HomeMy WebLinkAbout1990 04-12 PCP , C
PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
APRIL 12, 1990
REGULAR SESSION
1. Call to Order: 7:30 p.m.
2. Roll Call
3. Approval of Minutes - March 29, 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. Richard Whitley 90006
Request for resubdivision approval to divide off a vacant
40' lot which has been combined for tax purposes with the
property at 5411 Fremont Avenue North.
6. Charles Hillstrom 90008
Request for resubivision approval to divide off a vacant
40' lot which has been combined for tax purposes with the
property at 5423 Fremont Avenue North.
7. Merila and Associates 90007
Request for preliminary plat approval to combine the
parcels that make up the Cross of Glory Church site at
5929 Brooklyn Boulevard and the Milo Carlson property at
5830 Drew Avenue North.
8. Other Business
9. Discussion Items
10. Adjournment
Plannir}g Commission Information Sheet
Applicaltion No. 90006
Applicant: Richard Whitley
Location: 5411 and 5415 Fremont Avenue North
Request: Resubdivision
The applicant requests 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 land in question is
zoned R2 and is bound on the east by Fremont Avenue North, on the
south by a single-family home, on the west by a public alley, and
on the north by a single-family home. The area is generally a
single-family neighborhood.
The land at 5411 Fremont consists of three small lots, Lots 8, 9,
and 10, Block 1, Fairhaven Park Addition, which are each 40' wide
and approximately 128 ' deep. The existing house and garage are
entirely on the southerly lot, Lot 10. The resubdivision request
is for the City to approve dividing off the northerly 40' lot, Lot
8, which is vacant. This is not a plat. The lots in question as
pre-existing. All that is requested is that the northerly lot, Lot
8, no longer be combined for tax purposes with Lots 9 and 10.
Under Section 35-500 of the Zoning Ordinance, "a lot or parcel
which was of legal record within the R1 or R2 zoning district on
January 1, 1976, and which does not meet the requirements of [the]
ordinance as to width or area may, nevertheless, be utilized for
single-family detached dwelling purposes, provided the width is not
less than 40 feet at the property line; the lot area is not less
than 5, 000 sq. ft. ; and provided the yard setback requirements for
single-family attached dwellings are met. " All of these provisions
are met in this case. The lot to be split off is of record prior
to 1976. It is- 40' in width. The lot area is approximately 5,120
sq. ft. The proposed use is a single-family home which would be
set back 10' from the south lot line and 5.9 ' from the north lot
line. The normal minimum side yard 'setback is 101 . However,
Section 35-400, footnote 3b of the Zoning Ordinance allows for a
side yard setback of not less than 5' for one and two-family
dwellings if all other setbacks are met, if there are no windows or
doors along the side less than 10' from the property line and
provided there is a 10' setback on the other side. Those
requirements would also be met in this case.
Another concern with resubdivisions is the location of existing
structures - whether they might be built over the property line in
question. In this case, the existing structures do not encroach on
the lot to be split off. In fact, they are separated from it by
another vacant lot.
4-12-90 -1-
Application No. 90006 continued
In light of the above, it appears there is no reason to deny the
proposed resubdivision. Approval is therefore recommended, subject
to the following conditions:
1. The City Assessor is directed to process the
resubdivision in conjunction with the 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.
4-12-90 -2-
35-414
10. The following activities are prohibited:
a. Body work and painting.
b. Motor vehicle parking, except that owners and employees automobiles
and a maximum of three service vehicles may be parked. Automobiles
being serviced may be parked for a maximum period of 48 hours at
any one time.
11. The lawful use of land for any automobile service station existing at
the time of the adoption of this ordinance may be continued even if
such use does not conform to the above regulations provided that the
use is made to conform- to these regulations except subsections 1, 2, 3,
and 4 above, within 12 months of the date that this ordinance is
adopted. Subsection 3 of Section 35-414 shall apply to all exterior
additions, alterations, accessory buildings and signs erected or
constructed after the effective date of this ordinance.
12. The owner and lessee shall be jointly and severally responsible for
seeing that the above regulations are observed.
V Section 35-500. SUBSTANDARD LOTS AND PARCELS. A lot or parcel which was
of legal record within the R1 or R2 zoning district on January 1, 1976, and
which does not meet the requirements of this ordinance as to width or area may,
nevertheless, be utilized for single family detached dwelling purposes, provided
the width is not less than 40 feet at the property line; the lot area is not
less than 5,000 square feet; and provided that yard setback requirements for .
single family detached dwellings are met.
Section 35-510 DRAINAGE WAYS. No obstruction, diversion, bridging or
confining of the existing channel of any natural waterway, or any drainage swale
approved as a part of the drainage system of a plat in the municipality through
which surface water in time of storms naturally flows upon or across the land,
shall be permitted without special permit. Before granting a special permit,
the zoning official shall first find that the diversion, bridging, etc. will
carry the amount of water usually likely to flow. The right is reserved to the
municipality as an incident to the development of the municipality, including
the construction of streets and gutters, ditches, etc. , to cause considerable
increases or decreases in the amount of water which would in a state of nature
flow into and through such natural water channel or drainage Swale.
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Planning Commission Information Sheet
Application No. 90008
Applicant: Charles Hillstrom
Location: 5423 Fremont Avenue North
Request: Resubdivision
The applicant requests 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.
The land in question is zoned R1 and is bounded on the north and
south by single-family homes, on the east by Fremont Avenue North
and on the west by a public alley. The area is generally a single-
family neighborhood.
The land at 5423 Fremont Avenue North consists of two 40' wide
lots, Lots 4 and 5, Block 1, Fairhaven Park Addition. The existing
house and garage are located entirely on the northerly lot, Lot 4.
A fence does cross the property line within the property. It
appears it may be necessary to file a cross access easement for
access across the northwest corner of the vacant lot, Lot 5, for
cars to get to the garage on Lot 4. We would not oppose such an
arrangement.
The basis of the application are same as for Application No. 90006.
The pre-existing lots are 40 ' wide, approximately 5,120 sq. ft. in
area, and were of record prior to 1976. This makes them both
buildable lots as long as all setbacks can be met. In this case,
no proposed building plan has been submitted. A condition of the
division should, therefore, be that all setback requirements are
met, that no variances are comprehended.
The existing house and garage are entirely on the northerly lot.
The dwelling is set back 13 .2 ' from the lot line dividing Lot 4 and
Lot 5. There is, therefore, no ordinance violation created by the
proposed division.
The proposal appears to be basically in order. Approval is
recommended, subject to at least the following conditions:
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.
4-12-90 -1-
Application No. 90008 continued
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.
4-12-90 -2-
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Planning Commission Information Sheet
Application No. 90007
Applicant: Merila and Associates
Location: 5929 Brooklyn Boulevard and 5830 Drew Avenue North
Request: Preliminary Plat
The applicant requests 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.
The land in question is zoned R1 and is. bounded on the north by
Ewing Avenue North and Admiral Place, on the east by Brooklyn
Boulevard and the Brookdale West Professional Building, on the
south by 5824 Drew Avenue North and 58 1/2 Avenue North, and on the
west by Ewing Avenue North. The purpose of the plat is to combine
the land owned by the church into a single parcel and to resolve
some title problems between the church property and the Milo
Carlson property at 5830 Drew Avenue North. The Carlson property,
which includes a 35 ' wide strip of land north of the platted lot
for the house, will also be combined into a single parcel.
The church property includes Lots 3 through 10 and Outlot 1 of
Block 2, Pearson's Northport 3rd Addition. It also includes
portions of Lots 11, 13 and 14 of Auditor's Subdivision No. 216.
The Carlson property includes a portion of Lots 13 and 14,
Auditor's Subdivision No. 216 and Lot 13, Block 1, Grimmes
Addition. Under Section 35-540 of the Zoning Ordinance, multiple
parcels of land which are contiguous and which serve a single
development and are under common ownership, are to be combined into
a single parcel through platting or registered land survey. That
is accomplished for both the church property and the Carlson
property through this plat.
The lots created by the proposed plat have the following
characteristics:
Lot Width Area Zoning Use
1 irregular 241,122 s. f. R1 Church
2 110 ' 18, 658 s. f. R1 single-family
There is an existing 15' wide utility easement which runs through
the proposed Lot 2 (Carlson property) . It runs along the north 15 '
of the old Lot 13, Block 1, Grimmes Addition parcel where the '
existing house is situated. Mr. Carlson wishes to construct a
garage on the property. Because of the presence of the utility
easement, the garage will have to be detached. An access to the
Carlson property will be allowed across a driveway opening to the
church property which lines up with Drew Avenue North. A cross
access agreement should be filed with the titles to the property at
the County.
4-12-90 -1-
Application No. 90007 continued
The proposed plat will resolve a title problem between the church
and the Carlsons' , but may create a new dispute between the church
and the office building property abutting Brooklyn Boulevard. The
surveyor believes he has discovered an error in a previous survey
of the office site which gave the office a rectangle of land
southeast of the building (labeled parcel 4 on the preliminary
plat) . Six (6) parking stalls and a turnaround with a catch basin
have been constructed in this area and have been used for some
years by the office building. The church approached the owners of
the office building about participating in the plat and resolving
the dispute over this land in the process. The owners of the
office building, however, have declined at this time to participate
and believe that, even if a surveying error was made in the past,
they now have ownership of the land through adverse possession.
Therefore, there could be a dispute over the filing of this plat.
This dispute cannot be arbitrated by the City though we acknowledge
it exists. The City Attorney has advised that the Planning
Commission and City Council process the plat, assuming it to be
accurate. We are not qualified to judge the work of a registered
land surveyor except as it relates to City requirements. The
County Surveyor may do so. The City Attorney advises that the plat
not be tabled or denied while the dispute exists, but rather that
the dispute should be resolved directly by the parties involved
through legal action if necessary.
We, therefore, conclude that the plat is basically in order and
approval is recommended, subject to at least 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. 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.
4-12-90 -2-
Section 35-520. FRONTAGE ON A PUBLIC RIGHT-OF-WAY. Every parcel proposed
for some use permitted by the terms of this ordinance shall abut a public right-
of-way, provided that where unusual circumstances prevail, the City Council may
waive this requirement in favor of a reasonable alternative.
If a parcel does not abut a public right-of-way, the applicant may cause an
appropriate right-of-way to be dedicated to the municipality provided that any
such dedication must conform to the official street layout plan, or in the event
the official plan does not comprehend such an appropriate right-of-way, the
dedication shall conform to a street layout plan meeting the requirements of
Section 15-106 of these ordinances, approved by the Director of Public Works and
adopted by the City Council.
Section 35-530. BUILDINGS IN R1 AND R2 DISTRICTS. In R1 and R2 districts
every building hereafter erected or structurally altered shall be located on a
lot, and in no case shall there be more than one principal building on one lot.
The term "principal building" shall be given its common, ordinary meaning; in
case of doubt, or on any question of interpretation, the decision shall rest
with the zoning official.
1. No accessory building, unless an integral part of the principal
building, shall be erected, altered, or moved, within six feet of the
principal building, as measured from exterior wall to exterior wall.
No accessory building shall be erected, altered, or moved within six
feet of another accessory building, as measured from exterior wall to
exterior wall.
1 2. Accessory buildings may not be erected within the side ar
y d adjacent to
the street of a corner lot.
3. No accessory building shall exceed 15 feet in height.
4. No basement, cellar, garage, tent, or accessory building shall at any
time be used as a residence or dwelling, temporarily or permanently.
5. All dwellings shall be on permanent foundations which comply with the
State Building Code and which are solid for the complete circumference
of the dwelling, except that accessory uses such as screened or
enclosed porches, canopies, decks, balconies, stairs, etc. , may be
placed on a noncontinuous permanent foundation as approved by the
Building Official.
6. The width and the depth of the main portion of any dwelling built after
July 23, 1983, shall be no less than 181 .
10'S e ction 35-540. COMBINATION OF LAND PARCELS. Multiple parcels of land
which are contiguous and adjacent and which are proposed to serve a single
development use and which are under common ownership shall be combined into a
single parcel through platting or registered land survey.
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