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HomeMy WebLinkAbout1970-228 CCR Member Theodore Willard introduced the following g resolution and moved its adoption: RESOLUTION NO. 70 -228 RESOLUTION APPROVING PLATTING, LOT DEPTH, FRONT YARD SETBACK, AND REAR YARD SETBACK VARIANCES RELATIVE TO PLANNING COMMISSION APPLICATION NO. 70013 SUBMITTED BY BY.RON DUNKLEY WHEREAS, applicant Byron Dunkley filed Planning Commission Application No. 70013 on March 31, 1970; and WHEREAS, the application was considered by the Planning Commission at Public Hearing on May 7, 1970 at which time the following objections were registered for Planning Commission evaluation: 1. Vehicular traffic would be backing from the subject properties onto heavily traveled Lyndale Avenue; 2. Erection of houses on the subject property would essentially obstruct the river view for residents on the west side of Lyndale Avenue; 3. The granting of such variances would be precedent setting; 4. The applicant had purchased the property without investigating the setback restrictions; and WHEREAS, the Planning Commission after hearing all arguments moved to table the action for further consideration and suggested that the applicant seek professional architectural advice as to the unique design and construction requirements of the subject property; and WHEREAS, the Planning Commission further considered the matter on May 28th, June 4th and September 24th, 2970 during which period the applicant submitted engineering and architectural data in support of his application; and If WHEREAS, upon again hearing objections on September 24th, the Planning Commission moved to further defer the application until such time as the City Attorney could report on the legal ramifications of the requested variances; and WHEREAS, the City Attorney essentially reported that in view of the prevailing facts, failure to approve the requested variances would, in effect, violate due process by rendering the property valueless; and WHEREAS, on October 1, 1970, the Planning Commission again considered RESOLUTION NO 70 -228 Application No. 70013 in light of the City Attorney's report and recommended approval of the application; and WHEREAS, on October 19, 1970 Application No. 70013 was considered in Public Hearing by the City Council; and WHEREAS, information was presented by the applicant and his agents and previously expressed objections to the application were presented; and WHEREAS, the City Council considered, among other things, the following factors and findings in its deliberations; 1. That the subject parcels were plotted prior to the passage of the current subdivision ordinance; 2. That the subject parcels slope sharply down to the Mississippi River; that a portion of the rear of the plotted parcels and the river bank beyond are subject to flooding during high water; that the variances requested are the minimum required to make the properties suitable for construction of residences; 3. That the front yard setback requested is substantially the same as other existing properties along the east side of Lyndale Avenue in this vicinity; that the open space between the proposed front yard setback line and the setback line of the properties across Lyndale Avenue is sufficient for the movement of light and air and will not contribute to congestion or fire hazard. 4. The report and advice of the City Attorney relative to the deprivation of the subject land value in the event that variances were not granted to permit building upon the property; 5. The applicant's proposed building plans incorporating an automobile turn- around space would eliminate the need to back onto Lyndale Avenue and further more upon completion of I -94, Lyndale Avenue will likely assume the characteristics of the residential street; 6. The potential obstruction of the river view for residents on the west side of Lyndale Avenue does not constitute sufficient justification to deny the variances and thus render the subject property valueless; 7. An possible reduction in vale caused properties on the west u c u Y p side of Lyndale Avenue by granting the requested variances would not be significant in degree; 8. The proposal to consider the acquisition of property on the east side of Lyndale Avenue between 57th Avenue North and 53rd Avenue North for open space purposes is not comprehended by the Comprehensive Plan and' such proposal has not been provided for in existing land acquisition plans. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota to- accept the Planning Commission recommendations and approve Application No. 70013 as follows; 1. Approve a variance from Section 15 -104 of the Subdivision Regulations to permit lot division by metes and bounds description; 2. With respect to the north parcel (Lot 12 and the north 54.35 feet of Lot 13, Garcelon's Addition) approve a 34 ft. front yard setback variance, approve a 24 ft. rear yard setback variance, and approve a 53 ft. lot depth variance. RESOLUTION NO 70 -228 3) with respect to the south parcel (Lot 13 except the north 54.34 feet and Lot 14, Garcelons Addition) approve a 34 foot front yard setback variance, approve a 15 foot rear yard setback variance, and approve a 42 foot lot depth variance. s November 9, 1970 Date Mayor ATTEST: Clete. The motion for the adoption of the foregoing resolution was duly seconded by member john Leary, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.