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HomeMy WebLinkAbout1988-02-04 Planning Report - Minor Subdivision northwest associated consultants, inc. PLANNING REPORT TO: Oak Park Heights Mayor & City Council FROM: Curtis Gutoske DATE: February 4, 1988 RE: Holiday Stationstore - Minor Subdivision FILE NO: 798.02 - 88.02 BACKGROUND A request had been made by Breckenridge Development and the Osgood Partners, Inc. for the approval of a minor subdivision. The property in question is the site of the future Holiday Stationstore located at the intersection of Osgood Avenue and Highway 36 (See Exhibit A) . The request consists of combining tax parcels 2000 and 2150 together along with the northerly 38 feet of tax parcel 2220. As indicated on the application, parcels 2000 and 2150 are currently owned by Breckenridge Development while parcel 2220 is owned by Osgood Partners, Inc. All of the subject parcels are zoned B-2 General Business. CASE ANALYSIS As noted above, the subject property is that of the proposed Holiday Station- store. A Conditional Use Permit and site plan review were approved in November of 1987, however, it now has been found that a minor subdivision is also re- quired due to the site being a combination of two whole parcels and a part of a third (See Exhibit B) . In reviewing the submitted metes and bounds legal description (Exhibit C) with the previously approved survey and site plan, the legal description is found to be in compliance with the above cited plans. However, as can be seen from Exhibit C, the actual description of the property is very long and confusing. While the legal describes the property correctly, it is unnecessarily compli- cated. This could pose problems when the property is referenced in the future 4601 excelsior blvd., ste. 410, minneapolis, mn 55416 (612) 925-9420 Oak Park Heights Mayor amity Council February 4, 1988 Page Two for tax purposes and other needs. It is therefore recommended that the applicant clarify the legal description to give it a simpler and less confusing reading. This is recommended despite the fact the Highway 36 and Osgood Avenue easements are somewhat lengthy themselves Only because the wording used in the first section of the property description can be con- densed significantly. A revised metes and bounds description is recommended over platting the property due to the time lengths and extra costs involved. If the property were to be platted, a public hearing would have to be held in addition to the applicant submitting additional final plat documents. A simpler, revised metes and bounds description could be developed which would satisfy the requirements for a minor subdivisison adequately. The access easement described on page 2 of the legal description was originally intended to allow for a shared access off of Osgood Avenue between the Holi- day Station property and the property to the south. However, since the time the legal description was prepared, the site plan has been revised to eliminate the shared access. The Holiday property receives its access entirely within the described property, thus eliminating the need for an access easement across the property to the south. The submitted legal description should also be revised to eliminate this access easement as well . An additional item requiring review is that of the resulting configuration of the 2220 parcel to the south. It is found that adequate lot width and lot area will exist with regards to the B-2 District' s minimum requirements after the northerly 38 feet is removed. The resulting lot width of this parcel is 220.98' while its area is approximately 87,600 square feet. RECOMMENDATION The proposed minor subdivision of combining tax parcels 2000, 2150 and a por- tion of the northerly 38' of parcel 2200 is recommended for approval subject to the submission 'of a revised metes and bounds legal description significantly simplifying and clarifying the property's boundaries. The legal description must also be revised to eliminate the triangular access easement off of Osgood Avenue as stated in this report. This recommendation is subject to the comments of other City Staff. cc: LaVonne Wilson Lyle Eckberg Frank Leier Joe Anderlik Breckenridge Development Osgood Partners, Inc. /'1 r \ + IS all! CO O O t !0 P yd1� CO 0 _ Z 0 C ?a0) W 0 .�—' W C L u 0 OC Ev W m .-o ti Ou rE p,C W _ M = O Ch i g 0 Iii s E y G o N T t � 0 . .111 111,4 ;, I a Y.A ' GP r g . tp H + P i`IoliaN O Ail r., ~� - 2 1,.01100117 1111 Q � - W/ , Y�aa °rwi (� • -- N 3ntl _ -ntl Y N 3Atl wIr \N 3 AOO8tl3d O 3.r z '3Atl NVOY3d ©D \�\III JD a Emig. o a� ^�' N r, iii VNVNOd h i • N 3AVY 1 YJ z L m Y z N i • w50 w £ _. r I \ ..> ,o N•3W1 ! ," lC C 7 Nu OOOOSO M. N3�b Ni^' IW- C 3 ® NDitlw0 .I 3Atl NNVNO N AV 't 13N310I£ ^ ' ' 0.13ciI A � tlON110 , b- c. N.3,,„O131i/ '�N 4,., 3Atl ❑I ,Y II 31010 ....................• I • • 0 'l l . a (AC\� ®) / -N r_177 I' l O I ` EXHIBIT A — SITE LOCATION ,...„, ,.... ., ,.. 7 C/fl' OF OAK PARK I-/EIGHTS ALL PARCEL NUMBERS PRECEDED BY 63-60004 SAYTOkVN TOWNSHIP ALL PARCEL NUMBERS PRECEDED BY 89-78004 II / HWY I O _ _ -- 212 _ i. ,. i --- 490 '---- 1- /007 7 3 O NE ... . SE '' s.-_ __ ____ :�h ha Subject Pso • er --f- , .: :� . IN 2i00 ''* 'tom n Z ti 2050 , 2400`, ' 1.,, '200 .J, ?94 z /oma 2250 w ca 432 J 11 et LLLI. > I Access e : ; ment to be removed jz8 , 48,7 97 7 —4''4. ,2300 3000 } 2350 523a Oo 0 ��a 0 m 0 Cr( Cr C 'n ^ 1 3 3020 CO R4YI�'YE JOHNSON ESTATES 0 4 Za58TH e o„ .. .__ — -- — -- — __ __ _ — - - - — — V sas "'-' 14 aa , ,,i,/ ,! '.5 Z. 3 A- -I,� easement n a °d?,,� 166.34 G 135 /64 ' /:O i . ' '..t /94 — — Q W 6, N I' :J `M EXHIBIT B - PARCEL MAP BRUCE A. FOLZ & ASSOCIATES LAND SURVEYING • LAND PLANNING 1815 NORTHWESTERN AVE. • STILLWATER, MINNESOTA 55082 • (612) 439-8833 ,;m.` November 21 , 1987 • LAND DESCRIPTION FOR HOLIDAY COMPANIES, INC. That part of the Northeast Quarter of the Northeast Quarter of Section 4, Township 29 North, Range 20 West , Washington County, Minnesota described as follows: Commencing at the northwest corner of said Northeast Quarter of the Northeast Quarters thence North 89 degrees 13 minutes 19 seconds East , assumed hearing, along the north line of said Northeast Quarter of the Northeast Quarter a distance of 330. 10 feet to the northeast corner of the North 225. 90 feet of the West 330.00 feet of said Northeast Quarter of the Northeast Quarter; thence South 02 degrees 12 minutes 15 seconds East along the east line of said North 225. 90 feet of the West 330.00 feet of the Northeast Quarter of the Northeast Quarter a distance of 225. 97 feet to the southeast corner of said North 225.90 feet of the West 330.00 feet of the Northeast Quarter of the Northeast Quarter and the point of beginning; thence South 89 degrees 13 minutes 19 seconds West along the south line of said North 225.90 feet of the Northeast Quarter of the Northeast Quarter a distance of 125. 54 feet; thence North 01 degrees 48 minutes 22 seconds West 225. 94 feet to said north line of the Northeast Quarter of the Northeast Quarter; thence South 89 degrees .13 minutes 19 seconds West along said north line 206. 13 feet to said northwest corner of the Northeast Quarter of the Northeast Quarter; thence South 02 degrees 12 minutes 15 seconds East along the west line of said Northeast Quarter of the Northeast Quarter a distance of 294.92 feet; thence North 88 degrees 11 minutes 38 seconds East 329.65 feet; thence North 01 degree 52 minutes 49 seconds West 63.02 feet to the point of beginning. Subject to a roadway and utility easement for existing Osgood Avenue over that part thereof lying westerly of a line described as beginning at apoint on said north line of the Northeast Quarter of the Northeast Quarter distant 56. 11 feet easterly of the said northwest corner of said Northeast Quarter of the Northeast Quarter; thence southerly to a point on the south line of the North 660.00 feet (40 rods) of said Northeast Quarter of the Northeast Quarter distant 51 . 52 feet easterly of the southwest corner of said South 660.00 feet and said line there terminate. Also, subject to a highway easement for Trunk Highway 212 (aka Trunk Highway 36) over that part thereof lying northwesterly of a line described as beginning at a Point on said north line of the Northeast Quarter of the Northeast Quarter distant 380.00 feet easterly of said northwest corner of the Northeast Quarter of the Northeast Quarter; thence southerly to 1 point on said west line of the Northeast Quarter of the Northeast Quarter distant 180.00 feet southerly of said northwest corner. This easement is described in Book 312 of Deeds, page 287 as recorded and on file in the office of the County Recorder, Washington County, Minnesota. The area of this parcel excluding the Trunk Highway 212 (aka Trunk Highway 36) highway easement and the Osgood Avenue roadway and utility easement is 34199 square feet , more or less. EXHIBIT C - LEGAL DESCRIPTION Holiday Companies, Inc. November 23, 1987 Page -2- Also, subject to an easement for ingress and egress over that part thereof described as follows: Beginning at the intersection of the south line of the above described tract and the easterly line of above described highway easement for Osgood Avenue; thence northerly along said easterly line 25.00 feet; thence southeasterly to a point on said south line of the above described tract distant 80,00 feet easterly of said easterly line; thence westerly along said southerly line 80.00 feet to the point of beginning; Together with an easement for ingress and egress over that part of said Northeast Quarter of the Northeast Quarter described as follows: Beginning at the intersection of the south line of the above described tract and the easterly line of above described highway easement for Osgood Avenue; thence southerly along said easterly line 25.00 feet; thence northeasterly to a point on said south line of the above described tract distant 80.00 feet easterly of said easterly line; thence westerly along said southerly line 80.00 feet to the point of beginning; I hereby cerify that this survey, pion, or report VLIS prepared by me or under my direct su ..uien a:.'! that f am a du' red and SLrv: or uncar the (c-..s cr _..t; cf (Viu::le OT , OhUCEA.FULZ Cate 1/--"'h% Req.No. % Z 3 L_. LEGAL DESCRIPTION (PAGE 2)