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�I <br />Aouk <br />MEMO TO: Clerk -Administrator and City Council / <br />FROM: Director of Public Works/Community Dev olopment <br />DATE: April 16, 1986 <br />SUBJECT: ROSEWOOD CORPORATION'S APPLICATION FOR <br />MINI-STORAGF. FACILITY <br />Attached please fins; the following: <br />Application dated August 9, 1984 <br />Staff report dated November 7, 1934 <br />Revised drawings dated February 11, <br />Planning Commission Resolution No. <br />April 2, 19e6 <br />Planning Commission <br />April 2, 1986 <br />1986 <br />155-86 dated <br />Resolution No. 159-86 dated <br />The applicant requests a code change, major subdivision and <br />development review approval to construct a mini -storage facility. <br />Code Code, Chapter 40, needs to be amended because it does not <br />expressly permit a mini -storage facility with house/office for a <br />resident manager. The mini -storage facility rill have 588 <br />garages. Mini -storage facilities with approximately 600 garages <br />normally have a house/office for the resident manager. The <br />house/office is not permitted in the I-1, Industrial District. <br />The Planning Commission recommends amending Chapter 40 of the <br />City Code to allow the house/office for resident manager as a <br />conditional use. In other words, the applicant must obtain a <br />conditional use permit from the City to have a mini -storage <br />facility will a house/office fcr the resident manager. The <br />proposed change will allow a house/office with mini -storage <br />facilities only In other words, a house/office cannot be <br />constructed with an other use in the I-1, Industrial District. <br />The Mounds View Planning Commission recommends approval of the <br />development based on several contingencies included in Planning <br />Commission Resolution No. 159-86. Please refer to this <br />resolution for details. <br />Rosewood Corporation has a purchase agroement with Mr. Russ <br />Underdahl who owns the property. I understand that Rosewood <br />Corporation is sueinq Mr. Underdahl to perform on the purchase <br />agreement. This fact raises the following question. Who owns <br />the land and who has the right ro build on it? Normally, the <br />City processes applications for companies that have purchase <br />agreement with the land owner, and Lhe land owner and developer <br />are not sueing each other. In this case, they are sueing each <br />other. I talked to the City Attorney about the advisability of <br />processing this application further. Our opinion is that we <br />should not process this application until the civil suit is <br />settled. Mr. Underdahl indicated that he would be sending me a <br />letter indicating that the purchase agreement is basically null <br />and void according to his opinion. <br />RECOMMENDATION: Table tho application until the o%vnership issue <br />is resolved. <br />SWC/bac <br />