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HomeMy WebLinkAbout1987 10-15 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 REGULAR SESSION OCTOBER 15, 1987 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman George Lucht at 7:34 p.m. ROLL CALL Chairman George Lucht, Commissioners Molly Malecki, Mike Nelson, Wallace Bernards and Ann Wallerstedt. Also present were Director of Planning and Inspection Ronald Warren, City Engineer Bo Spurrier, and Recording Secretary Mary Lou Larsen. Chairman Lucht stated Commissioners Carl Sandstrom and Lowell Ainas were unable to attend this evening's meeting and were excused. APPROVAL OF MINUTES .M September 24, 1987 Motion by Commissioner Nelson seconded by Commissioner Wallerstedt to approve the minutes of the September 24, 1987 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Nelson, Bernards and Wallerstedt. Voting against: none. Not voting: Commissioner Malecki, as she did not attend that meeting. The motion passed. APPLICATION NO. 87023 (James Andrescik) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for variance approval from Section 35-400 of the Zoning Ordinance to allow a zero setback for an existing garage from the north side lot line at 5806 Halifax Avenue North. The Secretary reviewed the staff report (see Planning Commission Information Sheet for Application No. 87023 attached) . Commissioner Wallerstedt inquired if the garage was destroyed, for instance, by fire, if the applicant would be allowed to rebuild the structure in its present location if the variance were granted? The Secretary responded affirmatively, but noted the extent of the destruction of the property may have some bearing on where it is rebuilt. He pointed out that the granting of the variance in this case really makes the structure a "conforming use" rather than a "nonconforming use" of the property. Commissioner Bernards asked if the relocation of the storm sewer would be confined to the two properties. City Engineer Bo Spurrier stated a consultant has been obtained to do a study of the situation and he will not know until he gets the results of that study which should be available in approximately two weeks. He also stated the current system is designed for a two year storm, but would be designed for a five year storm, meaning there is a need to enlarge the storm sewer facility. Commissioner Bernards inquired if the system would be a straight shot with no bends. The City Engineer answered a larger pipe could be used to accommodate runoff and would carry the difference between a two year and a five year term storm sewer system. Commissioner Bernards asked if the flow would be blocked. The City Engineer answered the City wants to continue to use that corridor for storm sewer. Chairman Lucht asked the applicant, James Andrescik, if he had anything to add. Mr. Andrescik stated he had nothing further to add. 10-15-87 -1- PUBLIC HEARING Chairman Lucht then opened the meeting for a public hearing and asked if anyone present wished to speak regarding the application. Albert Blazevic, 5800 Halifax Avenue North, was then recognized by Chairman Lucht. NIr. Blazevic stated he wanted it known for the record that he had no objection to the applicant's proposal. The Secretary stated that one phone call had been received by the Planning and Inspection Department in response to the notice for public hearing from a person who was unable to attend this evening's meeting. That person wanted to know if the granting of a variance would set a precedent to allow other buildings to be built on property lines. He explained that the party was informed that the granting of a variance in this case would not establish a precedent to allow all other structures to be built on property lines, but could be considered a precedent for other similar variances where the circumstances were identical to this case. He added that this situation was viewed as being unique. Chairman Lucht, noting that no one else wished to be heard, called for a motion to close the public hearing. CLOSE PUBLIC HEARING Notion by Commissioner Nelson seconded by Commissioner Malecki to close the public hearing. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Bernards and Wallerstedt. The Secretary also pointed out that the granting of these variances for the property at 5806 Halifax (Andrescik property) should also acknowledge a variance for the property at 5812 Halifax (Rubenstein property) because the house at 5812 Halifax is set back 9.52' from the side property line rather than the 10' required by City Ordinance. ACTION RECOMENDING APPROVAL OF APPLICATION NO. 87023 Following further discussion, there was a motion by Commissioner Nelson seconded by Commissioner Wallerstedt to approve Application No. 87023 subject to the following: 1. A variance from Section 35-400 of the Zoning Ordinance is warranted in this case for the following reasons: a) The remodeling of the existing residence necessary to comply with the ordinance would be prohibitively expensive and constitute a genuine hardship as opposed to a mere inconvenience. b) The circumstances of an attached garage built over a side lot line are unique to this parcel and are not common generally in the R1 zone. c) The condition of the encroachment of the attached garage into the storm sewer easement and into the Rubenstein property has been accomplished with the erroneous acknowledgement of the City. d) Injury to the Rubenstein property is compensated for and there is no injury to other properties. e) The private cost to achieve compliance at this time exceeds the public benefit derived from such compliance. 10-15-87 -2- i i 2. The applicant shall enter into an agreement providing for the relocation of the storm sewer between the two houses and for the assessment of costs prior to final vacation of the storm sewer easement under the two houses. 3. Variance approval is also acknowledged for the Rubenstein residence at 5812 Halifax Avenue North which is 9.52' from the south property line. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. APPLICATION NO. 87024 (James Andrescik) The Secretary introduced the next item of business, a request for variance approval from the Subdivision Ordinance to transfer a small wedge of land by metes and bounds rather than through formal platting. The staff report was then reviewed by the Secretary (see Planning Commission Information Sheet for Application No. 87024 attached) . PUBLIC HEARING Chairman Lucht then opened the meeting for a public hearing and asked if anyone present wished to speak regarding the application. Hearing no one, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Nelson seconded by Commissioner Malecki to close the public hearing. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 87024 (James Andrescik) Motion by Commissioner Nelson seconded by Commissioner Wallerstedt to approve Application No. 87024 subject to the following conditions: 1. The applicant shall enter into an agreement providing for the relocation of the storm sewer between the two houses and for the assessment of costs prior to final vacation of the storm sewer easement under the two houses. 2. Variance approval is also acknowledged for the Rubenstein residence at 5812 Halifax Avenue North which is 9.52' from the south property line. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. The Secretary explained the two applications would be on the City Council's November 9, 1987 meeting agenda as the storm sewer relocation study and easement vacation will be also be considered by the City Council at that time. APPLICATION NO. 87025 (John Ditzler) The Secretary introduced the next item of business, a request for preliminary plat approval, to subdivide into a lot and an outlot the parcel of land immediately west of 701 69th Avenue North. The Secretary reviewed the staff report (see Planning Commission Information Sheet for Application No. 87025 attached) . 10-15-87 -3- Chairman Lucht asked the applicant's representative if he had anything to add. The representative stated he had nothing to add. PUBLIC HEARING Chairman Lucht then opened the meeting for a public hearing. Mr. Dave Evanson, 2208 73rd Avenue North, stated he and his sister own some parcels in the area of the t applicant's proposal. Mr. Evanson stated he has concerns about future plans for compatible uses of the property in the surrounding area and would prefer to see it remain Rl for single-family homes. Chairman Lucht asked if the property would remain Rl. The Secretary answered in the affirmative and explained there had been a meeting of the neighbors five years ago, but at that time none of them were ready to subdivide. He stated an R1 zoning is recommended in the Comprehensive Plan. The Secretary stated that MN/DOT also owns a number of parcels in that area. Mr. Evanson stated he agrees with the Comprehensive Plan recommendation and has no objection to the proposed present construction. City Engineer Bo Spurrier stated there is a need for subdivision in the area and is glad to see an effort being made to do so. He stated there may be a need for a subdivision agreement for utilities. Chairman Lucht asked if anyone else wished to speak regarding the application. Hearing no one, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Nelson seconded by Commissioner Malecki to close the public hearing. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 87025 (John Ditzler) Motion by Commissioner Nelson seconded by Commissioner Malecki to recommend approval of Application No. 87025 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. 3. The owner shall enter into an agreement with the City prior to final plat approval that development of Outlot A shall not proceed until plans for access, utilities, and drainage, and a subdivision agreement executed by the owner of the property, . have been approved by the City. Voting in favor: Chairman Lucht, Commissioners %lecki, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. DISCUSSION ITEMS The Secretary briefly reviewed a memo from the City Attorney regarding the judgment received in the Lescault case which has been in court over a period of two to two and one half years. Business items for the next Planning Commission meeting were reviewed by the Secretary. 10-15-87 -4- ADJOURNMENT Motion by mission Nelson seconded by Commissioner Malecki to adjourn the meeting of the Planning Commission. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Bernards and Wallerstedt. The motion passed. The Planning Commission adjourned at 8:35 p.m. L' Chairman 10-15-87 -5- i