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05-650Council File # C- F. � 05 , (��S Resolution # Green Sheet # 3027323 Presented By Referred To Committee: Date Lot Split Approvai for Landmark Development (1375 McLean) WHEREAS, Landmark Development, Zoning File # 05-117-803, has submitted for City Council approvai the attached lot split for subdivision of property to create 2 residential parcels, with variance of the requirement that the lots have frontage on an improved street, at 1375 McLean, between Etna & Clarence; and WHEREAS, the appropriate City departments have reviewed the lot split and found, subject to the recommended conditions, that it meets the requirements of Chapter 67 of the Zoning Code; and 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, notice of public hearing before the City Council was duly published in the official newspaper of the City on June 27, 2005, and notices were duly mailed to each owner of affected property and property situated wholly or partly within 350 feet of the subject property; and WHEREAS, the City Council held a public hearing on the proposed lot split with variance on July 6, 2005, at which all interested parties were given an opportunity to be heard, the Councii having considered ail the facts and recommendations concerning the lot split; NOW, THEREFORE BE IT RESOLVED, that the City Council accepts and approves the attached lot split for Landmark Development (1375 McLean) to create 2 residential parceis, with variance of the requirement that the lots have frontage on an improved street, subject to the following conditions: 1) No additional houses may be built on the property until this section of McLean Avenue is improved to City standards, at a minimum including paving and installation of public sewer and water mains; 2) The applicant shali file a copy of the Council Resolution approving the lot split with the Ramsey County Recorder's Office. xequested by Department of: Planning & Economic Development By: / � Approved by Financial Services By: Adopted by Council: Date Adoption ApF RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Form approved by City Attorney � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � � . � l��S_ t.�f� ; DepartmeM/office/council: � Date Initiated: ( LA� "r �� P - P�an,� g &�no�� D�e�o�, � 08-JUL-0S Green Sheet NO: 3027323 ; � � � i Deoartrnent Sent To Person Initial/Date �� Contact Person & Phone: � � Emily Ulmer I 0 laooioe & Economic Develoo � 266-6591 I puign 1 � lannin2 & Economic Develoo I Deoartnent Director i 18 i Must Be on Council Agenda by (Date): i Number I 2 'tv Anornev i jV ";-l � Routing 3 vor's Office � Mavor/Assispnt I � 'I Obe� 4 ouocil i 5 ICitv Clerk I Ciri Clerk i i 1 I ' � 7otal # of Signature Pages _(Clip All Locations for Signature) , Action Requested: � � Adopt resolurion memorializing City Council action appioving a subdivision lot split to create 2 residential pazcels, with a variance of I the requirement that the lots have frontage on an improved street. The public hearing was held on 7uly 6, 2005. Recommendations: Approve (A) or Reject (R): Personal Service Contracks Must Answer the Following Questions: Planning Commission 1. Has this person/firtn ever worked under a contract for this departmenY? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No , 3. Does this personffirm possess a skill not normally passessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): � I Landmark Development, submitted an application for a lot split to create 2 residenrial parcels, with a vaziance of the requirement that I lots have frontage on an improved street. The lots must be split prior to sale of the house at 1375 McLean. Landuiark Development will not build houses on the remaining lots until the street is improved to City standazds. The City Council approved lot split with variance on July 6, 2005, afrer a public hearing. I AdvanWpeslfApproved: The lot split and variance will be adopted per City Council intent. �� V �� i DisadvantageslfApproved: �� q q n005 None. 1 � L �I �j� .�Lj.n�jFri'f��rr'(1 �'�f`tns �6 9 E (`� i n ol [�� I I Disadvantaqes If Not Approved: c � City Council action will not be completed. JUL � J 2�� RECEIVED ; Total Amount of � CosVRevenueBUdgeted: �U�- '3 0�5 Transaction: � Fundinq Source: Activity Number: MAYOR OFFICE Fi nancial Information: (Explain) �� S ` F a� O •, ,�� i s. ' � �,: �S� � C- � > , z. 9 - [ Z BF . 04'££t 3 ,Z5,80.0 N� 2� �X �� a � o � S� � -� I N NI CI Y F l ^$�� -' V�/ I N ' r �:. -�.g.�: , � . T � �� s ;.�';. 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Kelly, Mayor June 22, 2005 Ms. Mary Eridcson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Erickson: 25 WestForvtfi Sueet S¢"vrtPaul, MN55102 Os -l�50 � Telephone: 657-266-6700 Fanr�eJe: 651-128-3220 I would like to confirm that a pubiic hearing before the City Council is scheduled for Wednesday, July 6, 2005, for the foliowing zoning case. Zoning File Number: Applicant: Address/location Purpose: Previous Action: OS-117-803 David Reed 1375 McLean, between Etna and Clarence Subdivision (lot split) to create 2 residential R-4 parcels, with a variance for lots with frontage on an unimproved street City staff has reviewed the proposed lot split and finds it in conformance with the City Code, subject to City Councii approval of the variance requirement for frontage on an unimproved street. A staff report will be prepared and provided to the Council the week prior to the public hearing. I have confirmed this day with Councilmember Lantry's office. My understanding is that this public hearing request will appear on the agenda for the July 6, 2005, City Council meeting and that you wiil publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6591 if you have any questions. Sincerely, Emily Ulmer City Planner cc: File #: 05-117-803 Applicant: David Reed Paul Dubruiel Wendy Lane Carol Martineau Allan Torstenson ' � - NOTlCE OF �OBIdC �G The Saint Paul Gity Council will coa- ducta� publichearing on Wednesday, Jnly 6, 2005 at 5:30 p.m. in the City Cuuncil Chambers, Third Floor City E3'all, 15 West Kellogg Boulevard; to ednsi3e?.the appli- cation ofDavid R.eed fora Sulidivision Qot split) to ereate two (2)msi�ential R4 par- cels with a variance far lots with-&vatege . on an nnimpro"ved�street at 1375 Mel.ean Avenue between Etna and CIarenee Streets. " - . Dated: June 27, 2005 � .. . MARY ER[CKSON, . � Assistant City council Secretazy � - _(June 30) . _ -�--T- 31: PAOL iEGAL•n's•-� 2209&I18 AA-ADA-EEO EmptoyEr DEPARTMENTOFPLANNING & ECONOMIC DEVELOPMENT Susan Kimber[y, Direc[or CG-650 1=f CTTI' OF SAINT PAUL Randy C. Kelly, Mayor � u June 29, 2005 Ms. Mary Erickson City Counci( Reseazch Off3ce Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Erickson: 25WestFourthStreei Telephone:651-266-6700 Saint Paul, MN 55102 Facsimile: 651-228-3220 RE: Zoning File #: OS-117-803: Landmark Development Group, LLC Subdivision lot split to create 2 residential parcels, with variance of the requirement that lots have frontage on an improved street. 1375 McLean, between Etna and Clarence City Council Hearing: July 6, 2005, 5:30 p.m, City Council Chambers PURPOSE: To consider a subdivision lot split to create two residential pucels, with variance of the requirement that lots have frontage on an improved street. Dear Ms. Erickson, Landmark Development has submitted an application for lot spilt approval for subdivision of property at 1375 McLean, to create 2 residential parcels, with variance of the requirement that lots have frontage on an improved street. Attached is a copy the staff report and supplemental information for your consideration. Subject to the conditions recommended in the attached staff report, this application meets all subdivision requirements and staff recommend approval of the lot split at 1375 McLean Avenue. This item is scheduled to be heard by the Saint Paul City Council on July 6, 2005. Please call me at 266-6591 if you have any questions. Sincerely, �� /" � Emily Ulmer City Planner Attachments ca City Council Members, Lany Soderholm, Wendy Lane, Landmazk Development AA-ADA-EEO Employer OS -b So SUBDIVlS10N STAFF REPORT . FILE # 05-117-803 1. APPLICANT: Landmark Development Group HEARING DATE: July 6, 2005 2. TYPE OF APPLICATION: Lot Split with Variance 3. LOCATION: 1375 McLean, between Etna and Clarence 4. PIN AND LEGAL DESCRIPTION: PIN 34-39-22-33-0016, 34-29-22-33-0015, 34-29-22-33-0014; Lots 8, 9, 10, and 11, Block 29, Auditors Subdivision N0. 62, Ramsey County 5. PLANNING DISTRICT: 4 6. ZONING CODE REFERENCE: §69.3Q4; §69.703 7. STAFF REPORT DATE: June 29, 2005 8. DATE RECEIVED: June 3, 2005 PRESENT ZONING: R4 BY: Emily Uimer DEADLINE FOR ACTION: October 1, 2005 A. PURPOSE: Lot split to create 2 residential parcels, with variance of the requirement that the fots have frontage on an improved street. B. PARCEL SIZE: 29,891 sq. ft. C. EXISTING LAND USE: Single Family Residential D. SURROUNDING LAND USE: North: Single-family residential (R4) East: Singie-family residential (R4) . E. ZONING CODE CITATION: §69.304 provides standards for approval of lot splits and adjustments of common boundaries. §69.703 sets standards for approving variances of the subdivision regulations. South: Single-family residential (R4) West: Single-family residential (R4) F. HISTORY/DISCUSSION: Landmark Development purchased the home at 1375 McLean Avenue, which included additional vacant parceis, in 2004. After purchasing the fand, Landmark applied to replat the combined parceis to provide for construction of new single-family housing (Zoning File 04-164-775). The Planning Administrator notified the applicant by letter on November 22, 2004, that the preliminary plat was denied because the lots wouid front an unimproved part of McLean Avenue. Landmark Development had not been aware of this issue and had originally scheduled sale of the house located at 1375 Mc�ean in December of 2004. In February, 2005, Landmark applied for a lot split for fewer lots than the plat (Zoning File 05-068-183). Landmark was informed by letter on Apri129, 2005, that the Planning Administrator couid not approve the lot split because the proposed lots do not have frontage on an improved street and access to municipal services. The letter stated that the lot split could be approved if the necessary improvements to MeLean (including paving and public sewer and water) were made, or if the City Counci( grants a variance to the requirements for improvements to McLean. G. DISTRICT COUNCIL RECOMMENDATION: The District 4 Community Council had not commented at the time of this report. H. FINDINGS: 1. Landmark Development has applied for approvai of a lot spiit for only two lots, with a variance • of the requirement that the lots have frontage on an improved street, to be able to seil the existing house at 1375 McLean and a 5890 sq. ft. lot for the house to first time home buyers. The buyers have been waiting to close on their house since last December. In their application Landmark notes that they understand, to meet the intent and purpose of o5doso Zoni�g Fife 05-117-803 Subdivision Staff Report Page 2 subdivision requirements for frontage on an improved stre�t, there may be a cond+tion for approval of the lot split that the remaining 24,000 sq. foot parcel can not be developed until McLean has been approved to City standards. 2. § 69.304 of the Zoning Code permits administrative approval of lot splits and adjustments of common bourtdaries without platting, provided the following conditions are met: (1) The lot orlots have frontage on an existing improved street and access to municipal services. This condition is not met. The applicant has requested a variance of this condition. (2) The lot or lots to be divided are previously platted land. This condition is met. (3) The lot or lots meet fhe minimum standards for lot width and area for fhe zoning district in which they are located. This condition is met. The minimum lot width in an R4 Residentiai District is 40 ft. with a lot area of at least 5,000 square feet. Both lots meet or exceed these minimums. The lot for the existing house at 1375 McLean is 44 feet wide and has an area of 5890 sq. feet. The remaining vacant parcel of 180 feet wide and 24,001 sq. ft. in area. (4) 7he division of the lots shall not cause a remaining parf of a lot to become a separately described tracf which does not meet the minimum standards of the zoning district in which it is located or which does not have street frontage and access to municipal services. Both lots meet the minimum standards and have street frontage on McLean Avenue. However, McLean is not an improved street. The applicant has applied for a variance of this condifion. (5) The division does not result in a split zoning classification on a single lot. This condition is met. The area surrounding the site is zoned R4 Single-family Residentiai. (6) The division does nof result in the creation of a nonconforming structure or use. This condition is met. The applicant is providing a driveway easement (attached) to provide access to the existing garage behind the house at 1375 McLean. (7) No lot shall be created where the buifding pad area for the principal structure has an existing slope steeper than eighteen (18) percent or where a driveway steeper than twenty (20) percent is required to reach the building site. This condition is met. 3. Sec. 69.703 authorizes the City Council to grant variances to the subdivision regulations when compliance would create an unusual hardship to the development of the land, based on the following findings: (1) The infent of this chapter is met. This condition can be met subject to the condition that no additional houses can be built on the property until this section of McLean is improved, at a minimum including paving and installation of public sewer and water mains. An approval with this condition would merely provide for sale of the existing house, and would othervvise protect the status quo until McLean is properly improved to provide for new. houses. (2) The granting of the variance will not be detrimenfal to the public safety, health or welfare or injurious to other property or improvements in the neighborhood in which the property is located. This condition can be met subject to the condition that no additional houses are buiit on the property until this section of McLean is improved. This condition would protect the public safety, health and welfare by ensuring that a street improved to City standards, inciuding public sewer and water mains, is provided before any new houses are built. (3) The conditions upon which the request for a variance is based are unique to the property • � . D5-�5o Zoning File 05-117-803 � Subdivision Staff Report Page 3 for which the variance is sought and are generally not applicable to other properfy. The unique conditions and reasons for the requested variance for this property, including a good faith sale of the existing house to new home buyers for which closing has already been delayed, has been adequately addressed in the variance application. (4J The literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by ofher properfies in the same zoning district. This condition is met. At least three improved parcels have primary access via unimproved McLean. (5) The special conditions and circumstances do not result from the actions of the applicant. This condition is met. The special conditions and circumstances pertaining to this variance request, inciuding a good faith sale of the existing house to new home buyers, has been adequately addressed in the variance appiication. (6) Because of the particular natural surroundings, shape or topographical conditions of fhe specific property involved, unusual hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations were carried out. This condition is met. Given the particular shape and topographical conditions of the property, it would be unusual hardship to not be able to sell the house along with only the portion of the property directly related to the house, particularly if the variance only provides for sale of the house and a lot of reasonabfe size for the house, and otherwise protects the status quo untif this section of McLean Avenue is improved. i. STAFF RECOMMENDATION: Based on required findings, staff recommends approval of the lot � split to create 2 residential parcels, with variance of the requirement that the lots have frontage on an improved street, subject to the following conditions: 1. No additional houses may be built on the property until this section of McLean Avenue is improved to City standards, at a minimum including paving and installation of public sewer a�d water mains. 2. The appiicant shall file a copy of the Council Resolution approving the plat with the Ramsey County Recorder's Office. Attachments: Application Lot Split Survey Copy of the driveway easement agreement Letter from the applicant describing the previous easemenUtitle issue Letters to the applicant 2004 and 2005 Site photos Site Location Maps r D5 -�5 0 APPLICATION FOR ZONIidG VARIANCE � '�I OFFICE OF LICENSE, INSPECTION, AND IR . 11 EIWIRONMENTAL PROTECTION i�� 300 Lowry Professional Building �� 350 SL Peter Street Saint Pau� M1V 55102-I510 - (651)166-9008 APPLICANT Zoning,office use only File # o�` � � �.�V � Fee_ Tenfative hearing dafe: SactioFtls) Gity agerii PROPERTY Address 1 INFORMATION Legal Description (attach addifional sheet if necessary) Lot Size Present Zontng Present � Proposed Use �iN�/ J 1. Varlance(s) requested: � �.7�� 2. What physical characterlstics of the property prevent Its being used for any of the permitted uses in your zonel (topography, size and shape of lot, soil conditions, etc.} 3. Explain how the strict application of the provisions of the Zoning Ordinance would result In peculiar or exceptionai practicai difflculties or exceptional undue hardships. CASHIERS USE ONLY 4. Explain how the granting of a variance will not be a substantia! detriment to the public good or a substantial impairment nf the (ntent and purpose of the Zoning Ordinance. � �,�- � �� , � �d� ApplicanYs JVIY J LVVJ ai i�� i�a.n�.��unv• OS �50 1. Variance(s) Requested: the variance request applies to 69.304(1) of the City Code, which requires that subdivided "lots must kave &ontage on an existing improved street and access to municipal services." 2. W}tat physicai characterisYics of the property preveni its being used fro any of the permitted uses in your zotte? (topography, size and shape of lot, sotl conditions, etc.) N/A 3. Explain how the strict application of-the provisions of the Zoning Ordinance woald resutt in peculiar or exceptionat practical difficutties or exceptionat undue hardships. Landmazk Development Group, LLC (LDG) has met with City staff on several occasions regarding this property, inclt�ding three meetings that took place before the property was purchased by LI?G. At those meetings, LDG sought to clarify the status of the property and the likelihood that the land couid be subdivided LDG was told on several occasions that the land could be subdivided with no variances provided that the lots mct the size requirements established by the City. As a result of those meerings, LDG purchased the home at 1375 McLean Avenue East, which included parcels attached to the home, for the purpose of subdividing ihe attached lots and buiiding new homes on the lots. After surveying the land and applying for a replat of the combined parcels, it was brought to the attention of T.DG that the replat wouid be denied because the part of McLean Avenue Bast that the land fronts was unimproved, even thought the City maintains the street and the s�eet is paved with asphalt. However, because LDG was previously given no indication that the land could not be subdivided, the home at 1375 McLean Avenue East was offered for sale as a sepazate pazcel from the remaining land. As a result, the home was sold and originally schedvled to close on December 23, 2004. Once it was deternuned that the tand coutd not be subdzvided, LDG scheduled a meeting with the City to discuss options for the land. Attendees of that meeting were Allen Lovejoy, Peter Gallagher, Dave Morupho, Linda Murphy, Lazry Soderhoim, David Reed of LDG, and two addirional unidentified City employees. At that meeting, a City staff person suggested that we apply for a lot split in lieu of a zeplat of the entire parcel as to reduce the financial burden on LDG until the street unprovement issues could resolved. Lazry Soderholm was asked specifically if he thought it would be possible to subdivide only the home and not alter the vacant lar,d in any way and he indicated that the lot split would not be a problem. Therefore, LDG moved forwazd with the potential buyers of 1375 McLean Avenue East maldng them awaze that the exact close date would be determined when the lot split was approved by the City of St. Paul. LDG submitted a request for a lot split with the accompanying survey to show the proposed boundaries. � � � OS-�5o • After waiting approximately 5 weeks, the City responded with a denial of the proposed lot split due to the fact that McLean Avenue Bast was an unimproved street. LDG is now in a very peculiaz posifion because we have contracted to sell the home and ate unable to do so because the home cannot be subdivided. The potential buyers aze very upset with LDG and have questioned whether LDG is "playing games due to the fact that the buyers are of a minority status." LDG is concemed about possible discrimination claims if the home cannot be sold to the potentiai buyers as soon as possibie. 4. Explain how [he granting of a variance will not be a substanttal detriment to the public good or a substantial impairment of the intent aad purpose of the Zoning Ordinance. It is the opinion of LDG that granting this variance will not harm the interests of the public in any way. The home at 1375 McLean Avenue East is an existing home, and therefore granting this variance will simply allow for someone to take ownership of the home. The potential buyers of the home aze first time homebuyers and they would be devastated if they were not able to purchase this home. The have waited patiently for several months to be homeowners and it would be uttfortunate for these circumstances to prevent them from owning their own home. � Required Findings. 4. lhJ � 5. The conditions that exist for this request are unique to this property. As mentioned above, Landmark Development Group, LLC discussed plans to develop this land for singie family housing with several city employees, prior to purchasing the home, and nothang was mentioned about the inability to subdivide the land. In fact, LDG was told that subdividing the land would not be a problem. We as property owners in this azea aze interested in selling the home at 1375 McLean Avenue East. We understand that conditions exist that would prevent � any further development of the vacant land neaz 1375 McLean until the street has been improved to City standards. The special conditions present in this situation exist because LDG was not given an accurate assessment by the City of the likelihood that the land couid be subdivided. LDG would not have purchased the home or the land if given an accurate answex during preliminazy discussions with the City. • � . . 8( LOT SP�:1T S�J��EY WlTt� ELEV�TfOt�#S _ _ fClt': l.A�IE}IN[�1RK fl�E�IELOPII�E�lT GRC�U�' S1�"�: i 3�5 lU��L�A� AV�I��E E�ST �T. PAI�L�, ��t��IE��T,4 a � • ' l��finn. Reg. No. 23677 � CE#�TIF�CATlQN: k here,'�y certify that this survey, p(an or repor[ was prep�red !�y rrye ; or under my direci superrisiori and that i dm a duly Registerad ,l.or,d 5urveyar under the Iaws of fhe Sta4e of hRinnesffta. Dafe: ICorit 23 2QD4 � , � Themas E. -Hodorff z'2-os Ra� `; `---_ = - z_i1ro a � Roy�� ?��n;F Qto ` ' ��Iaft in•b tae No. h/ � "� � ��VMir � � 05-�So - � - � t:.��.I��PT'!{}� Lots 8, 9, 1Q, artd 11, Bieck 29, AUf3#TORS SUSt71VisI0N N�. fi2, Roms�y County t�tins�esotcr _ P��}��5��3 LEGAL DESCRI�'TIt�N; PARCEL S: That part of Lot 8 iying East af the West 12.04 feet therEfff, - Btock 29, AllE?fT{�S SUB{}1VfSi0N �FO. 62 Rarxtsey County, Minnesota. PARCEL 2: Lots 8; .3Q, 1f Cr+d tha West 12.04 fsst af Lot 8, 8(oc.tc 29,. . kllDITQRS SUBQfViSf04ti NQ. 62, Romsay �ounty, Mirt�esata. ; { F'�C3F"t}S�� AF��1�: RRRCEL 1: 5,890 squcre {es{ - p,t35 ssaes. PARf�EL 2� 24 OOt square #eet = ft 554 . . . actes. ;� l7�fY�fgl'1L �4:t��: . _ � 1. Ihe' hearing systcm used is assumetl, ,_ _ 2. 'ihe hcation af the undergrouruf n{ilities shc�wn hereon, i€ any, are appco�q�e, ont� I PURSUANT.TQ IkSA 21&fl C�1T,4CT t�7PHEi2 SFATf f#dE CAlL AT..{fi72} 4�4--00p2 PRlt#t�T(S ANY EXC�iVA�1bN. �� : 3. Si#s _area = 29.891 sq�are faet = Q6$6 ocres. � ' 4. This survey was made on the graund. � Na ourcent titts work was fitmished for the preparatien pf this survaY. i�at QescriPti9n, . recarded or urxecorded easements and ancumbrances are subject to rayision.-upan ceceip{ �# .' curront GUe wark. .. _ ' 6. Qavatiort detum is basad wt da#a.obtainW from the City o# S�. Paui; 8end: mark is Soeuted ire #he ROYt a# 6iclean Ave E(AS SHOYn+1 QN ,Sl1RVEYj _. 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N1011fl S . . m • 1�� . . o` t S B S �NLL51X3 '�NILSIx3 S� qK v � �9�H f3Ntt IX$ ._ g , � m � � q( r 5t . : � ...� � : "= ,�' eo . C ' � `\\�; � : `% � . � e s . � ? : � eZ'____'__' £b'Z£L � � „Z9�4'�0.6 N' , � - L'__�� K `x ° 's `-< . _� . �' i - . t I i C< � �; �o $, ss, � .. `. � _ � � , 05-1050 � DRIVEWAY EASEMENT AGREEMENT TFIIS AGREEMENT is made and entered into this � �S� day of February, 2005, by and between Landmark Development Group, LLC, a Minnesota limited liability company, (hereafter called the "Grantor"), and Landmark Development Group, LLC, a Minnesota limited liability company, (hereafter called the "Grantee"): WITNESSETA: WAEREAS, the Grantor owns and has title to real estate in Ramsey County, Minnesota, described as follows: � Lot 9, Block 29, Auditors Subdivision No. 62, Ramsey County, Minnesota, and the West 12.04 feet of Lot 8, Block 29; Auditors Subdivision No. 62, Ramsey County, Minnesota. (hereafter, "Tract 1"). WHEREAS, the Grantee owns and has title to real estate in Ramsey County, Minnesota, described as follows: Lot 8, Block 29, Auditors Subdivision No. 62, Ramsey County, Minnesota, except for the West 12.04 feet thereof. (hereafter, "Tract 2"). WFIEI2EAS, the Grantor desire to grant to the Grantee an easement that allows the Grantee to use a portion of the Grantor's property as a driveway to be located on and extending across a portion of Tract l, as more fixlly described below. WHEREAS, the easement is to be described as follows: Easement for driveway purposes over and across those parts of Lots 8 and 9, Block 29, Auditors Subdivision No. 62, Ramsey County, Minnesota, lying within an azea described as follows: The North 10.00 feet of the East 43.64 feet of Lot 9, Block 29, Auditors Subdivision No. 62, Ramsey County, Minnesota, • AND the West 14.00 feet of the East 43.64 feet of Lot 9, Block 29, Auditors G�5-�50 Subdivision No. 62, Ramsey County, Minnesota, AND the North 10.00 feet of the West 12.04 feet of Lot 8, Block 29, Auditors Subdivision No. 62, Ramsey County, Minnesota (hereafter, the "Easement"). WHEREAS, the parties desire to set forth this Agreement in writing for their benefit and the benefit of their heirs, successors and assigns in interest. NOW, THEREFORE, based upon the mutual agreement of the undersigned parties, and in consideration of the benefit and obligations derived therefrom, the receipt and sufficiency of which are hereby acknowledged: IT IS MUTUALLY COVENANTED, STIPULATED AND AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. GT2ANT BY TIIE GRANTOR. The Grantor hereby grants to the Grantee, their heirs, successors and assigns in interest, the Easement as described herein, which shalI be a non-excIusive perpetuaI driveway easement and right-of-way over and across such part of Tract 1. 2. APPURTENANT. It is further understood and agreed that the Easement granted herein is to be held by the Grantee and the Grantee's heirs, successors and assigns in interest, as appurtenant to the land owned by them and described herein. 3. MAINTENANCE AND COSTS. The parties agree, for themselves and their heirs, successors and assigns in interest, that neither shall be responsible to the other to maintain the Easement or to remove snow from the Easement, it being the agreement that each party shall be responsible to maintain the Easement and remove snow from the easement to the extent each party deems necessary or reasonable for their respective use. Further, the parties agree, for themseives and their heirs, successors and assigns in interest, that if any changes or damages resulring from any affirmative acts by either party are made to the land within the driveway Easement granted over and across Tract 1, the party responsible for the damages or chan�es shall pay for any repairs, including but not limited to, restoration of the soil, grade and vegetation within the easement to substantially the same condition as existed prior to any such affirmative act. 4. COVENANTS RiTN WITH THE LA1VD. It is fitrther agreed that all of the covenants herein shall run with the land. The burden and benefits of this AgreemenY are intended to attach and run with the preruises of the Grantor and the Grantee, and to their respective heirs, successors and assigns in interest. �� • 2 05-�50 i 5. GRANTEE CONSENT. Grantee consents and agrees that Grantor shall have the unconditional right to modify the location of the Easement upon or in connection with the development and/or subdivision of I,ots 9, 10 and 11, Auditors Subdivision No. 62, Ramsey County, Minnesota, provided that the Easement as modified provides sufficient access to Grantee's Property. Grantee agrees that the Easement modification may provide for proportional shared costs of maintenance for the Driveway. Grantee agrees to execute upon Grantor's request an Easement Agreement or an Amendment to this Agreement to accommodate such a modification. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. GRANTOR: LANDM DEVE P T GROUP, LLC . By: .� Its: C — Ma�r�c�� GRANTEE: LANDM EVELOP E GROUP,LLC By: Its: Crf ;o nA ci • oS-�5o STATE OF MINNESOTA ) ) COUNTY OF �(�--�C-�s�d ) The foregoing insh�menT was aclmowledged before me this �/ S� day of � �; 2005, by� � � the ° (J� �Ai1at� �� of Lan ark Deve opment Group, LLC, a' nesota limited liabilit company, the C:rantnrnamed herein_ m g MARYT.KRAUS 3 �� NOTARYPUBLIC-MMNES6TA . MyCanm�pn6cphe,sJan.31,2010 STATE OF MINNESOTA ) ) COUNTY OF-��) � � Notary Publ,� / e foregoing instrument was acknowledged before me this � 1 S� day of , 2005, byCM� fiah� A-rv�o� , the "/I,� ZFC� of Landmark Dev lopment Group, LLC, a innesota limited liability mpany, tl Grantee named herein. � � MANY7.KRAUS � NOTARYPUBLIC-MINNESOTA � m MyCommissionExOiresJen. THIS INSTRUMENT WAS DRAFTED BY: LANDMARK DEVELOPMENT GROUP 971 SIBLEX MEMORIAL HIGHWAY LILYDALE, MN 55118 (CHRIS AMES) (65I) 230-9200 � �- - / Notary P ; l� i � r1 �J � � I� . � � LLL L�L LLL LANDMARK DEVELOPMENT GIZOUP, LLC REAL E=TATE. CLINSTRCICTILIN. LIFESTYLES. 971 Si61ey Memorial Highway = h�lendota-H��ghts, MN 55118 651.455125c Eax 651.455948fi .,':�� f y � i;t. ' `} ' � It CJ • To whom it may concern: I am writing this letter to clarify the issue of an easement that previously eJCisted on Lot 1 Q Block 29, Auditor's Subdivision No. 62, Ramsey County, Minnesota. The previous owners, Ken and Wanda Mahnke, of 1375 McLean Ave E, Lots 8, 9, 10 and 11, Biock 29, Auditor's Subdivision No. 62. I have enclosed a copy of the proposed plat for the aforementioned land. The existing home sits on Lots 8 and 9. Many years ago the Mahnke's purchased lots 10 and 11 irom a resident of the neighborhood. Apparently, when those lots were purchased Mr. Seller was deceased. Some years later, Mrs. Seller also passed. As a result of an apparent incomplete probate process, a question remained as to clear titie of the land. This was discqvered when we at Landmark Development Group, LLC were preparing to purchase the land. While Ken and Wanda Mahnke owned the land they wished to grant access across their land for Mary I,ou Bartlett, XXX Pacific Ave E, to access her garage. On March 13, 1991 they gaue her a quit claim deed for an easement A copy of the absuact entry is enclosed, entry#119. As a result of this perceived title "cloud," it became apparent that the Mahnkes would need to clear title on the property prior to closing with Landmark Development Group, LLC. Therefore, Lommen, Nelson Law firm of Minneapolis was hired to represent the Mahnkes and clear the title. John Giblin of I.ommen, Nelson was the attomey who represented the Mahnke's. John can be reached at (612) 336-9336. A quiet title action was commenced and completed in late 2004. During that quiet titie action, a Quit Claim Deed was obtained from Mary Lou Kohl, formerly Mary Lou Bartlett, to Quit Claim her interest in the land back to the Mahnkes. Furthermore, all neighbors, previous neighbors, previous owners, previous sellers and their known family members were contacted and norified of this acrion. No claims were made as to ownership of the properiy. Any evidence of this action could be obtained from John Giblin. Therefore, it is our position that no easement or ownership interest in any portion of Lots 8, 9, iQ or Il, Auditor's Subdivision No. 62, Ramsey Caunty exists at this time otkLer than the ownership interests of Landmark Development Group, LLC. www.thela ndma rkgroup. net �5 ��050 CITY OF SAINT PAUL Randy C. Keity , Mayor Apri129, 2005 Mr. Chris Ames Landmark Development Group LLC 971 Sibley MemoriaI Higfiway Lilydale, Minnesota 55118 RE: 1375 McLean Avenue Lot Split Zotting File #OS-068-183 Deaz Mr. Ames: DEPAR"MENT OF PLANNNG & ECONOMIC DEVELOPMENT Susan Kimberly, Director ZS Wu[ Fourth S[rnet Saint P¢vl, � SSIO2 � Telephone: 651-266-6100 F¢csimile: 65I-228-3220 This Ietter is to inform you that your applicarion for lot split review for the above referenced property cannot be approved by the planning adnunistrator for compliance witfi the Ciry of Saint PauPs subdivision reguIations for the following reasons: First, §69304(1) of the City Code requires that "the lot or lots have &ontage on an exisring improved street and access to municipal services." McLean Avenue is an unimproved street. Before a lot split can be approved for properry along this unimproved section of McLean, it needs to be improved and have public sewer and water mains installed. Second, §69301(2) states that a plat is required when a subdivisiott "requires paved streets, alleys and other public unprovements or services." Tn this case the subdivision requires McLean to be improved, at a minimum including paving and installation of public sewer and water mains. Third, §69304(4) requires that "the division of the Iots shall not cause a rema;ning p� of a lot to become a separaTely described tract which does not meet the minimum standards of the zoning distdct in which it is located or which does not have street frontage and access to municipal services." § 69.703, Variances, of the City Code gives the Ciry Council the power to grant variances to these subdivision regulations when compllance would create an unusual hazdship to the development of the land, upon maldng the required findings in §69.703. Application for variances under these provisions aze filed in our office and require a pubiic hearing before the City Council. You may also petition for the necessary improvements to McLean. If you successfully petition for the necessary improvements to McLean, or if the City Council grants a variance to the requirements for improvements to McLean, then the planning administrator can approve your proposed lot split for compliance with the Ciry of Saint Paul's subdivision regularions. Any interested pazty may appeal this decision by the plantting administrator to the Planning Commission within 10 days of the date of this letter. You can reach me at 651-266-6579 or Paul Dubruiel at 651-266-6583 for any fiuther assistance. Sincerely, � l Y"' y �� G Allan Torstenson, Senior Planner for Zoning cc: Wettdy Lane and Sim Bloom, T TFp Linda Murphy, Public Works � • � Dayton's Btuff'Disfrict 4 Community Council 4S-lo5a SAINT PAUL � AAAA CITY OF SAINT PAUL Randy C. Kelly, Mayor DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT Martha G. Fuller. Direclo "r Telephonz� 651-266-6626 Facsimile: 651-228-334I November 22, 2004 Mr. Tom Hodorff 9063 Lyndale Avenue South Bloomington, MN 55409 25 West Founh Street Saint Paul, M�i +55702 RE: Zoning File #04-164-775 Combined Piat for the Landmark McLean Addition Dear Mr. Hordof£ Contained herein aze the most of the technical comments for the Combined Plat at 1375 McLean Avenue. I am awaiting final comments from the Fire Deparhnent. However, I am sending this � response to you now. When I receive final comments from Fire, I will forward them on to you. The Combined Plat is, at this point, denied. Technical questions regarding the following may be initially directed to Linda Murphy in the Public Warks Department at 266-6127. There is no sewer in McLean, but sewer is available in Etna. Public sewer and water mains need to be installed in McLean. 2. McLean is an unimproved street and needs to be paved. 3. Public Warks will not accept a public alley as shown due to the drainage concerns and lack of a storm sewer available to drain the low point at the north end of the proposed alley. Therefore, a private alley may be appropriate. 4. There were no private alley easement documents included in the application. If there are none, you need to provide them to accommodate the existing use of the properiy by ailowing access to the reaz of the lots north of this properiy. If there are existing docuxnents, please submit a copy with the revised preliminary plat. 5. The survey shows a"proposed 10 foot driveway easement" adjoining the north side of the proposed plat. A private easement document must be recorded at the tnne the fmal plat is recorded. � ps-1oSo 6. No delayed staking wiil be allowed. The plat must be monuxnented prior to the final recording of the plat. � 7. The plat must be tied to two government comers per the St. Paul Subdivision Ordinance. 8. Final plat must be submitted to the Ramsey County Surveyor's Office. The City and County reviews can proceed sunultaneously. When you have submitted the redrafted Plat, I will expedite final Public Works Department review and proceed to get this matter before the City Council for official action. Sincerely, , . Allen Love�oy, Pnnc�pal Planner • c.c. File #04-164-775 Tom Beach Linda Murphy Tom Peterson Allan Torstenson � � � .►. . . � � r x ,, `� � �r. P �. • _ - n ':. � - �- �-.c��«.._�"^ � ,,�, .�., . F t'�'� `� �E �.s r ".: � � " . e, ��C � �� r " p'"'`, .�`.��y' y„"�'"�'�n. �.��` � _ . .. y �,�� ^.ws..."..xs.,_ ^° a..,. «:. . , �,. � . ...�. .. ... � _... .... � .._. �_ ,.. .. _ _. , �. .:..;� ... �- r s-�. --. � . _r. . .. . _ . .. . . _..... .. � . . ... . . -�_: . ,. .... - . . •' ' - . . .. ' . '.' S" .. . .._ . . ... . . . . �.,.... . . ' � � - � . _ . ._....... 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