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HomeMy WebLinkAbout2013-016 CCR Member Dan Ryan introduced the following resolution and moved its adoption: RESOLUTION NO. 2013-16 RESOLUTION REGARDING THE DISPOSITION AND APPROVAL OF PLANNING COMMISSION APPLICATION NO. 2012-022 SUBMITTED BY LUDMILA BRYSKINA FOR A VARIANCE TO CITY CODE SECTION 35-111 NONCONFORMING USES, LOCATED AT 5601 INDIANA AVENUE NORTH WHEREAS, Planning Commission Application No. 2012-022 submitted by Ludmila Bryskina proposes a variance to City Code Section. 35-111, specifically to allow the expansion of a non-conforming structure in the R-1 (Residence One) District, and allow the Applicant/Owners to construct an underground passageway between the dwelling and detached garage, and maintain a reduced setback for the garage of 18.3 feet from the required 35-ft. front- yard setback, located at 5601 Indiana Avenue North; and WHEREAS, the Planning Commission held a duly called public hearing on December 13, 2012, whereby a planning staff report was presented and public testimony regarding the variance and site and building plan were received; and WHEREAS, in light of all testimony received, and utilizing the guidelines and standards for evaluating and determining variances under City Code Section 35-240 and the Comprehensive Plan, and moreover those variance standards as provided under Minnesota State Statutes 2010, Section 462.357, Subdivision 6. Appeals and Adjustments, the Planning Commission considered and determined the appropriateness of said variance based on the following factors: a) the property owner's request to modify this property in a reasonable manner not permitted by the zoning ordinance is justifiable and reasonable; b) the plight of the landowner is due to circumstances unique to the property not created by the landowner, since the original site was built as such in 1963 and created a conflicting grade elevation situation between the residential dwelling and detached garage, and the owners presented a reasonable remedy of installing an underground connector or tunnel between said structures; C) the variance, if granted, will not alter the essential character of the locality, due to the fact the installation and construction of the tunnel will take place in the interior portion of the property; no view sheds or lake vistas will be affected; and the tunnel will be below grade and screened as needed; and RESOLUTION NO. 2013-16 d) Economic considerations alone did not constitute practical difficulties in this particular case. AND WHEREAS the Planning Advisory Commission of the City of Brooklyn Center has provided a favorable (unanimous)recommendation to the City Council that Application No. 2012-022 submitted by Ludmila Bryskina should be approved, subject the following conditions: 1. No major modifications or expansion to the existing structures on the subject will be allowed, except those illustrated on the submitted plans and considered exclusively under this variance application. Any deviation or modification to these plans will require separate consideration and approval. 2. The Applicant shall provide detailed and certified topographical survey information showing existing ground elevations and contours of the property for determination of drainage and flood plain impacts. 3. Based on the 100-year FEMA FIRM maps, this property is located fully within the 100-year floodplain. Any modification to the property and structures must fully comply with the City floodplain Ordinance 35-2100. Detailed plans must be provided for review and approval. 4. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 5. The Applicant shall ensure that all disturbed areas of the rear yard area caused by this construction will be restored. Additional plantings of evergreen trees and shrubs will be provided along the northerly lot line to screen the underground tunnel from the adjacent neighbor. 6. The applicant shall submit an as-built survey of the property, including details of the underground tunnel connector, lowest floor elevations, and any related improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Commission Application No. 2012-022 submitted by Ludmila Bryskina for a Variance to City Code section 35-111 Nonconforming Uses, located at 5601 Indiana Avenue North, is hereby approved subject to the conditions memorialized herein. RESOLUTION NO. 2013-16 January 14, 2013 Date Mayor ATTEST: t City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Lin Myszkowski and upon vote being taken thereon,the following voted in favor thereof: Tim Willson, Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.