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CR 95-192 Waiver Of Plat - Tait's Supervalu• • November 1, 1995 Proposed Action: Staff recommends the following motion: Move to approve Resolution 95 -98 approving a waiver of plat to add a portion of the bank property to 25 11th Avenue North. At the Zoning and Planning meeting, Mr. Schumacher moved and Mr. Blair seconded a motion to approve Resolution RZ95 -23, recommending approval of a waiver of plat to add a portion of the bank property to 25 11th Avenue North. The motion carried unanimously. Overview. The applicant, Mike Tait, is proposing that a small piece of the 1st Bank property to the north be added to the Tait's grocery store property. The additional property is required because of the proposed addition to the grocery store building. The Tait lot will be adding two feet from the bank. The applicant is presently working with the bank regarding acquisition of the bank property. • Staff is recommending that the additional property required on the south side of the site will be transferred from the City to Mr.Tait in the form of an easement. Primary Issues to Consider. o What are the properties zoned? o Do the lots meet the requirements for a waiver of plat? o Does the waiver of plat require a park dedication fee? o What occurred at the Zoning and Planning meeting? Supporting Documents. o Analysis of Issues. o Survey. o Resolution 95 -98. Nancy S Planner 1 Y 0 WAIVER OF PLAT -- TAIT'S SUPERVALU Council Report 95 -192 CR95 -192 Page 2 Primary Issues to Consider. o What are the properties zoned? The subject properties are zoned B -2, Central Business. A minimum lot size is not required in the B -2 zoning district. o Do the lots meet the requirements for a waiver of plat? The following are the requirements for a waiver of plat. a) the lot(s) involved in the proposed division are platted. b) the division requested is a substantially single line. c) the division will not create more than one additional lot. d) the division will not require the dedication of a public right -of -way or extension of utilities in a public right -of -way. e) the new lots created conform to all standards of the appropriate district. The new lots created by the waiver of plat meet the requirements for a waiver of plat. o Does the waiver of plat require a park dedication fee? • A park dedication fee is not required if no additional lots are created. In this case, no additional lots are created. o What occurred at the Zoning and Planning meeting? The waiver of plat was discussed with the conditional use permit for the additions on the grocery store. Staff noted that the small addition previously planned on the northwest side of the building has been eliminated. Alternatives. 1. Approve the waiver of plat. By approving the waiver of plat, the applicant will be able to construct the north addition as proposed. 2. Deny the waiver of plat. By denying the waiver of plat, the applicant will not be able to construct the northerly addition as proposed. If the City Council considers this alternate, findings will have to be identified that support this alternative. 3. Continue for further information. If the City Council indicates that further information is needed, the item should be continued. If this item is continued, the conditional use permit for the additions should also be continued because the northerly addition will utilize part of the another lot. W Z urvocu PROPERTY LINE EXISTING PROPERTY LME CT 2' R= 124.50 BLOCK 5R LOT 21 .. T b1 I N INd 17 s _ 2 Ni A D D I T I O N TAIT'S SUPER VALU T R A C T LOT 20 261.36 7 06. = ' t 4 LOT 6 I 0 T 4 LOT 5 2 91' 41' 20" ->Y __ J EXISTING PROPERTY LINE -WOOD FENCE RR SPI Qo , Q A SET I.P. -- -R=09.84-- I . L -- 33.84 -- — 1 5.00 ,�..., .. _— _- PPOSED RO PROPERTY IJNE I R =53.16 N z 91' 37' 44" R SPIKE • CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 95 -98 RESOLUTION MAKING FINDINGS OF FACT TO APPROVE AN APPLICATION FOR A WAIVER OF PLAT AT 25 11TH AVENUE NORTH WHEREAS, an application for Waiver of Plat WVR95 -2 made by Mike Tait to add a portion of the bank property to 25 11th Avenue North is recommended for approval. WHEREAS, the procedural history of the application is as follows: 1. That an application for Waiver of Plat WVR95 -2 was filed with the City of Hopkins on October 24, 1995. 2. That the Hopkins Planning Commission, pursuant to mailed notices, held a meeting on the application and reviewed such application on September 26, 1995, and October 31, 1995. 3. That the written comments and analysis of City Staff and the Planning Commission were • considered. 4. Legal descriptions of the new properties are as follows: Tait's SuperValu Property The Southerly 24 feet of Lot 3, the Westerly 69.84 feet of Lots 4 and 5, the Westerly 69.84 feet of the Northerly 33 feet of Lot 6, the Northerly 33 feet of Lot 19, all of lots 20 and 21, and the Southerly 26 feet of Lot 22, all in Block 69, West Minneapolis Second Division, together with that part of the vacated North -South alley in said Block 69 abutting upon said Lots or parts thereof. Bank Property Lots 1, 2, 23 and 24, and the Northerly 26 feet of Lot 3 and the Northerly 24 feet of Lot 22, all in Block 69, WEST MINNEAPOLIS SECOND DIVISION, together with that part of the vacated North -South alley in said Block 69 abutting said lots or parts thereof. NOW, THEREFORE, BE IT RESOLVED that the application for Waiver of Plat WVR95 -2 is hereby approved based on the following Findings of Fact: BE IT FURTHER RESOLVED, that application for Waiver of Plat WVR95 -2 is hereby approved based on the following conditions: Adopted this 8th day of November 1995. ATTEST: 1. That the waiver of plat meets the requirements for a waiver of plat. 2. That the new lots created meet the minimum requirements for the B -2 district. 1. That the waiver of plat is recorded with the Hennepin County Recorder. 2. That the applicant secures the necessary title to the subject property from 1st Bank. James A. Genellie, City Clerk Page 2 Charles D. Redepenning, Mayor