VAC 86-02 J
^ CITY OF HOPKINS
Application for: Amendment of Zoning Ordinance Date: /'�� - 3C7- �'�
Concept Review
Conditional Use Permit Case No: �//�� �
Subdivision Approval ,, ,
variance Fee: �1-� - "
Waiver of Platting Requirements
Street Vacation �_ Date Pdid: �
1. Street Location of Property: 1000 Block 2nd Street
2. Legal Descri ption of Property: See Attached Notice
3. Owner: Name A.,7. Partnership Address Phone
4. Applicants Name: Midwest Auto Malls Address Phone
5. Description of Request: Vacation of Second Street between ninth and
eleventh
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Zoning District Use
.. Present Proposed 7. Present Proposed
N.A. N.A.
8. Reason for Request Street no longer needed
9. What error, if any, in the existing Ordinance would be corrected by the proposed
amendment? (for Zoning Ordinance amendment only)
10. If request is for a variance, what hardship would justify approval (see 427.04(108) of
the Zoning Ordinance) .
11. Exhibits submitted:
f�lap or plat showing the lands proposed to be changed
Other
_12. Acknowledgement and Signature: The undersigned hereby represents upon all of the pen-
alties of law, for the purpose of inducing the City of Hopkins to take the action herein
requested, that all statements herein are true and that all work herein mentioned will
be done in accordance with the Ordinances of the City of Hopkins and the laws of the
State of Minnesota. �
Signature of Applicant: � � � --
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Signature of Owner:
.
RECORD OF ACTION TAKEPJ BY PLANNING & ZONING COMMISSION
Date: 11/25/86
Application for Vacate a portion of Second Street South
CASE N0: VAC86-2 �"
PLANNING COMMISSION RECOMMENDATIONS
On the �_ day of November 19 86 , the action requested in the foregoing petition
was approved ( X) disapproved subject to the following conditions :
Recomriend approval of vacating Second St. So. between 9th & llth Ave th with the Findings
1. there exists a lack of public need for Second St. So. 2. the ed r' ht- ay provides
the necessary parking for the plan and with the Condition tha th ca n b referred to the
City Attorney for processing. Chairman:
CITY COUNCIL ACTION
Approved Denied X by the Council this 3 day of February 19 87
Approved with following amendment: Resolution No:87-14 That the City is not in favor of a
vacation of Second Street South and that the City work with the developer to provide the use
of a portion of Second Street South be lease to t�lidwest Auto Malls.
C 1 e r k: � . ��,pr�t` �
Following to be filled in by City Action of City Officials �
Chronolo Date B
Rec'd by Bldg Dept.
Published by Bldg Dept.
On P1 . Comm. Agenda 11 25 86 JK
Pl . Comm. Postponement ; I i
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P1 . Comn. Action ! 11/25/86 JK Recommend approval as stated above
On Council Agenda � � no meeting due to lack of quorum
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Council Postponement ! 12/16/86 � JK Continue for further review
i '
Council Action � 2/3/87 � �K Vacation not approved but use through le;
� to be provided. Resolution No: 87-1�
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NOTE: A Conditional Use Permit shail expire one year after it has been issued unless
the use for which the permit has been granted is in effect, except that, upon
written application of the owner of the effected land for which the permit was
granted prior to the end of said year may request and the Council may grant an
extension not to exceed one year.
`/�
/
—� RESOLUTION N0: 87- 14
CITY OF HOPKINS
HENNEPIN COUNTY , MINNESOTA
RESOLUTION MAKING FINDINGS OF FACT AND PROVIDING
FOR USE OF A PORTION OF SECOND STREET SOUTH
WHEREAS , an application to vacate a portion of
Second Street South between 9th and 11th Avenues entitled
VAC86-2 has been filed by Midwest Auto Malls .
WHEREAS , the procedural history of the application
is as follows :
1 . That an application for Vacating a
portion of Seoond Street South VAC86-2
was filed with the City of Hopkins on
November 6 , 1986 .
2 . �hat the Hopkins Planning Commission
reviewed such application on November
25 , 1986 ; all persons present were given
- an opportunity to be heard . .
3 • That the Hopkins City Council , pursuant
-� to published and mailed notices held a
public hearing on December 9 , 1986 ; 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 the Hopkins
City Council makes the following Findings of Fact in respect
to vAC86-2 :
1 . There exists a laek of public need for
Second Street South .
2 . The right-of-way provides the necessary
parking for the proposed plan ,
3 • That the City is not in favor of a
vacation of Second Street South .
BE IT FURTHER RESOLVED , that the City work with
the developer to provide the use of a portion of Second
Street South by lease to Midwest Auto Malls .
Adopted this 3rd day of February � 1987 .
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Ellen Lavin , Mayor
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Plannin� Commission Report
VACATE SECOND STREET SOUTH
Between 9th & 11th Avenues South
PLANNING COMMISSION
REPORT N0 : VAC86-2 November 14 , 1986
PURPOSE: To review and recommend action on a request to
vacate Second Street South between 9th and 11th
Avenues .
BACKGROUND :
Name of Applicant : Midwest Auto Malls
Address of Property: Northeast corner of
11th Avenue South & County Road 3 .
Present Zoning: B-2
Nature of Request : To vacate Second Street
South
�` Reason for Request : To allow construction of
an Auto Mall
This vacation is in conjunction with the Conditional
Use Permit request to construct an Auto Mall . The
vacation is necessary to allow the proposed development
parking along County Road 3 . Currently there is a
water main under Second Street , however this will be
removed . The subject street is currently used for
access to the adjacent property to the north .
ANALYSIS: Second Street South was dedicated in the plat
of West Minneapolis as a 60 foot street . The northerly
20 feet of Second Street South was vacated many years
ago . The south 10 feet of the north 1 /2 would revert
back to the adjacent property. This vacation does
create a problem . IF Second Street is vacated , the fee
title to the south 30 feet will revert back to the City
because it owns the adjacent land to the south ( County
Road 3 ) . The westerly half of the above is owned by
the City by State Tax Deed . This deed may not allow
the City to sell the land . If the City does not need
the land for public purpose it may revert back to the
state .
1
No.
VAC86-2
�� Page 2
rt may be possible to have the fee title revert to the
applicant if vacated . If the Commission decides to
pursue this action , the matter should be referred to
the City Attorney to negotiate with the proper
authorities to see if the applicant can secure the fee
title .
Another solution if the applicant cannot secure fee
title is to give the applicant a permanent or long term
lease of Second Street . A similar lease was arranged
for the Andrew building to the east .
With the proposed upgrading of the intersection , it
will be required to take part of the applicants land
along 11th Avenue . The enclosed map is the proposed
land swap to allow the upgrading of 11th Avenue and to
allow the applicant to use the cities part of the
vacated Second Street South .
ALTERNATIVES:
1 . Refer the matter to the City Attorney to
work with the proper authorities to have the
fee title revert to the applicant if vacated .
� 2 . Disapprove and refer the matter to the
City Attorney to prepare a long term or
permanent lease .
3 . Disapprove . If this is done the proposed
project cannot be constructed .
RECOMMENDATION: I recommend Alternative �1 , subject to
the Ability to deed the land to the Auto Mall . If that
solution is not possible then I would recommend
Alternative �2 . A similar lease was done at the Andrew
Building which seems to be working well for both
parties . The following area suggested Findings of Fact
and Conditions should the Commission recommend to
approve the vacation :
1 . There exists a lack of public need for
Second Street South .
2. The vacated right-of-way provides the
necessary parking for the proposed plan .
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VAC86-2
Page 3
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Condition :
1 . That the vacation be referred to the City
Attorney for processing .
Respectfully submitted ,
�� I ��rYV:� ;%�; ���;�V�,�������Y�l
Nancy S . Anderson
Community Development
Analyst
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�, FREDRIKSON & BYRON
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IIN 1'. BYRON fAMF.S R NALLER )OHN G.NOST THOMAS F.HOP9N...�
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Nlt'IIANI)N HANCEN PRF.[JERICN F.FINCN I lUn INTF.KNATIONAL CENTRF. ROBBRT I.BUPNS,JR LARRY D.H�l,'SE
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KCNT G.HARBI.SON CIJ�'TON E Cl.^.EA
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Nt:l"fIV A.IIBBP.Y MICHAF:L A.STEHN PATRICIA A NEITHON SHBVA J.S��DE�
AI.I.EN I l)ISON NEIL A.WF.IKART TELEX 290569 FREDRIKSON MPS MICHAEL A.TRITTIPO MARY P BA':MA:1
TIIUMAti N. NING WII.LIAM J.BRODY TF.LECOPIER�612� 3a7-7077 SUSAN SHIPPLER ENLOW PATAICK E Sl'l11'���
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JAMk:ti L.NAILLIE THOMAS 5.PRASF.R TF.LF,PHONE �61Z� 347-7000 JAMBS B.PLATf SIMJN C.R�O'[
WILLIAM 1.KAMPP JOHN A.GRIMSTAD DAVID P BVtiDF SANDRA YAEGER�:I:�LAL�
N. NEftTPAM CRHfiNER ERIC 5 ANDER.SON MYMOND C.LALLIER MMY E.<;'i��,�D
WAX0.fiN E.MACK DAVID R.BUSCH WRITER'S DIRECT DIAL GRBGORY P KAIHOI LYW M.GARDIV
JOHN L.POWfiRS DAVID C.GRORUD SHARON K.PAEIF.P KEVIN D.M�AP"
('lIANLES F.DI655NER KONRAU J.FRIF.DEMANN KNISTIN ARNESON MALLORY 1: �!..y.....
QUY.NTIN T.JOMNSON LARRY J.BERG ROBEPT K.RANl1M
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OF COUNSEL
HAROLD M.FPEDRIKSON fAR1 P.CO:BOR.`. 11.
November 6, 1986
Ms . Nancy Anderson
Community Development Department
City of Hopkins
1010 South First Street
Hopkins, Minnesota 55343
Re: Application for Vacation of Public Road
Dear Ms . Anderson :
Enclosed find the Application for Vacation of Public Road
^� pertaining to the property on the North side of Excelsior
Boulevard between Ninth and Eleventh Avenues .
If you have any questions , please give me a call .
Yours very truly,
��� �
Q
Bertin A. Bisbee , Jr .
BAB: jb
Enclosure
cc - Mr . Jef f Sweet
cc - Mr . Eugene E . Pedersen
BY MESSENGER
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