Laserfiche WebLink
<br />,--~~-~~k(J I' :4/Ar-1 <br /> <br />r- kUr-' LUX. ll\J~UkAI\ICI::. ASSC b::. I 6363366 <br /> <br />~ <br /> <br />P,l <br /> <br />MARK E. BATTIS <br />Attorney At Law <br />1413 West Eldridge Avenue <br />Roseville, Minnesota 55113 <br />651-636-8773 <br /> <br />t<<.d <br />\I '1D 1'U<<:> <br />1>fW <br />c.u.& ~u:. <br /> <br />January 17, 2000 <br /> <br />The Honorable John Kysylyczyn <br />Mayor <br />City ofRosevilJe <br />3083 Victoria Street North <br />RoseviUe, Minnesota 55113 <br /> <br />~l~/ 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 MalJ (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 abovepdescribed 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 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 HornePlace 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 nonh. 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 Bra,dley. <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 of HarMar 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 deteJmination of <br />the actual square footage as adopted by Ramsey County for tax purposes. the HarMar Shopping <br />