04-28-199201_''Hlry OF RH(CZFH91z
Planning Commission
AGENDA
April 28, 1992
7:00 p.m.
f p Iar•ca -><1 cal' Minute'
Regular Planning Commission meeting of February 25, 1992.
l "ul li• 11'>lr•In
ITEM #1 92 -CUP -2 7440 Penn Avenue
Parent - Infant Education Program
Amendment to CUP to increase
program enrollment from 25
children to 40 children.
ITEM #2 '92 -SD -2 7629 -35 and 7639 -45 Logan Avenue
Leaseback Properties Limited
Partnership,
Subdivision waiver to divide parcel
into two separate lots.
M81W Buonn(E)00
ITEM #3 Information Letter #7 Quarterly report of Administrative Review
Committee
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lI. 'I I0I nrt
School Board -
Community Services Advisory Commission
HRA
City Council
AdHoc 135/1494 Traffic Committee
L- 'iC_()UI "IllltlE'_'llt
CITY OF RICHFIELD
PLANNING COMMISSION MINUTES
February 25, 1992 - Regular Meeting
MEMBERS PRESENT: Chairperson William Snyder; Commissioners:
Nancy Edwardson, Robert Elliott, Timothy
Erlander, Michael Gallagher, Daniel
Linnihan, and Morris Nilsen II
MEMBERS ABSENT: Commissioners Thomas Scaglia and David
Sumnicht
COUNCIL LIAISON: Martin Kirsch, Mayor
STAFF PRESENT: Byron Wallace, Community Development
Director; Bill Weaver, City Planner;
and Shawn Drill, Zoning Administrator
The Planning Commission meeting was called to order by
Chairperson Snyder at 7:30 p.m.
APPROVAL OF MINUTES
M /Erlander, S /Linnihan to approve the minutes of the
regular Planning Commission meeting of January 28, 1992.
Motion carried: 6 -0
PUBLIC HEARINGS
Commissioner Edwardson arrived.
ITEM #1 92- REPLAT -1 6625 LYNDALE AVENUE SOUTH,
RICHFIELD STATE AGENCY, INC.,
REPLAT PROPERTY INTO THREE SEPARATE PARCELS
Zoning Administrator Drill presented the staff report. Mr.
Drill discussed Richfield State Agency's request to replat their
property in order to simplify the lengthy legal description. He
stated that the bank recently acquired full ownership of the two
block area consisting of approximately 30 individual lots. The
replat would consolidate the property into three lots. Mr. Drill
reviewed the site plan, noting that there are no proposed changes
to the site. He said the City will continue to recognize the
r
Planning Commission Minutes
February 25, 1992
Page 2
property as a planned unit development, with all existing
conditional use permits and off - street parking permits remaining
in force. Staff recommended approval of the replat with two
stipulations.
Jan Susee, representing Richfield State Agency, stated that
the purpose of the request was to simplify the cumbersome legal
description. He said there are no plans to make any physical
changes to the site. He also stated that all streets and alleys
within the site have been vacated by previous Council action.
Responding to Chairperson Snyder's question, Mr. Susee
stated that the only remaining home on the site is currently
being leased out for residential use.
Larry Wozniczka, 6744 Wentworth, inquired as to why the
parcel would be divided into three lots rather than one large
lot. Mr. Susee responded that the .proposed lot arrangement
corresponds well with the original subdivisions, and that it is
also the most convenient for any future use of the property.
Responding to Commissioner Elliott's question, Mr. Susee
stated that there are presently no plans to make any further
development on the site.
M /Elliott, S /Gallagher to close the public hearing.
Motion carried: 7 -0.
M /Elliott, S /Linnihan to recommend approval of the replat
with the following Stipulations:
1. That the applicant demonstrate that all current taxes
payable have been paid in full.
2. That the applicant provide the City with evidence of
clear title.
Motion carried: 7 -0.
ITEM #2 92 -SD -1 7701 -05 MORGAN AVENUE SOUTH,
LEASEBACK PROPERTIES LIMITED PARTNERSHIP,
SUBDIVIDE PROPERTY INTO TWO SEPARATE LOTS
Zoning Administrator Drill presented the staff report. He
stated that the request consisted of subdividing the parcel at
7701 -05 Morgan into two separate lots. He said that two
principal buildings occupy the property and that this subdivision
Planning Commission Minutes
February 25, 1992
Page 3
request would allow separate ownership of the buildings. Mr.
Drill reviewed the site plan, noting that there would be no
physical changes to the site. He stated that variances for lot
area, lot width, and setback would be required from the Hearing
Examiner. He also stated that Parcel B would include a 20 foot
wide strip of land behind Parcel A, providing access between the
loading dock of 7705 Morgan and 77th Street. A restrictive
covenant would be placed on this strip to restrict any future
development. Mr. Drill stated that the applicant would secure a
cross - parking easement for the two properties; and that the west
30 feet of the property would be dedicated to the City. He also
stated that parking availability on the site is limited, however,
because this is an existing condition, no changes in parking were
recommended. Staff recommended approval of the subdivision with
five stipulations.
Responding to Chairperson Snyder's question, Mr. Drill said
that the tenant at 7701 Morgan Avenue would stay the same, and
7705 Morgan would have a new owner.
Michael Thornton, representing Leaseback Properties Limited
Partnership, stated that the subdivision would facilitate the
sale of 7705 Morgan. He stated that Leaseback Properties agreed
with all stipulations except #2, regarding B -618 curb and gutter.
Mr. Thornton stated that the existing curbing is in good
condition and replacement with B -618 curb and gutter would be
very costly.
Mr. Drill stated that the apron along Morgan Avenue does not
meet city standards. A curb cut radius is needed to bring the
drive entrance up to city standards.
Responding to Community Development Director Wallace's
question, Mr. Thornton stated that no curb cuts would be closed.
Mr. Wallace stated that Morgan Avenue is a one -way street going
south, and people often drive north through the parking lot to
avoid the one -way.
City Planner Weaver discussed the MnDOT Type B -618 curb and
gutter, and why it is a standard requirement by the City.
Responding to Commissioner Gallagher's questions, Mr. Weaver
stated that the existing curb is probably a twelve inch concrete
curb. He added that the existing curb does not have a gutter.
Responding to Commissioner Linnihan's question, Mr. Drill
stated that the recommendation from the Engineering Department
was to replace all the curbing. He stated that the Planning
Commission. could recommend total curb replacement, or could
recommend that only the apron along Morgan Avenue.be upgraded to
City standards.
Planning Commission Minutes
February 25, 1992
Page 4
Mr. Weaver stated that a new apron along Morgan Avenue was
critical, and must be designed to Richfield's standards for
driveway radius. He also said the apron should be wrapped so it
ties into the existing curbing.
Responding to Commissioner Edwardson's question, Mr. Weaver
stated that the City can require upgrading of substandard curbing
whenever a property owner requests any type of planning approval.
M /Edwardson, S /Gallagher to close the public hearing_
Motion carried: 7 -0.
M /Linnihan, S /Elliott to recommend approval of the
preliminary plat with the following stipulations:
1. That the west 30 feet of the property (east one -half of
Morgan Avenue) be dedicated to the City of Richfield.
2. That a new apron pursuant to Richfield's standards be
installed at the Morgan Avenue entrance, which ties into the
existing curbing
3. That the parking area be screened per the landscape
requirements.
4. That the Hearing Examiner grant the necessary variances.
5. That the applicant provide the City with evidence of
clear title.
Motion carried: 7 -0.
NEW BUSINESS
ITEM #3 INFORMATION LETTER #3 AMENDMENT TO SECTION 510.23
OF THE ZONING ORDNANCE WHICH WOULD RESTRICT
AUTOMOBILE REPAIR IN RESIDENTIAL DISTRICTS
Public Safety Director Erskine presented the staff report.
He stated that the amendment to Section 510.23 regarding Home
Occupations would clarify the enforcement of automobile repair in
residential districts.
Planning Commission Minutes
February 25, 1992
Page 5
Mr. Erskine stated that public safety has addressed several
complaints regarding apparent violations of an ordinance
prohibiting auto repair businesses in residential areas. He
stated that these violations have resulted in very costly and
lengthy legal battles, and have left neighbors frustrated with
the City. Staff recommendation was to approve the proposed
ordinance amendment.
Responding to Commissioner Linnihan's question, Mr. Erskine
stated that the standard procedure for enforcement of this type
of ordinance was to send a letter to the alleged violator telling
him to cease and desist. If compliance is not achieved, a second
letter is sent. If compliance is still not achieved, the City
may file a complaint. Mr. Erskine said that the ordinance must
have strong language to be enforceable.
Responding to Commissioner Gallagher's question, Mr.
Erskine stated that the most recent violators were major car
repair operations. He stated that this amendment was not
targeted at people who repair a friend's car on a Saturday
afternoon.
Responding to Commissioner Nilsen's question, Mr. Erskine
stated that the ordinance would apply to all residential
districts including multiple family residential.
Mr. Erskine discussed how this ordinance would apply to
leased vehicles and company cars.
Commissioner Gallagher commented that the strong language
concerned him, but that he had confidence in the way Richfield
enforces it's City Codes.
M /Edwardson, S /Nilsen to recommend that the City Council
approve the proposed ordinance amendment, restricting automobile
repair in residential districts.
Motion Carried: 7 -0.
ITEM #4 INFORMATION LETTER #4 - ELECTION OF PLANNING
COMMISSION CHAIRPERSON, VICE- CHAIRPERSON AND
SECRETARY
M /Erlander, S /Elliott to nominate William Snyder for
Chairperson.
Nominations closed, white ballot cast.
Motion carried: 7 -0.
Planning Commission Minutes
February 25, 1992
Page 6
M /Erlander, S /Elliott to nominate Morris Nilsen,,_II for
Vice- Chairperson.
Nominations closed, white ballot cast.
Motion carried: 7 -0.
M /Gallagher, S /Linnihan to nominate Tim Erlander for
Secretary.
Nominations closed, white ballot cast.
Motion carried: 7 -0.
ITEM #5 INFORMATION LETTER #5 - APPROVAL OF PLANNING
COMMISSION BYLAWS
Chairperson Snyder announced that the Planning Commission
could vote on those motions moved and seconded at the previous
meeting relating to bylaws.
M /Erlander, S /Linnihan on January 28, 1992 to amend Part I,
Section 1 of the Bylaws, changing the meeting start time from
7.30 p.m. to 7.00 p.m.
Motion carried: 6 -1 (Gallagher opposed).
M /Gallagher, S /Erlander on January 28, 1992 to amend Part I,
Section 5 of the Bylaws,_ changing aquorum from six members to
five members.
Motion carried: 7 -0.
M /Scaglia, S /Erlander on January 28, 1992 to amend Part I,
Section 6 of the Bylaws, requiring that all recommendations to
Council have a minimum of four consenting votes from the Planning
Commission.
Motion carried: 7 -0.
M /Scaglia, S /Gallagher on January 28, 1992 to repeal Part
III, Section 3 of the Bylaws, which requires annual review of the
Bylaws.
Motion denied: 7 -0.
Planning Commission Minutes
February 25, 1992
Page-7
ITEM #6 INFORMATION LETTER #6 - APPOINTMENT OF LIAISONS TO
THE COMMUNITY SERVICES ADVISORY COMMISSION, CITY
COUNCIL, HRA AND SCHOOL BOARD
Chairperson Snyder volunteered to serve as liaison to the
Community Service Advisory Commission for 1992. Commissioner
Elliott will serve as alternate.
Community Development Director Wallace will serve as liaison
to the City Council and the Housing and Redevelopment Authority
HRA) for 1992. Mayor Kirsch stated that the City Council would
appreciate representation from a Planning Commissioner at those
Council meetings where major planning issues are discussed.
Commissioner Linnihan volunteered to serve as liaison to the
School Board, Commissioner Nilsen will serve as first alternate,
and Commissioner Elliott will serve as second alternate.
Commissioner Scaglia will be asked if he wishes to continue
serving on the Ad Hoc Traffic Committee.
OLD BUSINESS
None.
LIAISON REPORTS
School Board: None
Community Services
said that the Jefferson
last Council meeting.
HRA: Mr. Wallace
schedule. He also said
building owner plans to
Advisory Commission: Chairperson Snyder
Park improvements were approved at the
stated that the Rainbow project is on
that Best Co. is closing, however, the
find a new tenant for the site.
City Council: Mr. Wallace stated that the City Council
approved the Head Start program at 7001 Elliot, and also approved
the subdivision request at 7215 Logan. He said that New Ford
Town and Rich Acres residents will hold a public meeting on
February 26, 1992 to discuss the buyout issues.
Planning Commission Minutes
February 25, 1992
Page 8
Ad Hoc Traffic Committee: None.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:45 P.M.
imothy rlander
Planning Commission Secretary
planning commission
ACTION REQUEST
Item: # 1 Agenda Section: Public Hearing -
Case: #92 -CUP -2 Date: April 28, 1992
GENERAL INFORMATION
Petitioner: Parent - Infant Education Program, Intermediate District #287
Location: Lincoln Hills Center, 7440 Penn Avenue South
Type of Request: Amendment to conditional use permit for day care facility.
Zoning: R- residential
Land Use: School
Comp. Plan: Institutional
References: (see attached Citations section for excerpts)
Zoning Code: Section 515.07 outlines conditional uses in the R district.
Section 545.09 outlines the requirements for conditional use permit
approval.
ACTION
Proposed Change: Increase program enrollment from 25 children to 40 children. No physical
changes are proposed.
Staff
Recommendation: Recommend approval to City Council.
Public Notice:
City Council:
PC -PENN. DOC
HISTORY
Notice of public hearing was mailed to property owners within 350 feet of
the subject property.
Planning Commission action would set a City Council hearing date of May
11, 1992.
ANALYSIS
pes: The Parent - Infant Education (PIE) program provides a comprehensive
service to school -aged parents and their children. Services provided include
day care for children of the student parent, transportation, and specialized
parenting classes.
In 1990, the Council approved a conditional use permit to allow 25 children
in the PIE program. They are now proposing to utilize an additional
classroom to allow up to 40 children.
The drop -off and pickup area would remain on the site close to the building
entrance. Daycare hours would remain 7:30 a.m. to 4:00 p.m. on
weekdays. No physical changes to the Center are proposed.
RECOM1ViENDATIONS
Recommended
Action:
Preferred: Recommend that the City Council approve the amendment to the conditional
use permit for Parent - Infant Education at Lincoln Hills Center.
Boris: 1. Lincoln Hills Center is used primarily for special education programs.
The PIE Day -care program is compatible with other uses in the Center.
2. Adequate on -site parking is available for staff.
3. Adequate play area is provided on the site.
Alternative: Recommend that the City Council deny the request with a finding of fact
that the proposal would have an adverse impact on surrounding properties.
ZONING CODE:
CITATIONS
Section 515 Zoning: residence districts
515.07. Conditional uses. Subdivision 1. The uses listed in this subsection are conditional uses permitted in the
R district.
515.07, Subd. 2 Daycare centers for more than 12 persons licensed by the appropriate governmental authority,
group family day care facilities licensed under Minnesota Rules, parts 9502.0445 serving more than 14 persons or
as otherwise permitted by law. (Amended, Bill No. 1990 -17).
Section 545 Zoning: adjustment: appeals: administration
545.09. Conditional use permits. Subdivision 1. Issuance. Conditional use permits may be issued for any of the
following:
a) any of the uses of purposes of which a conditional permit is required or permitted by this code;
PC -PENN. DOC
b) public utility or public service uses or public building when found to be necessary for the public health,
safety, convenience or welfare;
c) commercial excavating or natural materials used for building or construction purposes;
d) to classify as a conforming use any institutional use existing in any district at the time of the establishment
of such district;
e) to permit the location of any of the following uses in a district from which they are excluded by the
provisions of this code: airport, library, community center, church, hospital and institutional of an educational,
philanthropic or charitable nature, cemetery, crematory, mausoleum or any other place for the disposal of human
dead; and
f) for use determined pursuant to subsection 505.11.
Subd. 2. Limitation. A conditional use permit may not be issued for (i) the purpose of granting an adjustment
or appeal, (ii) for any use not authorized for the zoning district for which the permit is sought, (iii) nor for
prohibited use.
Subd. 3. Application. Application for the issuance of a conditional use permit is made to the director.
Proceedings to classify certain uses as conforming uses may be initiated either by an applicant or by the council.
Amended, Bill No. 1988 -7)
Subd. 4. Public hearing. The council may hold such hearings on the proposal to issue a conditional use
permit as it may consider necessary; but at least one public hearing shall be held by the board or by a committee
of commission to be designated by the board in any application for a conditional use permit for the establishments
of any use listed in subdivision 1, paragraphs a and f. (Amended, Bill No. 1988 -7)
Subd. 5. Conditions. The council may not grant a conditional use permit unless it finds that the
establishment, maintenance or operation of the use for which the conditional use permit is sought will not under
the circumstances of the particular case be detrimental, (i) to the health, safety, morals, comfort, convenience or
welfare of the persons residing or working in the neighborhood of the use, or (ii) to the public welfare or
injurious to property or improvements in the neighborhood. (Amended, Bill No. 1988 -7)
Subd. 6. Other conditions. The council may not grant a conditional use permit unless it finds that the
establishment, maintenance or operation of the use for which the conditional use permit is sought is in compliance
with the (i) comprehensive municipal plan, (ii) an officially adopted redevelopment plans and urban design
guidelines, and (iii) applicable parking regulations and landscape guidelines. (Amended, Bill No. 1988 -7)
Subd. 7. Compliance. The council may impose conditions and require guarantees in the granting of
conditional use permits. Any use permitted under the terms of any conditional use permit shall be established and
conducted in conformity to the terms of the permit and of any conditions imposed. If any person violates a term
of the permit or any condition imposed by the council in connection with the grant or issuance of a conditional use
permit, the council may revoke such permit and all rights attributable to such permit. In considering the
revocation of a conditional use permit, the city shall proceed as follows:
a) Complaint. The director shall review any complaints received by the city involving property which is
subject to a conditional use permit, and shall determine whether, in the director's judgment a violation of the
terms or conditions of any conditional use permit appears to have occurred.
b) Notice of apparent violation. If the director determines that an apparent violation of such terms and
conditions exists, the director shall cause a notice of violation to be mailed to the owner of the property or
owner's agent and to any other person known to the city to be conducting the use for which the conditional use
permit was granted. The notice shall:
1) be in writing;
PC- PENN.DOC
2) particularize the violation or violations found to apparently exist and particularize the remedial
actions which must be taken to achieve compliance with the terms and conditions of the conditional use permit;
3) provide a reasonable time, but not less than ten days, for the recipient to remedy the violation or
violations particularized in the notice; and
4) inform the recipient that if the particularized violations are not remedied within the stated time
period, the director will request the council to consider revocation of the conditional use permit.
c) Failure to comply. When notice has been given in accordance with clause (b) above and the recipient has
failed to correct the violations particularized in the notice within the time allowed, the director shall refer the
matter to the city manager with a recommendation that a hearing be held by the council to consider the revocation
of the conditional use permit. A copy of the director's recommendation shall be mailed to the same persons who
previously were mailed the notice of violation.
d) Scheduling of hearing. If the city manager concurs in the recommendation of the director, the manager
shall schedule a hearing before the council to consider revocation of the conditional use permit. The date of the
hearing shall be as soon as is reasonably convenient.
e) Upon the scheduling of the hearing, the director shall furnish mailed notice of such to the same persons
who were mailed notice of the violation. The notice shall:
1) state the time, date and location of the hearing;
2) describe with particularity the violations or violation which will form the basis of the director's
recommendation to the council;
3) describe the recommendation which the director intends to make to the council with respect to
revocation; and
4) inform the recipient of its opportunity to be present at the hearing, to be represented by legal counsel
during the hearing, to present testimony and evidence and to cross - examine witnesses.
The director shall also provide a notice containing the information described in subparagraphs (1), (2) and (3) of
this paragraph to all other persons who would have been entitled to notice had the hearing been to consider the
granting of the conditional use permit.
f) Determination. At the conclusion of the hearing, or as soon thereafter as is reasonably possible, the
council shall render its written decision. The decision shall state the terms and conditions of the conditional use
permit found to have been violated; and shall state the determination of the council with regard to revocation of
the conditional use permit. The council may, in lieu of revocation, permit the conditional use permit to continue
subject to such further or additional terms and conditions as in its judgment are necessary to insure compliance
with the conditional use permit. The council's written findings and determination shall be mailed to the persons
who were mailed the director's notice of violation. If a conditional use permit is revoked, all uses and activities
which are permitted only by such conditional use permit shall immediately cease. And all other licenses and
permits issued by the city which require, as a condition of their issuance, the existence of the conditional use,
shall be subject to termination in the manner set forth in this code or other applicable law. (Added (a) -(f), Bill
No. 1988 -7)
Subd. 8. Time limitations. A conditional use permit expires one year after it has been issued unless (i) the
use for which the permit has been granted has commenced within one year or (ii) upon written application of the
owner of the affected land the board extends the expiration date of such permit for an additional period not to
exceed one year.
Subd. 9. Fee. The fee for a conditional use permit is set by appendix D.
Subd. 10. Other remedies. In addition to the procedure set forth in subdivision 7, the city may exercise, with
or separately from such procedure, all and any other remedies and actions available to the city including, but not
limited to those contained in sections 320 and 115 of this code. (Added, Bill No. 1988 -7)
PC- PENN.DOC
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Item: #2 Agenda Section: Public Hearing
Case: #92 -SD -2 Date: April28, 1992
GENERAL INFORMATION
Petitioner: Leaseback Properties Limited Partnership
Location: 7629 -35 and 7639-45 Logan Avenue South
Type of Request: Subdivision waiver
Zoning: C -2, general commercial
Land Use: Commercial
Comp. Plan: Freeway strip
References:
City Ordinance: Section 500.05 of the City Code outlines the procedures relating to
subdivision waiver.
ACTION
Proposed Change: Division of parcel into two separate lots with a commercial building on each
lot. No physical changes will be made except to meet the noted
stipulations.
Staff
Recommendation: Recommend approval of the subdivision waiver with stipulations.
HISTORY
Public Notice: Notice of the Planning Commission's consideration and public hearing was
mailed to all property owners within 350 feet of the subject property.
Hearing A public hearing for the setback variances was held on April 21, 1992. A
Examiner: decision has not yet been rendered.
City Council: Planning Commission action would set a City Council public hearing date of
May 11, 1992.
7645 -LOG. DOC
ANALYSIS
jsues: Leaseback Properties Limited Partnership is requesting a subdivision waiver
in order to divide 7629 -35 and 763945 Logan Avenue into two separate
lots with a commercial building on each lot. No physical changes will be
made except to meet the noted stipulations. Variances are currently under
consideration to allow the lot configuration.
Olson Tool Company occupied both buildings for several years, and
recently moved to a different location. The 7629 -35 building would be sold
for use by Pioneer Tool Company, which employs approximately ten
people. The 7639 -45 building is currently offered for sale with no potential
buyers. Both buildings were designed for use as commercial /light
manufacturing operations. It is expected that'a similar low impact use will
occupy the 7639 -45 building.
Proposed Parcel A provides ten on -site parking spaces, and proposed'Parcel
B provides 19 on -site parking spaces. Parking availability appears to be
adequate for the building size and potential traffic generation. Leaseback
Properties would secure a cross - access easement, which would allow sharing
of the Logan Avenue curb cut leading into the parking lot.
RECOM MNDATION
Recommended
Action:
Preferred: Recommend that the City Council approve the subdivision waiver at 7629-
35 and 7639 -45 Logan Avenue in accord with the proposed site plan and
with the following stipulations:
I. That the hearing examiner grant the necessary variances.
2. That the parking area be screened pursuant to the Landscape
requirements.
3. That the Logan Avenue curb cut leading to the parking lot be widened
to 26 -32 feet pursuant to City Code.
4. That the Logan Avenue sidewalk be extended southward to 77th Street,
or the sidewalk on both properties be removed.
S. That a cash escrow be provided for all required improvements.
6. That the subdivision waiver be subject to the easement for street
purposes running in favor of the City of Richfield and recorded as
Document No. 3186043 in the Office of the Registrar of Titles,
Hennepin County.
BaSijg: 1. Approval of the subdivision waiver will not interfere with the purposes
of platting regulations of Section 500.05.
2. The subdivision waiver would allow separate ownership of the two
buildings.
3. The required improvements would comply with City Engineering and
Landscape requirements.
4. The Logan Avenue sidewalk stops in the boulevard area of
proposed Parcel B. This situation may cause problems for snow
removal operations.
Alternative: Recommend denial of the subdivision waiver if a fording of fact determines
that this proposal would have an adverse impact on adjacent properties.
7645- LOG.DOC
CITATIONS
Section 500 - Plats: subdivision regulations
500.05. Conveyances by metes and bound. Subdivision 1. Conveyances prohibited. No conveyance of land in
which the land conveyed is described by metes and bounds or by reference to a plat made after March 11, 1940,
which is not approved by council resolution, shall be made or recorded if the parcel described in the conveyance
is less than five acres in area and 300 feet in width unless such parcel was a separate parcel of record as of March
11, 1940, or unless an agreement to convey such smaller parcel was entered into prior to that time and the
instrument showing the agreement to convey is recorded in the office of the register of deeds within one year
thereafter or was a separate parcel of not less than two and one -half acres in area and 150 feet in width on January
1, 1966, or is a single parcel of land not less than five acres and having a width of not less than 300 feet.
Subd. 2. Subdivision waiver. In any case in which compliance with subdivision 1 will result in an
unnecessary hardship and failure to comply does not interfere with the purpose of the platting regulations of this
section, the council may waive such compliance by adoption of a resolution to that effect, and the conveyance
may then be recorded. The council may at its option refer such questions to the planning commission for
recommendation before council action.
Subd. 3. Noncompliance: penalty. Any owner or agent of any owner of land who conveys a lot or parcel in
violation of this subsection shall forfeit and pay to the city a penalty of $100 for each lot or parcel so conveyed as
provided by law. Any penalty so levied may be collected by the city by action in a court of competent
jurisdiction.
Subd. 4. Noncompliance: injunction. The.city, in addition to imposing the penalty provisions of subdivision
3, may bring appropriate proceedings to enjoin any conveyance not complying with this subsection.
Subd. S. Scope of subsection. This subsection does not apply to plats recorded prior to March 11, 1940, or
to the sale or exchange of small parcels of land to or between adjoining property owners where such sale or
exchange does not create an additional lot or space sufficient to construct an additional residence thereon.
Subd. 6. Application fee. Applications for plat or subdivision approval or for waiver of preliminary platting
procedures shall be accompanied by the fee provided in appendix D of this code.
7645- LOG.DOC
4
4
4
196.87
I
Landscape screening 7629 -36 Logan '
to be added 1s.o
1 story building
3 x 8
E
8407 i
c
HC
1
PARCEL A area = 14,946 aL
widen curb cut to 26 — — — — — —
1 PARCEL B area = 22,762 d
HC
t
7639 -4b Logan
t 1 story building
a I
m
1
LI
Landscape we 77t stmeht
to be added
x = soma ion of w unity iight
Proposed subffimanon
35 and 7639 -45 Logan Avenue7629
PLANNINGDivisionofparcelintotwolots. NZONING..
W", 101 W
Planning Commission
INFORMATION
Item: #3
Information Letter: #7
Agenda Section: New Business
GENERAL INFORMATION
Date: April 28, 1992
Subject: First Quarter report of Administrative Review Committee (ARC) activity.
References: 1. Activity report (attached).
2. Summary of cases (attached).
BACKGROUND
Purpose: The planning staff feels it is important to keep the Planning Commission
unformed of ARC activities. A report of ARC activities is prepared on a
quarterly basis.
RECOMMENDATION
Recommended
Action: Review, the attached ARC materials, no discussion or decision is necessary.
PC -ARC. DOC
ADMINISTRATIVE REVIEW COMMITTEE
ACTIVITY REPORT
FHWI QUARTER OF 1992
DATE APPLICANT ADDRESS
January 15, 1992 Isabelle Dukatz 7215 Logan
January 22, 1992 Acadian Candles 6328 Penn
February 12, 1992 Leaseback Properties 7701 -05 Morgan
February 12, 1992 Richfield State Agency 6625 Lyndale
March 25, 1992 Leaseback Properties 7629AS Logan
March 25, 1992 Charles T. Ulmer 6832 14th Ave.
SUMMARY OF CASES
REQUEST
Subdivision
Off - street parking permit
Subdivision waiver & Variances
Replat of property
Subdivision waiver & Variances
Lot coverage variance
Isabelle Dukatz, 7215 Logan - reviewed platting and subdivision of residential property into two separate lots.
The City Council approved the plat on February 24, 1992. A new home will be constructed on one of the lots
within the next few months.
Acadian Candles, 6328 Penn - reviewed off - street parking permit and compliance with Penn Avenue 66th Street
PASSS) design guidelines for a new business in the former Taystee Bakery building. The Council approved the
off - street permit on February 10, 1992. A cash escrow agreement was required for landscaping, curbing, and
parking lot improvements.
Leaseback Properties, 7701 -05 Morgan - reviewed variances and subdivision waiver to divide the parcel into two
separate lots with a commercial building on each lot. The application facilitated the sale of the 7705 Morgan
building. The Hearing examiner granted the variances on March 23, 1992. The City Council approved the
subdivision waiver on April 13 1992. A cash escrow was required for landscaping improvements.
Richfield State Agency, 6625 Lyndale - reviewed a request to replat the bank property from approximately 30
individual lots to three lots. The application would simplify the lengthy legal description. The City Council will
consider final plat approval on April 27, 1992.
Leaseback Properties, 762945 Logan - reviewed variances and subdivision waiver to divide the parcel into two
separate lots with a building on each lot. The application would allow separate ownership the commercial
buildings. The Hearing Examiner will consider the variances on April 21, 1992 and the Planning Commission
will, consider the subdivision waiver on April 28, 1992.
Charles T. Ulmer, 6832 14th Ave - reviewed residential lot coverage variance application for lot coverage in
excess of 2,500 Sq. Ft. for a lot of 8,381 Sq. Ft. The variance would allow a four season porch addition to be
constructed in the rear yard. The Hearing Examiner will consider the application on April 21, 1992.
PC- ARC.DOC