HomeMy WebLinkAbout2006-012 Inf Sheet 5420 Fremont Avenue North Application Filed on 9-26-06
City Council Action Should Be
Taken By 11-25-06 (60 Days)
Planning Commission Information Sheet
Application No. 2006-012
Applicant: Tony Berg
Location: 5420 Fremont Avenue North
Request: Resubdivision Approval
The applicant, Tony Berg, is seeking approval to uncombine, or resubdivide, the property at 5420 Fremont Avenue North to reestablish two platted lots that were combined for tax purposes
a number of years ago. This action would allow the two lots to be used and sold separately.
The property in question is zoned R-2 which allows one and two family residences as permitted uses in this zoning district. It is located on the east side of Fremont Avenue, three lots
south of 55th Avenue North. It is surrounded on the north and south by single family homes; on the east by an alley serving this residential area with single family homes on the opposite
side of the alley; and on the west by Fremont Avenue with single family homes on the opposite side of the street.
The combined lot is currently 80 ft. wide by approximately 128.34 ft. deep (10,267 sq. ft.). The legal description is Lots 26 and 27, Block 2, N & E Perkins Addition to Minneapolis
and were combined for tax purposes as mentioned above by the owners of the property a number of years ago. Lot 27 (the northerly lot) is 40 ft. wide by approximately 128.34 ft. deep
and contains a 22 ft. by 22.2 ft. garage and a shed. Lot 26 (the southerly lot) is also 40 ft. wide by approximately 128.34 ft. deep and contains a single family house and a garage.
The applicant has submitted a survey of the property showing the lots and structures on the two underlying lots. His plan is to file a certificate of survey with Hennepin County to
reestablish the old underlying lots for the purpose of utilizing the lots separately.
The process of combining parcels for tax purposes is an administrative procedure that allows lots to be combined without the benefit of replatting. Once done, the City considers the
lots to be a single lot for building purposes and setback purposes and construction can take place on the combined lot accordingly. The lots, once combined for tax purposes, cannot
be sold or conveyed separately without being uncombined or resubdivided, which requires city approval. Because the lots are considered a single lot, the City requires the person requesting
the reestablishment of the lots to provide a survey to show that the reestablished lots have no property line encroachments or setback deficiencies before the City will allow the lots
to be uncombined.
A review of the survey in this case shows that the northerly lot (Lot 27) has a garage that has a setback from the south lot line of .3 ft. at the southwest corner and .4 ft. at the
southeast corner of the building. An accessory structure such as this requires a minimum setback of 3 ft. from an interior property line. Also, if the underlying lots are to be reestablished,
the existing situation would create a non-conformity in that accessory buildings are only allowed on lots which have a principal building. The survey also indicates that the location
of the garage on the southerly lot (Lot 26) meets all setback requirements and the existing single family home on that lot is non-conforming as to its side yard setback and front yard
setback. The house is setback approximately 6 ft. from the north property line and 20.6 ft. from the front setback line. The side yard setback requirements for a principal building
are 10 ft., however, one side yard setback can be less than 10 ft., but no less than 5 ft. provided there are no doors, windows or openings on the side of the building that is less than
10 ft. from the side lot line. There are openings on this wall currently. In order for this building to be in conformance with the setback requirements, those openings must be closed.
With respect to the front yard setback, it is an existing condition which is not affected by the reestablishment of the two lots and can continue.
It should be noted that the minimum lot requirements for a single family interior lot in an R-2 zone are 60 ft. in width and 7,600 sq. ft. in area. The 40 ft. wide lots of approximately
5,134 sq. ft. in area do not meet the minimum requirements called for in the R-2 zone for single family residential use. The Commission’s attention is directed to Section 35-500 of
the City’s Zoning Ordinance (copy attached) relating to substandard lots and parcels. This section of the ordinance states that a lot or parcel which was of legal record within the
R-1 or R-2 zoning district on January 1, 1976 and which does not meet the minimum requirements of this ordinance as to width or area may, nevertheless, be utilized for single family
detached dwelling purposes, provided the width is not less than 40 ft. at the property line; the lot area is not less than 5,000 sq. ft.; and provided that yard setback requirements
for single family detached dwellings are met. This provision would allow the two 40 ft. wide, 5,000+ sq. ft. lots to be utilized for single family dwelling purposes.
Lots 26 and 27, Block 2, N & E Perkins Addition to Minneapolis, are legal lots of records created before January 1, 1976 and are, therefore, subject to Section 35-500 and may be developed
for single family detached dwelling purposes if they are allowed to be reestablished by the City.
Previous subdivisions of lots similar to this have been approved by the City Council provided there are not encroachments or setback deficiencies created by the reestablishment of the
underlying lots. Correction to the deficiencies noted above, namely the proposed garage location on Lot 27 (northerly lot) and the existence of accessory structures without the benefit
of a principal building, will need to be addressed prior to reestablishing the underlying lot. With regard to Lot 26 (southerly lot), it will be addressed to meet the requirement that
there be no doors, windows or openings along the north wall where the principal building is located less than 10 ft. from the reestablished lot line. If these corrections can be made,
it would appear that the resubdivision proposed by the applicant could go forward.
The applicant has indicated that he intends to build a new single family home on the northerly lot and is willing to relocate or demolish the garage on that site. The question of eliminating
accessory buildings on a lot without a principal building has been addressed by the City in the past by requiring the applicant to correct the deficiency as part of a building permit
process or agree to remove the structure within 12 months of reestablishing the underlying lots and execute a performance agreement and post an appropriate financial guarantee to assure
the removal of the accessory structures.
We have followed the procedures called for in a replatting of property and have posted a notice of hearing on a resubdivision in the Brooklyn Center Sun/Post. It is recommended that
the Planning Commission hold a public hearing at Thursday evening’s meeting.
The reestablishment of the underlying lots will mean that the southerly lot would retain the address of 5420 Fremont Avenue North while the northerly lot would be addressed 5424 Fremont
Avenue North.
RECOMMENDATION
Provided the applicant is willing to make the corrections noted above, approval of this application would be recommended subject to at least the following conditions:
The legal descriptions and survey showing the reestablishment of the underlying lots shall be filed with Hennepin County.
The City Assessor is authorized to process the resubdivision in conjunction with Hennepin County.
The resubdivision approval does not comprehend approval of any other action pertaining to the use of the property.
No variances from city ordinance requirements are implied. Any future structures on the lots are required to meet setback requirements.
The applicant shall be responsible for modifying the existing single family residential home on Lot 26 so that there are no doors, windows or other openings along the north side of the
building which is less than 10 ft. from the property line. Said modification shall be accomplished prior to the filing of the survey to reestablish the underlying properties.
The applicant shall have either made application for a building permit to construct a single family home on the reestablished Lot 27 and to come into compliance with the 3 ft. minimum
setback for an accessory building or execute a performance agreement and post an appropriate financial guarantee to assure the removal of the garage and shed on Lot 27 within one year.
In no event, shall there be an accessory building or buildings on Lot 27 within one year following the filing of the survey to reestablish the underlying properties unless there is
a properly constructed single family home on said lot.
10-26-06
Page 1
Page 2