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HomeMy WebLinkAbout1977-184 CCR Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION NO. 77 -184 RESOLUTION REGARDING DISPOSITION OF BOARD OF ADJUSTMENTS AND APPEALS APPLICATION NO. 77022 SUBMITTED BY L. W. JOEL COMPANY WHEREAS, Application No. 77022 was initiated by the L. W. Joel Company on May 17, 1977, pursuant to Section 35 -251 of the City Ordinances, as an appeal from the denial of an application for a building permit submitted on March 25, 1977; and WHEREAS, the building permit application proposes a single family dwelling on the property legally described as Outlot 1 Bergstrom's Lynside Manor Third Addition, which was designated as an Outlot when' subdivision was approved in 1958; and WHEREAS, the building permit application was denied because the property was designated as a substandard unbuildable Outlot with the intent that it would be combined with additional adjacent, unplatted, and available land thereby creating a buildable lot meeting established Ordinance standards; and WHEREAS, the applicant's appeal from the denial contends that the Outlot is a lot of legal record and is a buildable lot within the language of Section 35 -500 which permits single family dwellings on substandard lots which were of legal record before January 1, 1976, provided the lot meets certain width, area, and setback requirements; and WHEREAS, the Planning Commission, sitting as the Advisory Board of Adjustments and Appeals pursuant to Section 35 -251 of the City Ordinances, heard the appeal on June 9, 1977 and adopted Commission Resolution No. 77 -4 recommending denial of the appeal; and WHEREAS, the item was placed on the June 20, 1977 City Council agenda, at which meeting it was determined the matter was tabled until the next convenient meeting since neither the appellant or a representative were present; and WHEREAS, the item was heard by the Council, sitting as the Board of Adjustments and Appeals, on August 22, 1977 and was tabled so additional information could be developed; and WHEREAS, at the appellant's request, the item was deferred from the September 12, 1977 meeting to the September 19, 1977 meeting; and RESOLUTION NO. 77 -184 WHEREAS, at that meeting both the appellant and the owner of the adjacent property at 5331 63rd Avenue North were recognized and were asked whether an agreement was feasible as to the subdivision of the existing parcels thereby creating a buildable lot in conformance with the Ordinance standards; and WHEREAS, the parties responded in the negative, and the appellant requested the Board to act upon the Appeal at that time, rather than continuing it so the parties might consider development alternatives: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, sitting as the Board of Adjustments and Appeals, to deny the Appeal submitted by L. W. Joel Company under Application No. 77022, in consideration of the following: 1 The administrative denial of the March 25, 1977 building permit application was consistent with the spirit and intent of the City Ordinances and Planning Guidelines by which the property was designated as an unbuildable, substandard Outlot until combined with additional, adjacent, and unplatted land. 2. The property is a platted Outlot and as such is not a buildable lot within the spirit and intent of Section 35 -500 which is directed at substandard lots or parcels of legal record platted in early nonconforming subdivisons 3. The lots in the same subdivision as the subject Outlot, including three similar outlots combined with adjacent land, and lots in surrounding subdivisions meet or exceed ordinance standards. 4. Development of the Outlot as proposed would not be in character with the developed lots in the area, and would establish an undesirable precedent relative to the existing excess land in the unplatted parcel adjacent to the Outlot, since there is not enough excess land to create a lot within Ordinance standards. 5. The owner of the unplatted adjacent land has expressed to the City an interest in subdivision possib' ities for his property. October 3, 1977 Date Mayor 7 ATTEST: Clerk RESOLUTION NO. 7 7 -1 The motion for the adoption of the foregoing resolution was duly seconded by member Maurice Britts and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.