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HomeMy WebLinkAbout2017-156 CCRMember Dan Ryan introduced the following resolution and moved its adoption: RESOLUTION NO. 201 7-1 56 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2017-006 SUBMITTED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF BROOKYLN CENTER FOR APPROVAL OF A VARIANCE TO CITY CODE SECTION 35-400, TABLE OF MINIMUM DISTRICT REQUIREMENTS, LOCATED AT 5301 JAMES AVENUE NORTH WHEREAS, Planning Commission Application No. 2017-006, submitted by the Economic Development Authority of Brooklyn Center, proposes a variance to City Code Section 3 5-400, to allow the minimum corner yard setback for a single-family dwelling on a corner lot in the R2 (Two Family Residence) Zoning District to be reduced from 15 feet to 10 feet, which would allow construction of a new single-family dwelling at the property located at 5301 James Avenue North; and WHEREAS, the Planning Commission held a duly called public hearing on September 14, 2017, whereby this item was given full due consideration, a planning staff report was presented, and the public hearing was opened to allow for public testimony regarding the variance, site and building plan; 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 City Zoning Ordinance is justifiable and reasonable in that the property would continue its use as a single- family residential dwelling in an area surrounded by residential properties; b)the plight of the landowner is due to circumstances unique to the property, and not created by the landowner, since the property was considered of legal record prior to December 19, 1957, and that, given the current minimum required width of a single-family dwelling on a corner lot in the R2 (Two Family Residence) Zoning District is 75 feet, the Applicant's circumstances are unique in that the lot is only 50-feet wide and therefore creates constraints; C) the variance, if granted, will not alter the essential character of the RESOLUTION NO. 2017-156 locality or the neighboring residential homes as the property would be developed as a single-family dwelling, which is consistent with the residential character of the surrounding area, and the reduced corner setback would be consistent with the residential properties located on either side of the property on the north side of 5311 Avenue North; and d) Economic considerations alone did not constitute practical difficulties in this particular case. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Application No. 2017006, submitted by the Economic Development Authority of Brooklyn Center, and requesting a variance for a ten (10) foot corner yard setback, is hereby approved, subject the following conditions: No major modifications or expansions to the proposed single-family house will be permitted, except those illustrated on the submitted plans, and as considered exclusively under the submitted variance application request. Any deviation or modification to the submitted plans that do not meet the provisions of the City Zoning Ordinance or that result in an additional change to the requested corner yard setback variance will require separate consideration and approval; and 2. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. September 25, 2017 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member April Graves and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Marquita Butler, April Graves, Kris Lawrence-Anderson, Dan Ryan and the following voted against the same: none whereupon said resolution was declared duly passed and adopted.