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Home My WebLink AboutPC63008 - 5/2/63 - 3905-09 & 3911-15 52nd AvePLANNING COMMISSION FILE CHECKLIST File Purge Date: 10/25/g5 FILE INFORMATION Planning Commission Application Number: GS�GoB 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 Type Date Range Location Agendas: Planning Commission Office Minutes: Planning Commission 3/7/4�3 -,,b1C-d City Vault Minutes: City Council City Vault Document Type Number Location Resolutions: Planning Commission City Vault Resolutions: City Council City Vault Ordinances: City Council City Vault VILLAGE OF BROOKLYN CENTER Zoning Annlication # 63008 Street Location of Property a2o-n9 and 3911-15 - 52nd Avenue North Legal Description of Property W 25' of Lot 3 & E 126' of Lot 4, Block 5, Twin Lake Woods Owner: Name Douglas Uzzell Address 4100 - 51st Avenue North Applicant: Name Address Phone KE 1-1195 Type of Request: _______Rezoning x Special Use Permit Variance Subdivision Approval Other Description of Request Special Use Permit to construct 2 double bungalows Reason for Request NOTE - Sketch of proposed property and to be drawn on back of this form attached. Fee: $ 5.00 $13692 Pl. Comm. Postponement structu or .r{plicarrt�0 ' 2-25-63 (Date) ons of Village Officials Any official making any comments show' sign and date. Use additional sheet comments if necessary attach hereto. Motion by Henry Dorff and seconded'* Howard Heck to dent 'awpplication . ..Y.:.:_ #63.008 as -submitted by Douglas Uzzell for a Special Use Permit to construct t. two double .bm*aiows on Lots 3 and 4, Block 5, Twin Take Woods Addition. Phil Cohen, Gordon Erickson, Henry Dorff and Howard $eck voting in favor of the motion. Member John Leary voting .against the . .Motion carried. (To Be Filled in By Planning Commission) PLANNING COftiJAIISSION RECOMIENDATIONS On the I day of YYt19�0 3, the action requested in the foregoing petition was approved ) Wisapproved ( ) subject to the following conditions: 3h��3 Chairman COUNCIL RECC@dIl: - NDATI Approved �Denied�by the Council this __42day of 7AM-X'- 19-L3 Approved with following amendment. VILLAGE OF BROOKLYN CRT-71 7, Zoning �Applaeatioxs LY'a Sheet Stree'u Location of Property 3905~ Q9 and � s Legal Oes(,-rIption of Property 1 2.5' of Loot 3 & E 12W of lot 4Blocs :5 T.:; Name oullas U Ae 1 Address 4100 51 Avenue Wort Addxess� re No, ME 7 •1 t 9-5 Name Sarre ......�Y.�..___.a. Rezoning Variance — X Special Use Permit Subdivision Approval. _-- Other Oesf ription of Request Special Use Permit to 2o��struct w double bungalows. Th; a P -Rion was fabled March-7, 19630 Reason for Request Engineers 2emarksNo Comment Sul .r3tasg 11,ispectors Remarks No Comment Applicants Sketch *Filed 1 Agenda Sketch A .tached ]DES Seger Available Water Available +tree , Access ICES NO -YES NOTE; Sketch of proposed property and structure to be drawn on back of -LIMs form of attached, FEE ��_,. ;i�113692 Applicant.,_ Uowglas Uzzgl I��_ VILLAGE OF BROOKLYN CENTER Zoning Application Dale Sheet Application Nor_ IQO Street Location of Property 3905--09 and 3931-15 - 52nd Avenue North Legal Description of Property Q of .ot 3 & E126' of Lot 4 Block 5 Twin LaM woods Diner: Name I--uaI., s. Ajel -_, Address 41QQ -« 51sj.„Ayepue North „- Phone Applicant° name Sage Address Sgme No, KE 7--1195 Type of Request: —Rezoning Variance Ir Special Use Permit Subdivision Approval Description of Request Special Use Permit to construct two Double Bungalows Reason for Request: Engineers Remarks: It is important that drainage, and soil conditions be considered, Building Inspectors Remarks:Rec� ommend approval bW reason of piling most likely required and expense involved would not be feasible for single family dwelling Applicants Sketch Filed _ _ Agenda Sketch Attached Yes Sewer Available YES Water Available No Street Access Yes NOTE: Sketch of proposed property and structure to be drawn on Back of this fore of attached, Applicant: ! as UZ3 Date • 2-25-63 ,j Q. LU r 2 LQ r3 CD 1 3Fiz 1 3,f06 AVEAlUE 39.zs' 39i9 i 340 / *00/ "J I I f 1 vl^ c��., OAK sTREE7- LINDQUIST, FRASER & MAGNUSON ATTORNEYS AT LAW r;� LEONARD E. LINDQUIST - GERALD E.MAGNUSON 1 W ILLIAM E,FOX EUGENE H.KEATING {{ RICHARD E. WETHERALL RICHARD E.KOSSOW ARLEN C. CHRISTENSON PHILIP J.ORTHUN MACLAY R. HYDE Planning Commission Village of Brooklyn Center 7100 Osseo Road Minneapolis 29, Minnesota Gentlemen: MIDLAND BANK BUILDING MINNEAPOLIS I, MINNESOTA PHONE FEDERAL 2-6431 March 22, 1963 The Planning Commission, at its meeting of March 7, 1963, requested an opinion from this office on the following questions: 1. Can an owner of platted property be required to provide drainage of a lot which has been used for years as an area sump when he wishes to fill part of the lot and build a residence thereon? 2. What responsibility for contributing to the cost of drainage may have accrued to the adjacent property owners due to the fact that part of their surface water discharges into this sump area? The water contained in this sump area may, I presume, be considered sur- face water. The common law rule with respect to surface water is that surface water is a common enemy which each owner may dispose of as best he can. This rule is modified in Minnesota by the limitation that a property owner may not unnecessarily or unreasonably injure his neighbor. The general approach the Courts take in applying this concept is to compare the benefit derived from the disposal of the surface water with the injury to the adjoining property owners. In other words, the owner of property is legally privileged to make a reasonable use of his land even though the sur- face water may be diverted causing some harm to others. He is only liable for damages when he acts unreasonably. In addition, I know of no rule of law which requires a man to maintain his property as a swamp to provide a drainage basin for the surrounding property owners. Planning Commission March 22, 1963 Page Two If this property owner were to construct a single family dwelling on this lot, he would have a right to fill the lot and construct the building with- out any special permit or authorization. I understand, however, that the owner has applied for a Special Use Permit to construct a duplex. This raises the question of whether the Village may require him to provide drainage as a condition of permit. In my opinion, the conditions which may be attached to the issuance of a Special Use Permit are conditions which will ameliorate the disadvantages inherent in the special use. These are such things as screening of parking lots, green strips and the like. In this case, however, the disadvantages, loss of a sump area and increase in surface water, would also result from the permitted use of the property —a single family dwelling. I do not think, therefore, that conditioning the Special Use Permit on providing drainage involving substantial cost would be reasonable. The adjoining property owners have the same responsibility respecting drainage as all residents of the Village. If a drainage problem requires construction of sewer facilities, the Village may proceed with the normal public improvement proceedings. In this manner, by holding hearings, the facility may be constructed and the cost assessed to the benefited property owners. Very truly yours, Arlen C. Christenson ACC/jmp 3850 Oak St. North Brooklyn Center 29, Minn. March 4th , 1963 Brooklyn Center Planning Commission 7100 Osseo Road In regard to the rezoning to Special Use Fermits of the lots on 52nd Ave. North near Greatview Ave. to two double bungalows. Due to a prior engagement I will be unable to attend the hearing on March 7 th. Y7 main concern on these lots is the problem of drainage. If this requires a new storm sewer that will be assessed anainst the entire neighborhood I wish to register my, No to this rezoning. If these lots are filled, water will run into the basements of other houses on Oak Street. I an also concerned about the effect a Storm Drain might have on the water level of Twin Lake. Your truly Carl t?. Sharp MAR 6 1968 BROOKLYN CENTER