HomeMy WebLinkAbout2006 10-26 PCP PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
October 26, 2006
STUDY SESSION
1. Call to Order: 7:00 p.m.
2. Roll Call
3. Approval of Minutes - September 28, 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. Tony Berg 2006 -012
• Request for resubdivision approval to uncombine, or resubdivide the property as 5420
Fremont Avenue North.
6. Other Business
7. Discussion Items
8. Adjournment
i
'I
� • II
Application Filed on 9 -26 -06
City Council Action Should Be
Taken By 11 -25 -06 (60 Days)
Planning Commission Information Sheet
Application No. 2006 -012
Applicant: Tony Berg
Location: 5420 Fremont Avenue North
Request: Resubdivision Approval
The applicant, Tony Berg, is seeking approval to uncombine, or resubdivide, the property at 5420
Fremont 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 Fremont 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 Fremont Avenue with single family homes on the opposite side of the
street.
The combined lot is currently 80 ft. wide by approximately 128.34 ft. deep (10,267 sq. ft.). The
• legal description is Lots 26 and 27, Block 2, N & E Perkins Addition to Minneapolis and were
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 128.34 ft. deep and contains a 22
ft. by 22.2 ft. garage and a shed. Lot 26 (the southerly lot) is also 40 ft. wide by approximately
128.34 ft. deep and contains a single family house and a garage.
The applicant has submitted a survey of the property showing the lots and structures on the two
underlying lots. His plan is to file a certificate of survey with Hennepin County to reestablish the
old underlying lots for the purpose of utilizing 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 survey in this case shows that the northerly lot (Lot 27) has a garage that has a
setback from the south lot line of .3 ft. at the southwest corner and .4 ft. at the southeast corner of
the building. An accessory structure such as this requires a minimum setback of 3 ft. from an
• 10 -26 -06
Page 1
interior property line. Also, if the underlying lots are to be reestablished, the existing situation
would create a non - conformity in that accessory buildings are only allowed on lots which have a
principal building. The survey also indicates that the location of the garage on the southerly lot
(Lot 26) meets all setback requirements and the existing single family home on that lot is non-
conforming as to its side yard setback and front yard setback. The house is setback
approximately 6 ft. from the north property line and 20.6 ft. from the front setback line. The side
yard setback requirements for a principal building are 10 ft., however, one side yard setback can
be less than 10 ft., but no less than 5 ft. provided there are no doors, windows or openings on the
side of the building that is less than 10 ft. from the side lot line. There are openings on this wall
currently. In order for this building to be in conformance with the setback requirements, those
openings must be closed. With respect to the front yard setback, it is an existing condition which
is not affected by the reestablishment of the two lots and can continue.
i
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 5,134 sq.
ft. in area do not meet the minimum requirements called for in the R -2 zone for single family
residential use. The Commission's attention is directed to Section 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 minimum 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+ sq. ft. lots to be utilized for single family
dwelling purposes.
Lots 26 and 27, Block 2, N & E Perkins Addition to Minneapolis, are legal lots of records created
before January 1, 1976 and are, therefore, subject to Section 35 -500 and may be developed for
single family detached dwelling purposes if they are allowed to be reestablished by the City.
Previous subdivisions of lots similar to this have been approved by the City Council provided
there are not encroachments or setback deficiencies created by the reestablishment of the
underlying lots. Correction to the deficiencies noted above, namely the proposed garage location
on Lot 27 (northerly lot) and the existence of accessory structures without the benefit of a
principal building, will need to be addressed prior to reestablishing the underlying lot. With
regard to Lot 26 (southerly lot), it will be addressed to meet the requirement that there be no
doors, windows or openings along the north wall where the principal building is located less than
10 ft. from the reestablished lot line. If these corrections can be made, it would appear that the
resubdivision proposed by the applicant could go forward.
The applicant has indicated that he intends to build a new single family home on the northerly lot
and is willing to relocate or demolish the garage on that site. The question of eliminating
accessory buildings on a lot without a principal building has been addressed by the City in the
past by requiring the applicant to correct the deficiency as part of a building permit process or
Page 2
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agree to remove the structure within 12 months of reestablishing the underlying lots and execute
a performance agreement and post an appropriate financial guarantee to assure the removal of the
accessory structures.
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 southerly lot would retain the
address of 5420 Fremont Avenue North while the northerly lot would be addressed 5424
Fremont Avenue North.
RECOMMENDATION
Provided the applicant is willing to make the corrections noted above, approval of this
application would be recommended subject to at least the following conditions:
I . The legal descriptions and survey showing the reestablishment of the underlying
lots 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.
I
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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.
Cio; of Brooklyn Center 35 -72 December 3, 2005
LEGAL DES OPTION: PROPOSED LEGAL DESCRIPTION: *OPOSED AREAS:
PARCEL A: Lot 26, Block 2, N. k E. PERKINS ADDITION TO square II '�
Lots 26 and 27, Block 2, N. & E. PERKINS ADDITION PARCEL A: 5,132 feet 0.118 acres.
TO MINNEAPOLIS, Hennepin County, Minnesota. MINNEAPOLIS, Hennepin County, Minnesota. U �t o
PARCEL B: 5,133 square feet - 0.118 acres. ?t u, o
GENERAL NOTES
PARCEL B: Lot 27, Block 2, N. do E. PERKINS ADDITION TO p O <°n N 6 a
1. The beoring system used is assumed MINNEAPOLIS, Hennepin County, Minnesota. C .n 'r i.':,c +. )I`! `..r %'•r •`- Z� j� `o
C ` T
2. The location of the underground utilities Shown FINISHED FLOOR _ _ 0 FINISHED FLOOR it) i
hereon, if any, are approximate only. PURSUANT TO ELEV =, 02 GS EL ° V. ='GO 21
MSA 216D CONTACT GOPHER STATE ONE CALL AT ZO
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(612) 454 -0002 PRIOR TO ANY EXCAVATION. ✓ r
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3. Site area - 10,265 square feet = 0.236 acres. HSJ BENCHMARK,i N y�'c m ;
. This survey was made on the round. 9 `�- IRONND ,O ' � j -TOP OF NAIL �� K�vo m O m .r �.
4 NN
Y 9 9� I EXISTING j ELEV. =99.38 __ y Q o a B v
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5. No current title work was furnished for the IRON
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preparation of this survey, legal description, recorded
or unrecorded easements and encumbrances are C.I EXIST ING, BUILDING h n I 1
subject to revision upon receipt of current Lille 0
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6. Elevation datum is based on assumed data
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HS Bench murk is located m the ri ht of wa of _L p ___ iO I` c X128.3 eJ t1.9- nn
Fremont Avenue North AS SHOWN ON SURVEY L �_ I f m 99
Elevation - 100.00 F - - - - -- - - - - -- -- to , 6
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(AS SHOWN ON SURVEY) 0� ` 0 i
Elevation = 99.38 I t ' l' x" e PA EL C G
7. This survey was made without the benefit of an CI O e +I ` `p`.� a te { O . •P °1 _
architectural peon. �°� .` O I r PROPOSED BUILDING a L j/ Oj %� :: Nom' I 00
CERTIFICATION: �
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1 hereby certi that this surv Ion or re G �� �' ' N, GARAGES ' 3 SETS ¢ _ =11 Z
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was prepared by me or under my direct su "sipn (' �'
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R 71: `! . X35.49 ° / fON
and that 1 am a duly Registered Land Surveyor �� \� �I I a — �j ^ y la 4 •/
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under the lows of the Slate of Minnesota. I ; Ld 3 _ SEj 10 a, ' jo n j / m ,' I W ate, O
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