HomeMy WebLinkAbout6/18/1990 t
MINUTES OF THE MAPLEWOOD PLANNING COMMISSION
1830 EAST COUNTY ROAD B, MAPLEWOOD, MINNESOTA
JUNE 18, 1990
1. CALL TO ORDER
Chairman Axdahl called the meeting to order at 7:30 P.M.
2. ROLL CALL
Commissioner Roger Anitzberger Present
Commissioner Lester Axdahl Present
Commissioner Richard Barrett Present
Commissioner Robert Cardinal Present
Commissioner Sue Fiola Absent
Commissioner Lorraine Fischer Present
Commissioner Gary Gerke Present
Commissioner Dennis Larson Present
Commissioner William Rossbach Present
Commissioner Marvin Sigmundik Present
Commissioner Brian Sinn Present
3. APPROVAL OF MINUTES
a. June 4, 1990
The minutes were amended adding to the second paragraph
• on page 2 "as it is the same alignment as Frost Avenue
and Roselawn Avenue halfway between Larpenteur Avenue
and County Road B" and Howard Street in paragraph 8 was
changed to read "Beebe Road ".
Commissioner Fischer moved approval of the minutes of
June 4, 1990, as amended.
Commissioner Rossbach seconded Ayes -- Anitzberger,
Axdahl, Barrett,
Cardinal, Fischer,
Gerke, Rossbach,
Sinn
Abstentions -- Larson,
Sigmundik
4. APPROVAL OF AGENDA
Commissioner Fischer moved approval of the agenda as
submitted.
Commissioner Barrett seconded Ayes -- Anitzberger,
Axdahl, Barrett,
Cardinal, Fischer, Gerke,
. Larson, Rossbach,
Sigmundik, Sinn
•
i
411 Planning Commission -2-
Minutes 6 -18 -90
5. PUBLIC HEARINGS
a. Cope Avenue and Ariel Street -- Detachment and
Annexation, Plan Amendment and Rezoning
Secretary Olson presented the staff report. A
commissioner asked staff to explain how it is
determined where City boundaries are relocated.
The commissioners discussed the safety concerns and
emergency vehicle access with the proposed cul -de -sacs
and, also, the availability and considerations of
installing utility service by either North St. Paul or
Maplewood.
James Pomush, 7 West Golden Lake Road, Circle Pines,
the owner of the property to the west of this area,
said that this area has been rezoned from commercial to
residential and back to commercial several times. Mr.
Pomush said he thought the entire area on Castle should
be zoned commercial to avoid having two incompatible
areas.
• Commissioner Anitzberger informed the Commission that
he owned four lots directly across Highway 36 from this
site, but since that property is not involved in this
proposal he would not be abstaining from the vote.
Commissioner Gerke suggested the southern cul -de -sac be
developed residential, but the northern area should be
developed commercial. Mr. Gerke said the substantial
traffic and noise in the northern area on Castle Avenue
would not be suitable for residential development.
Commissioner Rossbach said he opposes residential
development along the Castle Avenue frontage road of
Highway 36, since the area is now primarily developed
commercially.
Commissioner Rossbach suggested annexing the northern
property to North St. Paul, which could utilize North
St. Paul utilities, and annex the southern property to
Maplewood for R -1 zoning -- except Lots 13 and 14 which
could remain M -1 zoning.
Commissioner Larson suggested that since Castle Avenue
will most likely be a through street developed
commercially in the future, the home owners of this
411 proposed development would become dissatisfied with the
commercial area. Commissioner Larson recommended one
cul -de -sac on Ariel Street with the lots backing on
Planning Commission -3-
410 Minutes 6 -18 -90
Castle Avenue, with no connection between Ariel Street
and Castle Avenue, and elimination of the northern cul-
de -sac. Commissioner Larson said this proposal would
place all of the lots in Maplewood and the residents
would not be subjected to problems from the surrounding
commercial development on Castle Avenue.
Commissioner Rossbach moved that the City of Maplewood
work with the City of North St. Paul to grant us
annexation of all of the property necessary to create
the lots as shown in the southerly cul -de -sac; that the
City of Maplewood further work with the City of North
St. Paul to detach and annex to them all of the
property necessary for the northerly cul -de -sac. The
parcel of land which would then form the southern cul-
de -sac in the City of Maplewood should have a
designation of RL on the land use plan, and further
that this piece of property should have a zoning of
R -1.
Commissioner Fischer seconded Ayes-- Sigmundik,
Gerke, Anitzberger,
Larson, Fischer,
• Rossbach, Axdahl
Nays -- Cardinal,
Sinn, Barrett
The motion passed.
Commissioner Rossbach moved to take no action on Lots
13 and 14.
Commissioner Gerke seconded Ayes -- Anitzberger,
Axdahl, Barrett,
Cardinal, Gerke,
Larson, Rossbach,
Sigmundik, Sinn
Nays -- Fischer
The motion passed.
6. NEW BUSINESS
a. Lot Area Variance: Burke Ave. (Svendsen & Kaiser)
Ken Roberts, Associate Planner, presented the staff
report. The commissioners discussed the size of the
various lots in this area.
110 Planning Commission -4-
Minutes 6 -18 -90
Marion Svendsen, 1597 Frost Avenue, Maplewood,
explained her request for this lot area variance.
Commissioner Cardinal moved the Planning Commission
recommend adoption of the resolution which approves a
600 - square -foot lot area variance on the basis that:
1. Strict enforcement would cause undue hardship
because of circumstances unique to this property
because:
a. A single - family home is a reasonable use of
this lot.
b. The plight of the property owners is due to
circumstances unique to the property and they
did not create the conditions.
c. Since the lot is similar in width and area to
other lots in the neighborhood, this proposal
will not alter the character of the
neighborhood.
d. There is no additional property available to
the applicants to increase the lot area.
2. The variance is in keeping with the spirit and
intent of the ordinance.
Commissioner Fischer seconded Ayes -- Anitzberger,
Axdahl, Barrett,
Cardinal, Fischer,
Gerke, Larson,
Rossbach, Sigmundik,
Sinn
The motion passed.
7. VISITOR PRESENTATIONS
8. COMMISSION PRESENTATIONS
a. Council Meeting: June 11, 1990
Commissioner Cardinal reported on this meeting.
b. Representative for the June 25 Council meeting:
Gary Gerke
Planning Commission -5-
Minutes 6 -18 -90
9. STAFF PRESENTATIONS
10. ADJOURNMENT
Meeting adjourned at 8:56 p.m.
• MEMORANDUM
TO: City Manager
FROM: Tom Riedesel, Planning Intern
SUBJECT: Home Occupation License (Art Studio)
LOCATION: 2345 Maryland Avenue
APPLICANT: John Wykoff
DATE: June 13, 1990
SUMMARY
INTRODUCTION
Mr. Wykoff is requesting approval of a home occupation license.
He wants to put an art studio in the basement of his home. He
would produce T -shirt artwork, mural art, cartoons, logos,
wildlife and duck stamp art. There would be no outside employees
or commercial vehicles. He expects an average of three customers
per week with no more than one or two vehicles parked on the
property at one time.
APPROVAL STANDARDS
Home occupations must meet the nine license requirements on page
6. City Code also requires annual licensing of home occupations
to make sure
• they are in compliance with the conditions of
approval.
DISCUSSION
The main concern with this business is the type of flammable
materials that the applicant proposes to use and their disposal.
Most of the artist's materials are nonflammable. Some of his
materials, such as paint thinner and mineral spirits, are
flammable. The Fire Marshal prohibits the storage of flammable
liquids in the basement. He also requires the storage of waste
material in metal containers with tight- fitting lids. Mr. Wykoff
would dispose of waste materials at the Hastings Bus Company oil
burner furnace.
RECOMMENDATION
Approve a home occupation license for John G. Wykoff to operate
an art studio at 2345 Maryland Avenue. Approval is subject to
Mr. Wykoff meeting the following conditions:
1. Compliance with the City's home occupation licensing
requirements.
2. No storage of flammable liquids in the basement.
411 3. Storage of waste materials in tight- fitting metal
containers.
4. The installation of smoke detectors on each level of the
home.
5. The installation of one, 2A -10BC fire extinguisher in the
work area of the home.
•
• 2
CITIZEN COMMENTS
Staff surveyed nine property owners within 350 feet of the
property. There were three responses. One was in favor, one was
opposed and one had no comment. The person opposed objected to
more traffic and noise.
REFERENCE
Site Information
Area: 35,319 square feet
Existing land use: Single - family home
Owner: Department of Housing and Redevelopment
Surrounding Land Uses
North and East: Vacant lots and McKnight Road
South: Maryland Avenue - Beaver Lake
West: A single - family home
Planning Information
Land use plan designation: RM (residential medium density)
Zoning: R -2 (double and small -lot single dwellings)
111
go /memol0.mem (section 24 - 29)
Attachments:
1. Location Map
2. Property Line /Zoning Map
3. Home Occupation License Requirements
111
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HOME OCCUPATION LICENSE REQUIREMENTS
1. No traffic shall be generated by a home occupation in
greater volumes than would normally be expected in a
residential neighborhood. The need for off - street parking
spaces shall not exceed more than three off - street parking
spaces for home occupation at any given time, in addition to
the parking spaces required by the residents.
2. No more than one nonresident employee shall be allowed to
work on the premises. Nonresident employees who work off
premises may be allowed to visit the premises. If an on-
site employee is parking on site, off -site employees shall
not leave their vehicles on site. If there is no on -site
employee vehicle parked on site, one off -site employee
vehicle may be parked on site.
3. No vehicle associated with the home occupation, including
customers or employees, shall be parked on the street or
block sidewalks or public easements. Private vehicles used
by the residents shall not be included in this requirement.
4. An area equivalent to no more than twenty (20) percent of
each level of the house, including the basement and garage,
shall be used in the conduct of a home occupation.
5. There shall be no change visible off premises in the outside
appearance of the building or premises that would indicate
the conduct of a home occupation, other than one sign
meeting the requirements of the City sign code.
6. No more than 20% of business income shall come from the sale
of products produced off site unless approved by the City
Council.
7. No equipment or process shall be used in such home
occupation which creates noise, vibration, glare, fumes,
odors or electrical interference detectable to the normal
senses off the lot. In the case of electrical interference,
no equipment or process shall be used which creates visual
or audible interference in any radio or television receivers
off the premises, or causes fluctuations in line voltage off
the premises.
8. There shall be no fire, safety or health hazards.
9. A home occupation shall not include the repair of internal
combustion engines, body shops, machine shops, welding,
ammunition manufacturing or other objectionable uses as
determined by the City. Machine shops are defined as places
where raw metal is fabricated, using machines that operate
on more than one hundred twenty (120) volts of current.
6 Attachment 3
41 1 MEMORANDUM
TO: City Manager
FROM: Tom Riedesel, Planning Intern
SUBJECT: Conditional Use Permit
LOCATION: 2720 Maplewood Drive
APPLICANT: Joseph Yankovec
OWNER: W. Clyde Stedman
DATE: July 10, 1990
INTRODUCTION
Request
Mr. Yankovec is requesting approval of a conditional use permit
to sell used cars. The City has zoned the property M -1 (light
manufacturing). Used -car sales require a conditional use permit
in the M -1 district.
Description of the Business
Mr. Yankovec is proposing to sell cars by appointment only. He
would not keep cars at this location. A customer would call to
see if a type of car was available. If so, Mr. Yankovec would
set up an appointment and bring the car to the site. He expects
no more than five customers per day. One or two cars would be
typical.
APPROVAL STANDARDS
City Code requires that this business meet the nine standards on
pages 7 and 8 to get a conditional use permit.
DISCUSSION
This request meets City Code and the findings for a conditional
use permit. This business would have little effect on
surrounding land uses, especially considering that there is a
body shop and car dealership to the north.
RECOMMENDATION
Approve the attached resolution approving a conditional use
permit for one year to allow the operation of an appointment -only
used -car sales business at 2720 Maplewood Drive. Approval is
subject to the following conditions:
1. Obtaining a license to sell used cars.
2. Cars for sale shall only be brought to the site for a
specific buyer. There shall be no more than two cars for
sale at any one time.
• 3. The eleven spaces in front shall be striped and shall
include one 12 -foot -wide handicap and ten ten - foot -wide
spaces.
411
411
2
CITIZEN COMMENTS
Staff sent neighborhood surveys to 23 property owners within 350
feet of the site. Of the six responses, two were in favor and
four had no comment.
REFERENCE
Site Description
Gross Area: 30,492 sq. ft.
Other Tenants: Speedy Printing, Martin Installation and an
unleased warehouse and office space.
Surrounding Land Uses
North: Don's Body Shop
East: Single - family homes
South: Kohlman Avenue, Angus Meats
West: Highway 61
Planning
• Land Use Plan Designation: SC, (service commercial). This
commercial classification is oriented to facilities which are
local or community -wide scale. While a full range of commercial
uses is permitted in this district, certain types of facilities
which may be of a high- intensity nature, such as fast -food
restaurants, discount sales outlets, gas stations, and light
industrial uses, should be permitted subject to specific
performance guidelines. The objective of establishing this
district is to provide for a wide variety of commercial uses,
compatible with the character and development of the
neighborhoods in which they are located.
Parking: Code requires a minimum of eighteen parking spaces.
The site has eighteen spaces. There are eleven parking stalls in
front of the business site. There is also an unpaved six -stall
parking area to the north office building which is used for
employee parking. There is also one garage stall next to the
Speedy Printing office.
mb
- yanko.mem
Attachments:
1. Location Map
2. Property Line /Zoning Map
3. Site Plan
4. Resolution
411
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5 Attachment 2
2720 N. HIGHWAY 61
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SITE PLAN
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6 Attachment 3
CONDITIONAL OSE PERMIT RESOLUTION
WHEREAS, Joseph Yankovec applied for a conditional use
permit to sell used cars.
WHEREAS, this permit applies to 2720 Maplewood Drive. The
legal description is:
IN THE VILLAGE OF MAPLEWOOD REVISED DESCRIPTION NUMBER 988 A
SPECIFIC PART OF SE 1/4 OF SE 1/4 OF SEC 4 TN 29 RN 22
WHEREAS, the history of this conditional use permit is as
follows:
1. The Planning Commission discussed this application on
July 16, 1990. They recommended to the City Council
that said permit be
2. The City Council held a public hearing on
, 1990. City staff published a
notice in the paper and sent notices to the surrounding
property owners as required by law. The Council gave
everyone at the hearing a chance to speak and present
written statements. The Council also considered
reports and recommendations of the City staff and
Planning Commission.
• NOW, THEREFORE, BE IT RESOLVED that the City Council approve
pprove
the above - described conditional use permit for the following
reasons:
1. The use would be located, designed, maintained,
constructed and operated to be in conformity with the
City's Comprehensive Plan and Code of Ordinances.
2. The use would not change the existing or planned
character of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process,
materials, equipment or methods of operation that would
be dangerous, hazardous, detrimental, disturbing or
cause a nuisance to any person or property, because of
excessive noise, glare, smoke, dust, odor, fumes, water
or air pollution, drainage, water run -off, vibration,
general unsightliness, electrical interference or other
nuisances.
5. The use would generate only minimal vehicular traffic
on local streets and would not create traffic
congestion or unsafe access on existing or proposed
streets.
7 Attachment 4
6. The use would be served by adequate public facilities
and services, including streets, police and fire
protection, drainage structures, water and sewer
systems, schools and parks.
7. The use would not create excessive additional costs for
public facilities or services.
8. The use would maximize the preservation of and
incorporate the site's natural and scenic features into
the development design.
9. The use would cause minimal adverse environmental
effects.
Approval is subject to the following conditions:
1. Obtaining a license to sell used cars.
2. Cars for sale shall only be brought to the site for a
specific buyer.
3. Eleven parking spaces in front shall be striped and
include one 12- foot -wide handicap and ten 10- foot -wide
spaces.
410 Adopted , 1990.
8
t E
MEMORANDUM
TO: City Manager
FROM: Ken Roberts, Associate Planner
SUBJECT: Preliminary Plat Condition Revision
LOCATION: Ripley Avenue and Desoto Street
APPLICANT /OWNER: Donald Torgerson
PROJECT: Torgerson Addition
DATE: July 10, 1990
INTRODUCTION
Mr. Torgerson is requesting a revision to one of the conditions of
preliminary plat approval for the Torgerson Addition. This
condition states:
"City or applicant acquisition of the 35- by 163 -foot parcel
needed to construct Ripley Avenue as a full -width street, through
to Desoto Street. If a City project, the applicant shall pay the
cost of the feasibility study and all other City expenses to
acquire this right -of -way, including attorney's fees." (See the
map on page 6.)
Mr. Torgerson is requesting that this condition read as follows:
"The developer pay the appraised price for the 60 -foot easement,
including appraisal fees, and the City assumes the legal fees for
condemnation."
BACKGROUND
Mr. Torgerson is basing his request on one paragraph from the
April 23, 1984 City Council minutes. The Council discussed the
alignment of Bellwood Avenue and Burr Street through the Twin Oaks
Addition at this meeting. (The Twin Oaks Addition is the plat to
the north.) The Planning Commission considered three alignments
and recommended alternative A. (Refer to the maps on pages 14 -16.)
The Commission also recommended that the Council resolve a means
of acquisition of a 60 -foot easement between 1790 and 1822 Desoto
Street. The Council approved alternative A without resolving how
access should be provided to Desoto Street. The Council resolved
this issue when they approved the Torgerson Addition preliminary
plat on October 24, 1988. The Council required that the developer
obtain the right -of -way or request the City to obtain it through
condemnation at the developer's cost.
ALTERNATIVES
1. Approve the request. The City would then have to pay the
legal costs of the condemnation.
2. Take no action. The developer would then have to pay all the
costs.
411
111 DISCUSSION
Mr. Torgerson feels that the City should pay part of the
acquisition costs, because the City did not provide for a
connection to Desoto Street when the alignment for Burr Street was
approved in 1984. If the City would have chosen alternatives B or
C, the right -of -way could have been required from the Twin Oaks
plat at no cost. The City did not choose these options because
they would have created cul -de -sacs. A through street would be
more desireable to the City for traffic circulation, police
patrols and snowplowing.
The City often requires developers to pay for improvements that
benefit the City or surrounding area, but are not necessarily
essential for the developer's project. Aside from streets, other
examples include oversized or off -site drainage ponds and
over -sized utility pipes.
The Council considered these arguments in 1988 when they approved
the preliminary plat for the Torgerson Addition. The Council
decided that the developer should pay all the costs of the
acquisition. Nothing has changed since then, accept that
Mr. Torgerson has not been able to acquire the property.
The City Engineer informed Mr. Torgerson last year that in order
to proceed with the condemnation, he would have to provide the
City with a letter of credit or cash escrow of $50,000. This is
approximately 150% of the City Attorney's estimate of $35,000 to
acquire the land, including legal costs.
RECOMMENDATION
Take no action.
kenmem35 (Section 17)
Attachments
1. Location Map
2. Property Line /Zoning Map
3. Preliminary Plat
4. Site Map
5. Letter dated 4 -4 -90 from Don and Lauraine Torgerson
6. Letter dated 11 -23 -88 to Don Torgerson from Kenneth Tilsen
7. Letter dated 12 -4 -89 to the Cummins from the Torgersons
8. Letter to the Mayor
9. Alternative A street plan
10. Alternative B street plan
11. Alternative C street plan
12. City Council minutes 10 -24 -88
411
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4110 = PROPERTY IN QUESTION
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6 Attachment 4
April 4, 1990
Mr. Donald Torgerson
1822 DeSoto Street
Maplewood, MN 55117
Dear Geoff Olson:
We, Donald and Lauraine Torgerson would appreciate a date on the
Maplewood Council Public Meeting schedule for the purpose of an appeal
as to the Maplewood Councils' decision of the minutes dated October
24th, 1988 that states:
If the developer cannot acquire the 60 ft. wide right of way between
1790 and 1822 DeSoto Street privately that a petition through
condemnation by the City Council could be recommended and all costs be
paid by the developer.
Our appeal is based upon the paragraph in the minutes dated April 23,
1984, page 13 that reads:
Commissioner Axdahl moved that the planning commission indicate to the
council for the alignment of Burr Street, the concept on page 10 of
staff report is preferred. The council should resolve a means of
acquisition of the 60ft. easement between 1790 and 1822 DeSoto Street to
the parcel.
We feel that the city of Maplewood is responsible for creating this
situation and that they should assist in part to resolve this impasse.
We would like to appeal that the minutes read:
The developer pay the appraised price for the 60 ft. easement including
appraisal fees and the city assumes the legal fees for condemnation.
We are sending a copy of our last proposal to the C4mmins to show that
the offer is far above the appraised value of the 35 ft. easement.
A letter from Kenneth Tilsen is also included to prove that our property
is now Land Locked due to the councils decision to locate the street
through this 35 ft. easement we cannot resolve.
incerely,
Donald & Lauraine Torgerson
7 Attachment 5
LAW OFFICES
K E N N E T H E. T I LS E N
ATTORNEY AT LAW
2220 AMERICAN NATIONAL BANK BUILDING
FIFTH ANO MINNESOTA STREETS
SAINT PAUL, MINNESOTA 55101
ONE 22•-7667
AREA COOS 612
November 23, 1988
Don Torgerson
1822 Desoto Street
Maplewood, Minnesota 55117
RE: Easement over the West 326 feet of the South 35 feet
of the North 530 feet of the SW } of the NE } of
the SW } of Section 17, Township 29, Range 22,
Ramsey County, Minnesota
Our File No. T88 -0227
Dear Mr. Torgerson:
I am advised that the pertinent facts are as follows:
1. The following 411 property is now landlocked. That is, it)
has no access to a public road:
The Southwest } of the Northeast } of the Southwest }
of Section 17, Township 29, Range 22, Ramsey County,
Minnesota.
Except the West 163 feet thereof.
Together with the South 25 feet of the North 495 feet
of the West 163 feet of above said Southwest } of the
Northeast } of the Southwest } of said Section 17,
Township 29, Range 22.
2. On or about January 18, 1961, the then owner of the
property, Torger Torgerson, conveyed to Lauraine M. Torgerson
the following property:
The E. 163 feet of the W. 489 feet of the S. 85 feet of
the N. 455 feet of the SW} of the NE} of the SW },
Section 17, Township 29 N., Range 22 W., together with
an casement for ingress and egress to and from the land
hereby conveyed and through a strip of land described
.as follows, to -wit: The W. 326 feet of the S. 35 feet
Of the N. 530 feet, except part taken for DeSoto
Street; and the E. 33 feet of the W. 359 feet of the S.
75 feet of the N. 530 feet, all in the SW} of the NE}
of the SW;, Section 17, Township 29 N., Range 22 W.
8 Attachment 6
Letter to Don Torgerson November 23, 1988 Page 2
411
3. Lauraine M. Torgerson is still the owner of the
property described in 112 above.
4. On or about January 10, 1962, Lauraine M. Torgerson
(daughter) and Donald A. Torgerson (son) became the owners by
reason of a Final Decree of Distribution in the Estate of Torger
Torgerson, decedent, of the following described property,
to -wit:
The Southwest } of the Northeast } of the Southwest },
Section 17, Township 29, Range 22, except part taken
for DeSoto Street, and except the West 163 feet of the
South 465 feet of the North 495 feet, and except the
East 163 feet of the West 489 feet of the South 85 feet
of the North 455 feet;
Subject to roads and subject to an easement for ingress
and egress to and from the land hereby conveyed over
and through a strip of land described as follows,
to -wit:
The West 326 feet of the South 35 feet of the North 530
feet, except part taken for DeSoto Street; and the East
33 feet of the West 359 feet of the South 75 feet of
the North 530 feet, all in the Southwest * of the
Northeast } of the Southwest } Section 17, Township 29
N, Range 22 W.
5. On or about January 30, 1962, Lauraine M. Torgerson and
Donald A. Torgerson conveyed to John T. Rose and Marilyn A. Rose
the following property which lies upon the easement reserved to
Lauraine M. Torgerson, to -wit:
The West 163.0 feet of the Southwest } of the Northeast
} of the Southwest } Section 17, Township 29 N, Range
22 W, except the North 495.0 feet thereof; and except
the South 30 feet thereof for Ripley Street, and except
that part taken for DeSoto Street, accordingly.
6. Dennis A. Cummins and Julie I. Cummins are now the
owners of that property described in #5 above.
The question is whether or not the easement described in *2
above still exists for the benefit of the property set forth in
#1 above.
I am of the opinion that, assuming the facts set forth in #1
through #6 are true and correct, an easement for necessity has
been created over the property described in *5 above.
111
9
III Letter to Don Torgerson November 23, 1988 Page 3
The specific description of that easement should be
identical to the easement set forth in $2 above to the extent it
lies over the property set forth in 115 above.
The creation of this easement known as a "way of necessity"
appears to be firmly established at common law. The Minnesota
courts do not appear to have clearly ruled upon the issue.
Nonetheless, there is no reason to believe that the Minnesota
court would not follow the established rule.
The general rule may be stated as follows:
Where the owner of lands abutting a public highway
conveys to another all that portion that abutted,
retaining the interior portion from which he had no way
to the public highway except over the land conveyed,
and where there existed a roadway or easement over the
exterior lands at the time of the conveyance leading
from the interior lands to the public highway, there is
a presumption that the parties contemplated the
continued use of the roadway or easement over the
exterior lands.
Further it wo d appear that this way of necessity would
continue ion. .s the necessity continued.
Very t , •- rs,
t e i y
' . I.L._
-nne E. Tilsen
c.c. Mary Bullick
/rlwr
10
•
December 4, 1989
Jolie and Dennis Cummins
1790 Desota Street
Maplewood, Mn 55109 •
Dear Mr. and Mrs. Cummins,
This letter is to inform you of our progress and intent in
developing the Torgerson Plat as given preliminary approval
by the City of Maplewood.
Upon the advice of Mr. John Bannigan, Maplewood's Attorney,
I hired a fee appraiser, Mr. Parranto to appraise the 35'
strip of land needed for the new Ripley Street. I have
enclosed a copy of the report with this letter. We have
contacted your lawyer, Fritz Kueppers regarding the
appraisal and he indicated to us he is willing to examine it
at your request.
It is the consensus of the City Attorney and the Maplewood
staff that we contact you one more time and attempt to work
out a solution prior to a condemnation preceeding being
implemented by the City of Maplewood.
According to the enclosed appraisal, $12,650 was the
appraised price for the 35' right a way, for the proposed
,Ripley Street. We believe Maplewood would consider that to
be reliable and fair market value. Our previous offer of
$15,000 cash on December 13th, 1988 still stands.
We have also considered the possibility of offering you 35'
of land to the east of.your property in exchange for the 35'
on the north for Ripley- Street. With this exchange of
property your garage could be reconstructed (new) on that
property, entering from the new Ripley Street at a point
• _ further east than presently planned. We would be willing to
build this new 14' x 22' garage and provide a paved drive to
the street, or pay you the cost in cash not to exceed
$5,500.00.
411
11 Attachment 7
'
• .• w -•, • 4--
1
Continued....Page 2
Prior to January 1st, 1990, we are also willing to consider
any reasonable counter proposal from you for this right of
way as approved by the Maplewood City Council.
We are sending a copy of this letter to the City of
Maplewood along with our request to open and pursue this
matter to a conclusion.
Sincerely,
Don Torgerson Lauraine Torgerson
j i Tom r • ^ i
•
12
/7f c.
•
•
Edina Realty.
Northeast Suburban Vice
2966 White sear Avenue
Maplewood, Minnesota 55109
(612) 770-1775
Mayor John Greavu
1830 E. Co. Rd. B
Maplewood, MN 55109 Re: Platting Torgerson Property
Desota and Ripley Streets
Council Meeting October 24, 1988
Dear Mayor,
We want to register our concerns on two items in the staff
report, Torgerson property, dated September 28, 1988.
Under recommendations: Item 3 - A page 3
Applicants engineer has indicated that the pond to be constructed
can be designed so as to contain both the rate of storm run off and total
volume, so that completing the entire project at this time would have
no adverse effect on the properties downstream. Applicant is not in
agreement to phasing the project inasmuch as the entire project has to
be constructed to satisfy the phasing requirement as outlined in the
0 staff report.
Item 3 - B page 3
Applicant is not in agreement with the staff report which suggests
applicant shall bear the entire cost of acquisition of the right of way
to Desota Street. We have attached a copy of a letter dated March 10,
1988 from Geoff Olson and the minutes of the 4/23/84 Council approval
of the Twin Oaks Development, along with page 13 of the Planning
Commission recommendation which suggested that council should resolve
the Ripley Street right of way at Desota at that time. While we have
been advised by staff that it is accepted policy to have the developer
bear the entire cost of acquisition, based on above facts and intent
of the council, we are suggesting that the city and applicant negotiate
jointly with the property owners at 1790 Desota to acquire this right of way.
a garvitUj
t7-1 .
Donald Torgerso M ary Bullick
Applicant -Owner Edina Realty
cc: Norm Anderson
III Gary Bastian
Fran Juker
George Rossbach
13 Attachment 8 [bust)
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ALTERNATIVE A
( Approved by Council)
14• - --- Attachment 9
1 FROM 4 -12 -84 TWIN OAKS STAFF REPORT I [nN
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PROPERTY LINE MAP
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ALTERNATIVE B
>''" Area proposed for the Twin Oaks Addition N
15 Attachntnt 10
ALTERNATIVE PRESENTED TO COUNCIL ON 4 -23 -84
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ALTERNATIVE C
Area proposed for Twin Oaks Addition N
1 Attachment 11
se
ALTERNATIVE PRESENTED TO COUNCIL ON 4 - -
t '
8. Councilmember Anderson moved to deny the requested variations from
the platting code to create a temporary, half -width street and a temporary
cul -de -sac in excess of 1,000 feet of length, on the basis that:
a. Approval would adversely affect the spirit of the subdivision
code and the comprehensive plan, because public safety's
ability to provide timely emergency vehicle service could
be hampered or jeopardized.
b. A full - width, through street is a reasonable alternative.
This alternative was planned for by the City when approval
was granted for the Twin Oaks Addition to the north and the
Markfort Addition to the west.
c. Approval is not essential to the reasonable development of
this subdivision.
d. Council has required full - width, through streets to be
guaranteed across adjoining properties as a condition of
approval for other similar proposals.
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach
Nay - Councilmember Bastian.
9. Mayor Greavu moved to approve the TorRerson Addition preliminary
at, subject to satisfaction of the following conditions before appli-
cation for final plat approval:
a. The City signing a contract(s) to construct the downstream
drainage improvements to outlet this and ajoining property
to Round Lake. The City Engineer may approve a phased develop-
ment plan, provided the applicant can demonstrate that on -site
ponding capacity will be adequate to maintain predevelopment
storm water flows from this site. Any lot or street area not
included in the initial phase shall be platted as an outlot
until adequate storm water capacity is provided. The entire
right -of -way for Burr Street and Ripley Avenue shall be platted
and constructed with the first phase.
b. City or applicant acquisition of the 35 by 163± foot parcel
needed to construct Ripley Avenue as a full -width street,
through to DeSoto Street. If a City project, the applicant
shall pay the cost of the feasibility study and all other City
expenses to acquire this right -of -way, including attorney's
fees.
c. Substitute a drainage easement for Outlot B. The property
lines for the adjoining lots shall be extended through the
easement to the south or east boundaries of the site. The
easement shall include all area that would be up to one foot
110, above the approved 100 -year storm design elevation for this
pond. This easement shall also line up with the existing
drainage easement on the properties to the east.
17 Attachme 12
10/24/e8
d. Outlot A shall be combined with an adjacent property. A
deed shall be in the possession of the adjoining property
owner before the plat is signed by the City. The deed to
transfer ownership of this outlot shall stipulate that
this property is to be combined with adjoining property
to form one parcel, to be described by one property tax
description number.
e. The following street names shall be shown:
(1) The north half of the existing Ripley Avenue right -
of -way shall be shown between the west line of Bradley
Avenue and the east boundary of the site.
(2) "Ripley Avenue" shall be shown west of the south
extension of the west line of proposed Lot One, Block One.
(3) The remainder of the through street shall be named
"Burr Street ".
(4) The cul -de -sac shall be named "Summer Court ".
f. Reduce the width of Lots One, Two, Five and Six, Block Two,
to the minimum permitted to maximize the rear yard area
for Lots Three and Four
g. City Engineer approval of final grading, drainage, utility
and erosion control plans. These plans shall include, but
not be limited to:
(1) Identification of the trees to be saved. These trees
shall also be identified on the site.
(2) Revision of the grading plan and /or install storm
sewer along the north boundary of the site to insure that
drainage from this site does not flow into the properties
to the north.
(3) Where possible to obtain grading easements on adjoin-
ing property, make a more gentle transition along the site
boundary to the'.1ots adjoining to the north and northeast.
(4) Provide survey evidence that Ripley Avenue will line
up with existing Ripley Avenue, west of DeSoto Street.
h. Submission of signed developer's agreement and surety for
all required public improvements, including but not limited
to: a full -width street through to DeSoto Street and on-
site utility and drainage improvements; any required tree
planting; erosion control measures; relocation of the NSP
utility pole that will be within the new Ripley Avenue
right -of -way, and, relocation of the driveway for 1822
DeSoto Street to Ripley Avenue.
IMP
Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach.
18 Nay - Councilmember Bastian.
10/24 /88
. t .
• MEMORANDUM
TO: City Manager
FROM: Ken Roberts, Associate Planner
SUBJECT: Street Right -of -Way Vacation
LOCATION: Eldridge Avenue between Hazelwood and
Barclay Streets
APPLICANT: City Engineering Department
DATE: July 5, 1990
INTRODUCTION
Request
The Engineering Department is requesting the vacation of two
portions of Eldridge Avenue, between Hazelwood Street and
Prosperity Road. (See the map on page 5.)
Reason for the Requests
Adjacent property owners have requested these vacations as part
of the City's negotiations to acquire land for the Footprint Lake
storm sewer project.
• CRITERIA FOR APPROVAL
State law states that a city cannot vacate a street unless the
vacation is in the public interest.
DISCUSSION
The City should vacate the two portions of the Eldridge Avenue
right -of -way as shown on the map on page 5. The construction of
Eldridge Avenue between Hazelwood and Barclay Streets is not
possible due to the storm water pond and topography. It has been
the City's policy to vacate unneeded public rights -of -way.
The middle portion of the right -of -way should remain as public
property. The middle portion will be part of the Footprint Lake
storm water pond which the City must own in fee title or as
right -of -way.
•
•
RECOMMENDATION
Adopt the resolution on page 6 to vacate two portions of the
Eldridge Avenue right -of -way. These are between Hazelwood Street
and Barclay Street. This vacation should be approved because:
1. It is in the public interest.
2. There is no need for a public street in this location.
3. The adjoining properties have adequate street access.
4. The adjoining property owners have no interest in having
the street constructed.
5. It has been the City's policy to vacate unused rights-of-
way whenever possible.
This vacation should be subject to the retention of an easement
for drainage and utilities over the entire right -of -way.
•
411
2
• REFERENCE
Surrounding Land Uses
North: Apartment buildings and garages.
East: John Glenn Junior High School and Hazelwood Avenue.
South: The rear yards of single - family homes facing Hazelwood
and Barclay Streets.
West: Barclay Street and single family homes.
Legal
Chapter 412.851 of Minnesota State law states that "the council
may, by resolution, vacate any street, alley, public grounds,
public way, or any part thereof, on its own motion or on petition
of a majority of the owners of land abutting on the street,
alley, public grounds, public way, or part thereof to be vacated.
When there has been no petition, the resolution may be adopted
only by a vote of four - fifths of all members of the council. No
such vacation shall be made unless it appears in the interest of
the public to do so . . ."
• eldridg.
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(Section 15)
Attachments
1. Location Map
2. Property Line /Zoning Map
3. Vacation Resolution
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ELDRIDGE ROW VACATION
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5 Attachment 2
IIM VACATION RESOLUTION
WHEREAS, the City of Maplewood Engineering Department
initiated proceedings to vacate the public interest in the
following described:
That portion of the Eldridge Avenue right -of -way abutting
the west 10 feet of Lot 20 and all of Lots 16 through 19,
Block 24, Sabin Addition to Gladstone, Ramsey County,
Minnesota;
That portion of the Eldridge Avenue right -of -way abutting
Lot 1, Block 1, Wakefield Manor, Ramsey County, Minnesota;
That portion of the Eldridge Avenue right -of -way abutting
the east half of Lot 26 and all of Lots 27 through 30, Block
24, Sabin Addition to Gladstone, Ramsey County, Minnesota;
That portion of the Eldridge Avenue right -of -way abutting
the east 180 feet of Lot 1, Block 1, Hazel Estates, Ramsey
County, Minnesota.
WHEREAS, the history of this vacation is as follows:
1. The Planning Commission discussed this vacation on
July 16, 1990. They recommended to the City Council
that this vacation be approved.
2. The City Council held a public hearing on
, 1990. City staff published a
notice in the Maplewood Review and sent notices to the
abutting property owners as required by law. The
Council gave everyone at the hearing a chance to speak
and present written statements. The Council also
considered reports and recommendations from the City
staff and Planning Commission.
WHEREAS, after the vacation is approved, public interest in
the property will accrue to the following abutting properties:
Lots 16 -20, Block 24, Sabin Addition to Gladstone,
(2108 Barclay); Lot 1, Block 1, Wakefield Manor,
(2092 Barclay); Lots 26 -30, Block 24, Sabin Addition to
Gladstone (2107 Hazelwood); and Lot 1, Block 1, Hazel
Estates (2091 Hazelwood), all in the City of Maplewood,
Ramsey County, Minnesota.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve
the above - described vacation for the following reasons:
1. It is in the public interest.
2. There is no need for a public street in this location.
6 Attachment 3
• 410 3. The adjoining properties have adequate street access.
4. The adjoining property owners have no interest in
having the street constructed.
4. It has been the City's policy to vacate unused rights -
of -way whenever possible.
This vacation is subject to the retention of a public
drainage and utility easement over the entire right -of -way.
Adopted this day of ,1990.
7