101496 EDA Official File Copy
CITY OF NEW HOPE
EDA AGENDA
EDA Regular Meeting #15 October 14, 1996
Agenda #16
President Edward J. Erickson
Commissioner W. Peter Enck
Commissioner Pat La Vine Norby
Commissioner Gerald Otten
Commissioner Terri Wehling
1. Call to Order
2. Roll Call
3. Approval of Minutes of September 23, 1996
4. Resolution Approving Plans and Specifications for Rehabilitation of Tasks
Unlimited Property at 3579/3581 Independence Avenue North and
Amendment of Loan Agreement (Improvement Project No. 554)
5. Resolution Approving Porch Addition at 7909 51st Avenue North
(Improvement Project No. 505)
6. Adjournment
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
HENNEPIN COUNTY, MINNESOTA 55428
Approved EDA Minutes September 23, 1996
Meeting #14
CALL TO ORDER President Erickson called the meeting of the Economic Development
Authority to order at 8:31 p.m.
ROLL CALL Present: Erickson, Enck, Otten, Norby, Wehling
Staff Present: Donahue, Sondrall, Hanson, Leone, McDonald, Bellefuil,
APPROVE MINUTES Motion was made by Commissioner Otten, seconded by Commissioner
Wehling, to approve the EDA minutes of September 9, 1996. All present
voted in favor. Motion carried.
IMP. PROJECT 572 President Erickson introduced for discussion Item 4, Discussion Regarding
Item 4 Request for Financial Assistance for Rehabilitation of Apartment Building
at 7510 Bass Lake Road (Improve~nent Project No. 572).
Mr. Dan Donahue, City Manager, reviewed the City's loan program which
was established in 1993 and directed at maintaining multi-family rental
housing. The purpose of the program is to assist owners in obtaining
necessary capital for property rehabilitation and upkeep, to provide safe
and decent housing opportunities at affordable prices, and to target public
resources to reverse property deterioration and improve property values to
enhance public safety within the community. One of the requirements is
a 50/50 matching of funds. He pointed out that the owners of the
apartment building at 7610 Bass Lake Road are proposing improvements
totaling $47,775 of which they would pay for $7,175 (15%) and are
requesting that the EDA provide a loan interest loan for the remaining
$41,550.
Messrs. Bob Engelking and Earl Norwood, property owners of the 11-unit
apartment complex at 7610 Bass Lake Road, were recognized.
Mr. Engelking cited reasons for the loan request. He explained the
importance of attracting quality tenants by upgrading the property. One of
the most important improvements proposed is installation of a security
system.
The EDA addressed the responsibility of owners to maintain their property
on an on-going basis.
The property owners emphasized the lack of cash flow and the high
property taxes.
Discussion ensued regarding Hennepin County's Rental Rehabilitation 3%
Loan Program. Mr. Engelking indicated he was one of the first to contact
Hennepin County regarding the program.
The EDA directed the property owners to apply for the Hennepin County
Rental Rehabilitation 3% Loan as well as work with City staff by sharing
New Hope EDA September 23, 1996
Page I
their financial records.
ADJOURNMENT Motion was made by Commissioner Wehling, seconded by Commissioner
Enck, to adjourn the meeting. All present voted in favor. The New Hope
EDA adjourned at 9:02 p.m.
Respectfully submitted,
Valerie Leone
City Clerk
New Hope EDA September 23, 1996
Page 2
EDA
, ~l REQUF_~T FOR ACTION
Originating Department Approved for Agenda Agenda Section
City Manager EDA
10-14-96
Sarah Bellefuil I ~ Item No.
By: Community Development Specialist By: 4
APPROVING PLANS AI~ SPECIFICATIONS FOR REHABILITATION OF TASKS
RESOLUTION
UNLIMITED PROPERTY AT 3579/3581--'INDEPENDENCE AVENUE NORTH AND AMENDMENT OF
LOAN AGREEMENT (IMPROVEMENT PROJECT NO. 554)
At the September 9 New Hope Economic Development Authority meeting, the EDA approved a loan to
Tasks Unlimited Lodges to purchase 3579/3581 Independence Avenue North. Tasks Unlimited closed
on the property on September 20 and would like to remodel the building during the next few months.
Tasks Unlimited will move clients into the site in December. During the October 14 EDA meeting, staff
will present the architectural drawings of the proposed remodeling of the building. The plans are
attached for your review.
The twin home located at 3579/3581 Independence was built in 1981. Currently each unit has 1,440
square feet of living space including three bedrooms, two bathrooms, a kitchen, dining room, living
room, laundry room, and two-car attached garage. Because residents of the twin home do not own
cars, Tasks Unlimited would like to convert the northern garage into a recreation room. Changes to the
northern garage include placing a bay window where the garage door was and installing a sliding glass
door and closet at the west wall of the recreation room. The southern garage will remain to house a
single van which is used to take residents to work, shopping, etc. The southern garage door will be
extended four feet to accommodate a large van. Additional changes include converting an old den
located in the lower level of each house into additional bedrooms and building a hall in the southern
garage to link the two units. No changes will be made to the upper levels of the twin home.
The New Hope Building Official reviewed the plans and stated that one problem with the proposed
remodeling is the loss of the garage on the northern unit. This is a problem because a single car
garage is required for all housing units in the City. Staff feels that the requirement can be met because
Review: Administration: Finance:
RFA-O01
Request for Action Page 2 10-14-96
the two-car garage on the southern unit will remain. In addition, an amendment to the agreement
between Tasks Unlimited and the City will include the requirement that the northern garage must be
converted back to a two-car garage if the property is sold. A second requirement will be that a
maximum of two vehicles will be allowed to park overnight on the site while the property is owned by
Tasks Unlimited.
The Building Official is also requesting additional information, including the following, which Tasks
Unlimited has agreed to provide.
· New bedroom escape window sizes.
· A 1~ hour rated door assembly at the property line door linking the units. The door should have an
electric "hold-open" assembly that is connected to the smoke detectors in each unit.
· The new exterior materials such as siding, brick, and shingles, should match the existing exterior
materials.
The City Attorney has prepared the enclosed resolution approving the plans and specifications for the
remodeling and to amend the loan agreement.
Staff recommend approval of the resolution.
, Com~icx & $O~Dm~L, P.A.
STEVEN A. SONDRALL ATTORNEYS AT LAW
MARTINMICHAELp.R'MALECHA~FLEUR Edinburgh Executive Office Plea
WILLIAM C. S~AIT 8525 Edinbrook Crossing
Suite ~203
Brookl~ Park, Minneso~ 55443
TELEPHONE {612) 4~5671
October 9, ~996
Daniel J. Donahue
New Hope EDA
4401Xylon Avenue North
New Hope, MN 55428
RE: Tasks Unlimited Loan
Our File No. 99.11169
Dear Dan-
The closing of the purchase of the twinhome at 3579/3581 by Tasks
Unlimited Lodges was completed on September 20. The EDA loaned
Tasks Unlimited $90,000 for the purchase, receiving a Mortgage in
return. The Loan terms included a requirement of EDA approval of
the rehabilitation plans of Tasks Unlimited for the property.
Tasks Unlimited submitted their plans, which call for the
conversion of the two car garage on one side of the twinhome to a
great room.
The enclosed Resolution approves those plans. The approval
includes an amendment to the Loan Agreement specifying that Tasks
Unlimited is to convert the great room back to a garage prior to
selling the property, and also to limit overnight parking or
storage on the property to two motor vehicles. In addition, to
ensure the City can enforce these conversion and parking
requirements even if the loan is paid off, a short Declaration of
Covenants (to be signed only by Tasks Unlimited) is also attached.
If the EDA approves the Plans as submitted by Tasks Unlimited, the
enclosed Resolution should be passed at the October 14 meeting.
Be sure to call if you have any questions.
Sincerely,
~x~. ~tGNED
~,~CHA
Martin P. Malecha
m3w .,-~
cc' Valerie Leone, City Clerk (w/enc)
Kirk McDonald, Management Assistant (w/enc)
Sarah Bellefuil, Administrative Assistant (w/enc)
Steven A. Sondrall, City Attorney
EDA RESOLUTION NO. 96-
RESOLUTION APPROVING PLANS AND
SPECIFICATIONS FOR REHABILITATION OF
TASKS UNLIMITED PROPERTY AT
3579/3581 INDEPENDENCE AVENUE NORTH
AND AMENDMENT OF LOAN AGREEMENT
WHEREAS, the Economic Development Authority in and for the
City of New Hope (EDA) has a goal of encouraging special needs
housing in the City of New Hope (City), and
WHEREAS, the EDA approved a $90,000 loan. (~he Loan) to Tasks
Unlimited Lodges, a Minnesota non-profit corporation (Tasks
Unlimited), to purchase a twinhome at.3579/3581 Independence Avenue
North (the Loan Property) for use of the Loan Property as a peer
supported group residence for adult persons with persistent mental
illness by EDA Resolution 96-16, and
WHEREAS, the Loan was completed at the closing of the purchase
of the Loan Property by Tasks Unlimited on September 20, 1996, and
WHEREA~, the Loan was conditioned upon the approval by the EDA
of the plans and specifications of Tasks Unlimited for the
rehabilitation of the Loan Property, and
WHEREAS, the EDA has reviewed the Plans and Specifications
dated September 23 1996 (the Plans) submitted by Tasks Unlimited,
which Plans call for the conversion of one of the two car garages
on the Loan Property to a great room, and
WHEREAS, Tasks Unlimited is willing to agree to reconvert the
great room back to a two car garage upon sale of the Loan Property,
and to limit to two motor vehicles any overnight parking and
storage on the Loan Property, and
WHEREAS, the Amendment to Loan Agreement attached hereto as
Exhibit A amends the original Loan Agreement to add the great room
reconversion requirement and the parking limitation as additional
covenants of Tasks Unlimited, and
WHEREAs, the Declaration of Covenants attached hereto as
Exhibit B allows the EDA to enforce the great room reconversion
requirement and the parking limitation.
NOW, THEREFORE, BE IT RESOLVED by the Economic Development
Authority in and for the City of New Hope as follows:
1. That the above recitals are incorporated herein by
reference.
2. That the Plans and Specifications dated ,
1996 submitted by Tasks Unlimited for the rehabilitation
of the Loan Property are approved, subject to execution
by Tasks Unlimited of the Amendment of Loan Agreement and
the Declaration of Covenants attached hereto as Exhibits
A and B, respectively.
3. That the Amendment of Loan Agreement attached hereto as
Exhibit A is approved, and the President and Executive
Director are authorized and directed to sign the same on
behalf of the EDA.
Adopted by the Economic Development Authority in and for the
City of New Hope this 14th day of October, 1996.
Edw.- J. Erickson, President
Attest:
Daniel J. Donahue, Executive Director
AMENDMENT TO LOAN AGREEMENT
This is an amendment made this day of , 1996
(hereinafter referred to as the Amendment) to that certain Loan
Agreement dated September 20, 1996 (hereinafter referred to as the
Loan Agreement) between TASKS UNLIMITED LODGES, a Minnesota non-
profit corporation (hereinafter referred to as "Borrower"), and
ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE, a
Minnesota municipal corporation (hereinafter referred to as
"Lender").
WHEREAS, Lender has made a loan of $90,000.00 to Borrower to
aid Borrower in the purchase of certain real estate (hereinafter
referred to as the Loan Property) identified in more detail in the
Loan Agreement, said loan having been secured by a Mortgage dated
September 20, 1996 (hereinafter referred to as the Mortgage), and
WHEREAS, the Loan Agreement requires Borrower to rehabilitate
the Loan Property for occupation and use as a peer supported group
residence for adult persons with persistent mental illness, with
the further requirement that the plans and specifications for said
rehabilitation of the Loan Property be approved by the Lender in
advance of the commencement of such rehabilitation, and
WHEREAS, Borrower has submitted certain rehabilitation plans
and specifications dated September 23 , 1996 (hereinafter
referred to as the Plans) to Lender for approval, and
WHEREAS, the Plans call for the temporary conversion of one
double garage on the Loan Property to a great room, to be
reconverted back to a garage upon the sale of the Loan Property by
Borrower, and
WHEREAS, in order to approve the Plans, Borrower requires the
Loan Agreement be amended to include as additional affirmative
covenants of Borrower a limitation on the number of motor vehicles
located overnight on the property, as well as the reconversion of
the great room back to a two car garage prior to the sale of the
Loan Property by Borrower.
NOW, THEREFORE, in consideration of the mutual covenants
herein contained, it is hereby agreed as follows:
1. Amendment of Loan A~reement. This Amendment shall amend
the terms of.the Loan Agreement, and if there is any conflict
between the terms of the Amendment and the Loan Agreement, the
terms of the Amendment shall control.
2. Additional Affirmative Covenants. Paragraph 3 of the
EXHIBIT A
Loan Agreement shall include the following as additional
affirmative covenants, the violation of which will be a default
giving Lender a legally sufficient basis to foreclose the Mortgage:
(1) Not allow more than two motor vehicles to be parked or
stored overnight on the Loan Property;
(k) Reconvert the great room on the Loan Property back to a
two car garage prior to the sale of the Loan Property;
(No change is intended to any other language in Paragraph 3 of the
Loan Agreement).
3. Covenants and Restrictions. Borrower shall provide
Lender with a Declaration of Covenants in recordable form and
meeting Lender's approval, which Declaration of Covenants shall
include the additional affirmative covenants set forth in paragraph
2 above, and allow for the enforcement of said covenants by Lender.
IN TESTIMONY WHEREOF, each of the parties hereto have caused
these presents to be duly executed as of the day and year first
above written.
TASKS UNLIMITED LODGES, a
Minnesota non-profit corporation
By:
Its
By:
Its
ECONOMIC DEVELOPMENT AUTHORITY IN AND
FOR THE CITY OF NEW HOPE, a Minnesota
municipal corporation
By:
Its President
By:
Its Executive Director
~asksam d.agr
2
DECLARATION OF COVENANTS
This declaration is made this day of , 1996,
by TASKS UNLIMITED LODGES, a Minnesota non-profit corporation,
hereinafter referred to as the Declarant,
WHEREAS, the Declarant is the fee owner of the following
legally described property located in Hennepin County, Minnesota:
Lot 15, Block 1, New Hope Highlands 2nd Addition,
and
Lot 16, Block 1, New Hope Highlands 2nd Addition,
(hereinafter the Property), and
WHEREAS, the Property is improved with a twinhome, with one of
the two dwelling units of the twinhome located on each of Lot 15
and Lot 16 of the Property, and
WHEREAS, Declarant plans to rehabilitate the Property, which
rehabilitation will include the conversion of the two car garage on
Lot 16 of the Property to a great room, and
WHEREAS, Declarant's rehabilitation plans for the Property
must be approved by the Economic Development Authority in and for
the City of New Hope (the EDA), and
WHEREAS, the EDA is willing to approve Declarant's
1
EXHIBIT B
rehabilitation plans conditioned upon Declarant agreeing to limit
the overnight parking or storage of motor vehicles on the Property
to two such motor vehicles, and to convert the great room on Lot 16
back to a garage prior to the sale of the Property or either of Lot
15 or Lot 16 of the Property, and
WHEREAS, the purpose of the Declaration is to provide a method
for enforcement of these conditions by the EDA.
NOW, THEREFORE, the Declarant hereby declares that all of the
Property shall be held, transferred, SolS, conveyed and occupied
subject to the following covenants, conditions and restrictions
which are of the Property, and which shall run with the Property
and be binding on ~ll parties that have a right, title, or interest
in the Property or any part thereof, their heirs, successors and
assigns, and shall inure to the benefit of each owner thereof.
1. Incorporation of Recitals. The above recitals are
incorporated herein by this reference.
2. Limitation on Overnight Parking, No more than two motor
vehicles shall be parked or stored overnight on the Property,
whether said motor vehicles shall be located in the two car garage
of Lot 15 of the Property or parked on the driveway of either Lot
t5 or Lot 16 of the Property.
3. Reconversion of Garage. The two car garage located on
2
Lot 16 of the Property, which shall be converted to a great room as
part of Declarant's rehabilitation of the Property, shall be
reconverted back to a two car garage prior to the sale of the
Property or the sate of either of Lot 15 or Lot 16 of the Property,
or if the Property or either of Lot 15 or Lot 16 of the Property is
no longer used as a peer supported group residence for adult
persons with persistent mental illness,
4. Covenants Run With Land. These restrictions and
covenants are to run with the land and. shAll be binding on all
parties and all persons claiming under them.
5~ Enforcement. Enforcement of these covenants shall be by
proceeding at law or in equity against any person or persons
violating or attempting to violate any of the covenants and
restrictions, either to restrain violation or to recover damages,
the EDA specifically having the right to seek enforcement of these
covenants and restrictions, and in the event such party seeking
such enforcement shall be upheld by the courts, the
defendant or defendants in such case shall be liable for the
reasonable attorney's fees sustained by the plaintiff, together
with court costs of such action, and the same shall, to the extent
permitted by law, constitute a lien upon the property of such
defendant.
6. Severability. Each of the provisions hereof shall be
3
deemed independent of the others, and invalidation of any one of
these covenants, or any part or parts thereof, by judgments or
court order, shall in no way affect any of the other provisions
hereof which shall remain in full force and effect.
IN WITNESS WHEREOF, the Declarant hereto has executed this
declaration on the day and year indicated below.
TASKS UNLIMITED LODGES, a
Minnesota Nqn-Profit Corporation
By
Its
By
Its
STATE OF MINNESOTA )
) SS,
COUNTY OF HENNEPIN )
The foregoing was acknowledged before me, a Notary Public
within and for said County, this day of
, 1996 by and
, the and
, respectively, of TASKS UNLIMITED
LODGES, a Minnesota non-profit corporation, on behalf of said non-
profit corporation.
Notary Public
THIS INSTRUMENT DRAFTED BY:
CORRICK & SONDRALL, P.A.
8525 Edinbrook Crossing, #203
Brooklyn Park, MN 55443
(612) 425-5671
c:\ w p51\cnh\tasks,~v
5
' i
NORTt
~ i-- P~
36 TH AVE. N.
AVE.
I 55 TH ~VE
SONNES
~T ~i~ ELEMEN
~ ~t ~ ~ SCHOOL
VALLE
!!
MEMO
TO: SARAH
FROM: DOUG
DATE: SEPT. 19, 1996
RE: 3579-81 Independence Avenue Property
I have looked at the Timothy Gaetz, AIA, design for a small garage addition
and some interior remodelling, per your request. In concept, There are no
major problems with the plan. When the time comes to submit plans for a
building permit, I will expect to see more details, including the new bedroom
"Escape Window" sizes and a 1-1/2 hour rated door assembly at the property
line etc. Electric hold-opens should be included for a "single dwelling" concept
(tied to smoke detectors on each side of the lot line).
Conversely, the "single dwelling" use tells me that the property line should be
removed between the existing lots, eliminating the north lot garage
nonconformity and the rated wall issue.
Cc: McDonald
file
~ REQUF~T FOR ACTION
originating Department Approved for Agenda Agenda Section
City Manager EDA
10-14-96
Sarah Bellefuil ~'~ Item No.
By.COmmunity Development Specialist By:.// 5
RESOLUTION APPROVING PORCH ADD~71ON AT 7909 51sT AVENUE NORTH (IMPROVEMENT
PROJECT//505)
In 1995 the City began construction of a handicap accessible twin home at a City owned property located
at the corner of 51'~ and Winnetka Avenue North. In August.1995 the City sold one twin home unit located
at 7909 51~t Avenue North to Jeff Bangsberg. The City sold 7901 51~t Avenue North to Carey Luckeroth in
October 1995. As part of the sale of the twin home units, the EDA recorded a Declaration of Covenants
against both properties. One of the requirements of the Covenants is that the EDA must approve in
writing any modification made to the building. In addition, both the EDA and the owner of the other unii
must approve in writing any changes to the building exterior, party wall, and/or party fence.
In September, Mr. Bangsberg approached staff for permission to build a four season porch to the rear of
his half of the twin home. The proposed addition would alter the exterior of the twin home and would
include changes to the party wall and party fence common to both units. A cement slab with footings is
already located at the rear of the property and the four season porch would be constructed on the
footings.
City staff met with Mr. Bangsberg and Ms. Luckeroth on September 27. At that time the proposed addition
was discussed and staff asked Ms. Luckeroth if she approved the addition. Ms. Luckeroth stated that she
did not object to the addition and signed a "Consent to Porch Addition at 7909 51't Avenue North" which
was prepared by the City Attorney (see Exhibit B). Staff also asked Ms. Luckeroth if she was interested in
building a porch at the same time as Mr. Bangsberg. She stated that she did not want to build one at the
present time but might consider it at a later date.
Also during the meeting, City staff asked about the materials that would be used for the construction. In
response, Mr. Bangsberg stated that the four season porch would have the same materials, color
scheme, and window sizes as the current structure. The addition will be built on the original 10' x 12' slab
and will be 120 square feet in size. A new 10' x 12' cement slab will also be placed directly west of the
original foundation.
Staff recommends approval of the resolution approving the porch addition at 7909 51't Avenue North.
,,-, - / &.
v /
Review: Administration: Finance:
RFA-O01 ~
EDA RESOLUTION NO. 96-
RESOLUTION APPROVING PORCH ADDITION
AT 7909 51st AVENUE NORTH
WHEREAS, the Economic Development Authority in and for the
City of New Hope (EDA) previously owned certain rea1 estate known
as 7901/7909 51st Avenue North, New Hope, Minnesota, legally
described as:
Lots 1 and 2, Block 1, Marky Addition, according to the plat
thereof filed or of record in the Office of the Registrar of
Titles in and for Hennepin County, Minnesota,
and
WHEREAS, during its ownership of ~aid Lots 1 and 2, the EDA
approved and recorded against said Lots 1 and 2 that certain
Declaration of Covenants (the Covenants), filed as Document No.
2635093, files of the Registrar of Titles, and
WHEREAS, said Lot 1 (the 7909 Property) was subsequently sold
to T. Jeff Bangsberg, and said Lot 2 (the 7901 Property) was
subsequently sold to Carey A. Luckeroth, and
WHEREAS, the Covenants require in Paragraph No. 4 that no
owner of said Lot 1 or said Lot 2 may undertake any modification,
change or alteration'of the dwellings there, whether functional or
decorative, unless and until the value, type and size thereof,
materials to be used in construction, exterior color scheme,
specifications and details thereof, shall be approved in writing by
the EDA, and all necessary permits and appnovals have been received
from the City of New Hope, and
WHEREAS, the Covenants further require in Paragraph No. @ d.
that any owner proposing to modify, make additions to or rebuild
his residential unit in any manner which requires the extension or
other alteration of any party wall or fence shall first obtain the
written consent of the adjoining owner and the EDA, and
WHEREAS, the Covenants further require in Paragraph 10 that no
alterations to the exterior of the dwelling shall be made without
prior written consent of the other owner and the EDA, and
WHEREAS, T. Jeff Bangsberg as the owner of the 7909 Property
has approached the EDA for approval of a proposed addition of a
four season porch to the rear of the 7909 Property (the Proposed
Addition), with the details of the Proposed Addition set forth in
the attached Exhibit A, and
WHEREAS, the Proposed Addition will require the extension of
the party wa]] and the alteration of the existing party fence
between the 7909 Property and the 7901 Property, and
WHEREAS, the Proposed Addition will involve alterations to the
exterior of the dwelling, and
WHEREAS, Carey A. Luckeroth as the owner of the 7901 Property
has consented to construction of the Proposed Addition, as set
forth in the attached Exhibit B, and
WHEREAS, the Proposed Addition, including its value, type and
size, materials to be used in construction, exterior color scheme,
and specifications and details, is hereby found to be an attractive
improvement to the 7909 Property, is appropriately located to
prevent an inharmonious appearance and function, will promote the
general welfare of the neighborhood, and will not depreciate the
value of the 7901 Property.
NOW, THEREFORE, BE IT RESOLVED by the Economic Development
Authority in and for the City of New Hope as follows:
1. That the above recitals are incorporated herein by
reference.
2. That Carey Luckeroth as the owner of the 7901 Property
has consented in writing to the Proposed Addition,
satisfying the requirements of approval in writing by the
adjoining owner as set forth in Paragraphs 8 d. and 10 of
the Covenants.
3. That the Proposed Addition to Lot 1, Block 1, Marky
Addition, as set forth in detail in the attached Exhibit
A, is hereby approved by the EDA.
4. That this Resolution shall constitute and satisfy the
requirements of approval in writing by the EDA of the
Proposed Addition as set forth in Paragraphs 4, 8 d., and
10 of the Covenants.
Adopted by the Economic Development Authority in and for the
City of New Hope this day of , 1996.
Edw. J. Erickson, President
Attest:
Daniel J. Donahue, Executive Director
cnh\7909addn, res
CORRICK' ~ SONDRALL, P.A.
STEVEN A. $ONCHAU. ATTORNEYS AT LAW
MICHAEL R. LAFLEUR
MARTIN P. MALECHA Edinburgh Executive Office Plaza
WILLIAM C. STRAIT 8525 Edinbrook Crossing
Suite #203
Brooklyn Park, Minnesota 55443
TELEPHONE (612) 425-5671
FAX (612) 425-5867
September 18, 1996
Daniel J. Donahue
New Hope EDA
4401Xylon Avenue North
New Hope, MN 55428
RE- Proposed Addition at 7909 51st Avenue North
Our File No. 99.11124
Dear Dan:
T. Jeff Bangsberg, the owner of the 7909 unit of the twinhome at
7901/7909 51st Avenue North has approached the EDA for permission
to add a four season porch to the rear of his half of the twinhome.
The proposed addition will alter the exterior of the twinhome, and
will include changes to the party walt and party fence common to
both units. The 7901 unit is owned by Carey A. Luckeroth.
You may recall that before selling either of the twinhome units at
this location, the EDA recorded a Declaration of Covenants against
both properties. The Covenants require, among other things, the
consent in writing of the EDA before any modification or change can
be made to the dwelling. In addition, both the EDA and the owner
of the 790t unit must approve in writing any changes to the
exterior of the twinhomes, and any changes to the party wall or
party fence.
The purposes of the Covenants are set forth in the Whereas clauses
of the document, and provide the direction of the EDA review of the
proposed addition. These purposes include protection of the
property (both sides of the twinhome) from an improper use that
will depreciate the value of the property, encouragement of the
maintenance of attractive improvements appropriately located to
prevent an .inharmonious appearance and function, and providing a
development that will promote the general welfare of the
neighborhood.
The Covenants also provide specific items the EDA should consider
Daniel J. Donahue
September 18, 1996
Page 2
in its review of the proposed addition. As set forth in Paragraph
4 of the Covenants, the EDA should consider the value of the
improvement, its type and size, the materials to be used, the
exterior color scheme, and the specifications a.nd details.
Paragraph 10 of the Covenants also states that changes to the
exterior must involve the same quality and materials as the
original construction. The EDA should require sufficient
information from Mr. Bangsberg on these points before making its
dec i s i on.
The owner of the 7901 unit, Carey Luckeroth, has said she will
consent to the proposed addition. Her consent in writing should be
received by the EDA prior to any approval of the addition. If her
consent has not been received, any 'approval of the addition by.the
EDA should be contingent upon the receipt of the written consent of
Carey Luckerot h.
If the EDA decides to approve the porch addition as proposed, by Mr,
Bangsberg, passing the enclosed Resolution will constitute the
written approval required by the Covenants.
Do not hesitate to call if you have any comments or questions.
Sincerely,
Martin P. Malecha
Assistant City Attorney
m3w
Enclosure
cc: Valerie Leone, City Clerk (w/eric),..~.~
Kirk McDona. ld, Management Assistant'(w/enc)
Sa~at~;~11efu~:l, Administrative Assistant (w/eric)
Stljven A, Son~dra11, City Attorney
MEMORANDUM
DATE: October 9, 1996
TO: City of New Hope
'FROM: T. Jeff Bangsberg
RE: 7909 - 51 st Avenue North
As required by the Declaration of Covenants, I am requesting your approval to construct a four-season
porch on the south side of the twinhome unit at 7909 - 51 st Avenue, North. As you may recall, I
obtained approval to install a foundation with heat ducts and insulation for a future four-season porch in
March of 1995. This was done upon completion of home construction (August 1995).
As required by the Declaration of Covenants, I have obtained permission for this project from my
neighbor, Carey Luckeroth, at 7901 - 51 st Avenue, North. In addition, I have submitted the attached
design plans to the Inspections Department.
I was requested by City staff'to submit to you in writing the following assurances:
The tbur-season porch will have the same exterior color scheme and type of roofing, soffits, faschia
and siding as the existing structure.
· Ihe tbur-season porch will 'have the same windows with the same height as all windows in the
existing structure (The attached design shows longer windows than are planned.)
· The structure will have tongue-in-groove interior, a vaulted ceiling and two skylights.
· As shown in the plan, the party wall is in compliance with City stipulations.
The party wall will include one-hour, fire-rated construction, 5/8" fire code sheetrock, and 1/2"
gypsum sheetrock.
· As required, I will obtain the proper building permits upon approval to proceed.
Your consideration and approval of this plan will be greatly appreciated.
Thank you.
T. JeffBangsb6rg ' ff A~ ~'~~ October 9, 1996
CONSENT TO PORCH ADDITION
AT 7909 51ST AVENUE NORTH
The undersigned, Carey A. Luckeroth, Consentor, being the
owner of certain real estate located in Hennepin County, Minnesota,
legally described as:
Lot 2, Block 1, Marky Addition, according to the plat thereof
filed or of record in the Office of the Registrar of Titles in
and for Hennepin County, Minnesota,
(the Property} hereby states and declares as follows:
1. She has reviewed those' certain plans, for the addition of
a four season porch (the Proposed Addition} to that certain
real estate located in Hennepin County, Minnesota, legally
described as:
Lot 2, Block 1, Marky Addition, according to the plat
thereof filed or of record in the Office of the Registrar
of Titles in and for Hennepin County, Minnesota,
{the Addition Property) as submitted, to the Economic
Development Authority in and for the City of New Hope by the
owner of the Addition Property.
2. She is aware that her written consent to the construction
of the Proposed Addition is required by Paragraphs 8 d. and 10
of that certain Declaration of Covenants filed as Document No.
2635093, files of the Registrar of Titles, Hennepin County,
Minnesota (the Covenants}.
3. By her signature below she consents to the construction
of the Proposed Addition on the Addition Property.
4. This document is intended to satisfy all requirements in
the Covenants of her written consent, as the owner of the
fo the Proposed Addition on the Addition Property
Property ·
Carey L-tt~ke rot h
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN ) ·
The/?foregoi'ng instrument was acknowledged before me__this
day of...~/zy~/~y~Y~'~y, 1996, by Carey A. Luckeroth, ConsenI/(~r~-----'--
Exhibit B