Loading...
HomeMy WebLinkAbout2005-004 Inf Sh 5441 and 5445 Camden Avene North Application Filed on 2-2-05 City Council Action Should Be Taken By 4-3-05 (60 Days) Planning Commission Information Sheet Application No. 2005-004 Applicant: Mary Barrus/Gary Swenson and the Estate of Paul Fagerhaugh Location: 5441 and 5445 Camden Avene North Request: Variance Mr. Gary Swenson, on behalf of Mary Barrus/Gary Swenson (5441 Camden Avenue North) and the estate of Paul Fagerhaugh (5445 Camden Avenue North) is requesting a variance to allow a subdivision of land by metes and bounds description rather than by a formal plat. The purpose of the division is to relocate the common property line between the two properties by ten feet so that a currently shared driveway would be located totally on the Barrus/Swenson property, 5441 Camden Avenue North. The properties in question are an interior residential lot at 5441 Camden Avenue North owned by Barrus/Swenson and a corner residential lot at 5445 Camden Avenue North which is part of the estate of Paul Fagerhaugh. The two properties are zoned R-2 (One and Two Family Residence) and are located at the southwest quadrant of 55th Avenue North and Camden Avenue North. They are surrounded on the north by 55th Avenue with R-3 (Multi Family Residence- Townhomes and Garden Apartments) and R-1 (One Family Residence) zoned property on the opposite side of the street (the lot at 5501 Camden Avenue North is zoned by Robert Fagerhaugh, a relative of the late Paul Fagerhaugh); on the east by Camden Avenue North with other R-2 zoned property on the opposite side of the street; on the south by R-2 zoned property containing a single family home; and on the west by Bellvue Park. Again, the intention of the applicants as outlined in a letter from Mr. Neil Fagerhaugh (attached), who is to be appointed legal representative of Paul Fagerhaugh’s estate and trust, is to divide off a 10 ft. by 149.85 ft. portion of 5445 Camden Avenue North using a metes and bounds description, so that it can be conveyed and combined with the Barrus/Swenson property. Section 15-104 of the City Ordinances requires divisions of land to be done through a formal plat or registered land survey unless the City Council, by variance allows otherwise. Mr. Swenson has submitted a certificate of survey for the two lots showing the rectangular shaped area to be conveyed. It contains a bituminous driveway leading from a currently shared access on Camden Avenue North to the garages located in the rear yards of the two properties under consideration. A driveway easement exists authorizing the shared use and common maintenance of the driveway by the owners of the two lots. Once the division is accomplished and the 10 ft. by 149.85 ft. parcel is conveyed and attached to 5441 Camden, this easement will be extinguished. Mr. Swenson has included a copy of a three page addendum to the purchase agreement (attached), which outlines a number of things related to the agreed upon conveyance. The survey shows only one encroachment would be created by the proposed division and would have to be addressed. This is the location of the existing garage on 5445 Camden. The intent is to relocate the garage such that it will be set back properly from the newly established property line and be oriented such that a new driveway leading to 55th Avenue North can be constructed. A condition of any approval authorizing the division and conveyance is that the garage be relocated such that all setback requirements to the newly configured lot are met prior to the filing of the division with Hennepin County. The certificate of survey also shows that no lot deficiencies would be created by the proposed division and conveyance. In fact, 5441 Camden will become closer to being a standard size lot with respect to single family interior lot width within an R-2 zone. With the conveyance it will be 57.02 ft. in width and 8,498.8 sq. ft. in area. The interior lot requirements for a single family residential use in an R-2 zone are 60 ft. in width and 7,600 sq. ft. in area. The lot at 5445 Camden will be 79.03 ft. in width and 11,842.6 sq. ft. in area after the division. Single family corner lots in an R-2 zone require a minimum lot width of 75 ft. and a minimum lot area of 8,750 sq. ft. Under the City’s Subdivision Ordinance, divisions of land are to be performed by a plat or registered land survey unless the City Council, by variance, allows otherwise. Section 15-112 of the Subdivision Ordinance authorizes the Council to grant variances from their regulations, when in their opinion, undue hardship may result from strict compliance. In making its findings the City Council must take into consideration the nature of the proposed use of land, the existing use of land in the vicinity, 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 City Council must find: That there are special circumstances or conditions affecting said property such that strict application of the provisions of the ordinance would deprive the applicant of the reasonable use of his/her land. That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner. 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. It is the contention of the applicants that to require the formal platting process for this division is overly expensive, burdensome and unnecessary in that no new legal lots are being created with the division of land and that there is substantial precedent for granting similar variances. We would concur with the applicant’s comments and, in this case, we believe the standards for variance can be met. Also, there is much precedent for the granting of metes and bounds division variances in cases such as this. Such variances were quite common prior to 1978. Since that time at least seven such divisions have been approved through the variance process by the City Council. The variances that have been granted typically site the right of the property owner to divide his/her property and the hardship of bearing full platting costs to divide the property by plat. Also the division of land by metes and bounds has been allowed provided that no new buildable lots were created and that no lot or setback variances were implied and that all lot area requirements can be met. It is the staff’s opinion that the proposed metes and bounds description variance requested by the applicants appears to meet both the variance standards contained in Section 15-112 of the City Ordinances and also the City’s policy regarding the division of land by metes and bounds description. A public hearing has been scheduled and notices to surrounding property owners have been sent. RECOMMENDATION Again, it is believed that the standards for variance and the City’s policy regarding subdivisions by metes and bounds descriptions have been met in this case. Also, substantial precedent for metes and bounds division variances in cases similar to this exists. Therefore, approval of this application is recommended noting the above findings and subject to at least the following conditions: The legal descriptions and certificate of survey showing the division of 5445 Camden Avenue North shall be filed with Hennepin County. Once new legal descriptions have been established, the City Assessor is authorized to allow the combination of the 10 ft. by 149.85 ft. parcel of land to 5441 Camden Avenue North. The garage currently located at 5445 Camden Avenue North shall be relocated under a properly executed building permit such that it meets all required building setbacks for the newly configured lot lines for this property. Said relocation shall be accomplished prior to the filing of the metes and bounds division with Hennepin County. A new driveway leading from 55th Avenue North to the relocated garage on 5445 Camden Avenue North shall be constructed and a properly executed driveway permit for construction of the access on 55th Avenue shall be obtained from the City Engineering Department. 2-17-05 Page 3 Application Filed on 2-2-05 City Council Action Should Be Taken By 4-3-05 (60 Days) Planning Commission Information Sheet Application No. 2005-004 Applicant: Mary Barrus/Gary Swenson and the Estate of Paul Fagerhaugh Location: 5441 and 5445 Camden Avene North Request: Variance Mr. Gary Swenson, on behalf of Mary Barrus/Gary Swenson (5441 Camden Avenue North) and the estate of Paul Fagerhaugh (5445 Camden Avenue North) is requesting a variance to allow a subdivision of land by metes and bounds description rather than by a formal plat. The purpose of the division is to relocate the common property line between the two properties by ten feet so that a currently shared driveway would be located totally on the Barrus/Swenson property, 5441 Camden Avenue North. The properties in question are an interior residential lot at 5441 Camden Avenue North owned by Barrus/Swenson and a corner residential lot at 5445 Camden Avenue North which is part of the estate of Paul Fagerhaugh. The two properties are zoned R-2 (One and Two Family Residence) and are located at the southwest quadrant of 55th Avenue North and Camden Avenue North. They are surrounded on the north by 55th Avenue with R-3 (Multi Family Residence- Townhomes and Garden Apartments) and R-1 (One Family Residence) zoned property on the opposite side of the street (the lot at 5501 Camden Avenue North is zoned by Robert Fagerhaugh, a relative of the late Paul Fagerhaugh); on the east by Camden Avenue North with other R-2 zoned property on the opposite side of the street; on the south by R-2 zoned property containing a single family home; and on the west by Bellvue Park. Again, the intention of the applicants as outlined in a letter from Mr. Neil Fagerhaugh (attached), who is to be appointed legal representative of Paul Fagerhaugh’s estate and trust, is to divide off a 10 ft. by 149.85 ft. portion of 5445 Camden Avenue North using a metes and bounds description, so that it can be conveyed and combined with the Barrus/Swenson property. Section 15-104 of the City Ordinances requires divisions of land to be done through a formal plat or registered land survey unless the City Council, by variance allows otherwise. Mr. Swenson has submitted a certificate of survey for the two lots showing the rectangular shaped area to be conveyed. It contains a bituminous driveway leading from a currently shared access on Camden Avenue North to the garages located in the rear yards of the two properties under consideration. A driveway easement exists authorizing the shared use and common maintenance of the driveway by the owners of the two lots. Once the division is accomplished and the 10 ft. by 149.85 ft. parcel is conveyed and attached to 5441 Camden, this easement will be extinguished. Mr. Swenson has included a copy of a three page addendum to the purchase agreement (attached), which outlines a number of things related to the agreed upon conveyance. The survey shows only one encroachment would be created by the proposed division and would have to be addressed. This is the location of the existing garage on 5445 Camden. The intent is to relocate the garage such that it will be set back properly from the newly established property line and be oriented such that a new driveway leading to 55th Avenue North can be constructed. A condition of any approval authorizing the division and conveyance is that the garage be relocated such that all setback requirements to the newly configured lot are met prior to the filing of the division with Hennepin County. The certificate of survey also shows that no lot deficiencies would be created by the proposed division and conveyance. In fact, 5441 Camden will become closer to being a standard size lot with respect to single family interior lot width within an R-2 zone. With the conveyance it will be 57.02 ft. in width and 8,498.8 sq. ft. in area. The interior lot requirements for a single family residential use in an R-2 zone are 60 ft. in width and 7,600 sq. ft. in area. The lot at 5445 Camden will be 79.03 ft. in width and 11,842.6 sq. ft. in area after the division. Single family corner lots in an R-2 zone require a minimum lot width of 75 ft. and a minimum lot area of 8,750 sq. ft. Under the City’s Subdivision Ordinance, divisions of land are to be performed by a plat or registered land survey unless the City Council, by variance, allows otherwise. Section 15-112 of the Subdivision Ordinance authorizes the Council to grant variances from their regulations, when in their opinion, undue hardship may result from strict compliance. In making its findings the City Council must take into consideration the nature of the proposed use of land, the existing use of land in the vicinity, 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 City Council must find: That there are special circumstances or conditions affecting said property such that strict application of the provisions of the ordinance would deprive the applicant of the reasonable use of his/her land. That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner. 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. It is the contention of the applicants that to require the formal platting process for this division is overly expensive, burdensome and unnecessary in that no new legal lots are being created with the division of land and that there is substantial precedent for granting similar variances. We would concur with the applicant’s comments and, in this case, we believe the standards for variance can be met. Also, there is much precedent for the granting of metes and bounds division variances in cases such as this. Such variances were quite common prior to 1978. Since that time at least seven such divisions have been approved through the variance process by the City Council. The variances that have been granted typically site the right of the property owner to divide his/her property and the hardship of bearing full platting costs to divide the property by plat. Also the division of land by metes and bounds has been allowed provided that no new buildable lots were created and that no lot or setback variances were implied and that all lot area requirements can be met. It is the staff’s opinion that the proposed metes and bounds description variance requested by the applicants appears to meet both the variance standards contained in Section 15-112 of the City Ordinances and also the City’s policy regarding the division of land by metes and bounds description. A public hearing has been scheduled and notices to surrounding property owners have been sent. RECOMMENDATION Again, it is believed that the standards for variance and the City’s policy regarding subdivisions by metes and bounds descriptions have been met in this case. Also, substantial precedent for metes and bounds division variances in cases similar to this exists. Therefore, approval of this application is recommended noting the above findings and subject to at least the following conditions: The legal descriptions and certificate of survey showing the division of 5445 Camden Avenue North shall be filed with Hennepin County. Once new legal descriptions have been established, the City Assessor is authorized to allow the combination of the 10 ft. by 149.85 ft. parcel of land to 5441 Camden Avenue North. The garage currently located at 5445 Camden Avenue North shall be relocated under a properly executed building permit such that it meets all required building setbacks for the newly configured lot lines for this property. Said relocation shall be accomplished prior to the filing of the metes and bounds division with Hennepin County. A new driveway leading from 55th Avenue North to the relocated garage on 5445 Camden Avenue North shall be constructed and a properly executed driveway permit for construction of the access on 55th Avenue shall be obtained from the City Engineering Department. 2-17-05 Page 3 Application Filed on 2-2-05 City Council Action Should Be Taken By 4-3-05 (60 Days) Planning Commission Information Sheet Application No. 2005-004 Applicant: Mary Barrus/Gary Swenson and the Estate of Paul Fagerhaugh Location: 5441 and 5445 Camden Avene North Request: Variance Mr. Gary Swenson, on behalf of Mary Barrus/Gary Swenson (5441 Camden Avenue North) and the estate of Paul Fagerhaugh (5445 Camden Avenue North) is requesting a variance to allow a subdivision of land by metes and bounds description rather than by a formal plat. The purpose of the division is to relocate the common property line between the two properties by ten feet so that a currently shared driveway would be located totally on the Barrus/Swenson property, 5441 Camden Avenue North. The properties in question are an interior residential lot at 5441 Camden Avenue North owned by Barrus/Swenson and a corner residential lot at 5445 Camden Avenue North which is part of the estate of Paul Fagerhaugh. The two properties are zoned R-2 (One and Two Family Residence) and are located at the southwest quadrant of 55th Avenue North and Camden Avenue North. They are surrounded on the north by 55th Avenue with R-3 (Multi Family Residence- Townhomes and Garden Apartments) and R-1 (One Family Residence) zoned property on the opposite side of the street (the lot at 5501 Camden Avenue North is zoned by Robert Fagerhaugh, a relative of the late Paul Fagerhaugh); on the east by Camden Avenue North with other R-2 zoned property on the opposite side of the street; on the south by R-2 zoned property containing a single family home; and on the west by Bellvue Park. Again, the intention of the applicants as outlined in a letter from Mr. Neil Fagerhaugh (attached), who is to be appointed legal representative of Paul Fagerhaugh’s estate and trust, is to divide off a 10 ft. by 149.85 ft. portion of 5445 Camden Avenue North using a metes and bounds description, so that it can be conveyed and combined with the Barrus/Swenson property. Section 15-104 of the City Ordinances requires divisions of land to be done through a formal plat or registered land survey unless the City Council, by variance allows otherwise. Mr. Swenson has submitted a certificate of survey for the two lots showing the rectangular shaped area to be conveyed. It contains a bituminous driveway leading from a currently shared access on Camden Avenue North to the garages located in the rear yards of the two properties under consideration. A driveway easement exists authorizing the shared use and common maintenance of the driveway by the owners of the two lots. Once the division is accomplished and the 10 ft. by 149.85 ft. parcel is conveyed and attached to 5441 Camden, this easement will be extinguished. Mr. Swenson has included a copy of a three page addendum to the purchase agreement (attached), which outlines a number of things related to the agreed upon conveyance. The survey shows only one encroachment would be created by the proposed division and would have to be addressed. This is the location of the existing garage on 5445 Camden. The intent is to relocate the garage such that it will be set back properly from the newly established property line and be oriented such that a new driveway leading to 55th Avenue North can be constructed. A condition of any approval authorizing the division and conveyance is that the garage be relocated such that all setback requirements to the newly configured lot are met prior to the filing of the division with Hennepin County. The certificate of survey also shows that no lot deficiencies would be created by the proposed division and conveyance. In fact, 5441 Camden will become closer to being a standard size lot with respect to single family interior lot width within an R-2 zone. With the conveyance it will be 57.02 ft. in width and 8,498.8 sq. ft. in area. The interior lot requirements for a single family residential use in an R-2 zone are 60 ft. in width and 7,600 sq. ft. in area. The lot at 5445 Camden will be 79.03 ft. in width and 11,842.6 sq. ft. in area after the division. Single family corner lots in an R-2 zone require a minimum lot width of 75 ft. and a minimum lot area of 8,750 sq. ft. Under the City’s Subdivision Ordinance, divisions of land are to be performed by a plat or registered land survey unless the City Council, by variance, allows otherwise. Section 15-112 of the Subdivision Ordinance authorizes the Council to grant variances from their regulations, when in their opinion, undue hardship may result from strict compliance. In making its findings the City Council must take into consideration the nature of the proposed use of land, the existing use of land in the vicinity, 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 City Council must find: That there are special circumstances or conditions affecting said property such that strict application of the provisions of the ordinance would deprive the applicant of the reasonable use of his/her land. That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner. 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. It is the contention of the applicants that to require the formal platting process for this division is overly expensive, burdensome and unnecessary in that no new legal lots are being created with the division of land and that there is substantial precedent for granting similar variances. We would concur with the applicant’s comments and, in this case, we believe the standards for variance can be met. Also, there is much precedent for the granting of metes and bounds division variances in cases such as this. Such variances were quite common prior to 1978. Since that time at least seven such divisions have been approved through the variance process by the City Council. The variances that have been granted typically site the right of the property owner to divide his/her property and the hardship of bearing full platting costs to divide the property by plat. Also the division of land by metes and bounds has been allowed provided that no new buildable lots were created and that no lot or setback variances were implied and that all lot area requirements can be met. It is the staff’s opinion that the proposed metes and bounds description variance requested by the applicants appears to meet both the variance standards contained in Section 15-112 of the City Ordinances and also the City’s policy regarding the division of land by metes and bounds description. A public hearing has been scheduled and notices to surrounding property owners have been sent. RECOMMENDATION Again, it is believed that the standards for variance and the City’s policy regarding subdivisions by metes and bounds descriptions have been met in this case. Also, substantial precedent for metes and bounds division variances in cases similar to this exists. Therefore, approval of this application is recommended noting the above findings and subject to at least the following conditions: The legal descriptions and certificate of survey showing the division of 5445 Camden Avenue North shall be filed with Hennepin County. Once new legal descriptions have been established, the City Assessor is authorized to allow the combination of the 10 ft. by 149.85 ft. parcel of land to 5441 Camden Avenue North. The garage currently located at 5445 Camden Avenue North shall be relocated under a properly executed building permit such that it meets all required building setbacks for the newly configured lot lines for this property. Said relocation shall be accomplished prior to the filing of the metes and bounds division with Hennepin County. A new driveway leading from 55th Avenue North to the relocated garage on 5445 Camden Avenue North shall be constructed and a properly executed driveway permit for construction of the access on 55th Avenue shall be obtained from the City Engineering Department. 2-17-05 Page 3