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<br />I --':::1<'.1-':::1<:)1:::1 I I ; tJ. / ,1-\1,1 <br /> <br />r- kUr.1 l.,UX 11\l.:::.UkANCI:. ASSC b!:;' I 5363366 <br /> <br />P.l <br /> <br />Tf~. <br /> <br />MARK E. BATTIS <br />Attorney At Law <br />1413 West Eldridge Avenue <br />Roseville, Minnesota 55113 <br />651-636-8773 <br /> <br />January 17,2000 <br /> <br />The Honorable John Kysylyczyn <br />Mayor <br />City of Roseville <br />3083 Victoria Street North <br />RoseviJIe, Minnesota 55113 <br /> <br />~/2j F--30 <br /> <br />~ /.c; 7 <br /> <br />RE: Bradley Operating Partnership request for <br />vacation of a' portion of certain utility and <br />drainage easements at HarMar MaIJ (PF3183) <br /> <br />Dear Mr. Kysylyczyn: <br /> <br />On January 12, 2000, this matter came before the Planning Commission for a request by Bradley <br />Limited Partnership ("Bradley") to approve the requested vacation of the above~described utility <br />and drainage easement. Staff in their comment number 3.4 acknowledged that "No hearing or <br />other site plan review of the proposed Cub store is required if Cub meets all code requirem~nts. <br />However, the vacation of this easement ultimately leads to a decision of whether a 24 hour Cub <br />Food store may be placed on the former HomePlace site., . City Zoning Code," <br /> <br />At issue is the interpretation of the definition of the square footage of the HarMar Shopping <br />Center. Bradley is proposing that the size should be 2.111,018 square feet for the calculation of <br />further site development. However. this measurement includes restrictive non-use easements on <br />Snelling Avenue and County Road B, Please refer to the attached aerial map of HarMar, The <br />area subject to the restrictive non-use easement is marked red ("Easement Area"), You will note <br />that Bradley is attempting to include all ofSnelJing Avenue to the west and one half of County <br />Road B to the north. Bradley can never develop in this Easement Area unless SneUing A venue <br />and County'Road B are closed and the restrictive non-use easement reverts back to Bradley, <br />Since Snelling Avenue is a State road and a main thoroughfare, the chances of that happening is <br />nonexistent. The same is true of County Road B. According to the tax map for Ramsey County, <br />the size the ofHarMar Shopping Center for tax purposes is 1,826,821 square feet. This is a more <br />realistic calculation of the actual square footage that can be developed at the Shopping Center, <br />This represents a difference of284,197 square teet which can never be developed, We had the <br />same area calculated by a Mechanical Engineer and his calculations were very close to the <br />figures as provided by Ramsey County, <br /> <br />The square footage of the HarMar Shopping Center is critical in determining the amount of <br />further development that can take place on this site, Using the more realistic determination of <br />the actual square footage as adopted by Ramsey County for tax purposes, the HarMar Shopping <br />