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`LJt l o/ 99‘LGGE eeeaCGCL <br />515 Little Canada Road, Little Canada, MN 55117-1600 <br />(651) 766 -4029 / FAX: (651) 766 -4048 <br />www.ei.little- canada.mn.us <br />MEMORANDUM <br />TO: Mayor Fahey & Members of the City Council <br />FROM: Joel Hanson, City Administrator <br />DATE: July 3, 2002 <br />RE: Blacktern Office Park Property Line Issue <br />MAYOR <br />Michael I. Fahey <br />COUNCIL <br />Beverly Scalze <br />Jim LaVatle <br />Matt Anderson <br />Rick Montour <br />ADMINISTRATOR <br />Joel R. Hanson <br />As you may recall, an issue arose over a year ago in the Blacktern Office Park Development whereby the <br />same owner purchased two adjoining units. That owner then created an opening between the units that <br />created a violation of the Building Code due to the fact the opening occurred in a wall that was a property <br />line. The Developer agreed to combine the lots to solve this problem. This spring, we were asked to <br />release the Letter of Credit for this development. At that time, we discovered the lot combination had not <br />been recorded. The Developer's attorney informed us that completing the combination was very difficult <br />due to the need to obtain consents from all owners and mortgagers within the project. (See letter from <br />Larry Neilson attached) <br />After considerable review and discussion involving our Building Official and City Attorney, staff felt <br />another option regarding the enactment of a restrictive covenant that would require the current /future <br />owners to close the opening in accordance with State Building Code requirements should they ever sell <br />the units to separate entities. (See letter from Steve Westerhaus attached) <br />Therefore, it is my recommendation that the City Council approve a restrictive covenant for the properties <br />in question as outlined above, subject to the final approval of the City Attorney. <br />cc: Steve Westerhaus <br />1 <br />