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2000-07-10 OPH Email to Planner Re Andersen Mall Purchase
P. 01/06 „,,, CITY OF OPH ske - JUL-10-2000 13:53 4111 - . . - -.' • : 0 .;,. . • ” • C JI3CA' .4 -. •-:.- - -:. , . . ... . ,, :. i-e. . ?.--- . %-. - :'..s.: •,,t_.1.i-g.- - ^""' , • :v.v. -,. . , - i? .. ......... Qty of Oalc Pak Heights 14169 Osic Pak Blvd. eme ne, oak Pm* si MN 550tZ Thome (651) 439-4439 Facsimile (651) 4394574 facsimile ttansmittai J e77- . eie Hip 40 S ToL sire cd e V tLiez. zivc:7 F113c • • • A 6., ,---"T-----------"---"----„, . From: gl • - FA 1 .af d IN, Dal.: GI ,..(41.• - t.-AVOte (fenez 4,4- Re: 1:3 lir gunt XFor &Mew XReame Comment / Vi a base Rs* 0 Please Recyde l4c4INK '4We' .4 .- • ....: , - • ..,---,.. . 1- . loair;16. .1.... - . . : I ■••• . - , l: ... ' ".4i.. :PO.: ' ::4 • ••• • •• - - ,.... ;.:'.• = ‘,.._ 57 (:'::' .:‘,.e:'le-,13r4"Vi'444. . '1 • • • .1 ...I. •- - • - ,..Asyto Pktor.ta.v. ,^ • — ' . • ' - ',,,' ' .rj.:Q . ...., .. ,, , ,,, ,r4.,,4,4--,,,,:,—,01 JUL -10 -2000 13 53 CITY OF OPH P.02/06 O P P E N H E I M E R II auteraatn New York I1 �- In us�c Orange County LLP WOLFF & DONNELLY v • U icgp�� Parts Plaza VIl eneva Saint Paul 45 South Seventh Saeet, Swine 3300 Minneapolis. MN 55402-1609 s Angeles Silicon Valley Minneapolis Washington. D.C. 612.607.7000 www,oppenheimcr.com Fa: 612.607.7100 Direct Dial: 612.607.7473 &Mail: LCross@oppenheimer.com oppenheimer.com July 7, 2000 Ms. Kris Danielson City of Oak Park Heights 14168 Oak Park Boulevard North Oak Park Heights, MN 55082 Re: St. Croix Mall — City Zoning Letter Dear Kris: In accordance with our meeting, enclosed please find your City Letter including my proposed changes. I have also enclosed a copy of the Survey showing the current parking for the Mall. If the changes are acceptable, please have Tom sign the City Letter and return it to my attention. If you have any questions or objections to any of the changes which I have made, please telephone me. Thank you for all of your assistance with this project. Your cooperation has been greatly appreciated. Very truly yours, OP��PENHEIMER WOLFF & DONNELLY LLP i!2Cla JCA000, Linda M. Cross LMC: dmh Enclosures cc: Bill Moore (via e-mail, w/ enc.) Duane Gemelke (via e-mail, w/ enc.) Lloyd Kepple (via e-mail, w/ enc.) Carol Eiden (via e-mail, w/ enc.) Joel Rietz (via e-mail, w/ enc.) TC3: 675936 v01 07/07/2000 JUL -10 -2000 13:53 CITY OF OPH P.03/06 • • From: Andersen Corporation c/o Linda M. Cross Oppenheimer Wolff & Donnelly LLP 45 South Seventh Street, Suite 3400 Minneapolis, MN 55402 CITY LETTER Re: St. Croix Mall Oak Park Heights, Minnesota Ladies and Gentlemen: The undersigned hereby certifies with respect to the property legally described on Schedule 1 attached hereto ("Premises ") as follows: 1. The zoning code affecting the Premises is B -2, General Business, as amended and supplemented by the PUD and other documents identified in paragraph 3 below. 2. The Premises and its use as a retail/service shopping mall and retail/service strip center, including use for showroom, office, storage of office furniture, files and records, educational training, including the display and instruction on use and assembly of products, engineering, research, and the storage, assembly and distribution of product literature and training materials, gym and gynmastic training, drug store, dance studio, ice cream parlor, fast food and full service restaurants, beauty parlor and salon, fingernail, hand and nail care, securities broker, liquor store, theater, pet store and travel agency comply with the applicable zoning codes, city ordinances and building, environmental and energy codes, ordinances and regulations: © Yes O No Comments: All of the above business are permitted or conditional in the B -2, General Business District of the Zoning Ordinance. Some of the listed uses are limited or restricted according to the provisions oldie City Ordinances and Building Code. 3. There are no variances, conditional use permits or special non - conforming use permits required in connection with the operation of the improvements on the Premises or its uses. If there are, specify the same and the relevant terms and any pertinent restrictions on rebuilding or otherwise check here: ❑ None Comments: The St. Croix Mall has been allowed by a Planned Unit Development originally approved in 1979 and subsequently amended. The amendments include the 1994 and 1990 amendments for signage, a City letter of October 21, 1986, the 1987 amendment to Real Estate Develop Agreement for K -Mart, the 1989 amendment for the mall remodeling and Herberger's expansion, the 1992 expansion for the theater. A Zoning Ordinance Variance dated April 25, 1983 and a Conditional Use Permit dated January 22. 1985 have also been issued with respect to the Premises. JUL -10 -2000 13:54 CITY OF OPH P.04/06 • 4. The Premises comply with the subdivision ordinances affecting it and can be conveyed without the filing of a plat or replat of the Premises: ® Yes O No Comments: 5. The Premises comply with all setback and parking laws and regulations: ® Yes ❑ No Comments: The current parking requirement for Lots 11 and 12. Block 1, St. Croix Mall PUD, Lots 1, 2, 3.4. 5. 6 and 10 Block 2, St. Croix Mall PUI) 2n Addition and Lot 3, Block 1, St. Croix Mali PUD 2" Addition (the "Mall ") is 1,150 spaces. Lots 7, 8, 9, Block 2, St. Croix Mall PUD 2 " Addition (the "Strip Center") currently contains 75 parking spaces and such parking count is approved by the City. The current building set back is: 40 feet along the northeast frontage of 60 Street North with respect to the Strip Center and 40 feet along the northern lot line of Lot 1, Block 2, St. Croix Mall PUD 2nd Addition: 20 feet along the northern boundary of the Premises: 10 feet along the west, north and northwest boundary of Lot 3, Block 1. St. Croix Mall PUD 2" Addition and 10 feet along those portions of the Premises directly abutting Osgood Avenue. All of the buildings located within the Premises comply with all set back and parking laws and regulations. The number of parking spaces located at the Mall and Strip Center may be reduced by up to 2Q% of the existing spaces without City consent or notice, and without variance to the Zoning Code or PUD. 6. The Premises are located within a federally designated flood plain: 17 Yes ®No If yes, please specify the nature of the zone: 7. There are no proposals for widening, closing (including temporary closings) or realignment of access or abutting roads. If there are, specify the same and its terms or otherwise check here: O None Comments: MNDOT and the City have proposed changes to Highway 36 and the frontage road (60 Street North) system that would directly affect the St. Croix Mall. Curren two d fans are • ; _ _ considere, • ne . lan e "at a ade .1:_ " contem .1; - s at grade improvements to the intersection of Highway 36 and Osgood. Under this plan, the frontage road would be moved and relocated through a portion of the parkinglot for the Mall resulting in a condemnation of approximately 60 to 140 parking spaces. The second Ian being considered is an overpass p lan contemplatin an overp at t ct he interse ass ion of —2— JUL -10 -2000 13 :54 CITY OF OPH P. 05/06 . • Highway 36 and Osgood. Under this plan. condemnation of any portion of the Mall would be unlikely. 8. There are no contemplated or pending special assessments affecting the Premises: D Yes MU No If there are, please specify the known or estimated amounts and computation of interest, if any: 9. All appropriate and required city permits, licenses, approvals and certificates of occupancy have been provided for the intended use of the Premises: © Yes D No If additional space is required for any of the above, please use the reverse side. If there are any additional facts regarding the Premises and its proposed use which would be a material consideration, please include that information: The City would like to acquire an easemen over a • ortion of Lot Block 1 St. Croix Mall PUD 2 Additio for installation an. maintenan - of a . edestrian and bic - ail s stein such • • vs o to be a. • • ximatel 8 feet b 50 feet and . ., ement for • edestrian . d bi cle in ess and e: ess over a five foot stri ' of the southern Mall parking lot to Osgood Avenue Signature of Authorized Person: Typed or Printed Name of Signatory: Title of Signatory: Date: City or Other Governmental Agency: —3— TC3: 666879 v02 07/07/2000 JUL -10 -2000 13:54 CITY OF OPH P.06/06 • • SCHEDULE 1 IIM • Legal Description T=act A: Parcel T: Lo: 12, Block 1, St. Croix Mall P.U.D., according to the recorded plat thereof, and situate in washington County, Minnesota_ Abstract Property. Parcel II: r � Lots 1, 2, 3, 4, 5, 6, �,, V and 10, Block 2, St. Croix Mall P.U.D. 2nd Add., according co the recorded plat thereof, and situate in Washington County, Minnesota. Abstract Property. T=act B: Parcel I: , Lot Eleven (11), Block One (1), St. Croix Mali P.U.D., according to the recorded plat thereof, and situate in Washington County, Minnesota. Being registered land as is evidenced by Certificate of Ti: =e No. 54657. Parcel II: Lot Three (3), Block One (1), St. Croix Mall P.U.D. 2nd Add., according to the recorded plat thereof, and situate in Washington County, Minnesota. Being registered land as is evidenced by Certificate of Title No. 546566. Parcel II1; All that part of Lot Four (4), Block One (1), Brekke's Garde= Hills, lying Easterly of the following described line: Commencing at the NE corner of Lot 4, Block 1, Brekke's Garden Hills, Wash. Co., Minn., thence West along the North line of said Lot 4 on a recorded bearing of N 89 degrees 52 minutes W for 40.94 feet to the point of beginning of the line to be described; thence $ 18 degrees 18 minutes 23 seconds W for 34.42 feet; thence S 28 degrees 29 minutes 33 seconds W for 125 feet, more or less, to its intersection with the Southerly line of said Lot 4, which is the Southerly terminus of the line to be described, according to the recorded plat thereo and situate in Washington County, Minnesota. Being registered land as is evidenced by Certificate of Title No. 54657. 3 "rrT,N nr TOTAL P.06