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HomeMy WebLinkAboutPC83018 - 4/28/83 - 4821 Xerxes AveLei I'llN l G COI 'l I S!..) 1011 AP1 `L I CA I f 0' Application No. 1 830181 Please Print C1 earl. or T�r�e u�reet Location of Property 4821 Xerxes Avenue North Legal Description of Property___ Lot 1, Block 1, Howe, Inc. Addition _ Owner Howe, Inc. - Tcxn Howe Address 4821 Xerxes Avenue North Applicant same Address Type of Request: Rezoning x Variance Special Use Permit Description of Request: Up,rifik^ce JPM Phone No. 535-1030 Phone No. Subdivision Approval Site & Bldg. Plan Approval Other: 44% * C4-% i 4 r e s . vOV . The applicant requests processing of this application and agrees to pay to the City of Brooklyn Center, within fifteen (15) days after mailing or delivery of the billing state- ment, the actual costs incurred by the City for Engineering, Planning and Legal expenses reasonably and necessarily required by the City for the processing of the application. Such costs shall be in addition to the application fee described herein. Withdrawal of the application shall not relieve the applicant of the obligation to pay costs incurred prior to withdrawal. Fee $ 50.00 _- Appl i cants Signature Receipt No. 60537 Date: PLANNING COMMISSION RECOMMENDATION V Dates of P.C. Consideration: 1- Z -� `5 3 Approved k Denied following conditions: this 0-7( day of PC CITY COUNCIL_ ACTION 19 ?3 , subject to the Dates of Council Consideration: Approved Denied _ this day of 4L 19 4----� with the following r amendment: P;l Farm No. 18 (over please) Planning Commission Information Sheet Application No. 83018 Applicant: Howe, Inc. Location: 4821 Xerxes Avenue North Request: Variance The applicant requests a variance from Section 35-700 of the Zoning Ordinance to allow a greenstrip less than the 15' required by ordinance from the westerly right- of-way line of Brooklyn Boulevard. As the Commission is probably aware, the land in question is presently part of Brooklyn Boulevard right-of-way, south of 49th Avenue North, and north and east of the Howe site. The land was acquired by MN/DOT in 1972 because of construction of a bridge over the Soo Line tracks and to provide access to Howe. The Minnesota Department of Transportation wishes to turn back this excess right-of-way to Howe as a means of paying damages resulting from the changes in access to the Howe site. The Commission may also recall that Howe's request to use this land area for parking was determined not to be an expansion of a nonconforming use, subject to Howe, Inc. entering into an agreement with the City stipulating that the resulting parking area will not be the basis for an expansion of the business. This agreement has been drafted and must be signed and executed prior to approval of any site plan proposing the additional parking. The applicant has submitted a letter (copy attached) in which he addresses the Standards for a Variance. He argues that the land conditions - the excess right- of-way for the roadway, the fact that only 8 parking spaces could be installed without the variance - create a hardship for Howe, Inc. if it is to accept the land in return for previous damages. He states that the situation is unique because the land is being given back to a private owner after being taken through condemnation. He also notes the topography surrounding the parcel and the fact that an additional 10' of greenstrip would have no real aesthetic benefit. The applicant points out that the hardship is clearly created by the Highway Department which acquired the excess right-of-way for the bridge over the Soo Line tracks in 1972. Finally, the applicant states. that the variance will have no detrimental effect on surrounding property, but that the project is, in fact, welcomed by the neighborhood. The Planning Commission may recommend variance from the literal provisions of the Zoning Ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique and distinctive to the individual property under consideration (see the Standards for a Variance attached). What the Planning Commission must decide in this case is whether the use of the property in question for only 8 parking stalls rather than 14 constitutes a hardship and whether the slope of the land and the circumstances of its transfer place it in a unique category. Staff confess that the use of a half acre of land for only eight (8) parking stalls and an access drive seems under-utilized. Fourteen (14) stalls and an access drive do not seem to be so different in value. Nevertheless the desired use is not out of line for the land area involved. The chief argument of the applicant is really that an additional 10' of greenstrip will provide no public benefit to persons travelling over the bridge on Brooklyn Boulevard, but would deny him the possibility of constructing 6 more parking stalls. The situation should not be regarded as unique because of who has owned the land in the past, but on the basis of physical surroundings. The physical surroundings in this case - a greenstrip located at the bottom of a substantial slope - is somewhat unique. It is likely to occur near bridges and freeway ramps, of which there are a number in the City. Regarding Standards (c) and (d), we have no argument with the applicant's contentions. The current situation has obviously been caused by the taking of land for the construction of the bridge. And the location of the variance will have no relationship to residences in the neighborhood. 6 Application No. 83018 continued On the basis of the foregoing, it appears that the Standards for a Variance may be deemed to have been met. Approval is, therefore, recommended, subject to filing of an acceptable preliminary plat and conclusion of the agreement between Howe, Inc. and the City, stipulated under Application No. 83001. 4-28-83 -2- 11 H W INC. - FERTILIZER AND AGRICULTURAL CHEMICALS MR Ron Warren Planning Director City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center, Minn. 55430 Dear Mr. Warren, 4821 Xerxes Avenue North • Minneapolis, MN 55430 Main Office (612) 535-1030 MN WATS (800) 442-3158 OUTSTATE WATS (800) 328-8150 April 13, 1983 This letter is a request for a variance from the City's green strip requirements. The ordinance requires a green strip of 15 feet from the Highway Right of Way, which is at the toe of the slope on the overpass on Highway 152. This is approximately 22 feet from the edge of Hwy 152, The plan shows a green strip of approximately 8 feet. The variance request is a reduction of only 7 feet of green strip. The purpose of the request is to provide space for parking, and a wider turn area to approach our scale. The variance is needed to develope the parcel. BACKGROUND In 1972 the State of Minnesota Highway Department commenced the construction of the Highway bridge over the Soo Line Railroad tracks at 48th Avenue North. The bridge required a reallignment of Highway 152 and 49th Ave. North and the taking of land and the existing access - that Howe had to Highway 152. Compensation was paid to Howe for the land taken. To replace the access taken, the State acquired the fee title to the Sipe & Gray Oil Company and Minneapolis Sewing Machine Co, parcels to the north of Howe and designed an entrance road off of 49th Ave. N. Highway design guidelines required that the entrance to Howe be set back 100 feet from Highway 152 which created a clumsy entrance to Howe, Inc, and a land parcel on the corner of little use. LAND CONDITIONS CREATE HARDSHIP The Highway Department has deemed this parcel as surplus land and wishes to turn it back to Howe, Inc. However, because of the small size and configuration of the property the buffer strips and set backs, make the parcel too small for developement. The submitted plan conforms to the setbacks along 49th Ave., however it is necessary a variance is given on the east side along Highway 152. The requested variance of approximately 8 feet is small, especially considering the parking area will be 30 feet from the edge of the Highway and the slope of the overpass (sometimes 10 feet high) acts as an additional buffer. A sidewalk is already constructed and futher use of the right of way is impossible because of the slope.on the hill. If the full 15 feet setback would be required no parking could be utilized along the east side and parking would be reduced from 14 stalls to 8 stalls which is uneconomical --to develope. Chemically Combined Plant Foods — Full Line Fertilizers & Services Branch Office: 7632 Highway 101 • Shakopee, MN 55379 • (612) 445-6570 4-13-83 Mr. Ron Warren Page 2 UNIQUENESS OF PARCEL This parcel is unique because it is surplus land given back to an owner after a condemnation. It is unique -because it was taken to create an entrance to Howe, because the overpass erased our two previous entrances. This new entrance created a small parcel of land surrounded by Highways, roads and access lanes. The parcel is also unique because the area being buffered is elevated 5 to 10 feet by the Highway overpass so that any green strip would be buffering the slope of the hill. HARDSHIP NOT CREATED BY OWNER The hardship is clearly created by the Highway Department condemning property to construct the Highway overpass and entrance to Howe, Inc. The property is still owned by the state and title would not be transfered if this project is not approved. EFFECT ON OTHER PROPERTY IN NEIGHBORHOOD It is clear that the neighborhood would like to see the upgrading of this corner, because the property is placed in a no man's land where it is unkept and unattractive. The variance is along Highway 152 and does not effect the public welfare or neighborhood. There are no businesses or houses affected by the variance. Because of'the unique circumstances to this particular property, which we have outlined above and other oral arguments which may be presented at the hearing, we are asking a variance be approved as proposed. Sincerely yours, 49 Avenue J. \5 50 v _ \o _ � v Jd C t'*'"'by certify that -this is a true and correct representation of a survey of the boundaries of '�l'`-d land, and of th"e location of all buildings, thereon, and all visible errcroachments, if any, l"^.d• As surveyed h me th;, j r!w, of �;; ,_ A.D. 19P, .