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Home My WebLink About1990 02-15 PCP t ' I PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER FEBRUARY 15, 1990 C REGULAR SESSION 1. Call to Order: 7: 30 p.m. 2. Roll Call 3. Approval of Minutes - February 1, 1990 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. Duane Saari 90001 Request for approval of a variance to subdivide by metes and bounds, redrawing the common property line between 5113 Paul Drive and 6412 Scott Avenue North to eliminate an encroachment of the Saari Driveway on the neighboring lot. 6. Other Business 7. Discussion Items 8. Adjournment t I I ,j Planning Commission Information Sheet Application No. 90001 Applicant: Duane Saari Location: 5113 Paul Drive, 6412 Scott Avenue North Request: Variance (Subdivision by metes and bounds) The applicant requests variance approval to allow a subdivision by metes and bounds (rather than by formal plat) in order to relocate the common property line between 5113 Paul and 6412 Scott Avenue North. The purpose of the subdivision is simply to redraw the boundary line to be consistent with physical realities (such as the Saaris' driveway) . It is not to create a separate buildable lot. Under the Subdivision Ordinance, subdivisions are to be performed by plat or registered land survey. The proposal to subdivide by metes and bounds requires a variance to be granted from the Subdivision Ordinance. Generally, such variances are granted as long as the following conditions apply: 1) No new buildable lots are created. 2) The underlying lots are platted. 3) Setbacks and lot area requirements will still be met after the property line is redrawn. All three of these conditions are met in this case. No buildable lots are created. The underlying lots are platted. The resulting lot areas will be 11,121 sq. ft. for the Rooney property (the corner lot at 6412 Scott Avenue North) and 9,900 sq. ft. for the Saari property (5113 Paul Drive, an interior lot) . City ordinances require 10,500 sq. ft. for a corner lot and 9,500 sq. ft. for an interior lot. The new lot line will be directly north-south, whereas the existing lot line runs at an angle and lies within the Saaris' driveway, or rather the Saari driveway lies partially on the Rooneys' property. The new property line will leave the Saaris' garage 4.7 ' from the west lot line. The minimum required by the Zoning Ordinance is 31 . The proposed variance application appears to meet the City's policy regarding subdivisions by metes and bounds. Approval is recommended, subject to at least the following conditions: 1. The new legal descriptions and necessary deeds for transfer of property shall be filed with the titles to the property at the County. 2-15-90 r t A City of Brooklyn Center Planning Committee 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Gary Shallcross We are requesting a change in the lot line between Duane Saari and John Rooney. This request is due to the lot line as it now stands there is not a straight acess to the Saari garage. His driveway runs over the Rooney property, in fact at the street end of Saari ' s driveway the lot line is approximately in the center of it. When Saari ' s purchased the property 17+ years ago ., the lot line irregularity did nol--show up during the closing or the title search. After the closing the neibbors discussed the problem and Saari agreed to go along with the agreement the previous owner of the Paul Drive home and Mr. Rooney had made. That agreement gave Rooney 12 feet at the back of his lot and 9.5 feet at the front of the lot line at the street to Saari. This change is an asset to both partiesfor Saari it is straight acess to his garage, for Rooney it has squared off his back yard and increased it. Also, this change is necessary for either party to be able to sell their property as it is not listable as is. We appreciate your consideration of this problem and hope you will see our problem and straighten the lot line out for us. Thank you in advance. Duane H. Saari John Rooney 5113 Paul Drive 6412 Scott Ave Broojlyn Center, MN 55429 Brooklyn Center, MN 55429' 15-112 Section 15-112. VARIANCES. a. The council may authorize a variance from these regulations when in its opinion, undue hardship may result from strict compliance. In granting any variance the council shall prescribe only conditions that it deems necessary to or desirable for the public interest. In making its findings as required herein below, the council shall take into account 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 the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of his 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. b. Application for any such variance shall be made in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the council, stating fully and clearly all facts relied upon by the petitioner and shall be supplemented with maps, plans or other additional data which may aid the council in the analysis of the proposed project. The plans for such development shall include such covenants, restrictions, or other legal provisions necessary to guarantee the full achievement of the plan. • 01 • ■,.. .. ■� SIM MM a mew OR ski ■iii '. � - ►' IM SUSNUARRE3 WPM- ►1111 //MUM Basis was ■ Baal■��■��C � n/// � M /■�� ■ - ■ ■ ling a am a m w an :Mai Mm Mal M&A so a all OWN M No .n W%\/ pLI� of sue`• �� .�■� �� ■■� ZJJWIM IM am WAA MM =11 INIM Ow Mm gas ass CIA M �■.�rf so �I//- w IMP lag 1 ling■/�� g�/�,;1�� ■� ■!S� //�� ..� i� �■" ■■'■ \gsals■■air. IN■ �■ ■�■ ■"' ="" = ■/n��l 0 03M IF W4 NM �M ilk mow a 00 0101111 ILN mom MAL am IRV ��:, �� ter. r� .• .: �t 110� MM IV J� `y •" ift� � �► i am , mI om Novo moll KIM �Y \ CERTIFICATE of SURVEY for : R.E.Stransky Land Surveyors 2301 WucR 5Street Suite 201 D U A N E S A A R �x W N 55113 (612)182-03 86 J O H N R O O N E Y SCALE 1" a 20 feet SURVEY OF: Lot 3 and Lot 4, Block 3; DONMAY"S Bearings shorn are assumed BROOK LYN GARDENS according to the plat of record and on file in the O Denotes iron monument marked by Office of the County Recorder, Minnesota Registration No. 14945 Hennepin County. Minnesota. I «Denotes iron monument found LOT 2 Subject to easements of record, r LOT 17 _ S 0°02'34 W 130.49 2! 01 c 02 _ 1 � o � 2 Zt it '' 24,o 9.YY •j C �v z' M loo a Q n T 3 ? '^ I o- / vo he' 2 a 14 u � N 0:(n , ^0 OD sa.o /A, 2 Eulw Ef ? 4 yid J lu / 0 1 1. --3 ��.06" dam\ W, 1 W (e 3 z.z.Z & u ' S 0°29 54 ot� 7 1 100.87 ( ; LOT s' 35.3 PP o � if) ? ua•r s EO �: W o.i Ct a � IV o. cc U— I Z 0) 7 d ' Ct M N LOT 4 39.9 ° o M to J Is .3 ceN. C d N d I� WM �U') J N d A W Z I j d10D V a it.o o ) 85.00 �n H R=1260.26 dN 3°21'45nW `O 7 266 e 1 a o._ u RFpcE I hereby cerily that this survey, plan or p S report was prepared by as or under my direct i.s $/' AVENUE .supervision and that I an a duly licensed SCOTT —-- — � — � � Land Surveyor under the laws of the State _�.�— of Minnesota. � �� _ _-- — Si nod this/ —day ot( nQ 1989 NOTE: There are no encroachments to or from said parcels except as shown hereon. Robert E. Stransky, LS Minn. Lic. No. "g;5 LS F.d 33—/i9-z/