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HomeMy WebLinkAbout1990 04-12 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 APRIL 12, 1990 REGULAR SESSION CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairperson Molly Malecki at 7:35 p.m. ROLL CALL Chairperson Molly Malecki, Commissioners Ella Sander, Wallace Bernards, Lowell Ainas, Mark Holmes and Kristen Mann. Chairperson Malecki noted that Commissioner Bertil Johnson is on vacation and was excused. APPROVAL OF MINUTES - MARCH 29 1990 Chairperson Malecki called for a motion to approve the minutes of the March 29, 1990 Planning Commission meeting. Commissioner Mann stated there should be a correction on page 8 of the minutes as she had voted to close the public hearing, not against. Motion by Commissioner Ainas seconded by Commissioner Mann to approve the minutes of the March 29, 1990 Planning Commission meeting as corrected. Voting in favor: Chairperson Malecki, Commissioners Sander, Bernards, Ainas, Mann and Holmes. Voting against: none. The motion passed. APPLICATION NO. 90006 (Richard Whitley) Following the Chairperson's explanation, the Secretary introduced the first item of business, a request for resubdivision approval to divide off a pre-existing vacant lot which has in the past been combined for tax purposes with two other combined lots, on which the residence at 5411 Fremont Avenue North is located. The Secretary reviewed the contents of the staff reports (see Planning Commission Information Sheet for Application No. 90006 attached) . The Secretary stated that this application is not a plat, but rather an action to acknowledge the uncombining of two legal lots of record which had been combined for tax purposes a number of years ago. He explained that the City Attorney had rendered an opinion about 10 years ago that the City could not prevent such an action and that these lots could be built on provided ordinance requirements could be met. He further explained that if, following the original combination for tax purposes, a property owner built over a property line then the City would not be compelled to allow the uncombining of the lots in question. He stated, however, that this is not a factor in this situation. He noted that this application is for a determination and no public hearing is, therefore, required. 4-12-90 1 Commissioner Bernards asked if the 5' setback indicated for the proposed house implies that there will be no openings, such as doors and windows, on the north side of the dwelling. The Secretary answered in the affirmative. Commissioner Sander asked when the lots were combined. The Secretary stated that he was not sure, but assumed that they were combined 20-25 years ago. Commissioner Sander asked if the combination was considered to save tax money. The Secretary answered in affirmative. He stated when a property is combined for tax purposes and a building permit is issued to cross the common property line, the property cannot be uncombined as is being sought in this case. Commissioner Sander asked if the property would be a buildable lot. The Secretary stated that it would. Commissioner Sander asked if the other lot could be divided. The Secretary stated that it could, but this is not proposed in this case. Commissioner Sander stated she felt 40 ' lots are too narrow for today's standards. The Secretary stated the 1966 Comprehensive Plan encouraged the combination of small lots in the R2 zoned portion of the southeast neighborhood. He added that this was never realized and the City, during the 19701s, was constantly facing requests to build on substandard lots. He stated that there had been only a few variance requests in the southeast neighborhood which had been approved and the Council finally decided to abandon the effort in 1976 when it adopted Section 35-500. Commissioner Mann asked what the minimum lot width is in the R2 zoning district for a two-family dwelling. The Secretary stated it is 75 ' width and a minimum of 6,200 sq. ft. per dwelling unit. Commissioner Mann asked if that meant two-family dwellings are prohibited on 40' lots. The Secretary responded in the affirmative. Chairperson Malecki asked the applicant if he had anything he wished to add regarding the application. Hearing nothing, she called for a motion for action on the application. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 90006 (Richard Whitley) Motion by Commissioner Bernards seconded by Commissioner Ainas to approve Application No. 90006 subject to the following conditions: 1. The City Assessor is directed to process the resubdivision in conjunction with Hennepin County. NI 2. The resubdivision involves only pre-existing lots that comply with the provisions of Section 35-500. No new lots are created. 4-12-90 2 3 . The resubdivision approval does not comprehend approval of any other action pertaining to the use of the property. Voting in favor: Chairperson Malecki, Commissioners Sander, Bernards, Ainas, Mann and Holmes. Voting against: none. The motion passed. APPLICATION NO. 90008 (Charles Hillstrom) The Secretary introduced the next item of business, a request for resubdivision approval to divide off the extra vacant lot south of 5421 Fremont Avenue North which has been combined for tax purposes with the principal site for some years. He stated that this application is very similar to Application No. 90006 and that there is no public hearing required for this application. The Secretary then reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 90008 attached) . The Secretary noted that there is a nonconformity with the setback for the existing house from the north property line. He added that the uncombining of the lots does not effect the nonconforming setback and, therefore, does not prevent the action being proposed. He noted that there is at, a minimum, a need for a cross access easement over Lot 5 to provide access to the existing garage on Lot 4, and depending on the property owner's preference, there might be a need to provide Lot 5 with the right to access over Lot 4 and possibly the need for an easement for parking as well. Chairperson Malecki asked the applicant if he had anything to add. Mr. Charles Hillstrom asked to what extent is the requirement of the cross access easement. The Secretary stated that it is necessary to give Lot 4 the right to access over Lot 5 in order to obtain access to the existing garage. Mr. Hillstrom asked if the language could be worked out with the surveyor. The Secretary stated that it could, but the language would have to be approved by the City Attorney and filed with the property before a building permit could be issued. Commissioner Sander asked if the easement is for both access to the garage and for parking. The Secretary stated it could be for both, depending on how the properties are going to be used. Mr. Hillstrom asked if this requirement is mandatory. The Secretary stated that he believed it was and that it is the owner's responsibility to provide the necessary easement document. ACTION RECOMMENDING APPROVAL OF APPLICATION NO 90008 (Charles Hillstrom) Motion by Commissioner Ainas seconded by Commissioner Mann to approve Application No. 90008 subject to the following conditions: 4-12-90 3 1. The City Assessor is directed to process the resubdivision in conjunction with Hennepin County. 2. The resubdivision involves only pre-existing lots that comply with the provisions of Section 35-500. No new lots are created. 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 5 are required to meet setback requirements. 5. The applicant shall execute and file a cross access easement over the northwest corner of Lot 5 prior to finalization of the resubdivision. Said cross access easement shall be reviewed and approved by the City Attorney. Voting in favor: Chairperson Malecki, Commissioners Sander, Bernards, Ainas, Mann and Holmes. Voting against: none. The motion passed. APPLICATION NO. 90007 (Merila and Associates) The Secretary introduced the last item of business, a request for preliminary plat approval to combine into two parcels the land at the Cross of Glory Church (5929 Brooklyn Boulevard) and a single- family residence at 5830 Drew Avenue North. He stated that a public hearing is required for the application and a notice was published in the newspaper. The Secretary then reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 90007 attached) . Commissioner Holmes asked if the Commission needs to address the issue of the dispute between property owners. The Secretary stated it would have to be resolved between the property owners. Commissioner Bernards asked if the owners of the neighboring office building are aware of the property line conflict. The Secretary stated that it was his understanding that they have been contacted to participate in the platting process, but chose not to do so at this time. Commissioner Bernards asked if the position taken by the owners of the office building as to adverse possession is legal. The Secretary answered that it will have to be resolved by the property owners. Mr. James Merila, of Merila and Associates, representing Cross of Glory Church, stated than an error in the previous survey had been 4-12-90 4 discovered and that error will probably be resolved through the Hennepin County Surveyor's office. He explained that a joint parking agreement between the church and Boulevard Properties (owner of the office building) had been initiated some years ago. He stated that the office use had been changed to a medical use, therefore, the property owner was to acquire additional parking elsewhere. He stated that the office building owner had acquired a parcel to the south that could provide the additional parking should the joint parking agreement no longer be necessary. Mr. Merila stated that the church has a long range plan to expand, therefore, they will need more parking in the future. He explained that now would be a good time to resolve the problem as the joint parking agreement will end when the expansion is completed. He stated the church will notify the property owner of the office building when the expansion does go forward. Commissioner Holmes asked if the land dispute will be there whether the Commission passes or denies the application. The Secretary stated that the plat combining the parcels in question is to resolve the dispute between the church and Milo Carlson, however, the problem between the church and the office building will not be resolved now. The Secretary stated the problem is there regardless and the City Attorney advises the City not to hold up the plat. Mr. Merila stated that the filing of the final plat will bring the issue of the error in the survey to the attention of the Hennepin County Surveyor. PUBLIC HEARING Chairperson then opened the meeting for a public hearing and asked if anyone present wished to speak. Hearing no one, she called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Ainas seconded by Commissioner Sander to close the public hearing. Voting in favor: Chairperson Malecki, Commissioners Sander, Bernards, Ainas, Mann and Holmes. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO 90007 (Merila and Associates) Motion by Commissioner Sander seconded by Commissioner Mann to recommend approval of Application No. 90007 subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City ordinances. 4-12-90 5 3 . All survey monuments associated with the plat shall be installed and inspected prior to release of the final plat for filing. 4. A cross access agreement, as approved by the City Attorney, shall be filed with the title to the properties providing access across the proposed Lot 1 to Lot 2 in the area by Drew Avenue North. Voting in favor: Chairperson Malecki, Commissioners Sander, Bernards, Ainas, Mann and Holmes. Voting against: none. The motion passed. ADJOURNMENT Motion by Commissioner Bernards seconded by Commissioner Ainas to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Comm' sion adjourned at 8:40 p.m. Chairperson 4-12-90 6