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
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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
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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
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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
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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
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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
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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
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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
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EXHIBIT D
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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
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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
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;Aim
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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
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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
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EXHIBIT F
(M rAIFRnM P AVFU"r
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!"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
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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
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'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
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LAc No
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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
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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.
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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
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http://gis.co.hennepin.mn.us/HCPropertyMap/Locator.aspx?PID=0911821110106 10/03/2007
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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
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)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
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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 ,,,(
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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
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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