HomeMy WebLinkAbout1977-4 PCRMember Robert Foreman introduced the following resolution and moved its
adoption:
June 9, 1977
Da to
ATTEST:
Secretary
RESOLUTION NO. 77-4
RESOLUTION RECOMMENDING DENIAL OF APPLICATION NO. 77022
SUBMITTED BY L. W. JOEL COMPANY
WHEREAS, Application No. 77022 was initiated by the L. W. Joel Company on May 17,
1977, pursuant to Section 35-251 of the City Ordinances, as an appeal from the denial
of an application for a building permit submitted on March 25, 1977; and -
WHEREAS, the building permit application proposes a single family dwelling on the
property legally described as Outlot 1, Bergstrom's Lynside Manor Third Addition, which
was designated as an Outlot when the subdivision was approved in 1958;"and
WHEREAS, the building permit application was denied because the property was desig-
nated as a substandard unbuildable Outlot with the intent that it would be combined with
additional adjacent, unplatted, and available land thereby creating a buildable lot
meeting established Ordinance standards; and
WHEREAS, the applicant's appeal from the denial contends that the Outlot is a lot
of legal record and is a buildable lot within the language of Section 35-500 which
permits single family dwellings on substandard lots which were of legal record before
January 1, 1976, provided the lot meets certain and width, area, and setback requirements;
WHEREAS, the Planning Commission, sitting as the Advisory Board of Adjustments and
Appeals pursuant to Section 35-251 of the City Ordinances, heard the appeal on June 9,
1977;
NOW, THEREFORE, BE IT RESOLVED by the Advisory Board of Adjustments and Appeals of
the City of Brooklyn Center to recommend to the City Council that Application No. 77022
submitted by the L. W. Joel Company be denied in consideration of the following:
1. The administrative denial of the March 25, 1977 building permit appli-
cation was consistent with the spirit and intent of the City Ordinances
and Planning Guidelines by which the property was designated as an un-
buildable, substandard Outlot until combined with additional, adjacent,
and unplatted land
2. The property is a platted Outlot and as such is not a buildable lot
within the spirit and intent of Section 35-500 which is directed at
substandard lots or parcels of legal record platted in early non-
conforming subdivisions.
3. The lots in the same subdivision as the subject Outlot, including
three similar outlots combined with adjacent land, and lots.in sur-
rounding subdivisions meet or exceed ordinance standards.
.4. Development of the Outlot as proposed would not be in character with
the developed lots in the area, and would establish an undesirable
precedent relative to the existing excess land in the unplatted
parcel adjacent to the Outlot, since there is not enough excess land
to create a lot within Ordinance standards.
5. The owner of the unplatted adjacent land has expressed to the City
an interest in subdivision possibilities for the property.
Chairman
The motion for the adoption*of the foregoing resolution was duly seconded by member
James Kohrt, and upon vote being taken thereon, the following voted in favor thereof:
Scott, Jacobson, Pierce, Foreman and Kohrt; and the following voted against the same:
none, whereupon said resolution was declared duly passed and adopted.