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HomeMy WebLinkAbout1998 12-03 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 SPECIAL SESSION DECEMBER 03, 1998 CALL TO ORDER The Planning Commission special session was called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Ed Nelson, Rex Newman, and Dianne Reem were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, Planning Commission Recording Secretary Arlene Bergfalk. Commissioner Sean Rahn was absent. APPROVAL OF MINUTES - NOVEMBER 12. 1998 There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to approve the minutes of the November 12, 1998 meeting as submitted. The motion passed unanimously with Commissioner Erdmann abstaining. 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. WILLIAM VETTER AND ROBERT PETERSON - APPLICATION NO. 98027 - SUBDIVISION VARIANCE Chair Willson introduced Application No. 98027, a variance request to allow a lot at 507 -68th Avenue North to be subdivided by metes and bounds description rather than by formal plat. This application is submitted by William Vetter, 6736 Camden Avenue North and Robert Peterson, 6737- 5th Street North. This application was filed on 11 -16 -98 requiring City Council action by 01 -15 -99 (60 days). Mr. Warren presented the staff report and used transparencies to describe the location of the three R -1 zoned lots and the proposed subdivision of the 507 -68th Avenue North lot. (See attached Planning Commission Application Information Sheet dated 12- 03 -98.) The property to be subdivided is an undeveloped, 90'x 141' buildable lot jointly owned by the applicants. The lot will be split in half, north/south, allowing the applicants to each add an approximate 45'x 140' area to their respective properties. The certificate of survey shows the division of the jointly owned lot and the combination with the individually owned lots into Parcel A (Vetter) and Parcel B (Peterson). The newly created parcels will be approximately the same size, 135 feet x 141 feet. 12 -03 -98 1 The applicants request that they be granted a variance from the Subdivision Ordinance to divide the jointly owned lot by metes and bounds description rather than by registered land survey or by plat. Messrs. Vetter and Peterson contend that requiring a formal platting process for this division is overly expensive, burdensome and unnecessary since the land is platted properly and no lot or setback variances are required. Section 15 -112 of the ordinance authorizes granting a variance based on certain considerations and specific findings. Mr. Warren explained that staff review of the application finds that it satisfies the criteria required and clearly falls within precedents set for granting metes and bounds division variances to avoid unnecessary work and cost. Therefore, Mr. Warren recommended approval of Application No. 98027 subject to 2 conditions outlined in the staff report. Surrounding property owners were notified of the public hearing to be held on this application at this meeting. Chair Willson called for questions from the Commissioners. Commissioner Boeck inquired how the applicants acquired the property. Mr. Warren stated the lot was a tax forfeited property. He noted that the lot is buildable, however, deficiencies including roadway access and utilities discouraged the previous owner from use of the property and it was subsequently purchased by the applicants. In response to Commissioner Nelson's question regarding zoning across the street, Mr. Warren indicated there is vacant R -1 property on the opposite side of the street and described the status of other adjacent properties in that area. PUBLIC HEARING - APPLICATION NO. 98027 There was a motion by Commissioner Nelson, seconded by Commissioner Erdmann, to open the public hearing at 7:48 p.m. The motion passed unanimously. Chair Willson called for comments from the public. I Messrs. Vetter and Peterson, the applicants, explained that because of the orientation of their homes on their lots, splitting the lot in question will enlarge their side and back yards. In addition to making their individual lots more valuable and attractive, their homes could also be enlarged. The vacant lot has been maintained by the applicants over the years. The applicants wish to avoid payment of taxes on the lot by filing the certificate of survey and completion of quit claim procedures before January 1, 1999. No other individuals from the public appeared before the Commission during the public hearing on Application No. 98027. CLOSE PUBLIC HEARING There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to close the public hearing on Application No. 98027 at 7:52 p.m. The motion passed unanimously. Chair Willson called for additional questions from the Commissioners. The Commissioners interposed no objections to approval of Application No. 98027. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 98027 - WILLIAM VETTER AND ROBERT PETERSON - SUBDIVISION VARIANCE There was a motion by Commissioner Boeck, seconded by Commissioner Erdmann, to recommend to the Council that it approve Application No. 98027, a request for a variance to allow a subdivision 12 -03 -98 2 of land by metes and bounds description rather than by a formal plat, submitted by William Vetter and Robert Peterson, noting that the standards for variance and the City's policy regarding subdivisions by metes and bounds descriptions have been met subject to the following conditions: 1. The legal descriptions and survey showing the division of Lot 3, Block 1, Bing's Addition No. 2 shall be filed with Hennepin County. 2. Once these legal descriptions have been established, the City Assessor is authorized to allow the combination of the divided property to the adjacent Lot 2 and Lot 4, Bing's Addition No. 2 for tax purposes. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Nelson, Newman, and Reem. The motion passed unanimously. The Council will consider the recommendation at its December 14, 1998 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 /DISCUSSION ITEMS - NONE FUTURE MEETING DATES The next meeting of the Planning Commission will be on Thursday, December 17, in conjunction with a joint meeting with the Council. Mr. Warren briefly reviewed the Commission's business agenda and the matters which may be discussed with the Councilmembers at that meeting. Meeting dates are tentatively set for Thursday, January 14 and January 28, 1999. After Council meeting dates are set for 1999, the Commission schedule will be available. ADJOURNMENT There was a motion by Commissioner Erdmann, seconded by Commissioner Newman, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:00 p.m. Chair Recorded and transcribed by: Arlene Bergfalk TimeSaver Off Site Secretarial, Inc. 12 -03 -98 3