Loading...
HomeMy WebLinkAbout2006 10-26 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION OCTOBER 26, 2006 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:00 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Gary Ford, Michael Parks, and Tim Roche were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Rachel Lund was absent and excused. Sean Rahn was absent and unexcused. APPROVAL OF MINUTES — SEPTEMBER 28, 2006 There was a motion by Commissioner Roche, seconded by Commissioner Ford, to approve the minutes of the September 28, 2006 meeting as submitted. The motion passed. Commissioner Gary Ford abstained as he was not present at the meeting. CHAIR'S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2006 -012 TONY BERG Chair Willson introduced Application No. 2006 -012, a request from Tony Berg to resubdivide the property at 5420 Fremont Avenue North to reestablish two platted lots that have been combined for tax purposes. This would allow the two lots to be used and sold separately. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 10 -26 -06 for Application No. 2006 -012, attached.) He explained that the process of combining parcels for tax purposes is an administrative procedure that allows lots to be combined without the benefit of replatting. Once it is done, the lots cannot be sold or conveyed separately without being uncombined or resubdivided which requires approval of the City Council. The Commission discussed various aspects of the process involved with reestablishing property lines for lots previously combined for tax purposes. Mr. Warren provided clarification on the resubdivision process. There was also discussion regarding setback requirements as well as demolition or relocation of the existing garage on the parcel that does not contain a primary residence. Mr. Warren explained how the City would handle the situation to assure that all city requirements are met. 10 -26 -06 Page 1 PUBLIC HEARING—APPLICATION NO. 2006-012 There was a motion by Commissioner Boeck, seconded by Commissioner Roche, to open the public hearing on Application No. 2006-012, at 7:35 p.m. The motion passed unanimously. Chair Willson called for comments from the public. The applicant, Mr. Tony Berg, 1142 Commerce Street, St Paul, Minnesota introduced himself and stated that all of the issues discussed by the Commission will be addressed. He indicated their plans involve moving the garage and building the new house at the same time. Chair Willson asked Mr. Warren to explain to Mr. Berg what is required for a financial guarantee on this project. Mr. Warren pointed out what forms are acceptable for a financial guarantee to insure the project's completion. Mr. Berg stated that he has no problem with the conditions of approval recommended by the City Staff. He added that he plans to close up the windows/openings on the north side of the house where the minimum 10 ft. setback will no longer exist and they plan to put an addition on the back of the house. Commissioner Roche asked if Mr. Berg is the owner of 5420 Fremont Avenue North. Mr. Berg responded that his business partner owns the property and they are working together on this project. However, Mr. Berg will be handling the building aspects of the project. Mr. Warren interjected that the property lines would need to be reestablished and the openings/windows on the north side of the property closed before building permits would be issued. No other persons from the public appeared before the Commission during the public hearing on Application No. 2006-012. CLOSE PUBLIC HEARING There was a motion by Commissioner Boeck, seconded by Commissioner Ford, to close the public hearing on Application No. 2006-012, at 7:50 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2006-012- TONY BERG There was a motion by Commissioner Boeck, seconded by Commissioner Roche,to recommend to the City Council that it approve Application No. 2006-012, submitted by Tony Berg to resubdivide the property at 5420 Fremont Avenue North to reestablish two platted lots that have been combined for tax purposes subject to the following conditions: 1. The legal descriptions and survey showing the reestablishment of the underlying lots 10-26-06 Page 2 shall be filed with Hennepin County. 2. The City Assessor is authorized to process the resubdivision in conjunction with Hennepin County. 3. The resubdivision approval does not comprehend approval of any other action pertaining to the use of the property. 4. No variances from city ordinance requirements are implied. Any future structures on the lots are required to meet setback requirements. 5. The applicant shall be responsible for modifying the existing single family residential home on Lot 26 so that there are no doors, windows or other openings along the north side of the building which is less than 10 ft. from the property line. Said modification shall be accomplished prior to the filing of the survey to reestablish the underlying properties. 6. The applicant shall have either made application for a building permit to construct a single family home on the reestablished Lot 27 and to come into compliance with the 3 ft. minimum setback for an accessory building or execute a performance agreement and post an appropriate financial guarantee to assure the removal of the garage and shed on Lot 27 within one year. In no event, shall there be an accessory building or buildings on Lot 27 within one year following the filing of the survey to reestablish the underlying properties unless there is a properly constructed single family home on said lot. Voting in favor: Chair Willson, Commissioners, Boeck, Ford, Parks, and Roche. The motion passed unanimously. The Council will consider the application at its November 13, 2006 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. OTHER BUSINESS Chair Willson pointed out that Commissioners Boeck, Ford and Rahn are up for reappointment to the Planning Commission and asked the Commissioners to let the Mayor know if they intend to continue to serve. Commissioner Boeck said he will continue to serve and Commissioner Ford said he was uncertain and would report back to the Chair. There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Parks, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:05 p.m. 10 -26 -06 Page 3 9 Chair Recorded and transcribed by: Rebecca Crass 10 -26 -06 Page 4