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CR 98-160 Waiver Of Plat - 10889 Excelsior BlvdSeptember 30, 1998 WAIVER OF PLAT - 10889 EXCELSIOR BOULEVARD Council Report 98 - 160 Proposed Action. Staff recommends the following motion: Move to approve Resolution 98 -68, approving a waiver of plat to divide the lot at 10889 Excelsior Boulevard. At the Zoning and Planning meeting, Mr. Gleeson moved and Mr. Gross seconded a motion to approve Resolution RZ98 -24, recommending approval of a waiver of plat to divide the lot at 10889 Excelsior Boulevard. The motion was approved unanimously. Overview. The applicant, The Beard Group, is proposing to move the lot lines on the vacant lot west of 10889 Excelsior Boulevard to facilitate development of a bank and office- warehouse development. In order to develop the property with the minimum setbacks, the north -south and east -west lot lines will be moved. The north -south lot line will move to the east and the east -west lot line will move to the north. Primary Issues to Consider. • What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? • Do the lots meet the requirements for a waiver of plat? Do the new lots meet the minimum lot size for the I -1 zoning district? • What will be constructed on the vacant lot? • Is a park dedication fee required? What was the discussion at the Zoning and Planning meeting? Supporting Documents. • Analysis of Issues • Survey • Resolution 98 -68 Nancy Anderson, AICP Planner CR98 -160 Page 2 Primary Issues to Consider. What is the zoning of the designated the subject site? The lot is zoned I -1, Industrial. industrial. property, and how has the Comprehensive Plan Do the lots meet the requirements for a waiver of plat? The Comprehensive Plan has designated the site as The following are the requirements for a waiver of plat: 500.61 Waiver of Plat. Subdivision 1. In certain circumstances a waiver of plat may be more ` appropriate than a subdivision to divide a property. An applicant may apply for a waiver of plat if the following circumstances exist: a) the division requires substantially a single line b) the division will not create more than one additional lot c) the division will not require the dedication of a public right -of -way or extension of utilities in a public right -of -way d) the new lots created meet or exceed the existing conditions The lots meet the requirements for a waiver of plat. • Do the new lots meet the minimum lot size for the I -1 zoning district? The minimum lot size in the I -1 zoning district is 10,000 square feet. The two lots will meet this requirement. The following are the areas of the two parcels: • Parcel A • Parcel B 127,567 square feet 214,271 square feet What will be constructed on the vacant lot? The applicant is proposing to construct a bank and an office- warehouse on the vacant lot. Is a park dedication fee required? A park dedication fee will not be required because no new lots will be created. CR98 -160 Page 3 What was the discussion at the Zoning and Planning meeting? Ms. Anderson stated that the waiver of plat was needed to get the minimum setbacks for the proposed development and that both lots met the minimum zoning requirements. Alternatives. 1. Approve the waiver of plat. By approving the waiver of plat, the applicant will be able to construct the development as proposed. 2. Deny the waiver of plat. By denying the waiver of plat, the applicant will not be able to construct the development as proposed. If the City Council considers this alternative, 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. RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A WAIVER OF PLAT AT 10889 EXCELSIOR BOULVEARD WHEREAS, an application for Waiver of Plat WVR98 -3 has been made by Stiele Bakken Investments LLC, and WHEREAS, the procedural history of the application is as follows: 1. That an application for Waiver of Plat WVR98 -3 was made by Stiele Bakken Investments LLC on August 28 1998; 2. That the Hopkins Zoning and Planning Commission, pursuant to mailed notice, held a meeting on the application and reviewed such application on September 29, 1998: all persons present were given an opportunity to be heard; CITY OF HOPI`►INS Hennepin County, Minnesota RESOLUTION NO: 98 -68 That the written comments and analysis of the City staff were considered; and A legal description of the parcels is as follows: Parcel A That part of Lot 2, Block 1, STIELE ADDITION, according to the recorded plat thereof, which lies easterly and northerly of the following described line: Commencing at the northwest corner of said Lot 2; thence on an assumed bearing of East, along the north line of said Lot 2, a distance of 26.11 feet; thence north 1 degree 25 minutes 47 seconds East a distance of 10.00 feet to the point of beginning of the line to be described; thence South 1 degree 25 minutes 47 seconds West a distance of 485.49 feet; thence South 88 degrees 34 minutes 13 seconds East a distance of 280.00 feet and said line there terminating. Parcel B Lot 1 and that part of Lot 2, Block 1, STIELE ADDITION, according to the recorded plat thereof, which lies westerly and southerly of the following described line: Commencing at the northwest corner of said Lot 2; thence on an assumed bearing of EAST, along the north line of said Lot 2, a distance of 26.11 feet; thence North 1 degree 25 minutes 47 seconds East a distance of 10.00 feet to the point of beginning of the line to be described; thence South 1 degrees 25 minutes 13 seconds West a distance of 489.49 feet; thence South 88 degrees 34 minutes 13 seconds East a distance of 280.00 feet and said line there terminating. RESOLUTION NO: 98 -68 Page 2 NOW, THEREFORE, BE IT RESOLVED that application for Waiver WVR98 -3 is hereby approved, based on the following Findings of Fact: 1. That the new lots meet the minimum lot size for the I -1 zoning district. 2. That the lots meet the requirements for a waiver of plat. Adopted this 6th day of October, 1998 ATTEST: Terry Obermaier, City Clerk Charles D. Redepenning, Mayor 40 0 40 80 120 Scale in Feet - LE ADDITION, Hennepin County PARCEL A 1. SIDLE ADDmON, according to the recorded plot thereof, theriy of the following described line: rt the northwest corner of said Lot 2: thence on on assumed ng the north line of said Lot 2. a distance of 26.11 feet; ee 25 minutes 47 seconds East a distance of 10.00 feet to W of the line to be described; thence South 1 degree 25 est a distance of 485.49 feet: thence South 88 degrees 34 East a distance of 280.00 feet and said tine there PARCEL B t 2. Block 1, STELE ADDITION, accond'mg to the recorded plat and southerly of the following described line: it the northwest comer of said Lot 2: thence on an assumed ng the north line of said Lot 2, a distance of 26.11 feet; ee 25 minutes 47 seconds Eost a distance of 10.00 feet to ng of the line to be descrbed; thence South 1 degree 25 West a distance of 485.49 feet; thence South 88 degrees 34 Eost a distance of 280.00 feet and said fine there tion as shown. • 909.88 (NGVD 1929) OTES: — Denotes iron monument. I shown are bused on the north Inc of Block 1, 1DOfT10N having on assumed bearing of East Block 1, STIELE ADDRION: 341.838 se. ft or 7.8475 acres ,perty is in Flood Zone A10 and 8 per Community — umber 270166 0002 B, Effective Dote Ioy 5. 1981. State One Coll Ticket Number 33562 dd not generate response. phic data for Lot 2 was collected on 3 FEB 1998. not time re— construction of County State Aid Ifghway 3 has begun. We hove mode no attempt to update 'graphic details along the highway since they ore g deity. Topographic data for Lot 1 was collected on 1998. ▪ 214.271 Sq. Ft. or 4.92 Acres ▪ 127.567 Sq Ft. or 2.93 Acreg 341.838 Sq. Ft. or 7.85 Acres following abbreviotion denotes estimated dameter s, three feet above ground level_ The second (if any) denotes the number of trunks at that (1 denotes o dead tree.) following shrubs denotes its d,ometer of feel notes deciduous tree. () Denotes shrub. notes coniferous tree. iw" Denotes tree drip Tine. notes Ash notes Arbor Vitae notes Balsam Fir notes Bosswood notes Birch n otes Box Elder notes Butternut notes Bush notes Catolpa " notes Cedar notes Cherry notes Cottonwood notes Dogwood notes Elm notes Fruit notes Gingko notes Hockbeny notes Horse Chestnut notes Ironwood notes Juniper notes Kentucky Coffee notes Lilac notes Locust notes Maple notes Yugo Pine notes Ook notes Pane notes Poplar notes Russian Olive notes Silver Maple notes tree t..ergreen notes teo!nut notes e4ow Example: 0 BE.8.2 SCHOELL & MADSON, INC. 04C1EER$ • SURVEYORS s PLANERS SOIL TESTING • ENVIRONMENTAL. SERVICES 10550 WAYZATA BOULEVARD. SURE 1 MINfETONKA, MN SS305 (612) 546 -7801 FAX 546 -9055 wwv schoe nodson earn BOOK: 554L PAGE: 48 (90.72) C� hens and BANK 44.• Hopki 109 Excelsior Blvd. Hopkins, MN 55343 NF Miele end Bakken Imeetment Co, LLC Ed Hood* Auto Body 10889Excelior bd. Ho! m, 111 55343 Ort her Awl It N Revise& 0 09-02-91 SHEET NO_ 09-25 -9e MI LOT LIES STEE 30 MOWN 09-29 NEW LOT DE9CAFT ON9 BEARD G R O U P 1 40 % H C 10 Eleventh Ave_ 93 Hopkins, AM 55349 (612) 930-0830 fax 930 -0531 CERTIFICATION I HEREBY CERTIFY THAT INS SURVEY WAS PREPARED UNDER NY SUPERVISION AND THAT 1 AM A UCENSED LAND SURVEYOR LMOER THE LAWS OF THE STATE OF MINNESOTA 041E 3 FEB 1998 REG No 19840 t t em 73 et, 1•14•1/41I •.11.. CHECKED PROJECT 80. 80478 -013 • TOPOGRAPHIC SURVEY & PROPOSED LOT DIVISION & RECOMBINATION S.M.L PROJECT NO. 60478 -013