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HomeMy WebLinkAboutPC80042 - 10/9/80 - 7211 West River RoadPLANNING COMMISSION FILE CHECKLIST File Purge Date: 1z/ZIg5 FILE INFORMATION Planning Commission Application Number: 80042 PROPERTY INFORMATION Zoning: PLAN REFERENCE Note: If a plan was found in the file during the purge process, it was pulled for consolidation of all plans. Identified below are the types of plans, if any, that were consolidated. • Site Plans • Building Plans • Other: FILE REFERENCE Note: The following documents were purged when this project file became inactive. We have recorded the information necessary to retrieve the documents. Document Tyge Date Range Location Agendas: Planning Commission Office Minutes: Planning Commission Minutes: City Council Document Type Resolutions: Planning Commission Resolutions: City Council 1619180 - City Vault appl ica i6n W 14-hdV-0V4h City Vault Number Location City Vault City Vault Ordinances: City Council City Vault PLANNING C010MISSI011 1Ui1111M4 A1,11LIM110H Application ication No. 80042 ...._. _�, Please ;Tint Cle.-H,, or Type Street Locat;on of Property 7211 West- FTiver Rd (Request for 7221 West River Rd) Legal Dc�cription of Property That part of Lot 30 lying East of the West 500.00 feet as measured on the North and South lines thereof,all in AudiEorg 5ubdivision No.309,Fr6nnepin oun y, innesota -"_ 0%,,ner Robert J.Ryan and Linda S Ryan Address 12329 Timber Lane MAple Grove,minn 55369 Phone 425-0295 291-0067-_A Applicant Donald C Scott 3925 Excelsior Blvd St.Louis Park,minn 65416 Address Type of Request: Rezo^inq xxx Variance 926 8900 Phone No. Subdivision Approval -Site & Klcg. Pear} Appi' oval Special Use Permit Other: Description of Reques-t: To permit building a 4 unit building on lot 92,82 frontage by-283 approx' as per accompanying preliminary survey (we would prefer approval of 80 by 283 as a separate lato or whatever might be recommended by planning commission. fez s 15.00 54244 �(9-25-80) -� AE-CetNG IN0. r-r�.old. 11ppi Icr%.ntrliiUl-& September 24,1980 PLANNING C01,11 ? SS i!;;'; P.ECC'4i°i':1,MAT T C1i4 Dates of P.C. Consideration: -- -- A.,..t—ved D_iied this day of _ 10, ._,� subject ::o the follo,r- ing cond."--ions. 3 i I �•' .�/ \' VTR a i r•t,:a n ----------------------------------------------------- CITY COUNCIL ACTION Dates of Council Corlsid4raticn: Anprov -J - - I'll IN,l 1S Denied this dey of 19 With the f of l ov i r. j r C [1'y or r'i.,O )Ia.yi�i cui rr'I;, ri r�;i;r_sa rn G301 Shingle Creek Parkway 55430 AND REQUIREMENTS 'FOR M.ING APPLICATION FOR SITr. 11i;D LUILDING PLAN APPROVAL r'1'17r tU til.:t;ii;;$;li)n of all application for' plan review and al-"proval, pi'Cspectivo applicants inforinaiioaal n::.ruing with the Planning staff to discuss PI'Olirllnary plans Oild to :Decal-,c fa,miIiarized 1tilCil applicablE, ni'dillance and pol icy hr'oviiivns. Throe () copies of the folle,;ing doCUMNO;lts and information .;illll be at 101st 14 t!•,vs p J, to th(: date of tilt'. rejllal' %o(r,liSSioll fll;'ctinq, concurrent with filing ^t e .pplichtit .7..!JC:i docu' ants must be consistent with ordinance and policy provisions before an may be acc�?pted) : 1. A certified site survey draaing by a registered engineer or land surveyor snowing pertinent Existing condition, accurately dimensioned. 2.* An accurately scaled and dimensioned site plan indicating: a) parking layouts including access provisions; b) dasignations and locations of accessory buildings; c) fences, walls or other screening, including heights arid type of material; d) outde lighting provisions, type and location; e) Curbing. 3. A 1?ridscape plan showing areas to be sodded or seeded; location, size and species of trees and shrubbery. 4.* BuIlrlirg floor plan_, elevations, sections ani specifications, including rnateriais proposed 5.0 ....tom. `vg and prnpc!^ ,'d land �leyc'tlon s, drainage provisions, and utility provisions. G . Ad t l ona 1 drawings, plans or information deemed tic-cessary by the Secretary Must be rcpcjred by a regiszered architect or person registered with the State Board of Ragis4yaVan for Architects, Engineers and land Surveyors, and said drawings plans shall be so ccr tiffed. MTE: Upon approval of plans by the Council and prior to issuance of perlaits, a Perforwance Agreement s ve site n,, arc., n e - financial guarantee. > > n t. r'�;�� �_��.�,.. :i. �.�� %.p}a�r�:.. ..�i i ;�.JrrJ..:.ent, and a supporting finGnc al in an �.r�.cult�. to be determined by toe City,'a e required. Acceptable financial instrurrents include cash escral certificate of der,on . t; ar,d -p! ,-formance .bored Copies of the Zoning" Ordinance may be obtained from the Administrative Office. Q: stior.s :-.hould be dire. -Lod to the Department of Planning and Inspection.. 0,�i ,'orin iJ. 19 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center,minnesota Gentlemen; September 24,1980 Relating to request for variance for Lot Frontage for four unit building at 7221 W River Rd. We would like to make the following statements: a.we now have a small (920 sq.ft.) home on a huge 56,700 sq.ft. lot. Built in 1949,when the area was f36lds and gardens,prior to R 4 zoning. Home presently lends itself only to a small family or older couple who cant take care of the extra lot resulting in neglect,or won't purchase it because of too much land. b.The attached double garage (stucco with stone facing) keeps the surveyor from separating a 100 foot frontage lot,although the other requirements for a 4 unit (14,400 Sq.Ft.) are exceeded. We have 26,303 sq.ft.as surveyed. c.Neither the persons now in title,Robert and Linda Ryan,who have owned it for four years,nor the builders and former owners for 27 years,created the hardships,becasse the home was built prior to present zoning. They were not aware that the area would be surrounded by apartments,multiple units, and townhouses. d.When the variance is granted,the resulting four unit will have the required setbacks,front and sides,with 2 double garages,a turnaround,will keep the tall trees,and be the highest and best use of the land. Z ctfully u d, Donald C.Scott,Agent for the owners Planning Commission Information Sheet Application No. 80042 Applicant: Donald C. Scott Location: 7211 West River Road Request: Variance The applicant requests a variance from Section 35-400 of the Zoning Ordinance in order to subdivide off a lot 92.82 feet in width from an existing parcel 206.4 feet wide rather than the required 100 feet. The property in question is zoned R4 and is bounded by West River Road on the east, a 100' wide R4 lot occupied by a single-family dwelling on the north and by Evergreen Park Apartments on the west and south. There presently exists a single-family home on the subject property. The facts of the case are numerous and are laid out below. Physical Circumstances 1. The existing lot is roughly 206' x 287' and 57,715 sq. ft. in area. The applicant wishes to divide the lot into a 92.82' wide lot, (26,303 sq. ft. in area),for a four-plex and a 113.8' wide lot (31,412 sq. ft. in area) for the existing house. 2. The existing house is set 101.2' back from West River Road, approximately 52' from the south side property line; and the attached double garage is 5 feet south of the proposed lot line. A blacktop turnaround serving the existing dwelling would encroach approximately 12 feet into the new lot. Overhead wires to the house cross the new lot. 3. A second garage to the rear of the house straddles the proposed property line and will be razed. 4. The lot to the north is 100' wide, the ordinance requirement for lots in the R4 zone. Historical Circumstances 1. The existing lot has a metes and bounds legal description as part of Auditor's Subdivision No. 309. The house was built in 1949 and the garage in 1968-69. 2. The land in question was zoned R4 in 1972 as the last in a number of rezonings of land in that vicinity to R4. The property owner at the time did not initiate, but did acquiesce in, the rezoning. 3. The Minnesota Department of Transportation has for many years been studying the upgrading of West River Road and the expan- sion of the right-of-way is likely to be to the west of the existing roadway. The property in question, therefore, is very likely to be purchased someday for highway purposes. 4. The applicant wishes to pur a four-plex on the newly created lot. 10-9-80 -1- Application No. 80042 continued Zoning Considerations_ 1. The house at 7211 West River Road is a nonconforming use in the R4 zone. The house may undergo alterations or additions in spite of this status as provided by Section 35-111:3. 2. The permitted uses in the R4 zone include multiple -family dwellings of one and one-half to two stories in height and, among other things, R3 uses, provided such uses adhere to the district requirements of the R3 district. 3. The maximum allowable density of the proposed property under R4 district requirements is six (6) units. The maximum allowable density under R3 district requirements is five (5) units, with tuck -under garage credit six (6) units. The applicant has submitted a letter (attached) in which he argues that the variance is justified because: a. The house was built before the R4 zoning applied to the property. The property is too large for a single-family use. b. Although the existing garage prevents the creation of a 100' lot, the density requirement for a four-plex is met. c. The present circumstances was not created by persons who had knowledge of the future R4 district requirements when they established those conditions. d. The proposed structure will have the required setbacks and a turnaround in the driveway. The essential question before the Planning Commission is whether the applicant is entitled to a variance from the lot width requirement of the Zoning Ordinance in platting a new lot because of the location of a structure on the property which was built before the current standards were applicable. We are unable to find any precedent of a variance granted on lot size since the adoption of the current Zoning Ordinance (1968) in which the circumstances re- quiring the variance are related to structures rather than to land boundaries (the latter was the circumstance with David Larson (Application No. 80003). Furthermore, it is staff's opinion that the Standards for a Variance are not all met in this particular case. Regarding the Standards for Variances (attached) we would offer the following comments: 1. While there are circumstances which make it impossible, without the granting of a variance, to make use of the property in some ways permitted by the current zoning, there are uses (townhouses) which can be placed on the available property without violating ordinance standards. Moreover, almost the same number of units can be built in an R3 development as in an R4 development. 10-9-80 -2- Application No. 80042 continued 2. The conditions upon which the application is based are not especially unique. There are a number of parcels in the City (along Brooklyn Boulevard and in the Southwest Neighborhood) which are zoned R4 or R5 and are presently occupied by a single family residence. Some of these lots are large and some are quite small. There is nothing about the particular size of this lot or the placement of structures thereon that makes it unique from a.zoning.lstandpoint. 3. The alleged hardship is related to the requirements of the ordinance and has not been created knowingly by those presently or formerly having an interest in the parcel. Although the rezoning action that established the R4 zoning was initiated by the City, the property owner was aware and did not object. Also, however, there is no ultimate hardship since other uses can be pursued. 4. Obviously, an R4 use would not be detrimental to surrounding property since that is the zoning applied to the property. However, the granting of a lot width variance which is not necessary to preserve a substantial property right of the petitioner woul& tend to undermine the requirements of the Zoning Ordinance which protect all properties. Based on these considerations, denial of the application is recommended on the grounds that the Standards for a Variance are not all met. 10-9-80 -3- I NIMME-M HIM, il rul T r V.wAvi ■■_ t or r_ I --- -- RIVER wEST.