HomeMy WebLinkAbout1979-02-07 Howard Turrentine Ltr to OPH Re Kmart Addition TURRENTINE AND MAGNUSON
Attorneys- at- Low
14733 60th Street North
v Stillwater, Minnesota 55082
(612) 439.9464
David T. Magnuson February 7, 1979
Howard R. Turrentine
Ms LaVonne Wilson, Clerk
City of Oak Park Heights
14168 North 57th Street
Stillwater, MN 55082
Dear LaVonne:
The purpose of this letter is to give the Oak Park
Height's City Council some background on the reasons for
my presence at the February 12th meeting.
As you know, K -mart, through Financial Properties,
Inc. is purchasing a piece of land adjacent to the St.
Croix Mall for the purposes of constructing a K -mart
Store. When Oak Park Development Co. brought this to
the attention of the City Council they were informed
that a Planned Unit Development for the St. Croix Mall
would be required before the sale and construction of the
K -mart building would be approved.
In connection with the Planned Unit Development, Oak
Park Development Company was required to plat the St. Croix
Mall and in connection with that plat, Midwest Planning
recommended some restrictive covenants and cross easements.
The cross easements did not propose a problem, but the
restrictive covenants did. A number of major tenants in
the center, including Red Owl would not agree to sign the
restrictive covenants. They realized that the City could re-
zone the property and to the extent that they had not taken
advantage of rights existing under the old zoning ordinance,
those rights would be lost under the new zoning ordinance.
They did not feel that they should contracturally obligate
themselves to the new zoning ordinance by agreeing to the
restrictive covenants.
Without Red Owl's approval, the Planned Unit Development
and the addition of K -mart to the shopping center could not be
completed.
/W O I
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tv 144,
Page -2- Ms LaVonne Wilson, Clerk February 7, 1979
I discussed this problem with Lyle Eckberg specifically
as it related to the requirement that the owners and major
tenants of the center be required to consent to the imposition
of restrictive covenants. Lyle agreed that this was an un-
reasonable request and indicated that he would recommend to
the Council that the restrictive covenants be waived. Since
these restrictions were originally opposed by the Council, we
both felt that I should appear before the Council with a
request that these restrictions be waived.
What it all boils down to is this: If these restrictions
are required, K -mart will not be added to the center, since the
major tenants will not agree to the imposition of the restrictive
covenants.
Very trul -- yottr -s ,
HRT /cn HOWARD R. TURRENTINE
cc: Lyle Eckberg
r✓Dave Licht, Midwest Planning