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CR 91-08 Waiver Of Plat - City Of Hopkins ( " _." '\1 . _.c-._"'_ "'( y ',. \ 0 . ' ~ '.70 o ~ December 31, 1990 P K \ Council Report 91-8 WAIVER OF PLAT - CITY OF HOPKINS Pro-posed Action. Staff recommends approval of the following motion: Move to adopt Resolutions R91-1 and R91-2 approving the division of the parcel 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 HopkinsHRA 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. Primary Issues to Consider. . o Do the new parcels meet the zoning requirements? " 0 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 . 0 Resolution No: 91-1 o Resolution No: 91-2 f2~ .ef /h.;A~~/ Nancy Anderson Planner :r ~ ~ 'j . Council Report: 91-8 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 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 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 existi~g use is terminated. . ...;."" i ; . 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. 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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 'II.. ~ . ~ "t . CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 91-2 A RESOLUTION WAIVING PLATTING REQUIREMENTS TO DIVIDE THE LOT AT 902 MAIN STREET 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 ;.." ...... ~ ,,'" :..J ;;;- . 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 / .