WVR 90-04 CITY OF HOPKINS
�.
ZONING APPLICATION
S RY FORM
Application Number W �/� �6--,1
7
P .I .D .�:
Applicant ' s Name ( Last , First) Owner (if other than applicant)
Ct�� �-f" I � scarn�
Mailing Address (Street , City, State , Zip Code)
__ �C�IL (--i rs{'Sti�$ ��'h
Phone Number: (Day) �3�j"-��j� � (Evening)
Property Address � � �(�, rn(al�'�
APPLICABLE CURRENT ZONING DISTRICT(S) TYPE OF ZONING REQUEST
L � R-1-A [ ] R-2 [ ] B-1 [ ] Concept Review
[ ] R-1-B [ ] R-3 Lx� B-2 [ ] Conditional Use Permit
[ ] R-1 -C [ ] R-�1 [�] B-3 [ ] Varianee
[ ] R-1 -D [ ] R-5 L l I-1 L 7 Zoning District Change
[ ] R-1-E [ ] R-6 [ ] I-2 L 7 Subdivision Approval
[ ] Ordinance Am���ent
['`�] Other ll�UiEr (��T
I hereby certify with my signature that all data
contained herein as well as all supporting data
are true and correct to the best of my knowledge: 1�`5���
App ieants Signature Date
�
Owners Signature Date
ADMINISTRATIVE DATA SUMMARY
[ ] Proper addendum to application Application received: //-�-�p
[ ] Detailed plans submitted
[ ] Written pro�ect description submitted Fee Paid :
Referred to City
PLANNING COMMISSION ACTION Engineer:
Approved: without modifications Referred to City
[ ] with modifications Attorney
Denied [ ] Referred to Watershed
District
Date: //- �7- �13 Date of Publie
Hearing Notice //- /� 9'D
COUNCIL ACTION Date of Public �
Ar� ved: without modifications Hearing l/- �7- 90
[ ] with modifications
Denied : [ ]
Date: /�- //- �L? RESOLUTION N0: 9/- /
� December 31, 1990 Council Report 91-8
WAIVER OF PLAT - CITY OF HOPKINS
Proposed Action.
Staff recommends approval of the following motion: Move to adopt
Resolution R90-137 abprovina the division of the �arcel at 902
Mainstreet.
Approval of this motion will divide a portion of 902 Mainstreet to be
combined with 906-8 Mainstreet.
The Planning Commission unanimously approved Resolution RZ90-19
recommending approval of the division of the parcel at 902 Mainstreet.
overview.
In 1988 the City of Hopkins HRA sold the property located at 906-908
Mainstreet to Marcus Corporation. Marcus Corporation subsequently
renovated the building on this site and constructed a stair and
elevator tower on the property to the east owned by the HRA. In order
to construct this tower Marcus Corporation obtained an easement from
the HRA for the stair/elevator tower. However, in order to facilitate
the payment of property tax by the developer attributable to the
stair/elevator tower, the City Attorney has recommended that ownership
^ of this property be transferred to Marcus Corporation.
Staff is recommending approval because the �new parcels meet the zoning
requirements.
Staff reviewed with the Planning Commission why the waiver of plat was
needed. There was little discussion by the Planning Commission on this
item.
The Hopkins HRA is scheduled to review the transfer of the property in
question during its meeting on 1/8/91. Approval of the waiver of plat
should only be given if the HRA approved the sale to Marcus
Corporation.
Primarv Issues to Consider.
o Do the new parcels meet the zoning requirements?
o Why is the HRA transferring the subject property to Marcus
Corporation?
o What are the implications of this transfer?
Supporting Documents.
o Site Plan
o Analysis of Issues
o Alternatives
o Resolution No: 91-1
-� o Resolution No: 91-2
r" � , � -
Nancy� . Anderson
Plann�
� Council Report: 91-8
WVR 90-4
Page 2
Primarv Issues to Consider.
o Do the new parcels meet the zoning requirements?
The zoning ordinance requires a minimum lot width of 20 feet, both
lots will meet this requirement.
o Why is the City selling the stairway land to Marcus?
Originally an easement was given to Marcus Corporation for the land on
which the stair/elevator tower was constructed. However, there are
two problems that relate to the easement agreement:
1) The easement does not state that it is the developers
responsibility to pay real estate taxes on the subject property
directly attributable to the elevator/stair tower improvement. If the
property transfer does not occur,a revision to the easement agreement
needs to be executed which obligates the developer to this
requirement.
2) Under an easement agreement the HRA, which receives the property
tax statement, will have to manually calculate on an annual basis the
^amount of taxes attributable to the elevator/stair tower. This amount
�ould than be billed to Marcus Corporation for payment.
The City Attorney has advised staff that a much simpler approach is to
transfer ownership of the property to Marcus Corporation. With this
action Marcus would be taxed by the County on an annual basis for
these improvements. The City staff would not have any involvement.
o What are the implications of this transfer?
This transfer will lower the property taxes that are paid on the
property to the east currently owned by the HRA because Marcus
corporation will own the stair/elevator tower. The developer is
presently using the stair/elevator area of the site for his
improvements which restricts any other use. �
As part of the deed, the City Attorney will also be requested to place
a covenant on the subject property to be transferred which states the
following:
1. The land will revert back to the HRA at such time as the existing
use is terminated.
�
-� Council Report: 91-8
WVR 90-4
Page 3
2. The subject property shall be subject to compliance with all
aspects of the development agreement between the Hopkins HRA and
Marcus Corporation dated November 14, 1990.
Alternatives.
1. Approve the waiver of plat. By approving the waiver of the
plat, Marcus Corporation will own the property and pay the
property taxes for the stair/elevator tower.
2 . Deny the waiver of plat. By denying the waiver of the plat,
the City of Hopkins HRA will pay the taxes for the area the
stair/elevator tower is constructed on.
3 . Continue for further information. If the City Council
indicates further information is needed, the item should be
continued.
�
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--� CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 91-1
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING APPLICATION
FOR WAIVER OF PLAT WVR90-4
WHEREAS, an application by the City of Hopkins for a Waiver
of Plat WVR90-4 to divide the parcel at 902
Mainstreet is hereby approved.
WHEREAS, the procedural history of the amendment is as
follows:
1. That the application for Waiver of Plat
was filed with the City of Hopkins on
November 5, 1990.
2 . That the Hopkins Planning Commission reviewed
such application on November 27, 1990.
3 . That the Hopkins Planning Commission,
pursuant to mailed notices, held a public
hearing on November 27, 1990; all persons
present at the hearing were given an
opportunity to be heard.
^ 4. That the written comments and analysis of the
City Staff and the Planning Commission were
considered. .
NOW THEREFORE BE IT RESOLVED, that application for Waiver of
Plat WVR90-4 is hereby approved subject to the
following Findings of Fact:
1. That the new lots meet the zoning
requirements for the B-2 zoning district.
BE IT FURTHER RESOLVED, that application for Waiver of Plat
WVR90-4 is hereby approved subject to the
following Conditions:
1. That Hennepin County accepts the Waiver of Plat.
Adopted this 8 day of January, 1991.
Nelson W. Berg, Mayor
ATTEST:
,--�
James A. Genellie, City Clerk
��
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 91-2
A RESOLUTION WAIVING PLATTING REQUIREMENTS TO DIVIDE THE
LOT AT 902 MAINSTREET
WHEREAS, the City of Hopkins HRA has applied to the City
Council of Hopkins for approval of a division of PID
24117223415 lying within the South 1/2 of Section 24 County
' of Hennepin, State of Minnesota.
PARCEL 1
MARCUS CORPORATION PROPERTY
COMBINED WITH ELEVATOR AND STAIRWELL TOWER PARCEL
TO BE TRANSFERRED BY HRA
Lot 5, Block 5, West Minneapolis, according to the recorded
plat thereof; and
� That part of Lot 6, Block 5, West Minneapolis, according to
the recorded plat thereof, described as follows, to wit:
Commencing at the northwest corner of said Lot 6,
thence easterly along the North line thereof a distance
of 10. 18 feet; thence southerly and parallel with the
West line thereof a distance of 28. 00 feet; then
westerly and parallel with the North line thereof a
distance of 10. 18 feet to the West line thereof; thence
northerly along the West line thereof to the point of
beginning and there terminating.
PARCEL 2
PROPERTY RETAINED BY HRA
AFTER TRANSFER OF ELEVATOR AND STAIRWELL TOWER
PARCEL TO MARCUS CORPORATION
All of Lot 6, Block 5, West Minneapolis, according to the
recorded plat thereof, except the following parcel:
That part of Lot 6, Block 5, West Minneapolis, according to
the recorded plat thereof, described as follows, to wit:
Commencing at the northwest corner of said Lot 6,
� thence easterly along the North line thereof a distance
of 10. 18 feet; thence southerly and parallel with the �
West line thereof a distance of 28. 00 feet; thence
��
westerly and parallel with the North line thereof a
distance of 10. 18 feet to the West line thereof; thence
northerly along the West line thereof to the point of
beginning and there terminating.
NOW THEREFORE, it is hereby Resolved by the City Council of
the City of Hopkins that said premises as above described
may divided as herinabove set forth without further platting
or other formal subdivision requirements.
Passed and adopted by the City Council of the City of
Hopkins, Minnesota, at a regular meeting held the 8th day of
January, 1991.
Nelson W. Berg
ATTEST:
James A. Genellie, City Clerk
�
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-� November 19, 1990 yo P K � � � Planning Report WVR90-4
WAIVER OF PLAT - CITY OF HOPKINS
Proposed Action.
Staff recommends approval of the following motion: Move to
ant�rove resolution RZ90-19 to divide the parcel at 902
Mainstreet.
Approval of this motion will divide a portion 902 Mainstreet
to be combined with 906-8 Mainstreet.
Overview.
In 1988 the City of Hopkins HRA sold the property located at
906-908 Mainstreet to Marcus Corporation. Marcus
Corporation subsequently renovated the building on this site
and constructed a stair and elevator tower on the property
to the east owned by the HRA. In order to construct this
tower Marcus Corporation obtained an easement from the City
for the stair/elevator tower. However, in order to
facilitate the payment of property tax by the developer
attributable to the stair/elevator tower, the City Attorney
has recommended that ownership of this property be
transferred to Marcus Corporation.
�
Staff is recommending approval because the new parcels meet
the zoning requirements.
Primary Issues to Consider.
o Do the new parcels meet the zoning requirements?
o Why is the HRA transferring the subject property to
Marcus Corporation?
o What are the implications of this transfer?
Supporting Documents.
o Site Plan
o Analysis of Issues
o Alternatives
o Resolution No: 90-19
� r
Nancy S. Anderson
Plann r
� WVR 90-4
Page 2
Primary Issues to Consider.
o Do the new parcels meet the zoning requirements?
The zoning ordinance requires a minimum lot width of 20
feet, both lots will meet this requirement.
o Why is the City selling the stairway land to Marcus?
Originally an easement was given to Marcus Corporation for
the land on which the stair/elevator tower was constructed.
However, there are two problems that relates to the easement
agreement:
1) The easement does not state that it is the developers
responsibility to pay real estate taxes on the subject
property directly attributable to the elevator/stair tower
improvement. If the property transfer does not occur a
revision to the easement agreement needs to be executed
which obligates the developer to this requirement.
2) Under an easement agreement the HRA, which receives the
property tax statement, will have to manually calculate on
^ an annual basis the amount of taxes attributable to the
elevator/stair tower. This amount would than be billed to
Marcus Corporation for payment.
The City Attorney has advised staff that a much simpler
approach is to transfer ownership of the property to Marcus
Corporation. With this action Marcus would be taxed by the
County on an annual basis for these improvements. The City
staff would not have any involvement.
o What are the implications of this transfer?
This transfer will lower the property taxes that are paid on
the property to the east currently owned by the HRA because
Marcus corporation will own the stair/elevator tower. The
developer is presently using the stair/elevator area of the
site for his improvements which restricts any other use.
As part of the deed, the City Attorney will also be
requested to place a covenant on the subject property to be
transferred which states the following:
1. The land will revert back to the HRA at such time as the
existing use is terminated.
.-�-`
�
WVR 90-4
Page 3
2 . The subject property shall be subject to compliance with
all aspects of the development agreement between the Hopkins
HRA and Marcus Corporation dated November 14, 1990.
Alternatives.
1. Approve the waiver of plat. By approving the waiver of
the plat, Marcus Corporation will own the property and pay
the property taxes for the stair/elevator tower.
2 . Deny the waiver of plat. By denying the waiver of the
plat, the City of Hopkins will pay the taxes for the area
the stair/elevator tower is constructed on.
3 . Continue for further information. If the Commission
indicates further information is needed, the item should be
continued.
��
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^ CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: RZ90-19
RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL
OF AN APPLICATION FOR A WAIVER OF PLAT WVR 90-4
WHEREAS, an application for a waiver of plat entitled WVR
90-4 made by the City of Hopkins is recommended
for approval.
WHEREAS, the procedural history of the application is as
follows:
1. That an application for waiver of plat WVR
90-4 was filed with the City of Hopkins on
November 5, 1990.
2 . That the Hopkins Planning Commission reviewed
such application on November 27, 1990.
3 . That the Hopkins Planning Commission,
pursuant to published and mailed notices,
held a hearing on November 27, 1990: all
persons present at the hearing were given an
opportunity to be heard.
4 . That the written comments and analysis of the
� City Staff and the Planning Commission were
considered.
NOW THEREFORE BE IT RESOLVED, that application for waiver of
plat WVR 90-4 is hereby recommended for approval
subject to the following Findings of Fact:
1. That the new lots meet the zoning
requirements for the B-2 zoning district.
BE IT FURTHER RESOLVED, that application for WVR 90-4 is
hereby recommended for approval subject to the
following Conditions:
1. That Hennepin County accepts the waiver of plat.
Adopted this 27th day of November 1990.
Eugene Maxwell, Chairman
�--�
�--�
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 90-21
A RESOLUTION WAIVING PLATTING REQUIREMENTS TO DIVIDE THE
LOT AT 902 MAINSTREET
WHEREAS, the City of Hopkins HRA has applied to the City
Council of Hopkins for approval of a division of PID
24117223415 lying within the South 1/2 of Section 24 County
of Hennepin, State of Minnesota.
PARCEL 1
MARCUS CORPORATION PROPERTY
COMBINED WITH ELEVATOR AND STAIRWELL TOWER PARCEL
TO BE TRANSFERRED BY HRA
Lot 5, Block 5, West Minneapolis, according to the recorded
plat thereof; and
^ That part of Lot 6, Block 5, West Minneapolis, according to
the recorded plat thereof, described as follows, to wit:
Commencing at the northwest corner of said Lot 6,
thence easterly along the North line thereof a distance
of 10. 00 feet; thence southerly and parallel with the
West line thereof a distance of 29.00 feet; then
westerly and parallel with the North line thereof a
distance of 10. 00 feet to the West line thereof; thence
northerly along the West line thereof to the point of
beginning and there terminating. '
PARCEL 2
PROPERTY RETAINED BY HRA
AFTER TRANSFER OF ELEVATOR AND STAIRWELL TOWER
PARCEL TO MARCUS CORPORATION
All of Lot 6, Block 5, West Minneapolis, according to the
recorded plat thereof, except the following parcel:
That part of Lot 6, Block 5, West Minneapolis, according to
the recorded plat thereof, described as follows, to wit:
Commencing at the northwest corner of said Lot 6,
"— thence easterly along the North line thereof a distance
of 10. 00 feet; thence southerly and parallel with the
West line thereof a distance of 29.00 feet; thence
�\
westerly and parallel with the North line thereof a
distance of 10.00 feet to the West line thereof; thence
northerly along the West line thereof to the point of
beginning and there terminating.
NOW THEREFORE, it is hereby Resolved by the City Council of
the City of Hopkins that said premises as above described
may divided as herinabove set forth without further platting
or other formal subdivision requirements.
Passed and adopted by the City Council of the City of
Hopkins, Minnesota, at a regular meeting held the lith day
of December 1990.
Nelson W. Berg
ATTEST:
James A. Genellie, City Clerk
�
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