HomeMy WebLinkAbout2004-10-21 Best & Flanagan Ltr to Mike ViolaFROM 9NAC FAX NO. 99525959937 Nov. 01 2004 11041AM P3 /5
REST & FLANAGAN LLP
A'1" 1'0RN r AT LAW
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October 21 9 2004
VIA E
Mr, Michael Viola.
Sicgcl., Brill, Greupner, Duffy
Foster, P.A.
13 00 wasli S quare
100 Washington Avenuc South
Minneapolis, NIN 55 401
Rea Shoppes of Oak Park Heights
The Shoppes of Oak Park Heights, LLC (Scher)
Principal Life Insurance Company, or its assignee (Purchaser)
oar Mr. vlo a..
This letter summarizes our requests regarding the zoning letter and other zoning
materials received to date with respect to the sale of Lots I and 2, dock 1, The
Shopp os of Oak Park Heights (less the water Tower Parcel):
s The letter should be readdressed to Principal Life Insurance Company, its
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succe ssors and/ assigns,
2, 1 "he letter should confirm compliance with the rccorded Developer's
Agreement and Planned Unit Development ("PUD") (whi.ch w ere attached
to the previously issued zoning letter). I understand thi cha cannot be
made until the part of the letter of credit held for the completion o the first
phase (the property referred to above) is released. The ordinances provide
for periodic inspections of a PLJD development, and there is provisioii - [or a
final inspection by a City Building Official and certification to the City
Council in 401.6E.6. If it has not been done, the letter should advise as to
when that can occur (assuming the project has been completed).
3, The letter should confirm parking compliance, and should specifically
cover the following:
02146'73 - Shopes of oak Park Kcights /01 6917- 240003
FRO ° Np FAX No. Q 9525958837 Nov. 01 2004 11 e 41PAM P4/5
Mr. Michael 'viola
October 21, 2004
Page 2
a. The approval of five spaces per 1,000 square feet of building area.
b. The Kohl's mezzanine space is not included in the building area for
purposes of determining the parking requirement.
C. Any formula used by the City to determine compliance which would
result in a lesser parking requirement (e.g., the 90% calculatioli
referred to in the Planning Report received, but which report h.as not
been tied to any specific final, approval document).,
d. How parking would comply with the City requi,rem eats after the
19,200 square foot Kohl's expansion.
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4. Certification that the building area shown on the survey has been approved
although it execeds the building area referred to in the approved recorded
"P 1 D -
5 Docurnent.ation that the setbacks are in compliance in that the apphcablc
ordmance appears require a slightly greater setback for one of the side
pp may
yards.
6. A certi f cation of the final approved PJ Site Plan so that we can review the
same g a ainst the survey. In that regard, i received the single page "P1L
Final Site Plan" you furnished, but that should be certified to by the
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appropriate ' riate Cit official to represent the final approved site plan, and any
approved changes from that plan should also be summarized. Tn briefly
0 4
reviewing the plan received, I noted the following should be adds essed. as
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core pY g l in , if that plan represents the final approved PUD Site Plan
a. rt p rovides for two more parking spaces than shown on, th.e survey.
b. The buildin g areas (the 156,260 square feet referred to in the Planned
Unit Development attached to the zoning letter) differs from the final
p
survey.
C, The setback from Krueger Lane is shown to be slightly greater than
shown on the survey.
FROM R lA FAX NO. o 9525959937 Nov. 01 2004 11: 41 AM P5/5
Nero lfi cli ael Viola
October 21, 2004
Page 3
Please let tie know if you have any questions.
Very trLd.y yours,
BEST & FLANAGAN LLP
Duane Paulson
Duanc Lo Paulson
DLPG /mkm
FROM :NAC
FAX i NO. :9525959e37 Nov. 01 2004 11: 40AM P1/5
NORTHWEST ASSOCIATED CONSULTANTSe INC.
4800 O loon Memorial Highway, Suite 202, Golden Valley, MN 65422
Telephone: 7433.23102555 Facsimile: 763.23 1.21501 planners@nacplanning.com
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