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HomeMy WebLinkAbout2016-06 PCRCommissioner MacMillan introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2016-06 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING APPLICATION NO. 2016-004 SUBMITTED BY MATT ZDON REQUESTING APPROVAL OF A VARIANCE TO CITY CODE SECTION 35- 400 - MINIMUM DISTRICT REQUIREMENTS, WHICH WOULD ALLOW AN ENCROACHMENT OF 26.7 FEET FROM THE REQUIRED 35 -FOOT FRONT YARD SETBACK STANDARDS FOR A NEW GARAGE STRUCTURE (LOCATED AT 5261 TWIN LAKE BOULEVARD EAST) WHEREAS, Planning Commission Application No. 2016-004 submitted by Matt Zdon proposes a variance to City Code Section 35-400. Minimum District Requirements, which would allow an encroachment of 26.7 feet from the required 35 -foot front yard setback standards for the placement of a new 20' x 20' attached garage, located at 5601 Indiana Avenue North; and WHEREAS, on May 26, 2016 the Planning Commission held a duly called and noticed public hearing, whereby a planning staff report was presented and public testimony regarding the variance and site and building plans 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 front -yard setbacks to accommodate this new structure on the subject property in a manner normally 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; and the owner presented a reasonable remedy of placing the new garage in a location that best fits within the subject lot; C) the variance, if granted, will not alter the essential character of the locality due to similar and allowed encroachments in this area, and d) Economic considerations alone did not constitute practical difficulties in this particular case. PC RESOLUTION NO. 2016-06 NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2016-004 submitted by Matt Zdon of a Variance to City Code Section 35-400, which would allow an encroachment of 26.7 feet from the required 35 -foot front yard setback for the placement of a new 20' x 20' garage, located at 5601 Indiana Avenue North, is hereby approved, subject the following conditions: The new garage and all related improvements shall comply with the recommendations and requirement set forth by the City Engineer in their City Engineer's Review Memorandum, dated May 18, 2016, and which is also made reference herein: a) Applicant shall complete a wetland delineation to determine the impacts if any to the backwater area, which is classified as wetland. If there is the potential to fill in the wetland, that will need to be mitigated. b) Applicant shall submit an updated site plan, with a grading and erosion control plan (that shows the delineated wetland boundary and the areas of cut and fill) and calculations documenting the volume of floodplain fill and the volume of compensating storage created. The WCA process will run parallel to the Commission's review process, and the commission review and approval will be contingent on completing the WCA review process c) Applicant must provide a Storm Water Pollution Prevention Plan. d) Certified Survey must show certified wetland delineation and 100 year flood elevation. e) Applicant must provide a structural certification for existing retaining wall and soils, evaluating and confirming proper stabilization and design for garage structure. f) Applicant must apply for a Land Disturbance permit g) Erosion control Best Management Practices must be inspected prior to issuance of land alteration permit. h) Other permits not listed may be required and is the responsibility of the developer to obtain and warrant. PC RESOLUTION NO. 2016-06 i) Copies of all required permits must be provided to the City prior to issuance of applicable building and land disturbance permits. 2. No major modifications or expansion to the proposed garage or the existing residence 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. 3. Based on FEMA floodplain maps for the community, this property is located within the 100 -year floodplain. Any modification to the property and structures must fully comply with the City floodplain Ordinance 35- 2100. Detailed flood -proofing measures and plans must be provided for review and approval by the City Planner and City Building Official. 4. 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. 5. The new garage must be compatible and match the architectural features of the exiting dwelling. Building plans are subject to review and final approval by the Building Official with respect to applicable codes prior to the issuance of building permits. 0 The applicant must submit an as -built survey of the property upon completion of the new garage, including lowest floor elevations, outside grade elevation details; exact location of the structure on the lot; and any related improvements, including the location and design of any required floodplain compensatory storage areas, and wetland mitigation measures (if so required). j `] May 26, 2016 Date Secretary PC RESOLUTION NO. 2016-06 The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Koenig and upon vote being taken thereon, the following voted in favor thereof: Chair Christensen, Commissioners Sweeney; Schonning; Morgan; Koenig; and MacMillan; and the following voted against the same None; whereupon said resolution was declared duly passed and adopted.