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Home My WebLink About1998 12-03 PCP • PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER December 3, 1998 SPECIAL SESSION 1. Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes - November 12, 1998 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. William Vetter and Robert Peterson 98027 Request for a variance from the platting ordinance to allow a division of land by metes and bounds description rather than by a formal plat. 6. Other Business 7. Discussion Items 8. Adjournment i i Application Filed on 11-16-98 City Council Action Should Be Taken By 1-15-99 (60 Days) Planning Commission Information Sheet Application No. 98027 Applicant: William Vetter and Robert Peterson Location: South Side of 68th Avenue No,Between Camden Avenue No & 5th Street No Request: Variance (Subdivision by Metes and Bounds Description) The applicants, William Vetter and Robert Peterson, who reside at 6736 Camden Avenue North and 6737 5th Street North respectively, are requesting a variance to allow a subdivision of land by metes and bounds description rather than by a formal plat. The property they are proposing to divide is an approximate 90 ft. x 141 ft. undeveloped, but buildable, lot addressed as 507 68th Avenue North. The lot is located on the south side of 68th Avenue and lies between the two lots owned by the applicants. The property in question is zoned R-1 (One Family Residence) and is surrounded on the east, south and west by single family homes and on the north by a half street dedication for 68th Avenue North with vacant single family zoned property on the opposite side of that street. The applicants have jointly acquired this property from Hennepin County and wish to divide it equally so that it can be combined with their properties. • The current legal descriptions of the properties involved in this request are Lots 2, 3 & 4, Block 1, Bing's Addition No. 2 with each lot being approximately 90 ft. x 140 ft. Lot 2 is 6737 5th Street North (Peterson property); Lot 3 is 507 68th Avenue North(vacant property jointly owned by applicants); and Lot 4 is 6736 Camden Avenue North(Vetter property). Their proposal is to divide the lot in half with a north/south split which would allow them to add an approximate 45 ft. x 140 ft. area to their respective properties. A certificate of survey has been prepared for the applicants showing the division of land proposed,which when filed would create two parcels, Parcel A and Parcel B which would be described as follows: Proposed Parcel A -Lot 4, and the west half of Lot 3, Bing's Addition No. 2 Proposed Parcel B -Lot 2, and the east half of Lot 3, Bing's Addition No. 2 This division/combination would allow the applicants separate ownership of this property rather to continue to own this lot in common. Parcel A,the Vetter parcel, would be approximately 135 ft. x 141 ft. and Parcel B,the Peterson parcel, would be approximately 135 ft. x 141 ft. Under the City's Subdivision Ordinance, divisions of land are to be performed by plat or 12-3-98 Page 1 registered land survey unless the City Council shall by variance allow otherwise. Section 15-112 of the subdivision, or platting, ordinance authorizes the council to grant variances from their . regulations when, in its opinion,undue hardship may result from strict compliance. In making its findings,the council shall take into consideration the nature of the proposed use of land,the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. To grant a variance,the council shall find: 1. That there are special circumstances or conditions affecting said property such that strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of his/her land. 2. That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner. 3. That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated. The applicant's contention is that to require the formal platting process for the division they propose is overly expensive, burdensome and unnecessary in that no new legal lots are being created with this division of land. The staff would concur with the applicant's request and in this case we do believe the standards for variance can be met. Also,there is much precedent for the granting of metes and bounds division variances. Such variances were quite common prior to 1978. Since that time, at least four such divisions have been approved through the variance process by the City Council. The most recent being one for Joseph Lampe and Ernee McArthur under Planning Commission Application No. 98018 on September 28, 1998. The variances that have been granted typically • site the right of the property owner to divide his/her property and the hardship of bearing full platting costs to divide the property by plat. Also,the division of land by metes and bounds have been allowed provided that; 1. No new buildable lots were being created; 2. That the underlying land is platted property; and 3. That no lot or setback variances are implied and that all lot area requirements will be met. In our opinion, the proposed metes and bounds description variance requested by the applicants appears to meet both the variance standards contained in Section 15-112 of the city ordinances and also the City's policy regarding the division of land by metes and bounds descriptions. A public hearing has been scheduled and notices to surrounding property owners have been sent. RECOMMENDATION Again, it is believed that the standards for variance and the City's policy regarding subdivisions by metes and bounds descriptions have been met. Therefore, approval of this application is recommended noting the above findings and subject to at least the following conditions: 1. The legal descriptions and survey showing the division of Lot 3, Block 1, Bing's 12-3-98 Page 2 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. • • 12-3-98 Page 3 � tlll� OU IS ins iii i ■i = :-� �■� �� rss ■■■111■ -�� . : �■ r . , •� . m . SO mass NOU-16-1998 12:42 P.02i02 L _ 68TH A VE. N. 135.09 1 135.08 4 Parce _ m Pare l 1A el B I W LOT l L,2 T 0` ` OT 2 I U L 135 00 Plat I 135.29 Meos.,,.-, 135.00 L07 S - l L;1,;11NG LE-GAL LE-GAL DESCRIPTION Lots 2,3. and 4, Block 1, BING'S ADD1171ON NO. 2, Hennepin County, Minn. PROP05 D DESCRIPTION PARCEL A Lot 4, and the West Half of Lot 3, BING'S ADDITION NO. 2, Hennepin County, Minn. PROPOSED DESCRIPTION PARCEL B Lot ?, and the East Half of Lot 3, NOTE: Existing buildings/improvements BING'S ADDITION NO. 2, Hennepin County, Minn. on subject site not shown. 4k NORM-i I HEREBY CER71FY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT 0 BO SUPERVISON AND MHAT I AM A DULY REGISTERED PROFESSIO LAND SURVEYOR UNDER THE LAWS SCALE IN FEET of THE AT of �IINN a • Denotes Iron Monument Found o D;;notes Iron Monument Set DATE Z REG.NO. 29 3 ADMINIS T RA ! !VE SUBDI r/SOON for: Bill Vetter R Cmw No,..b.r 16, 1990 10:44 94 n.m. CcN"SULTWQ ENOWE'cfa8 TOTAL P.02 • November 16, 1998 Dear Planning Commission Members: We, William Vetter from 6736 Camden lot 4 block 1 Bings Addition no 2, and Robert Peterson from 6737-5th Street Lot 2 block 1 Bings Addition no 2 , request consideration of variance to do a meets and bounds. Please review this at your next meeting. We have purchased Lot 3 Block 1 Bing's Addition No. 2. We would like to do a administrative subdivision. The new property description would then be Lot 4 and west half of Lot 3 Bing's Addition No. 2. Lot 2 and east half of Lot 3 Bing's • Addition No. 2. We have done field survey, set the new corner, and prepared certificates with new legals with: Howard Green Company, Consulting Engineers, 1326 Energy Park Drive, St. Paul, MN 55108, (612)-644-4389. Thank you for your consideration. William J. Vetter bert Pet son