HomeMy WebLinkAbout2006 06-15 PCP • PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
JUNE 15, 2006
REGULAR SESSION
1. Call to Order: 7:00 p.m.
2. Roll Call
3. Approval of Minutes - May 25, 2006
4. Chairperson's Explanation
The Planning Commission is 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.
5. Joseph J. Isaacs 2006 -007
• Request to resubdivide the property at 5420 Girard Avenue North to reestablish two
platted lots that have been combined for tax purposes.
6. Other Business
7. Adjournment
Application Filed on 5 -23 -06
• City Council Action Should Be
Taken By 7 -22 -06 (60 Days)
Planning Commission Information Sheet
Application No. 2006 -007
Applicant: Joseph J. Isaacs
Location: 5420 Girard Avenue North
Request: Resubdivision Approval _ ......
The applicant, Joseph H. Issacs, on behalf of Sapid Impressions, LLC, is seeking approval to
uncombine, or resubdivide, the property at 5420 Girard Avenue North to reestablish two platted
lots that were combined for tax purposes a number of years ago. This action would allow the two
lots to be used and sold separately.
The property in question is zoned R -2 which allows one and two family residences as permitted
uses in this zoning district. It is located on the east side of Girard Avenue, three lots south of 55
Avenue North. It is surrounded on the north and south by single family homes; on the east by an
alley serving this residential area with single family homes on the opposite side of the alley; and
on the west by Girard Avenue with single family homes on the opposite side of the street.
The combined lot is currently 80 ft. wide by approximately 128.25 ft. deep (10,260 sq. ft.). The
legal description is Lots 26 and 27, Block 1, Fairhaven Park and was combined for tax purposes
• as mentioned above by the owners of the property a number of years ago. Lot 27 (the northerly
lot) is 40 ft. wide by approximately 128.25 ft. deep and contains a single family house and
garage. Lot 26 (the southerly lot) is also 40 ft. wide by approximately 128.25 ft. deep and is void
of structures.
The applicant has submitted a certificate of survey showing the lots and structures on the two
underlying lots. He plans to file the certificate of survey with Hennepin County to reestablish the
old underlying lots again to ultimately sell and use the lots separately.
The process of combining parcels for tax purposes is an administrative procedure that allows lots
to be combined without the benefit of replatting. Once done, the City considers the lots to be a
single lot for building purposes and setback purposes and construction can take place on the
combined lot accordingly. The lots, once combined for tax purposes, cannot be sold or conveyed
separately without being uncombined or resubdivided, which requires City approval. Because
the lots are considered a single lot, the City requires the person requesting the reestablishment of
the lots to provide a survey to show that the reestablished lots have no property line
encroachments or setback deficiencies before the City will allow the lots to be uncombined.
A review of the certificate of survey in this case shows that the northerly lot (Lot 27) has a wood
deck along the south side of the house that is between 1 ft. and .8 ft. from the south property line.
Accessory structures such as the wood deck must be set back from an interior property line by a
• 6 -15 -06
Page 1
minimum of 3 ft. If the underlying lots are to be reestablished, the deck must be altered in order
to provide a minimum of a 3 ft. setback from the interior property line. The survey also indicates •
a concrete surface that extends over the property line proposed to be reestablished. Such an
encroachment is not necessarily a zoning violation or setback violation and can continue to exist.
We would, however, recommend that a cross access easement be developed and filed with the
titles to the two properties at the time the lots are reestablished providing cross access between
the two lots. Discussion with the applicant has indicated that it is his intention to have a shared
driveway surface between the existing garage on Lot 27 and a proposed new garage on Lot 26,
both served by the existing alley. This would require such a cross access easement.
It should be noted that the minimum lot requirements for a single family interior lot in an R -2
zone are 60 ft. in width and 7,600 sq. ft. in area. The 40 ft. wide lots of approximately 5,130 sq.
ft. in area do not meet the minimum requirements called for in the R -2 zone for a single family
residential use. The Commission's attention is directed to 35 -500 of the City's Zoning
Ordinance (copy attached) relating to substandard lots and parcels. This section of the ordinance
states that a lot or parcel which was of legal record within the R -1 or R -2 zoning district on
January 1, 1976 and which does not meet the requirements of this ordinance as to width or area
may, nevertheless, be utilized for single family detached dwelling purposes, provided the width is
not less than 40 ft. at the property line; the lot area is not less than 5,000 sq. ft.; and provided that
yard setback requirements for single family detached dwellings are met. This provision would
allow the two 40 ft. wide 5,000 plus sq. ft. lots to be utilized for single family dwelling purposes.
Lots 26 and 27, Fairhaven Park, are legal lots of record created before January 1, 1976 and are,
therefore, subject to Section 35 -500 and maybe developed for single family detached dwelling
purposes if reestablished. •
Previous resubdivisions of lots similar to this have been approved by the City Council provided
there are not encroachments or setback deficiencies.
It would appear that the resubdivision proposed by the applicant is in order and can go forward.
We have followed the procedures called for in a replatting of property and have posted a notice
of hearing on a resubdivision in the Brooklyn Center Sun/Post. It is recommended that the
Planning Commission hold a public hearing at Thursday evening's meeting.
The reestablishment of the underlying lots will mean that the northerly lot will retain the address
of 5420 Girard Avenue North while the southerly lot will be addressed 5418 Girard Avenue
North.
RECOMMENDATION
Approval of this application is recommended subject to at least the following conditions:
1. The legal descriptions and survey showing the reestablishment of the underlying lots
shall be filed with Hennepin County.
Page 2 •
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
Lot 26 are required to meet setback requirements.
5. The applicant shall be responsible for modifying the wood deck attached to the single
family home on Lot 27 so that a minimum 3 ft. setback from the interior property line
is established. Said modification shall be accomplished prior to the filing of the
certificate of survey to reestablish the underlying properties.
6. The applicant shall execute and file a cross access easement over Lots 26 and 27 for
driveway purposes prior to finalization of this resubdivision. Said cross access
easement shall be reviewed and approved by the City Attorney.
•
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. Page 3
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McGibbon Land Surveying
2214 Tower Ct. Certificate of Survey �!
Woodbury, MN 55125
(651) 442 -9823 Proposed Lot Division
FOR: Joseph Isaacs
Attorney in Fact i 1°
♦ Sapid Impressions LLC r-
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28
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N 88 0 58'03" E I 14
128.29 4-11 } —
3.3 . 3.4 - u-. l
tsz 5.7 \ o I SCALE 1" = 30 FEET
Z Conc Q 36.6 Garage o
\) o Stoop D t Story N o
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o 4.8 Frame House o 27 N °� t LEGEND
V/ \ No. 5420 N t6.2 _ I
22.1 c16 36.6 Concrete ..�., I 4 • - Denotes Iron monument found
`° wood tD Surface '� I
I °o t 0._I D 20 6 -0.8 — – Denotes iron monument set capped PLS 18883
Cl Ea . 12825
g N M - Denotes PK nail set in Bituminous
Z S 88 W 2
° W I N - Denotes PK nail Fd in Bituminous
°�° 1 5
° (+ 26 v c I ZZZZZZ Denotes Bituminous
Poo I ° v O tJ \ o I
C4� \�. Z I - Denotes Concrete Curb
128 21 3.5 4.2• ::- T//�` T Bearings are assumed
3.8-'= — — — — -- r — – 1 1 14 1
60 1 I House I N 88 °58'03" E I Garage I J i 6 NOTE:
25 - " _
There was no Title work provided to
determine if there are any easements
or encumbrances on this property.
SURVEY OF: PROPOSED DESCRIPTIONS:
I hereby certify that this surve plan or report was
Lots 26 & 27, Block 1, Lot 26, Block 1, Fairhaven Park, Lot 27, Block 1, Fairhaven Park prepared by me under my direct supervision and
Fairhaven Park, according to according to the Plat on file in according to the Plat on file in a am a dul, Licensed Land Surveyor under the
the Plat on file in the Office the Office of the County Recorder, the Office of the County Recorder, ws o the Sta M' c
Hennepin County,
of the Count Recorder Hennepin County, p ty, - -
Y � P ty�
Hennepin County, Minnesota Daniel R. McGibbon P.L.S.
Minnesota License No. 18883
``^^ 20 O&
Official Draw signed in Blue ink � This IV Day of rr�
Section 35 -500. SUBSTANDARD LOTS AND PARCELS. A lot or parcel which was of
legal record within the R1 or R2 zoning district on January 1, 1976, and which does not meet the
requirements of this ordinance as to width or area may, nevertheless, be utilized for single family
detached dwelling purposes, provided the width is not less than 40 feet at the property line; the lot
area is not less than 5,000 square feet; and provided that yard setback requirements for single family
detached dwellings are met.
Section 35 -510. DRAINAGE WAYS. No obstruction, diversion, bridging or confining of
the existing channel of any natural waterway, or any drainage swale approved as a part of the
drainage system of a plat in the municipality through which surface water in time of storms naturally
flows upon or across the land, shall be permitted without special permit. Before granting a special
permit, the zoning official shall first find that the diversion, bridging, etc. will carry the amount of
water usually likely to flow. The right is reserved to the municipality as an incident to the
development of the municipality, including the construction of streets and gutters, ditches, etc., to
cause considerable increases or decreases in the amount of water which would in a state of nature
flow into and through such natural water channel or drainage swale.
Section 35 -520. FRONTAGE ON A PUBLIC RIGHT -OF -WAY. Every parcel proposed for
some use permitted by the terms of this ordinance shall abut a public right -of -way, provided that
where unusual circumstances prevail, the City Council may waive this requirement in favor of a
reasonable alternative.
If a parcel does not abut a public right -of -way, the applicant may cause an appropriate right-
of-way to be dedicated to the municipality provided that any such dedication must conform to the
official street layout plan, or in the event the official plan does not comprehend such an appropriate
right -of -way, the dedication shall conform to a street layout plan meeting the requirements of
Section 15 -106 of these ordinances, approved by the Director of Public Works and adopted by the
City Council.
Section 35 -530. BUILDINGS IN R1 AND R2 DISTRICTS. In R1 and R2 districts every
building hereafter erected or structurally altered shall be located on a lot, and in no case shall there
be more than one principal building on one lot. The term "principal building" shall be given its
common, ordinary meaning; in case of doubt, or on any question of interpretation, the decision shall
rest with the zoning official.
1. No accessory building, unless an integral part of the principal building, shall be
erected, altered, or moved, within six feet of the principal building, as measured from
exterior wall to exterior wall. No accessory building shall be erected, altered, or
moved within six feet of another accessory building, as measured from exterior wall
to exterior wall.
2. Accessory buildings may not be erected within the side yard adjacent to the street of
a corner lot.
3. No accessory building shall exceed 15 feet in height.
•
City of Brooklyn Center 35 -72 December 3, 2005