 7 ,�.o .�1 ;�i � I •1 !i �I I' (♦�'r�_�ii II :1 � GOLOEM YaLLET l i B�I IF F - IL 0 -- CITY COUNCIL ACTIONS ON PLANNING COMMISSION ITEMS September 18, 2007: 1. The Council considered a Conditional Use Permit and Site Plan for an educational/classroom use at African Food Market (5736 Lakeland). Motion carried to approve. 2. The Council considered a Conditional Use Permit and Site Plan for a new showroom building at Crystal Motors (5241 West Broadway). Motion carried to approve. 3 -MINUTE TIME LIMIT IS ALLOWED PERPERSON --� AGENDA ITEM TO DISCUSS IS DATE 10 n Fo — NAME C �"r(-D s 7F - ,/Ll L n— Z Please Print ADDRESS Ce ` TELEPHONE NO. 2 & -?— (c PLEASE PRESENT TO THE RECORDING SECRETARY PRIOR TO SPEAKING AGENDA ITEM NO. Appearance Before Planning Commission DATE NAME ,. 67 Please Print ADDRESS. TELEPHONE NO. PLEASE PRESENT TO CHAIRPERSON OR SECRETARY PRIOR TO MEETING AGENDA ITEM NO. Appearance Before Planning Commission DATE NAMEr` �� 61-7 v / Ple e Print ADDRESS � 1 TELEPHONE NO._(--) PLEASE PRESENT TO CHAIRPERSON OR SECRETARY PRIOR TO MEETING ^. AGENDA ITEM NO. Appearance Before Planning Commission DATE 1 0— S —L) NAME Please Print ADDRESS TELEPHONE NO. PLEASE PRESENT TO CHAIRPERSON OR SECRETARY PRIOR TO MEETING