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CR 91-57 Alley Vacation - Marcus Corporation . ~!;?I ~ . . February 27, 1991 Council Report: 91-57 ALLEY VACATION - MARCUS CORPORATION Proposed Action. staff recommends approval of the fOllowing motion: Move to adopt Resolution No. 91-23 approvinq Ordinance 91-673 to vacate the north/south alley in Block 3, West Minneapolis for first reading. Approval of this motion will vacate the north/south alley in Block 3, West Minneapolis. The Commission on a 5-0 vote recommended approval of Resolution RZ91-7 approving Ordinance 91-673 to approve the vacation of the north/south alley in Block 3, West Minneapolis. Mr. Maxwell abstained. Overview. The applicant is proposing to construct a theater on the Burschs site. The applicant has also applied for a conditional use permit. There is an alley located on the east side of the existing Bursch building. with the proposed new construction the new theater will be located just on the west side of the alley. The alley is being requested to . be vacated to allow the theater to have the required 10 foot rear yard setback. Staff explained to the Planning Commission that the vacation of the alley was needed to facilitate the construction of the theater. It was noted the alley did not provide access to the apartments to the south. There was little discussion by the Planning Commission on this item. primary Issues to Consider. 0 Is the alley needed for a public purpose? 0 Is there an impact to the surrounding properties with the alley vacation? 0 Are there any utilities located in the alley? sup~ortinq Documents. 0 Analysis of Issues 0 Alternatives 0 Resolution No: R91-23 0 Ordinance No. 91-673 . . CR: 91-57 Page 2 Primary Issues to Consider. o Is the alley needed for a public purpose? The purpose of the alley remaining was to allow access for fire vehicles. Now with the construction of the new theater, the City will own the parking area to the east of the theater. The city owned parking area will allow the same access as with the alley because it is a public parking area. o Is there an impact to the surrounding properties with the alley vacation? This alley does not provide access to anything other than the parking lot and another fire access to the apartments. The apartments to the east do not have access to their underground garage because the tenants have to cross private property to access their driveway to the underground garage. Al though the tenants may use the alley to the underground garage, part of this access is over private property and . could have been denied at any time by the previous owners of the site. The tenants have access to their underground garage from 7th Avenue. o Are there any utilities located in the alley? The only other major issue relates to utilities located in this alley. The alley presently contains storm sewer and an NSP line. As relates to the storm sewer, the developer has agreed to share the cost of relocating this line with the city. In discussion with NSP, they stated there was no problem with relocation of this line. Alternatives. 1. Approve the vacation of the alley. By approving the vacation the applicant will have the required 10 foot setback. 2. Deny the vacation of the alley. By denying the vacation of the alley, the proposed theater will not have the required 10 foot setback required. A variance will have to be granted for the construction of the theater. 3. Continue for further information. If the Council indicates that further information is needed, the item should be ~ continued. / .:.: ~ , .;!' .~ '- J .J , e J ~ I---- - - , ... )C n ... . r .. , i . \... ) '~ ~ J \ AV'f 10 , ~ r ) ( ...' .... r ~ r ~ r--\ ,! Q I -- - - ~ - -- ~ .~ t -- . / , i: D . ) l ) "- } \.. ~ AVI SO -') r \ r\ r ... ,----... I. . } LUrCD LLtrLD , . ~ - . . J f '"'/~"" "l"~ I LLcIJJ dTtlJ~-,.J-, - I " , .,- - -, . ~ ' . ~ I] .' ~ ~ . ) - -.-J \. j \, ) '-----' '- J . 7"' AVI 10 i~i 0 0 0 0 0 0 ~ I c I . ~ .. r .- a .- -:. ~ -, . . l .. . CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 91-23 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING APPLICATION FOR VACATION OF THE NORTH/SOUTH ALLEY IN BLOCK 3, WEST MINNEAPOLIS WHEREAS, an application by Marcus Corporation for vacation of the north/south alley in Block 3, West Minneapolis VAC:91-1 is hereby approved. WHEREAS, the procedural history of the amendment is as follows: 1. That the application for vacation of the north/south alley in Block 3, West Minneapolis was filed with the city of Hopkins on January 10, 1991. 2. That the Hopkins Planning Commission reviewed such application on February 26, 1991. 3. That the Hopkins Planning Commission, pursuant to published and mailed notices, held a public hearing on February 26, 1991; 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 VAC:91-1 lS hereby approved subject to the following Findings of Fact: 1. That the alley is not needed for a public purpose. BE IT FURTHER RESOLVED, that application for VAC: 91-1 is hereby recommended for approval subject to the following Conditions: l. That the vacation of alley is only effective upon the theater being constructed. 2. That the applicant provide a utility easement for the NSP line to the appropriate party. 3. That the applicant provide a utility easement for the storm sewer if needed in the future. Adopted this 5 day of March, 1991. . Nelson W. Berg, Mayor ATTEST: James A. Genellie, city Clerk , . CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 91-673 ORDINANCE VACATING THE NORTH-SOUTH ALLEY IN BLOCK 3, WEST MINNEAPOLIS CENTER THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: That the following described thoroughfare in the following designated area of the city of Hopkins, viz: All that portion of the North-South alley lying south of a line drawn across said alley from the northeast corner of Lot 8 to the northwest corner of Lot 45, and lying north of a line drawn across said alley from the southwest corner of lot 10 to the southeast corner of . lot 43, all in Block 3, West Minneapolis, Hennepin County, Minnesota. be and the same is hereby vacated as a public thoroughfare. First Reading: March 5, 1991 Second Reading: March 19, 1991 Date of publication: April 3, 1991 Date ordinance is Effective: April 23, 1991 Nelson W. tserg, Mayor ATTEST: James A. Genellie, city Clerk .