HomeMy WebLinkAbout1986-09-29 Planner Memorandum to OPH Re Francis Mall • 0
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MEMORANDUM
TO: Oak Park Heights Mayor and City Council
FROM: Ross Harris
DATE: 29 September 1986
RE: Francis Mall - Dvorak Proposal
FILE NO: 798.02 - 86.12
It is noted that a deed restriction exists on the lot legally described as that
part of the NE 4 of the NW 4 of Section 4, T29, R2OW, where the Francis Mall
retail center has been proposed.
Our report issued 9 July 1986 reviewed the applicant's rezoning request and
recommended approval of rezoning the lot from R -B to B -2. Our 23 July 1986
report reviewed the applicant's site plan, and found lot development and setback
requirements to be in compliance with minimum Ordinance standards.
The deed restriction states that no structure shall be constructed within a
distance of 130 feet of the southern boundary line of the concrete pavement of
State Highway 212. As such, the proposed development will fall within the 130
foot restriction.
The situation calls for an agreement between the applicant and the property owner
to the west, whose building setback from Highway 212 is 150 feet, as per this
restrictive covenant. The front yard setback as illustrated on the site plan
meets the City's setback requirement of 40 feet. As such, the City should not
accept the site plan without a stipulation to resolve the restrictive covenant
between property owners, in addition to the address of other site plan issues,
as per the 23 July 1986 Planner's report.
cc: LaVonne Wilson
Lyle Eckberg
Mark Vierling
Frank Leier
Mike Dvorak
4820 minnetonka blvd., ste. 200, minneapolis, mn 55416 (612)925 -9420
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Psi" c• i �1 -1.t l'i 1 1.. Minny h11h11 t.c .
WARREN I. FORSBERG, Registered Land Surveyor 'r 1';1111, MI. 1:11I9
D.B.A.
Lake and Lana Surveying Co.
st•It�F1 i(nt
SWAGER BROS. REALTY
All that pert of the Northeist Quarter of the Northwest Quarter 11 NE s of N1 \' of
Section Four (4', Township Twenty -nine (29) North , R u1cje Twenty (20 WVel t,
described is follows, to - �vit
Eeg inning it 1 point on the South right of way line of State Trunk High: :►y No.
212, said point being Five Hundred Forty -two :542' feet east of the :e ;t lire _1t
the Northeast Quarter of the Northwest Quarter (NE's of NW' sh of said Sect on Four
(4' , thence South and para Mel with the West line of the Northeast Ouarter of the
Northwest Quarter (NE i of NW'') of said Section Four '/4`, 1 distance of
Two Hundred Fifty (250'. feet , thence east and par i I le l with the South ric;nt of
way line of State Trunk Highway No. 212, a distance of Two Hundred Thirty
(230) feet,, thence North and parallel with the West line of the Norther -t
Quarter of the Northwest Quarter (NE"4 of NW" s) of slid Section, Four '41, a
distance of Two Hundred Fifty (250) feet to the south right of way line of State
Trunk Highway No. 21 thence West on the South right of way line of State
Trunk Highway No. 212, a distance of Two Hundred Thirty ''230i feet to the 1wce
of beginning, subject to the restriction that no house or other structure yny
erected between, the West boundary line of the above describec reel elite ar:ci,
the West line of the house and gar now sit►► on the above described r: 1
estate, hrther to the North than the West line of said house ind g►rige
Parties of the first part agree that they will not sell any part. of the Narthe , 5t
.Quarter of the Northwest Quarter (NE", of NW` I) of Section Four '4 , Tov:ns:li;i
Twenty - nine (29), Range Twenty (20' now owned by them for cominerci rl
purposes and they further agree that no residence shill be built thereon within a
distance of One Hundred Thirty (130) feet of the Southern boundary line of the
concrete pavement of 'State Highway No. 21 2 as tne same now exists rnd is l lid
out, on land now owned by the grantors to the west of the .+move d•_scri! ec'
property nor within a distance of One Hundred Fifty '1 50) feet of the •i tstheri
boundary line of the concrete p:ivemehit on s lid State High:: No. 212 a: tne
same now exists and is laid out on land now owned by the grantors to the a -1St
. of the above described property .
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