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Home My WebLink About2022 04-12 PC PACKETCITY OF GEM LAKE Heritage 4200 Otter Lake Road I Gem Lake, MN 55110 651-747-2790/92 6.51 -747-2795. (fax) i E-mail city a genflakenin.or Planning Commission Meeting, April 12, 20.22 Cali to Order of'Planning Commission Meeting By Chair Don Cummings'at 7: p.m; Call of Roll Cummings Farrell Patrick Pratt Wippich Others in Attendance: Sign-up Sheet Acknowledge citizens or staff attending Agenda + Accept the Agenda for the.. April 12,.2022 Planning Conisnission Meeting e Approve the Minutes from -March 8,.2022 Planning Commission .Meeting. Public Hearings • Conditional Use Permit for Luther Cadillac ■ Variance for Luther Cadillac ■ Zoning for Luther Cadillac Future -Meetings • Next City Council Meeting, Tuesday, April I9; 2022 Next Planning Commission Meeting, Tuesday May 10, 2022 Adjournment — The meeting adjourned at City of Gem. Take Planning Commission Meeting —March 8, 2022 Meeting: Minutes Planning Commissioner Chairman Don Cummings called the meeting to order at7:60 p:m..Comntiss.ion Members Stephanie Farrell, Art Prattand. Patrick were. present. Derrick. Wippich was.absent. Also present,. Planning and. .Zoning Director Evan Monson, City Attorney Patrick KeIIy, Mayor Gretchen Artig-8wonil ey,.Steve 8abraski of LandForm Company and residents Brent and Emily Messing. March 8i 2022 Agenda Patrick introduced a motion to approve the agenda for today.'s meeting. Farrel secon idd. the motion, Ail in favor, motion carried. Minutes Pratt introduced a motion to approve the minutes. of the January 11, 2022 Planning Commission Mccting. Patrick seconded the motion. Three in favor, Farrell abstained .due. to not being present at this meeting. Motion carried. Public HearIne Conditional Use Permit for a Detached Garage Structure at 3984 Scheunernan Road Monson.reviewed a report: on the request by Brent.and Emily Messing build a.large, detached garage on their property. He.stated that the structure compIied. with. setback and height requirenten s .[or this.tYFe of building. However, :the building would have.a 1900 square footprint, with a 600 square foot porch area, .considerably larger than the 1000 square foot structure allowed without a CUP. He pointed out that the structure would be situated in a nnanner that presented few or no visual issues with .neighbors and was nearly identical to a structure oil the property next door: Monson detailed three other garages in the city that had been approved in the Iasi few years. with footprints larger than 1000 square feet; and similarcircumstances. He then. detailed a Iist:of.conditions that could be placed.on approval. for this. structure. and other Options the Planning Conimissi.on had in dealing with this request, such as denying it. Cummings introduced a motion to..open a.p.ublic hearing on. this matter at 7.00. p.m. Pratt seconded the ntotioit. .AII in favor, motion carried. Cummings pointed out that the public hearing had been properly noticed in the White .Bear.Press. He then asked for public.cornment on the request, Brent Messing, the applicant provided more information. on his intended use' For the building. He. said it would function as a home office„due to his jab be.irig:primarily remote working conditions. He also planned .to use the structure. for storage.. He said he would not be. using:the. building for an additional residence on the property, or as a rental unit.. fiver time he plamied to. use. similar siding an another nearby. garage structure.to add to the visual appeal. He had no plans at present to bring a' driveway up to the structure. Patrick introduced a motion to close the ptibIic hearing at 7;72.p.m. Pratt seconded the motion: A]I in favor, motion. carried. Tlie .PIaniting.Conimis.sion then. discussed the CUP request. Pratt.. fell the itrip act of this structure woiiId.beininimaI due to proper height,' setbacks, and. the, fact that a..sintitar structure existed next door. Patrick cornmentcd.on the: fact that neighbors had no objections to the' project. Pratt introduced a motion. to recommend approval of the COP request with 5. of the.6 conditions suggested by Evan Monson. 43 of the Monson suggestions would be ONininawd.in favor of a statement about permitted uses. for the garage: The motion was 'seconded by Patrick..AI1 1n favor, motion carried. Here are the recommended conditions for the CUP: i. The applicant is permitted to build the. proposed detached accessory structure according to the plans submitted.to the city and. reviewed with this request. City oFGemt Lake Planning Commission MecEing Minutes,jmardl 8, 2622 1 11 :: 2. The.applicant is required to acquire a building permit from the city forthe proposed structure and: to submit a grading and erosion control plan to city staff for review prior to .issuance of a building permit, so as to ensure drainage issues are mitigated. 3. The applicant would not be allowed to turn this structure into a secondary residence on the.property and would remodel the existing. nearby shed to:itiatch the siding o.f the new garage. within one'year:of garage completion. 44.. Any connections of the.proposed accessory structure to city utilities would ad.liere.to applicable city requirements. 5. The -applicant is required to adhere to all applicable local, State or l:ederal regulations. f. The applicant is required to acquire any other applicable local, State.or Federal permits for this request. New Business Luther Cadilhic Project Request and. Anticipated Re.=application An application. fora new car dealership that spanned.:two cities {Gent Cake and Vadnais Heights} was.approv.ed in 20.19. Due .to the pandemic and other factors, the project:had to be. put on hold foraperiod of time. Luther Cadillac now wishes to restart thC.. project with slightly revised. plans. The .projact involved a car dealership and large parking lot.,ne building would be entirely in Vadnais.Heights. The north end of the. parking lot would be.iit Gem Lake, Revised plans were "shown to the Planning Commission: by Steve Sabraski of Land Form Company, who is managing the.. construction planning, The new plans show a smaller sales building that is set back further from Highway 61 and `the access road. The parking lot is essentially the same,. although revisions.a[[Qwed for theelinihiatioii or the retaining wall and the installation of more landscape screening on the north end of thie:project. Commission memhers. asked several questions; but generally regarded the:pIans as essentially the same as. I[to se approved three years. ago Far that portion of the project that is in Gem Lake. Sabrmki added that Vadnais Heights had already approved the revisions and that -Luther was ready to start in March .or whenever Gem Lake -could Provide their official stamp of approval. He "added that watershed approval had .already been obtained. The application will. be sent into the city in the rooting week. It will be the subject of public hearing on April. 12, with council discussion and potential approval on April 19. 2020. Gern La Ice. Comprehensive Plan A'finaI draft of the Gem Lake Comprehensive Plan was submitted to. ilia Metropolitan Council approximately one year ago, following a public }tearing, [n Decemher.of 2021; a.letter was: received back from the Metropolitan Council asking for additional changes: The consultant working on this project for the City,. did not feel the changes were significant and could .be coniplcted fairly quickly..0he or two of the requested. changes involved the City's engineering firm. SEH is currently.seeking cIArifcation. from the Metropolitan Council on one or two of the requests for. revision. ❑nce-the final version is re -submitted to. the ivletropoIitan Council, Artig-SwomIey an d. C urn m i ngs disetissed having. a joint informational meeting. on the -plan. This: informational meeting. could be part of the April or May City:Council meeting. April is.preferred if the tinting can be managed. Artig-Swonilcy.said she. would get in touch with the consultant who helped write the plan and see:if he is available on Apri[ 19 Future: Meetings City Council Mecting; APri1 12.., 2022. at Heritagc.l:hall.. This meeting wiII include a public hearing on the. Luther Cadillac applicati.on.. Adjournment Being there no further business, fallowing a rootioit from Patrick; seconded by FarreII, the meeting adjourned at 9:05 p. M. Respectfirll): submillecl GretehM 4reig=Swonde3p City DI'(;cm Lake Planning Cammiss1on Meeting'Minutes March 8, 2022 2 1 f' u g r n I J. Memorandum To: Gem Lake Planning. Reference: Commission Copies To: Linda McQ - inty, Applicant Melissa Lawrence, Administrative Assistant From: Date: SUBJECT: Evan Monson, Planner April 6, 2022 MEETING.DATE: LOCATION: APPLICANTIOWNER: ZONING: REVIEW PERIOD: ITEMS REVIEWED: Luther Cadillac Project Project No.: 18398,000 Routing: Conditional .Use. Perm it for a use permitted in an adjacentmunicipality, Variances to setback requirements, and a.Preliminary and Final Plat for a minor subdivision, far an automotive dealership :April 12,.2022. 351E Highway 61., Plf] 3*a022120QQ7 Linda. McGinty -- Luther Company Gateway Zone — Neighborhood Center (NC) 60 day review period ends May 22;.2022 Application, plans, and payment received by City .on March 23, 202Z DESCRIPTION OF THE REQUEST Luther Autornotive is looking to build a new dealership on a site that straddles two municipalities. One parcel for the site is located in Gem Lake, while the other two parcels are located in Vadnais Heights. The Gem Lake portion of the project would include parking, landscaping, and a future1rontage road with a cul- de-sac: The portions. of the site within Vadnais Heights would have the. showroom building and parking. The proposal requires multiple.zoning: approvals. The use of the. site is -a permitted use within the city of Vadnais. Heights; uses perm itted.in adjacent municipalities are able to be permitted in Gem Lake via a conditional use permit (CUP), The project will also require variances to zoning requirements, due to the setbacks of the.parking facilities from the south lot line. The south lot line is the municipal.boundary with Vadnais Heights. The plat of the site also.requiires approval frorn the city,. The.project originally went through review and :approval through the: city in 20.1.9. Soule unexpected delays;. and. the COViD-19 pandemic, put the project :on hold. The eity's approvals.from 2019.have.since expired, so the applicantis now restarting the approval process with the city. The applicant recently received approvals from the.city of Vadnais Heights at their March 15' council meeting. The applicant has made some minor revisions to the project plains -compared to those that were..approved in 2019, most -of which are on the portion of the. site within Vadnais Heights. TKDA� 14.44 Cedar Street Suite 1500 1 Saint Pahl, MN..551d1 651.292,4400 • tkda'.corn An employee -owned company promalin.g affirmative action and equal opportunity. Luther Cadillac Project Staff Report Gem lake Planning Commission Page 2 PROPERTY INFORMATION April'12, 2022 Description: 3516 Highway 61 is located east of Highway 61, on the southeast side of the city. The lot is rectangular in shape, and is 1.93 acres in.size, per Ramsey County records. The site., is currently vacant; a house used to reside on the. site but was. razed back in 2019. The site is fairly flat. The eas.t.side of the property is. bounded:.by BNSF railroad tracks, while the south side is bounded by be. city's south border with Vaonais Heights, Land Use: vacant PROJECT INFORMATION The applicant is proposing to build an automotive dealership. The Gem Lake portion of the project would include 144 stalls of.parking, landscaping, and a new frontage roadwith a cul-de-sac. The frontage road could eventually extend north, if the current intersection :of Hoffman Road and Highway 61 is redesigned/redeveloped in the future. Consolidated. Land Use Ordinance Requirements Canditional Use for automotive dealerships The Consolidated Land .Use ordi nance. outlines zoning requirements for newdevelopment in the city, Section 9.6.5 of the ordinance was amended in 2a19 to permit. uses in adjacent. communities in the city as. a conditional use. This is only lirnited to automotive dealerships, which our applicant its proposing. As a 7 Luther Cadillac Project Staft. Repo rt Gem Lake Planning Cornrhission Page 3: April 12, 2022 conditional use, the application must adhere to the criteria for a conditional use, which is listedin Section 17.5 of the ordinance. These criteria are .discussed. later in this staff report. Setback requirements The. applicant has a unique..situation in that their proposed use will be extending over a property line: Typically, if two lots are being use fora use and are under:the. same ownership; they would be:cQMbined .so that there is not a lot line running through the site. In this situation, though, the lot line is also a municipal .boundwy, and a lot cannot be located in two different municipalities. In order to allow the parking lot for this site to be built over. the property line and connect with the rest of the site. in Vadnais Heights, a variance to allow a zero foot.setback is. necessary. Variances are to meet:the criteria found in Section 17.2 of the ordinance, These criteria are discussed later in this staff report. Screening. &,Landscaping Section 18.5 of the ordinance covers screening requirements for new developments, landscaping is located in Section 18.6. The applicant is proposing to put up both a small retaining wail and landscape plantings that would screen the parking. from the current house to the north, The Commission .may require additional.screening. as a condition onto the CUP (such as a fence: or wall of a certain height, or additional landscape plantings) if there is additional need. to screen the use from the neighboring property to the. north. Parkland Dedication Section 18.20 notes the dedication of land for parks is required as part of a plat. Cash payments in lieu of land dedication can also be made that are. placed in the. park fund. If dedicating land, 10°/o of the total site acreage: is. to:be dedicated to the.city; if making 0.cash contribution in lieu of land, the. payment would be 10% of the pre -development: land value. The Commission can require land,.cash in lieu of land,. or a cambination of the. two. Given the. use of the site, and existing adjacent Land uses., cash in lieu of parkland may be ideal. This would be included as.a condition on the CUP approval. Parking Requirements Section 20 of the ordinance covers off-street parking. The .site, due to its unique design, is all aff=street parking, as the principal structure for the use will be located on the parcel within Vadnais Heights. Given the building is within Vadnais Heights, the minimum number of stalls required was based off of their code requirements., which was 187 stalls. The parking.on the Vadnais Heights side of the project satisfies their code requirements, and results in the parking located within Gem Lake as parking that is not:.required by code; but is still permitted, Staff Comments As part of the review of the request, comments were collected from staff and other agencies involved or interested with the project. Watershed The.subject parcel is located within the Ramsey -Washington Metro Watershed ❑istrict. The -District noted the plans from the applicant meet their.requirements, and that they can issue their permits upon completion of a stormwater maintenance agreement with the applicant. MnDOT Due to theproximity with Highway 61, the Department of Transportation was notified for comments regarding the project: At time of this staff report, MnDOT has not provided any comments on the. project. I Luther Cadillac Project Staff Report Gern Lake Planning Commission Page April 12, 2= Engineering The City Engineer was able to review the submitted plans, and. noted that there was no issues/cornrherits to address. Conditional Use. Perm it Criteria When reviewing a CUP request, impact on the following criteria shall be reviewed by the city, as noted in Section 17.5.2(A) 1 j .Adjacent Uses 2] Air and Water Quality 3) Traffic Generations 4).P.ublic Safety and Health 5) Area Aesthetics 5) Economic Impact on the Entfre:Area 7) Consi.istency with the Comprehensive Municipal Plan 8) Anticipated ❑uration. of the Conditional or Interim Use Section 17.5,9(B) of the further notes that the following standards apply to new CUPS: 1) Compliance with all zoning and other regulatfons as may otherwise be applicable; 2) The date or the event that will terminate the use can be identified .with certainty; 3) The existence of the Conditional or Interim bse will not. impose additional costs.on the public if it becomes necessary for the public to take the: property in the future; 4) The user agrees to any conditions of approval associated with the approval of the Conditional or Interim Use Permit by the City Council. Section 17.5.9(C).finally notes that new and existing CUPS: should. adhere to the following: 1) Shall maintain harmony and compatibility with surrounding uses and with the architectural character and design. standards of existing uses and. development;. 2) Shall meet or exceed all Performance Standards contain elsewhere in this Ordinance;. 3) Shall not generate such additional traffic associated with the use that would overburden or exceed the capabilities of streets and other public. servfces.and facilities including, but not. limited to, parks, schools, and utilities serving the area. If the criteria are..not inet;.or there 'is findings to show that they would riot be met, the Planning Commissioncould add conditions of approval onto the CUP to ensure the criteria are met, or could site the lack of criteria. being met as findings to deny.the request. Variance Criteria When reviewing a. request for a variance; thb'request shall be.considered in respect to whether the applicant has a practical difficulty preventing. them from meeting the. ordinance. A variance cannot be permitted to allow a use.that isn't permitted per the ordinance. A `practical dlfficulty` means, as noted in Section 17.4.1 of the ordinance, that: • The property owner proposes to use the property in a. reasonable manner not.perrnitted:h.y the .zoning ordinance I Luther Cadillac Project Staff. Report April 12, 2022 Gem Lake Planning Commission Page 5 ■ The plight of the landowner is due to circumstances unique to-theproperty not created by the landowner • The variance, if granted; will not alter the.essential character of the locality • Economic considerations alone do hot constitute practical difficulties •. Practical difficulties include, but are not limited to, inadequate access to.directsunlight for solar energy systems Section 17.4.2(13). notes that when reviewing variances,:that the city sha[I also consider the following: o. Adjacent.Uses Air and Water Quality • Traffic Generations • Public Safety and Health • Area Aesthetics • Economic Impact on the Entire Area • Consistency with the Comprehensive Plan Subdivision Criteria Due to the request only involving splitting land off an existing lot and creating new right=af=way, the request is able to be. reviewed as a.Minor Subdivision. The Minor Subdivision allows a more streamlined process than a Major Subdivision, due to the: scope of a Minor Subdivision being smaller. Included In the submittal is.a plat for the. subdivision. A Minor Subdivision must be recorded with the. County Register of Deeds within 60 days of approval by the City Council, or the approval would be void.. EVALUATION OF -REQUEST Below is the Planner's findings in regards to the criteria for this request, with the criteria in italics. The Planning Commission should discuss whether the. findings are met for approval, or if there are criteria that are. not. met. CUP criteria Section 17.52tAj 1 j Adjacent Uses The proposed use would be forparking.as part of an automotive dealership use, which is ( permitted use in this zoning. district duato theuse being permitted in the adjacent municipality. The proposed parking lot should not impact the use of neighboring. properties. A condition could be to include additional screening and landscape plantings along the north side .of the site, if there is concern with a parking: lot being adjacent to a currently existing house.: ?] Air and Water Quality The proposed development should not impact air or water quality. The site would have to adhere to applicable requirerneints for drainage from thecity and watershed district. 3) 7'raffc Generations The proposed use would generate traffic, though most traffic would not be located within the Gem Lake portion of the site. The site would have access to Highway 61 through a. new frontage road that would run south.through Vad.nais Heights, If the adjacent lots to this site in Gem Lake are redeveloped, the frontage road could be extended north.. 7 Luther Cadillac Project Staff Report Apr[[ 12, 2M Gem Lake Planning Commission Page 5 4]. Publi'c Safety and Health The proposed project :shouId not have impacts on the safety or health of the public, provided the development is. built to code and adheres. to condition s. plated on this CUP. 5] Area Aesthetics. The site is unique in that a majority of the site is not within the city limits; there are no buildings or structures within the. Gem Lake side that would add or subtract frorn the aesthetics of the area. Since the site is within the gateway zone, the commission could request additional landscaping or screening if there is concerns with #he.aesthetics of the parking lot. 6) Economic Impact on the Entire Area Development of a currently vacant site would result in new tax.base for the:city. Development of the.site could potentially spur additional .development within the gateway area. 7) Consistency with.the Comprehensive Municipal Plan The Comprehensive Plan identifies the gateway zone as permitting a wide variety of uses,.most of`which are. more mixed -use in. nature.. Provided that zoning requirements and other municipal Ordinances are met, the proposed project would be. consistent with. the Comprehensive Plan, as the proposed use of the site by the applicaht. would not prevent adjacent site from being developed in accordance with the Comprehensive Plan and the Consolidated. Land Use ❑rdinance. 8) Anticipate.d Duration of the Conditional or Interim Use As a conditional use, the proposed .structure would be intended to.be used for a considerable amount of time. Section 17.5.9(S} 1) Compliance with.:all zoning andother regulations as mayotnerwise be applicable; Ppart from .the requested. variance, the proposed request is.compiiant with local zoning requirements, and would be required to comply with all other applicable local, State, .or Federal. regulations, -Any connections of the site. to city utilities would have to follow applicable requirements. 2) the date or the event that Will terminate the use can be identified with certainty; As a conditional use, this requirement. is NiA. 3) The existence of the Conditional or Interim Use will not impose additional costs on the public if it becomes necessary for the public to fake the property in the future; In the event of.the public taking the property in the future; the presence.of the proposed. parking lot should not impose additional costs onto the public. 4) The user agrees to any conditions of approval associated. with the approval of the Conditional or Interim Use Permit by the City Council. In discussions with the applicant, the Planner noted that conditions could be made by the: city as part of the approval. 7 LutherCadiliac Project 5tatt Report April 12,.2022 Gem Lake Planning Commission Page 7 Section 1.7,5.9(C) ij Shall rmaintain harmony and compatibility with surrounding uses and with the architectural Character and designstandards of existing uses and development;. The site.is unique in that:a majority of the :.site is not within the city.limits; there are no buildings or structures within the.Gem Lake side -that would add or subtract from the aesthetics of the. area. Since the site is within the. gateway zone, the commission could. request additional landscaping or screening if there is concerns with the parking lot being compatible with the properties to the north. 2) Shall meet or exceed all Performance Standards contain .elsewhere in this Ordinance;. The proposed use is meeting applicable zoning requirements. 3) Shall not generate such additional traffic associated with the use that.would overburden or exceed the capabilities of streets and other public services and facilities including, but not limited to, parks, schools, and utilities serving the area. The proposed development would: not be generating traffic to a level that would overburden streets or other public services and utilities. Variance criteria Practical Difficulties, per Section'I7.4.1: • The property owner proposes to use: the property in a reasonablemanner not permitted by: the zoning ordinance The request is to have a zero foot setback, in order to permit a parking lot to extend over two parcels that areunder the same. ownership. Dub to the lots being in different municipalities, the two lots. are unable:to be combined. Without a variance, the.parking lot would need to maintain a setback from the property line. The plight of the landowner is due to.:clecumstances unique to the property not created by the landowner The municipal boundary, not created by the land owner, prevents the parcel from.. being combined .with the. other parcels under the same ownership The. variance, if granted, will not alter the essential character of the locality It will be..urilikely that passersby will be aware. of the. municipal boundary in .this area, which creates the need to keep the property. line and triggered the. need.for a setback. Reducing the s.etback.along the south property line to zero feet for the parking lot would allow the site to appear and function as one development, and does not appear to have an impact to the. character of adjace nt::area9. within the :city. Economic considerations alone do not constitute practical difficulties The. practical .difficulty is due to the location of the municipal boundary preventing the parcels from being combined; economicconsiderations are. not noted as. a. practical difficuRy.. Practical: difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems N/A 01. Luther Cadillac Project Staff Report. April 12, 2022 Gem Lake Planning Commission Page 8 Section 17.4.2(B) notes that when reviewing variances, that the city shall also consider the following` • Adjacent Uses Development nearby is characterized by auto -.centric parking. lots. The use, while primarily in Vadnais Heights, will have some parking within -G.em Lake. Thenormally required setback: from the property fMe would impact the ability to use the parcel for the proposed use (parking), and would create a layout that could: stand -out from adjacent developments. - Air and Wafer.Qualify The proposed .development should not impact air or water quality, The site wouldhave to .adhere to applicab..le requirements for drainage from the city and..watershed district: • Traffid .Generation The.prapased use Would generatetraffic, though most traffic. would not be locatedwithin the Gem Lake portion of the site,.The site would.have access to Highway fit through a new frontage road that would :run south through. Vadnais Heights. If the adjacent lots to this site in Gem Lake are redeveloped, .the frontage. road could be extended north. • Public Safety and Health The proposed project should not.have impacts on the safety or health of the public, provided the development is built to code and. adheres to any. condiitions placed on this variance. • Area.Aesthefics The: site.is unique iri that a majority of the site is.not within the city limits; there are no buildings or structures within the Gem Lake side that would add or subtract from the If aesthetics of the area.. Since the site is within the gateway zone, the commission could request: additionaE landscaping or screening if there is concerns with the aesthetics of the parking lot. Economic impact on the Entire Area. Development of a currently vacant site would result in new tax Base for the. city: Development of the site could potentially spur.additional development within the gateway area. Consistency with the Comprehensive Plan The .Comprehensive Plan identifies the gateway zone. as permitting a wide variety of uses, most of which are more mixed -use in nature: Provided that zoning requirements and other municipal ordinances .are met, the proposed project would be consistent with the Corprehensive Plan, as the proposed use of the site by the..applicant. would not prevent adjacent sites from being developed in accordance with the Comprehensive Plan and the Consolidated Land Use: Ordinance. Minor Subdivision Plat The applicant has submitted a plat for review and.approval by the city,. and:appears to meet requirements for approval. 7 Luther Cadillac. Project Staff Report Apd :12, 2022 i' Gem Lake Planning.Commission Page 9 Parkland Dedication The .city's Consolidated Land Use Ordinance. requires a.[and dedication for parks, or cash in lieu, as partofsubdivision requests.. Given the use of. the. site, a cash payment' in lieu of land is recommended, Development. Agreement As part of a.subdivision of land, the city can enter into a development agreement to formalize how infrastructure a.n.d other improvements are. to be constructed, and can. outline: timelines of payment for parkland dedication fees. Given.the.creation of the frontage road, and infrastructure under the road, a Development Agreement could be drawn up for approval by the City Council with the plat. ACTION The Planning Commission has the following options for these requests: 1,. Recommend the Council approve the request; with or without conditions 2. Recommend the Council deny the request, with findings. for denial 3. Table for further review/study RECOMMENDATION The Planning. Commission. should:review t.h.e criteria for :the requests,. a.nd determine. if there are findings to.support approval or denial of each request. Variance If the Planning Commission finds the request meets .the criteria for a variance, the Planner would recommend approval of the variance request to permit zero That setback from the south property line for a. parking lot, at.35.16 Highway 61. If recommending approval, the following conditions for.approval would be recommended: 1}. The applicant i$ permitted to build the proposed parking lot. with a zero foot setback from the south property line, as shown in theplans submitted to the:city and reviewed with the request. 2). The applicant,is required to acquire necessary permits and approvals from.th.e city far the proposed project. 3) The applicant is required to. adhere to all applicable local, State, or Federal regulations.. 4}. The applicant is required to acquire any other applicable local, State, or Federal permits for this request. CUP if the. Planning .Commission finds the, request meets th.ezriteria for a CUP, the Planner would recommend. approval of the Conditional Use Permit request to t}uild.an automotive dealership, at 3516 HHighway 61. if recommending approval, the. following conditions for approval would be recommended: 1) The: applicant is permitted to build the proposed parking lot for the. proposed. automotive dealership,. -according to the plans submitted to the cityand reviewed with. this request. 2) The applicant is required to acquire necessary permits and approvals from the city far the proposed project. 3) Any connections of the proposed accessory. structure to: city utilities shall adhere to applicable city requirements. 4] The .applicant is required to adhere to. all applicable local,. State, or Federal regulations. 7 Luther Cadillac Project Staff Report April 12,.2022 Gem Lake. Planning Commission Page 10 5) The applicant is required to acquire any other applicable local, State; ❑i- Federal permits for this request. Minor Subdivision Plat If the. Planning Commission finds the plat meets the criteria for a minor subdivision, the Flan ner would recommend approval.of the minor.subdivision request at3516. Highway 61. If recommending approval, the following conditions for approval would be recommended: 1 j The applicant is to submit a payment in [ieu of park land dedication. As per the Consolidated Land Use Ordinance, the.payment shall be 10% of the pre -development land value for the parcel. 2) The applicant shall enter into a Development Agreement with the City of Gem Lake. 1 Zoning Request A112licatian City of Gem Lake; Minnesota -A= Olt y - -- 4200 Otter Lake. Road, Gem Lake, MN 55110 551747-2790/92 _ fax 651747-2795 ci tyfgeanl ake mn.org Applicant: Linda McGinty on behalf of The Luther Company, LLLP Address, 3701 Alabama Avenue South,. St. Louis Park, MN .55416 Phonelcell: 952,258,8814 email: Linda.McGinty@lutherauto.com. PropertyOwner: The Luther Company., LLLPP Address: 3701 Alabama Avenue South City/State/zip St. Louis Park, MTV 55416. :Legal Description or PIN #.::343022120007 Street address: 3516 Highway 61., Gem Lake, MN:55110-5232. Current Zoning: NC Current Use: vacant land (home was demolished in 2019 after: approvals} Proposed Use- Construction of new Cadillac -dealership in Vadnais Heights and Lein Lake Tyre of Request: Application for Rezoning Application for Zoning Amendment V Application for Conditional Use Permit Application for Variance O.Planned United Development (PUO) Description of Request: Request for approval of a conditional use permit, variance, preliminary plat and final.plat. . See attached narrative Reason for Request: See attached narrative Previous Re uests .To be filled out by the City of Gem. Lake Has a request for zoning consideration. for this property. been previous considered? Yes. No If yes, what date: Was the request for zoning consideration for this: property approved? ID Yes ❑ No If yes, what date.: Has any request for zoning consideration for this property owner been previously considered.? Yes No If yes; what date: Was the request for .zoning consideration -of this property owner approved? Yes L] No If. yes, what: date:.. Note_ This application may require.additional documentation to be considered complete.. Once all documentation has been . received,. the City will decide on this matter within sixty (dD): days. In the event the matter is very .coinpiicated.and will require substantial: discussion and evaluation by more than one person or body, the city may request that you waive the. sixty (60) day decision period to avoid unnecessary: denial of your application. Applicant.Signature J ` Date For office use only: L_ £ee paid Toning Administrator Approval- uYes: Signature and.date No: Signature and date Comments: Date Application Complete: (60 dayrule compiiancey Zoning Request Application. 6 2016 mM:-Ffk.Ul f f.Jllm TABLE OF CONTENTS Introduction............. .. ....... ........... ....................... ..... ... 1 ConditionalUse Permit........................... ..................................................... ..................................... .I Variance . .... ..... ....... . 2 Preliminary. and Final Plat ............... :........ ..:...,.............................................. ,.......................................... .,:,::.,3 5urrimary....................................................................................................................................................... 3. Contact Information .......... :.......... ..... ............:...,.::......4 Introduction On behalf of Luther Company, LLLP, Landform is pleased to submit this application for conditional use permit,. valiance, preliminary pi at and final plat approval to allow construction of a new Cadillac automobile dealership. The property Includes land in both Gem Lake and Vadnais Heights that would function as a single site. The two parcels in Vadr3as Heights would be platted as a single parcel and the land In Gem Lake would be platted as a separate parcel The:City of Gem Lake approved the conditional use permit, variance and preliminary plat for this site on May 21., 2019 and the final plat on February 18, 2020. Vadnais Heightsranted approval for the portion the project.in their city during the same time period. We.began work in 2g1912020., including demolition of the home in Gem Lake. and stockpiling materials forfinal grading. The project was put on hold lin 2020 and minor changes to the project are now proposed. On lurch 1, 2022, the Vadnais Heights Clty Council approved these minor modifications and extension of the approvals through a Development Agreement Amendment. The City of Gem Lake has indicated that. this will require a new application. Therefore, we are requestingapproval'of the project with minor changes from t he .2019/20 20 approvals. Theupdated plans improve access and circulation for the site. and `reduce project costs with the.. following modifications from the previously approved plan; 1. Increased the.building setback from the proposed Willow Lake Boulevard. to add parking in front of the building, .2. Red Mad the building footprint, .3. Revised the `trash enclosure to attach it to the rear. of the building, 4. Eliminated parking stalls to reduce retaining walls and impervious area and 5. Various updates and refinements associated with the changes above. Conditional Use Permit The City requires a conditional use permit when an automotive dealership in an abutting community is proposed to expand into Gem Lake, Luther. Company; LLLP owns the two parcels in Vadnais Heights and. the parcel in Gem Lake that will be developed to. operate as a Cadillac dealership and the Site crosses the municipal boundary: The request compiles with the applicable standards in Section 17.5.9 (Conditional and interim Uses) .Specifically,. 1. Shall maintain harmony and compatibility with surrounding uses and with the architectural character and design standards. of existing. uses and development; The proposed use maintains harmony with the surrounding auto dealerships that currently occupy Highway61 directly south and west of the project. site. The architectural character and design standards will be compatible with the existing auto dealership uses. The proposed showroom and offices will be. located on the: Vadnais. Heights property closer to existing auto dealership uses .in the southern portion of the project site reducing the potential impacts on the residential. property to the north. 2. Shall meet or exceed all Performance Standards contained elsewhere in this ordinance; The plan complies with all performance standards as specified in Section 18 of the Zoning Ordinance; Specifically: Luther Cadillac, Gem lake, MN March .11, 2022 LUT1$040 1 Screening— The site plan indicates a retaining wall and landscaping that will screen the open sales lot from the residential property to the north. This screening complies with all requirements. Landscaping —The site plan. corn plieswlth.ap0lid able standards as specified. in Section 18.6 of the Zoning Ordinance. Parking --The site plan shows 551 parking spaces which exceeds. the parking requirements specified in Section 20.5 of the Zoning Ordinance,. which.oil for three spaces far every 1,000 sq. ft, of floor area,.plu.s 1.5 spaces.for each empIoyee.on maximum shift. Five accessible spaces are located near the north entrance of the showroom. Lighting— The site plan complies with all lighting standards listed under section 18.8 and.18.8.4 (lighting used to illuminate sales lots). Traffic Control— The parking and circulation are designed to maximize:ef#iciency and minimize pedestrian and vehicle interactions. The customer parking is located near the front entrance to the showroom on the: earth side of the building. The auto repair and car wash drop-off are located on: the south side of.the. huiiding to allow customers.dropping off their vehicles lmmedlate access off .Highway 61 and to minimize traffic. interactions with customers. and pedestrians on the north side Of the building. The proposed dedicated public right-of-way wilt sarye es, a frontage road :and will connect with.a future. road extension. New traffic signals will also be installed as.a component of this project to help control. the flow of traffic, Architecture — The Luther Cadillac building will feature high -quality materials and design that will be an excellent aesthetic. addition to the streetscape: of Highway 6.1, The transparent front fagade of the building will showcase the new vehicles on the showroom floor Inside and all sides of the building will consist of high -quality materials that meet the architectural requlrernents.as specified in Section 38-60.1{0} Of the.Zoning Ordinance. 3. Shall not generate such additional traffic associated with the use that would overburden or exceed the capabilities of streets and other. ptrbfic services and facilities including, but not limited to, parks, schools, and utilities serving the. area; The proposed t-utherdealership will not generate: enough traffic to overburden or exceed the. capahiIities of streets. The.proposed dedicated public right -of way will serve `as a.frontage road and will allowforfuture road extensions. New traffic signals will also be installed as a component of this project to help control the flow of traffic, 0therpublic services will not be significantly impacted. at`leanG Driveway and Parking Setback We are regLesting City approval fora varlarice from the driveway and parking area setback standards for auto- oriented uses in the. Gateway District along the municipal boundary with Vadhais Heights. The parking lot be shared between the properties; therefore, we are requesting. a zero -foot setback. The practical difficulty is created by the unique circumstances where this property owner's land crossing municipal boundaries, but functions as single site. Luther..Cadlilac; Gam Lake, MN March 111 2022 LUT.1804.0 2 We have reviewed the request in accordance with MH law and City ordinance standards in Section 17.4'and find that the ordinance standards have been met,. Speclfi.ca€ly:. 1, Adjacent Uses: The proposed development is adjacent to several other auto dealerships and will not have any. significant negative impact on those uses:. 2. Air and. Wafer Quality The proposed development will not have any significant impacts an air quality and Is addressing any impacts on. water.quality as required by City and Watershed standards and regulations. 3. Traffic Generation: The proposed LutherdealersIII p will not generate enough traffic to overburden or exceed the. capabilities of streets. The proposed dedicated public right-of-way will serve as a frontage road and will provide access to the property, Nevin traffic signals wlII also be irisfalled. as a component of this. project to.heIp ccntrol the flow of traffic. Qtherpublic. services will not be significantly impacted. 4. Public. Safety and Health. The proposed development wigI not have any negative impacts of public safety and health 5. Area Aesthetics: The Luther Cadillac building will feature high -quality materials and design that will be an excellent aesthetic addition to the streetscape of Highway 61. 6. Economic Impact on the Entire Area: The proposed deveIopment-wi11 have a positive economic impact an the. City by. turning underutilized land into a productive economic use that will increase -the. tax base and provide local .jobs, 7: Consistency with the Comprehensive Plan; 'the proposed development is consistent with the goals and`.policies of the Comprehensive Plana Preliminary and Final Flat Luther Bast Addition We are requesting approval of a preliminary and final plat to combine the two Vadnais Heights parcels info one. lot and keeping the Gem Lake parcel as a separate.lot. Both lots will be owned by The Luther Company, LLLP. The properties will be replatted as shown in.the Preliminary Plat for Luther East Addition resulting in the following: One lot. in Vadnais Heights. and one. lot in Gem Lake for the Luther Cadillac building and associated parking and sales lot. A public right-of-way dedication along the western boundaryof he site. .3; A temporary right -of --way easement for the cul-de-sac turnaround that will be vacated when the road is extended. The publicright-of-way dedication of Willow Lake Boulevard will allow access to Luther Cadillac off Highway 81 and provide a connection for a future road extension. The proposed plat meets all standards.and requirements as specified in the Subdivision Ordinances of bath municipalities.. Summary We respectfully request approval of the Conditional Use Permit, Varlance; Preliminary Plat and Final Plat to allow construction of Luther Cadillac on the site. The project was previously approved by the both the City of Gene Lake and the City of Vadnais Heights and some site work was stated before the .project went on hold in 2020, The City of Vadnais Heights has approved an amendment to the Development Agreement, which. will allow the. project to Luther Gkiilac, Gem Lake, MN March 11, 2M2 WT18040 3 proceed and we ask the City of Gem Lake to approve this request. It is bur understanding that the item will be placed on the April 5�1 Ranning Commission and April 100 City Council agendas for action. Contact Information This document was prepared by:. Kendra Undahl, AIGP Landform 145 South Fifth Avenue, Suite 513 Minneapolis, MN 55401 Any additional questions regarding this application can be directed to Steven Saliraski at. ssabraslci lantlform-net or 612.638,0241 Luther Cadillac, Gem Lake, MN March 11, 2022 LlJT1 MO 4 �M.,. AL.TA Commitment for Title Insurance First American ISSUED BY First.American Title Insurance Company Commitment File No: NCS-952061-MPLS COMMITMENT FOR TITLE INSURANCE. Issued By FIRS T A MERICA N TITLE INSURANCE COMPANY NOTICE IMPORTANT -READ CAREFULLY- THIS COMMITMENT IS AN OFFER TO. ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE. COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COM MITM ENT. IS NOT AN ABSTRACT OF TITLE, .REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, ❑PINION OF TITLE, OR OTHER REPRESENTATION. OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DE I ERMINE. INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED. SOLELY FOR. THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION. UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A.I.N ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING. THE CONTENT.OF THIS COMMrTMENT TO. ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice;. Schedule B, Part.I-Requirements, Schedule B, Part II -Exceptions;. and the Commitment Conditions, FirstAmerican Title Insurance Company, a Nebraska Corporation (the "Company"), commits to issue the Policy according to. the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the CompanV has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed. Insured, If all of the Schedule.Bi Part I=Requirements have not been met within six. months after the Commitment Date, this Commitment terminates and the. Company's liability and obligation end. First American Title Insurance Company genni�.3. G�mat�; pr�idcnt Grog L. Sn*h; Swatw If this jacket was. created electronically; it constitutes an original document. This page Is only a part of 2016ALTAO Commitment for ride Insurance issued by FnstAmevw:?n Title Insurance Company. 7771sCommitment is not valid :without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; .Schedule 8. Paid -Requirements; sdledule B, Part ff Erc`eptlons. Copyright 26W-2016 American Land Title Association. All rights reserved. The use of. this Form (or any derivative thereof) is restricted to.ALTA 1ieerisees and Ai.TA.rnembers in good standing.as of. the date of .use; All other uses are prohibited; Reprinted under license from the American Land Title Association. arm 50012227 (8-.14-18). 3 ge.1 of:8 ALTA Commitment for TRIP. Insurance (8-1-15 Minneso COMMITMENT CONDITIONS 1. DEFINITIONS (a). "Knowledge" or "Known"'. Actual or imputed knowledge, but not constructive —notice imparted .by the Public Records,: (b) "Land"` The land described in Schedule. A and affixed improvements that by constitutereal property. The term "Land" does not include any properly beyond the lines of the area described in Schedule Aj. nor any right, title, interest, estate, or easement in abutting streets roads avenues aIle, Ys . lanes ways, s 'or waterwaY, s . but this does not modify or limit the extent ( that a. right of access to and from the Land is to be insured by the policy. (c) "Mortgage":.A mortgage,.deed of trust; or other secu rity I nstru men t,. including. one evidenced by electronic means authorized by law. ed). "Policy": Each contract -of title insurance, in a form adopted by the American Land. Title.Assoclation, issued or to be issued by the Company pursuant to this Commitment, (e) "Proposed Insured": Each person identified in Schedule A as the Propose d.Iusured of each Policy to he issued. pursuant to this Commitment. (f) "Proposed Policy. Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amo.unt.of each Policy to be issued pursuant to this Commitment. (g) ".Public Records.": Records established'under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without.Knowledge: (h) "Title": The: estate. o r interest described in Schedule A. 2: If all of the Schedule B, Part I--Requ!rem ents have not been met within the time period specified in the Commitment to Issue Policy; this Commitment terminates and the Cornpany's..IIahility.and obligation end. 3. The Company's liability and. obligation is limitedby and this Commitment is not valid without: (a) the Notice; (b) the. Commitment to Issue Policy;. (c). the Commitment Conditions;. (d) Schedule. A. (e) Schedule S, Part.I=Requirements;.:and (f) Schedule B.; Part II —Exceptions. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Co#nmitment.at any time. If the Company amends this Commitment to add a defect, lien; encumbrance, adverse claim, 0r other matter recorded in the Public Records prior to the Commitment Date,. anyiiabilityof the Company is ilmited by Commitment Condition 5. The Company shall not be liable for any .other amendment to"this Commitment. S. LIMITATIONS OF LIABILITY (a) The Company's liability under Commitment Condition 4 Is limited. to the Proposed. If! sured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment. and .the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance. to: () comply With the Schedule B, Part.I—Requirements; (ii) eliminate, with the Com.pa.ny's written consent, any Schedule 8, Part II—Fxceptions; :or (III) acquire the Title or create the Mortgage covered by:this Commitment. (b) The Companyshall not be liable under Commitment Condition 5(a) If the.Proposed. Insured requested the amendment or had: Knowledge of the. matter and did not notify the Company about it in writing. (c) The .Company will only -have liability under Corr mitment.Condition 4 if the Proposed Insured would not haveincurred the expense had the Commitment included %the added matter when the:,Commitment was 'first delivered to.. the: Proposed Insured. (d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described. in. Commitment Conditions S(a)(i) through 5(a)(iii) or the Proposed. Policy Amount: (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In.no event shall the Company be. obligated .to issue the Policy referred to in this Commitment unless..aII of the, Schedule B; Partl-RequIrements'have been Met to the satisfaction of the Company.. (g) In anyeve nt, the Company's IlabI]ity is limited by the terms. and provisions of the Policy. This page is.nnly a part of a 2016.ALTA0. Commitment for title Insurance kuued:by first American TiVe Insurance Company. 777is Commitment is not. valid without the Notice• the Commitment to Issue.Polkr the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B; Part II -Exceptions Copyright 2006-2.016 American Land Title Assaciation. All rights reserved. The use of this Farm (or any derivative thereof) is restricted to.ALTA licensees and ALTA members in good standing as of the date of use. Ail. other uses are. prohi bited. Reprinbed. under Iipense from the American Land Title. Association. ge 2 of 8 1 ALTA Commitment for Title .Insurance (8-I 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a.) Only a Proposed Insured. identified. in.5chedule•A, and no. other person, may make a. claim under:this Commitment. (b) Any claim. must be based in contract and must be restricted solely to the terms and provisions of`this Commitment. (c) Until the Policy is issued, this Ccrnmiitmeht, as last revised, is the. exclusive and entire agreement between the parties with respect to .the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. .(d) The deletion or modification of any Schedule. B, Part II —Exception does not constitute an agreement or obligation to provide coverage beyond the.terms.and.provisions of this Commitment or the Policy. (e) .Any amendment or endorsement to this. Commitment must be in writing and authenticated by a person authorized by. the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and.the Company's only liability wi11. be under the Policy: 7. .IF THIS.COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent: is the Company's. agent only for thelimited purpose. of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for this purpose of.providing closing or settlemerit-se rvices. 8. PRO -FORMA POLICY The Company may provide,.at.the request of:a Proposed Insured, a.pro-forma policy illustrating the coverage.that the Company may provide. A pro -forma. policy n e ithe r. reflects the :status of Title at the time that the pro -forma polity is defivered 'to a Proposed Insured,. nor is it a.commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause.. Al arbitrable matters when the Proposed Policy Amount.is $2,000,000 or less shall. be arbitrated at the option of either theCompany. or the Proposed Insured as the:excl us ive remedy of the parties. A proposed. Insured. may review a:copy of the 0rbitratian rules.at. http:llwww.alta.orglarbitraCon. This page is only a part of a .2016ALTAO Commitment for.Ttle Insurance issued by First American Tide Insurance Company. 7his Commitment7s not valid without the Noficev the Commitment to Issue Polity; the: Commitment Conditions; Schedule A; Sehedule.8 Part I-RequiremenM- Schedule B, Part If Exceptions Copyright 2006-2016 American. Land Title Association. All rights reserved. The use of this Form (or anyderivative thereof) is restricted to ALTA licensees and ALTA members in good standing. as of the date of use. All other uses are prohibited. Reprinted under license from the .Ameriran Lwd Tiitle Association. Form 50012227 (8-14-18) Page 3 .of 8 ALTA Commitment.for Title Insurance (8-1-16 Mirinesot ,s= =•PALTA Commitment for Title Insurance # P""+� First American ISSUED BY First American Title Insurance Company .Schedule A File No: NCS=952061-MPLS Transaction Ideatif►cadon Data for reference only. - .Issuing Agent: First American Title Insurance Company Issuing Office: 121.South Sth Street, Suite 1.250, National Commercial Services Minneapolis, MN 55402 Commitment No,: NCS-952061-MPLS Issuing Office File No,: NCS 952061-01PLS Property Address: 3494, 35..00, 3516 Highway 61, Vadnais Heights; MN Revision No.: 1 SCHEDULE A 1. Commitment Date:. February 10, 2022 at 8:00 AM 2. Policy to be issued: (a) ALTA® Owner's Policy Proposed .Insured: The Luther Company, LLLP Proposed. Policy Amount: $1,000.00 (bj ALTA®..Loan Policy Proposed Insured: NIA .Proposed Policy Amount: $0.,00 3. The estate or'interest in. the Land described or referred to: in this Commitment is. Fee Simple 4.: The Title is, at the Commitment Date; bested in; The Luther Company, LLLP, a Minnesota limited liability limited partnership. 5. The land referred :to in this Cammitment is described as follows: Real .property in the County of Ramsey, State of Minnesota; described as follows: See attached Exhibit.A. This.page Is only a part of 2016 ALTAQ Comm tment far Title 1'nsurance:&ued by FirstAmerlcan Title Insrirarrce Company. This Ccimnitment.is not valid without the Nodee,�. the Commitment to ASUe Palle} the Commitment Conditlans,, Schedule A; Sdiedule B, Part y-Requirements; Schedule B, Part II Exceptions Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or.any derivative.thereof) Is restricted to ALTA licensees and ALTA members in good standing as of the. date of use...All other uses are prohibited. Reprinted under license from the. American Land Title Association, 50012227 (8=14-I8) [Page 4 of 8. 1 ALTA Commitment for TtleInsurance {8-1- Fife No. NCS79520617MPLS Exhibit "A" Legal Description Parcel 1: Lot 11, Auditor's Subdivision No. 84i except the North 115.21 feet thereof. (Torrens Property, Certificate of Title No, 601615) Parcel Z: The North 115.21 feed of Lot 11,. Auditor's Subdivision No. 84. (Torrens Property, Certificate of Title No. 603726) Parcel 3: Lot 10, Auditor's. Subdivision No. 84,. (Torrens Property, Certificate of Title No.. 629364) This page:is only a part ofa 2gt6ALTAO Commitment for Tide Insurance issued by First American Tide Insurance Company. This Commitment is not valid withoutdre Notice,• the Commitment to Issue. Policy; the Commitment Conditions,. Schedule A;. Schedule 9 Part I�Requkements• Schedule B, Part II -Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. the use of this Form or any derivative thereof) is restricted to ALTA licensees and:ALTA members in good standing as of the date of use. All other uses are: prohibited. Reprinted under Ifcense from tfie American Land Title Association.. Form $6012227:(8-i4-18) age S of 8 ALTA. Commitment for Title Insurance (8-1-16 NlInnesot aMt ;yl RerfFirstAmerican Commitment No.: NCS-952061-MPLS ALTA Commitment for Title Insurance ISSUED BY First American Title Insurance Company No: NC5�95861 SCHEDULE'6, PART i Requirements All of the following Requirements .must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to.in this Commitment who will obtain an interest in the Land or who will make a loan on the Land, The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate. or interest to be insured. 3. Pay the premiums,, fees, and. charges for the Policy to the Company. 4. Documents satisfactory to. the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized; executed, delivered, and recorded to the Public Records. 5.. The standard form of Seller's and/or Purchaser's Affidavit, satisfactory to the Company, is: required. 777is page is only part pf a 20I6ALTA0 Commitment for Title )nsurance issued by FiistAmencan Ttle Insurance Company. This Commitment is not valid without the Notice, the Commitment to Issue Pplicy the Cor mitment Conditions,' So' edule A; Schedule 6, Part I -Requirements; Schedule B Part B-Exceptians gg 4;. Copyright.2006-2016.American land Title Association. All rights. reserved. The use of this: Form (or airy derivative.thereof) is restricted to ALTA kensees arid.ALTA rnemhe.rs in. good standing as of the date of use. All other uses are.prbhibited. Reprinted under license from the American Land Title ALssodiation. ALTA Commitment for Tide Insurance .(8-1-1 s' a,ki`rs 5 ti. Ty. First American Schedule BI & B.II Nont,) Commitment No.: NCS�952061-MPLS ALTA Commitment for Title Insurance ISSUED BY First American Tittle Insurance Company le No.: NCS-952061-MPL'S SCHEDULE R,. PART iI Exceptions THIS COMMITMENT DOES NOT REPUBLISH. ANY COVENANT; CONDITION, RESTRICTION,. OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENTTO THE EXTENT THAT.THE SPECIFIC COVENANT, CONDITION, RESTRICTION; OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASEDON RACE, COLOR, RELIGION, SEX,. SEXUAL ORIENTATION, GENDER IDENTITY,. HANDICAP, FA.MI€.IAL STATUS, OR NATIONAL ORIGIN. The Policy will.not. insure against loss. or damage resulting from. theterms and.provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless:c€eared to. the satisfaction of the Company; 1.. Defects, liens, encumbrances, adverse claims or other matters, if any;. created, first appearing. in. the Public Records, or attachingsubsequent to the Commitment Date but -prior to. the date the Proposed Insured acquires for value the Title or Mortgage covered by this Commitment; 2. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a. correct survey would disclose; and which am.not shown by the Public Records, 3. Any facts; rights, interests,.or claims which are not shown by the Public Records but which could be ascertained by an inspection of the Land or by'maicing inquiry of persons in possession thereof. 4. Easements, or claims of easement, .hat shown by the Public Records, S. Any lien, or right to lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown. by the Public Records. Taxes or assessments which are. not shown as existing liens by the records.of any taxing authority that levies taxes or assessments on real property or by the Public. Records, 7:. Real .estate taxes payable in the:year 2i122, the amounts of which are not yet.ava€lable. Tax Parcel Nos. 34.30.22.12.0005, 34.30.22.12.0006,..and 34.30.22.1'2.000.7. S. Levied and pending special assessments; if any. 9. Right:of way for U.S. Highway 61, including the right to erect and to maintain temporary snow fences on land adjacent thereto, limitations on access; and an easement for offtake ditch purposes, as said highway is presently laid out and traveled and as contained in the following: (a) Final Certificate recorded June 20, 1933, in the office of the Ramsey County Recorder, in Book 923 of Deeds at page 21,, which is'shown. as: a recital on the:certificates of title {Parcels 1, 2, ana _3}; This page ls'anly a part ofa 2016ALTA0 Commitment for Title Insurance issued 6y First Amed-can Title Insurance Company This Commitment is not valid without the Notice; the COMMItment to Tssue Policy; the Commitment conditions; 5ahedule A; Schedule 6,. Part.I-Regr lrementS; S[fiedule6, Part II. -Exceptions Copyright 2006-2016 American Land Title Association. All rights reserved. The use of tHs Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members.in good standing as of: the date of use. A]I other uses are prohibited. Reprinted under license from the American Land Title Association. orm 59Q12227 (8_14-18} Page 7 of B. ALTA,Commitment.for Ttle Insurance.(&146 Minnesa (b) Final Certificate recorded April 16, 1957, as Document No. 376878. (Parcels 1, 2,. and 3); and (c) Highway Easement. recorded September 20, 1967, as Document No. S15016 (Parcel 1). 10.. Temporary, non-exclusive construction access easement in favor of the Metropolitan Council, as contained in. Temporary Access Easement dated August 19, 2017, recorded September 8, 2017, as Document No. T02596265. Said temporary easement.expired on March 1..4, 2019, .but was subject to an option to extend the term. (Parcel 1) 11. Rights of tenants under unrecorded leases. This page is only a. part of a 2016ALTAO Commitment for ride Insurance issued by FirstAmerican 777de Insurance Company. This COmM&7ent is not valid w 1hout Me Notice, the Commitment to... Awue Policy; the Comm�trrient`Condltians; Sdredule A, Schedule E, Part I Requiremenis,Schedule B, Part II.-Exceplrons Copyright 2006-2616 American Land Title. Association. All rights reserved. The use -of thi's Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. Ali other uses are prohibited. Reprinted under license from the American Land Title Association. 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Ul tip. 4 V - . .. . ..... .41 t5 . ... . . ....... \) ` La .'I; A c � � � \ .\......y..y"Mom��x® ... .. .......... ..... ... ............. ..... 41 7. b, i z Tq- Boa... . ....... ..... ............. ..... ..... .. .... ...... ..... ............. ..... ..... .. .......... ..... .............. .. ......... . . ... . .. ........ ..... .... ............. .... 01 Doxr�i:F es Q 0 EJ - §.,g I a-- - CITY OF GEM. LAKE Heritage Hall 4200 Otter Lake Road. ! Gem Lake; MN 55110 651-747-2.790/92165.1-747-279.5 (fax) E-mail eit ryemlakernmorg - Gem. Lake Planning Commission Meeting April 1.2; 2022. Sign in Sheet Name r 1-7 Ir 4�- i i T I i I