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Home My WebLink AboutPC82046 - 12/9/82 - 910 55th AvePLANNING COMMISSION FILE CHECKLIST File Purge Date: FILE INFORMATION Planning Commission Application Number: q6 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 �� City Vault Minutes: City Council 0 City Vault L-tIas15�3 Document Type Number Location Resolutions: Planning Commission City Vault Resolutions: City Council City Vault Ordinances: City Council City Vault �:i_l1' cil" )t r'i,ANNING COIF41ISSION APPLICATION Application No. 82046 Street Location of Property Please Print Clearly or Type 910 55th Avenue North Legal Description of Property_The South half of the East half of Lot 45, Garcelon's Addition to Minneapolis, Hennepin County, Minnesota. Owner Glen Marsh Real Estate Investments Address P.O. Box 35469, Minneapolis, MN 55435 Phone No. 927-1100 Applicant Same as above. Address Phone No. Type of Request: Rezoning X Subdivision Approval X Variance Site & Bldg. Plan Approval Special Use Permit Other: Description of Request: Preliminary plat approval and a variance from the Zoning Ordinance and Subdivision Ordinance to allow the platting of two lots substandard only in width. 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 obi 10 to a costs incurred +vh 6lE t MARSH - rrvr to wl ;,.:drav:al . -_- 11Mt MTAT( �6 OMVWfT IPA Ox �N !M}Nill1POLM 115, MN 5541° /Iv Fee $ 110.00 Applicant' s Sienai�; Receipt No. 61270 Date: ut PLANNING COMMISSION RECOMMENDATION Dates of P X . Consideration:z- Approved 1" Denied this day or'Q-ei 19�?i subject to the fnl:nwinn r^nrditinnc Dates of Council Consideration: Approved '?�- Denied amendment: CITY COUNCIL ACTION this -?,6 day of /_ i �� 19 with the following - L10 P/I Form No. 18 (over please) Planning Commission Information Sheet Application No. 82046 Applicant: Glen Marsh Real Estate Investments Location: 910 - 55th Avenue North Request: Preliminary Plat, Variance The applicant requests preliminary plat approval and a variance from the lot width requirement to subdivide into two lots the property at the northwest corner of 55th Avenue North and Bryant Avenue North. The property is zoned R1 and is bounded by Bryant Avenue North on the east, by 55th Avenue North on the south, and by single- family homes on the west and north. The property is presently described as the South half of the East half of Lot 45, Garcelon's Addition to Minneapolis. The proposed legal description is Lots 1 and 2, Block 1, Mae H. Lent Addition. Planning Commission Information Sheet Application No. 82046 Applicant: Glen Marsh Real Estate Investments Location: 910 - 55th Avenue North Request: Preliminary Plat, Variance The applicant requests preliminary plat approval and a variance requirement to sub- divide into two lots the property at the northwest corner of 55th Avenue North and Bryant Avenue North. The property is zoned R1 and is bounded by Bryant Avenue North on the east, by 55th Avenue North on the south, and by single-family homes on the west and north. The property is presently described as the South half of the East half of Lot 45, Garcelon's Addition to Minneapolis. The proposed legal description is Lots l and 2, Block 1, Mae H. Lent Addition. The dimensions of the existing lot are approximately 135' x 150' (150' along Bryant Avenue North). The proposed subdivision would create Lot 1, 70.26' wide and 135.55' deep, 9,520 sq. ft. in area; and Lot 2, a corner lot, 79' wide by 135.55' deep and 10,708 sq. ft. in area. Both lots would be substandard as to width, but would meet the area and depth requirements for an interior and a corner lot respectively. The variance request is, therefore, for 4.74' in width on the interior lot and for 11' on the corner lot. The proposed Lot 2 (corner lot) is currently occupied by a two -storey single-family home and attached one -car garage. These structures will meet setback requirements on the newly created lot. On the proposed Lot 1 (interior lot) is a one -storey out- building which has not been occupied for many years and which the Building Official believes cannot be brought up to current code. It is his recommendation that any plat or variance approval be conditioned on the removal of the structure from the premises. The applicant's representative has submitted a letter addressing the Standards for a Variance from the Subdivision Ordinance (letter and standards attached). The letter explains that the dimensions of the lot came about as a result of the under- lying subdivision of the property, Garcelon's Addition to Minneapolis, which was filed in 1888. That subdivision divided the land in that area into 298' wide lots which were later split into 149' wide lots. The letter also argues that the granting of the variance will not be detrimental to the public welfare or injurious to other property in the neighborhood because: a) The number of persons to reside in the proposed subdivision will not change. b) The development would have little, if any, effect on traffic. c) The proposed use of land will not change. d) The approval will allow the existing structure to be upgraded to current City code standards or to be removed so that a new home can be built on proposed Lot 1. Finally, the letter notes that the proposed variance is not inconsistent with other variances which have been granted for subdivisions in the Southeast Neighborhood. Under the City's Subdivision Ordinance, the Council may authorize a variance from these regulations when in its opinion, undue hardship may result from strict com- pliance. In granting any variance the Council shall prescribe only conditions that it deems necessary to or desirable for the public interest. 12-9-82 -1- Application No. 82046 continued In making its findings, the Planning Commission should taken into account the nature of the proposed use of land, the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. To grant a variance, the Council shall find: 1. That there are special circumstances or conditions affecting said property such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of his land. 2. That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner. 3. That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated. The application is also a variance from Section 35-400 of the Zoning Ordinance and is subject to the standards set forth in Section 35-240. The practise of the City in the past regarding subdivision variances has been: 1) The variance(s) have been minimized to the maximum extent possible. 2) There is no excess land available on adjacent lots to meet the strict letter of the ordinance. 3) The proposed lot or lots meet at least two of the requirements for lot width, depth, and area, especially lot area. Staff feel that the variance in question meets the standards for a Subdivision variance and the standards for a Zoning Ordinance variance and all three of the criteria generally met by similar variances in the past. We, therefore, recommend approval of the variance and the subdivision. However, staff also recommend that the approval of this application be subject to removal of the structure existing on Lot 1. The structure is in a deteriorated condition and has been posted by the Building Official as unsafe for human occupancy. Moreover, the Building Official has indicated that compliance with current codes would be very difficult, if not impossible. We believe it would be inappropriate to give final authorization for the lot division as long as the substandard structure remains on the property. Another matter of concern is the existence of a concrete patio slab behind the garage of the house at 910 - 55th Avenue North which extends over the proposed property line separating Lots 1 and 2. This constitutes an accessory structure of sorts and should meet setbacks from the new property line before the division is finalized. Finally, there is a shed located on the west (rear) property line of Lot 1, near the northwest corner of the lot. This structure should either be removed completely or relocated to meet proper setbacks prior to final approval of the subdivision. Based on the foregoing, Application No. 82046 is recommended for approval based on the following reasons and subject to the following conditions: 12-9-82 -2- v • Application No. 82046 continued Reasons for Variance: 1. The lot width variance has been minimized to the maximum extent possible. 2. There is no excess land available on adjacent lots to further reduce or eliminate the need for a variance. 3. The proposed lots meet ordinance requirements for lot depth and lot area. 4. The variance is necessary to allow the petitioner to make reasonable use of the land parcel that presently exists. 5. Granting the variance will not be detrimental to the public welfare or injurious to other property in the neighborhood. Conditions of Plat Approval: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The existing shack on Lot 1 shall be removed from the premises prior to final plat approval. 4. The existing concrete patio slab which extends over the property line between Lot 1 and Lot 2 shall be removed or reduced to meet setback requirements for accessory structures prior to final plat approval. 5. The accessory shed near the northwest corner of Lot 1 shall be removed or relocated to meet setback requirements for accessory structures prior to final plat approval. 12-9-82 -3- X BROWN SCHOOL 0 CHOO 5 9 TH N A cc _j L J ALOE N _j L-J ----- -- L T 57'TH i !N. — — -------- fi 7z -.A w Ld LIJ UJ (5 < < < L1LJ _C3 0 0 cr_ < C0 1w UJ s 94) 7D 0 (D_ U_ 1�j 0 j _t APPLICATION NO. of-046 V --- - ------- - _T1 j� 3r