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Home My WebLink AboutPC81026 - 5/7/81 - 3400 Woodbine LanePLANNING CONEMSSION FILE CHECKLIST 1-�rl File Purge Date:..9.� FILE INFORMATION Planning Commission Application No. 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 ✓ tcPsfairs �i'�a • 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 Type Date Range Location Agenda Cover Sheet: Planning Commission Agenda Book Minutes: Planning Commission Minutes: City Council Resolutions: Planning Commission Resolutions: City Council Ordinances: City Council City Vault City Vault City Vault City Vault City Vault Historical Photographs: Planning Commission City Archieve PLANNING CONKMISSION ZONING APPLICATION Application No. 81026 Please Pr; nt car TL:L, e Cle{.ir_ Ly- Street Location of Property_ 3400 Woodbine Lane North Legal. Description of Property Palmer Lake 2nd Addition Lot 1 Block i Chgner Warren R. Anderson Address 3400 Woodbine Lane North Phone No. 561-5774 Applicant-.r.._..__,___(Same) Address Hype of Request: Rezoning X Variance Phone No. Subdivision Approval Site & Bldg. Plan Approval Special Use Permit Other: Description of Request: See Attached Request. Pee $ 15.00 - Receipt No. 55657 /� Via- ��' zev�� ApVejAcKni," s Signature n 4- PLANNING COMMISSION RECOMENDATION Dates of P.C. Consideration: ,Approved Denied this day of . . ......... 19 �, subject to the following conditions: CITY COUNCIL ACTION Dates of Council Consideration: Approved Denied this ,� � day of 197/, with the 7.. following amendmo-nt•_ .._ _ �. -... CIurk x�f:� Form No. 3.11 (over P'S�� asc) CI`i'Y OF' BROOKLYN CENTER, R, M NNESOTA 6301 Shingle Creep Par,,,way 55430 PIZGCEEDURLS AND REQUIRIME.NTS FOR PILING APPLICATION FOR SI1'E AND .BUILDING PI. iN APPROVAL Prior to submission of an application for, plan review and approval, prospective applicants should arrange an informational meeting with the Planning Staff to &.scuss preliminary plans and to become familiarized with applicable ordinance aiwt poi.`�cy provisions. T:1ree (3) copies of the following documents and information shall be submitted, at ieast 14 days prior to the date of the regular Commission meeting, concurrent L 4,2 Liiinq the application (required documents must be consistent with ordi- nance and policy provisions before an application may be accepted): 1. A certified site survey drawing by a registered engineer or land surveyor showing pertinent existing condition, accurately dimensioned. 2.* An accurately scaled and dimensioned site plan indicating:.." a) parking layouts including access provisions;- b) designations and locations of accessory buildings; - c) fences, walls or other screening, including heights and type of material.; d) outside lighting provisions, type and location; e) curbing. 3.*.A Landscape plan showing areas to be sodded or seeded; location, size and species of trees and shrubbery. 4.* B ilding floor plans, elevations, sections and specifications, including materials proposed. 5.* Existing and proposed land elevations, drainage provisions, and utility Provisions, 6. Additional drawingsr plans or information deemed necessary by the Secretary.. Must- be prepared by a registered architect or person registered with the State ^oA.rd of Regis ;.ration for Architects, Engineers and Land Surveyors, and said ; :ca,:;ings/plans shall be so certified. GTE: Upon approval of plans by the Council and prior to issuance: of permits, a. Performance Agreement as to approved site improvements and a supporting finan- cial gularantee, in an amount to be determined by the City, are required. Accept- able financial instruments include cash escrow; certificate of deposit; and performance bond. Copies of the Zoning Ordinance may be obtained from the Administrative Office. Questions should be directed to the Planning and Inspection Department. P/I. Form No. 19 DESCRIPTION OF R U' LST Addition of six(6) feet on Last end of Building which is located on corner of intersection of Wood- bine Lane North and West Palmer Lake Drive, causing less than normal setback from property ling. Note that entrance change from East end of build- ing to North end of puilding, eiiminating major personal traffic flow. Request made upon c.)nditions listed in standards ana procedures for zoning ordinance variances, which are unique to this parcel of land for which varierr e is sought and not conuncn, generally to other property within same zoning classification and also would not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the aarcel of land is located. Respectfull submitted, Warren R. Anderson 3409 Wooabine Lane No. Brooklyn Center illn 55429 - � H.' .1SC LLIj•� tI l y 1 " s�i •tt ��~� R\l�'.��i�`I S a ., &.,J SS` r r F� �� r`�tt�}fi.Vs�r.'.r'�I�b'`'�1«i'^�� ":�,i,�,, '�j�,'�7"i. lj�«; •'�:'Vw»'.r`•�'r•.•`1w ANti � • .�y ��. /�, • a ��,r may, i �- ar 1T ' .`a�W+r:�s•`"#$rk•'pt'+�j(p�1q�6,6.5iNM.:k+ Planning Commission Information Sheet Application No. 81026 Applicant: Warren R. Anderson Location: 3400 Woodbine Lane Request: Variance The applicant requests a variance from Section 35-400 of the City's Zoning Ordinance to allow a 20' side corner setback from West Palmer Lake Drive rather than the 25' required. The property in question is located at the northwest corner of West Palmer Lake Drive and Woodbine Lane and is surrounded by -a single 'family home on the west and park land on the north and West Palmer Lake Nark that lies easterly of Palmer Lake Drive. The dimensions of this somewhat pia -shaped lot are 77.91' along the front, 69' along the rear and roughly 140' in depth. The lot is, there- fore, substandard as to width. The property is zoned R1. Variances may be granted from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique and distinctive to the individual property under consideration. A variance may be granted only after demonstration by evidence that all of the following four qualifications are met: First, because of the particular physical surroundings, shape or topographical conditions of the parcel involved a particular hardship, as opposed to a mere inconvenience, would result if the strict letter of the regulations were carried out; Second, the conditions upon which the variance request is based are unique to the parcel of land and are not common generally to other property within the same zoning classification; Third, the hardship is related to the requirements of this ordinance and not created by persons presently or formerly having an interest in the parcel of land; and Fourth, the granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. (See Section 35-240, Subdivision 2, Standards for Variances, attached). The applicant has submitted a brief letter (attached) in which he asserts that the Standards for a Variance are met in 1) that the property is unique, and 2) the variance would not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. Staff would disagree with the applicant's assertions on all counts. The property is by no means unique in that there are numerous corner lots within Brooklyn Center which are less than 90' in width. The requirement that corner lots be 90' in width was not adopted until 1968, while the requirement for a 25' side corner setback was adopted in 1957. Therefore, many corner lots were created between 1957 and 1968 which were not more than 75' in width and still subject to a 25' side corner yard setback. Moreover, to grant such a variance would so weaken the Zoning Ordinance, by leaving a precedent for numerous similar variances, that the public welfare would ultimately be damaged. The applicant has made no con- tention that a hardship would result if the variance were denied. Failure to meet this standard (hardship), by itself is grounds for denial according to Section 35-240, Subdivision 2. It should be emphasized that all of the standards must be met in order to recommend the granting of a variance. 5-7-81 Application No. 81026 continued The Planning Commission should also be aware that the Zoning Ordinance does provide, under Section 35-400, footnote (2), that dwellings and permitted accessory structures may be constructed to within 15' of the side corner property line of a lot which was of legal record prior to December 19, 1957 (the date upon which the 1957 Zoning Ordinance became effective). The lot in question is part of Palmer Lake Terrace 2nd Addition which was filed at the County in July 1958. This lot, therefore, is not eligible under the Ordinance, for a side corner setback less that 25 feet. It should also be pointed out that this application is almost identical to Appli- cation No. 78047, a 1978 variance request from the same provision of the Zoning Ordinance. There wasextensive discussion at that time regarding the possibility of allowing substandard corner lots created after the above mentioned date to have a 15' side corner setback. The Commission in that case unanimously recommended that the 25 ft. side corner setback should be maintained for all corner lots created after December 19, 1957 and that the application did not meet the standards for variance. The Commission also recommended no ordinance amendment. That appli- cation was ultimately denied by the City Council. If the Planning Commission feels there is merit in further review to allow the same side corner setbacks to corner lots of record prior to the effective date of the 1968 Zoning Ordinance, the staff would recommend consideration be given to an ordinance amendment rather than to accommodate the applicant by the granting of a variance. In light of the above considerations,it is recommended that the variance request be denied on the grounds that the Standards for a Variance, particularly with respect to uniqueness and hardship, are not met. 5-7-81 -2- APPLICATION NO. 81026