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<br />~ <br /> <br />1-. I <br /> <br />, <br />, <br />j' <br /> <br />MARK E. BATTIS <br />Attorney At Law <br />1413 West Eldridge Avenue <br />Roseville, Minnesota 55 J ] 3 <br />651-636-8773 <br /> <br />tu.c\ <br />d '1D [1.cICIO <br />1>~ <br />Ute ftLe. <br /> <br />January 17,2000 <br /> <br />The Honorable John Kysylyczyn <br />Mayor <br />City ofRoseville <br />3083 Victoria Street North <br />Roseville, Minnesota 55113 <br /> <br />e I ~j f?~3C5 <br /> <br />/\/'17 <br /> <br />RE: Bra.dley Operating Partnership request for <br />vacation of a portion of certain utility and <br />drainage easements at HarMar Mall (PF3183) <br /> <br />Dear Mr, Kysylyczyn: <br /> <br />On January 12,20007 this matter came before the Planning Commission for a request by Bradley <br />Limited Partnership C'Bradley") to approve the requested vaca.tion of the above~described utility <br />and drainage easement. Staff in their comment number 3.4 acknowledged that "No hearing or <br />ot.her site plan review of the proposed Cub store is required if Cub meets all code requirements, <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 Shoppjng <br />Center. Bradley is proposing that the size should be 2,111,018 square feet for the calculation of <br />further site deve1opment. 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 tbe restrictive non-use easement is marked red ("Easement /\rea') You will note <br />that Bradley is attempting to inc;lude all of Snelling Avenue to the west and one half of County <br />Road B to the north. Bradley can never develop in this Easement Area unless Snelling Avenue <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 D. According to the tax map fOJ 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 feet 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 purpose$., the HarMar Shopping <br />