HomeMy WebLinkAbout2006-013 Inf Sheet 4821 Twin Lake Avenue Application Filed on 11-30-06
City Council Action Should Be
Taken By 1-29-07 (60 Days)
Planning Commission Information Sheet
Application No. 2006-013
Applicant: Global Construction and Investment Co, Inc.
Location: 4821 Twin Lake Avenue
Request: Site & Building Plan Approval
The applicant, Lori Athias on behalf of Global Construction and Investment Co, Inc., is seeking site and building plan approval to construct a two unit townhouse at 4821 Twin Lake Avenue
North.
The property in question is zoned R-4 (Multiple Family Residence) and contains an existing single family home and garage. It is located on the west side of Twin Lake Avenue, north of
Lakebreeze Avenue, and lays between Twin Lake Avenue and Twin Lake. It is surrounded by other R-4 zoned property containing a non-conforming single family home on the north; vacant
property and a four unit apartment building to the east on the opposite side of Twin Lake Avenue; a six unit apartment building to the south; and Twin Lake on the west.
The R-4 zone allows as a permitted use multiple family dwellings of 1 ½ to 2 stories in height at a density requiring 3600 sq. ft. of land per dwelling unit. This district also allows
R-3 uses (townhomes) as permitted uses provided they adhere to the R-3 district requirements. The R-3 district, among other things, requires 5,400 sq. ft. of land per dwelling unit.
The applicant plans to clear the land of the existing single family home and garage and build a two unit, two story townhome with attached garages. Each unit would be 4,456 sq. ft.
DENSITY
The site in question is 76.24 ft. in width and approximately 145.4 ft. deep, for a total of 11,088 sq. ft. in area. At 5,400 sq. ft. of land per dwelling unit, this two unit townhome
proposal would require 10,800 sq. ft. of land. The lot in question is of sufficient size to meet the density requirements of the R-3 use. Other requirements of the R-3 district pertinent
to this proposal are a 35 ft. front yard setback; 10 ft. side yard setback; and 40 ft. rear yard setback. The lot width requirement is per Section 35-400, Subdivision 7 “a function
of the width of the townhouse unit” and a minimum 10 ft. side yard setback must be met. If the applicant were proposing a 1 ½ to 2 story apartment building, a three unit building would
be allowed under the R-4 density. However, because the lot is not 100 ft. in width, this lot could not be used for an R-4 permitted use without adding additional land. It can be argued
that only an R-3 use, such as being proposed, can be developed on this property given the existing circumstances.
ACCESS/PARKING
Access to the site is from Twin Lake Avenue through a 22 ft. wide curb cut with a concrete apron that will be installed with the development of the townhome. The driveway is located
at the center of the property. The driveway, as it approaches the two double wide garages on the east end of the townhomes, expands to a total width of 39 ft. 8 in. This allows for
two 18 ft. wide drives separated by a 3 ft. 8 in. wide planter/delineator area separating the two driveways. The off street parking requirement is two spaces per dwelling unit. Based
on the plan, a total of at least four off street parking spaces will be provided per dwelling unit, two in the garage and two in the drive way. The plan calls for a bituminous driveway
with a concrete apron in front of the garage door and, as mentioned before, a concrete apron will be provided at the street cut. A driveway permit from the city’s engineering department
is required.
GRADING/DRAINAGE/UTILITIES
The applicant has submitted a preliminary grading, drainage, utility and erosion control plan that is being reviewed by the Director of Public Works/City Engineer. His written evaluation
and comments are submitted and attached for the Commission’s consideration. There is a 10 ft. wide sanitary sewer easement shown in the front yard between the street right of way and
the proposed building. The easement contains sanitary sewer main serving this area. Separate sewer services will be run to the dwelling units and will be tied into the main line below
the delineator/planter area located between the two driveways. Water will be connected to the water main within Twin Lake Avenue and will be split into separate services for the two
units.
The Public Works Director/City Engineer has concerns regarding the utility connections that will have to be made in the sanitary sewer easement and within the public right of way. The
applicant will be required to excavate a trench for the new sewer and water services. There is some known contamination in the area from the old Joslyn pole yard which lies to the north
of this site. Dewatering of ground water will in all likelihood have to take place with the trenching and connections of utilities. A release of hazardous substances is a possibility
related to the dewatering. The ground water associated with the dewatering will have to be discharged into the sanitary sewer system. The Director of Public Works is especially cognizant
of the problems and potential concerns associated with this activity based upon the city’s reconstruction of a water main in the Twin Lake Avenue right of way in the fall of 2005. Because
of this, he required the developer to get a “no association determination” letter from the Minnesota Pollution Control Agency. He also wants assurances and a “no associate determination”
for the city if the developer trenches within the city’s utility easement and right of way.
The applicant has provided, along with her application a letter from MPCA (attached), which the Director of Public Works/City Engineer is reviewing and will be providing additional comments
and possible other conditions of approval. The developer will be responsible for costs associated with the dewatering and the discharge of groundwater into the sanitary sewer system.
No curb and gutter, other than that at the street line where a concrete apron is to be installed, is required in this type of development. The driveway will be bituminous and the paved
area will not exceed 50 percent of the front yard area pursuant to city nuisance ordinance.
The plan shows the location of the 100 year flood elevation on the property which is 856 ft. for Twin Lake. According to the city’s flood plain regulations, the finished floor elevation
for all structures, including accessory structures, must be elevated on fill so that the lowest floor is at or above the regulatory floor protection elevation (one foot above the 100
year elevation). The plan shows the finished floor elevation for the dwelling units to be 857.66 ft. Spot elevations in the garage show an elevation of 856.20 ft., less than one foot
above the 100 year flood elevation. Further evaluation of this matter is in order, to provide compliance with the flood plain ordinance.
NOTE: It has been brought to my attention by the Public Works Director that the actual width of the sanitary sewer easement in the front yard is 20 ft., not 10 ft. as indicated on the
plan. This means that an encroachment will exist if the plan submitted is pursued. The applicant’s representative has been advised and a plan revision must take place in order to proceed
with a positive recommendation for this application.
LANDSCAPING
The applicant has submitted a landscape plan in response to the landscape point system used to evaluate such plans. This 11,088 sq. ft. site requires 90 landscape points. The plan
calls for the removal for existing Cottonwood trees and new landscaping that will amount to 94 landscape points. Four shade trees including two Northern Pin Oak and two Northwood Maple
are planned for the front yard area along with two Black Hills Spruce. Two other Black Hills Spruce are shown in the rear yard. Five Pink Spire Crabapple are located in the side yards,
two on the north and three on the south. Ten Pyramidal Arborvitae are located along the north property line in the middle of the site. Eighteen foundation shrubs including Compact
American Viburnum and Dwarf Winged Euonymus are planned for the north, west and south sides of the dwelling units. Five Karl Forester Feathergrass will be planted in the planter/delineator
area in the front between the garages. Sod is proposed around the entire site except for the shore line area. Concrete walkways lead from the front doorways on the north and south
sides of the garages to the driveway.
BUILDING
The applicant has provided building elevations and floor plans for the proposed townhome. The exterior will be primarily prefinished fiber cement straight edge shake siding or prefinished
vinyl straight edge shake siding with comparable fascia and soffit. A concrete patio and step is provided for each unit, one located at the southwest corner of the building and the
other at the northwest corner of the building.
TRASH/LIGHTING
No central outside trash area is proposed or expected. Trash will be stored and subject to the requirements for one and two family residences. The same is true for outside lighting,
which we assume, will be the same as one and two family dwellings mainly lights over entrance/exit doors and garage area.
If the applicant plans to rent these units, a rental dwelling license from the city will be required. If the units are proposed to be sold separately, the applicant will have to either
replat the property or file a condominium declaration with Hennepin County under the Minnesota Condominium Act.
The proposed use is a permitted use requiring site and building plan approval only. No public hearing is required, therefore, no notices of the Planning Commission’s consideration have
been sent.
RECOMMENDATION
The plans must be modified to eliminate the proposed encroachment into the 20 ft. sanitary sewer easement in order for this plan to be recommended for approval. If this point is addressed,
approval would be recommended subject to at least the following conditions:
The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits.
Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. All conditions listed in the Public Works
Director’s memo of December 11, 2006 must be complied with.
A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to
assure the completion of site improvements.
The applicant shall submit an as built survey of the property, improvements and utility service lines to the City Engineer prior to the release of the performance guarantee.
The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of building permits.
The applicant shall provide appropriate erosion and sediment control devices on site during construction as approved by the city engineering department.
All work performed and materials used for the construction of utilities and curb and gutter shall conform to the City of Brooklyn Center’s current standard specifications and details.
The application shall provide the city with a “no association determination” letter from Minnesota PCA prior to trenching for utilities and dewatering in the sanitary sewer easement
area or the Twin Lake Avenue right of way area.
The applicant shall comply with Section 35-2150, Subdivision 2 of the city’s flood plain ordinance with respect to the finished floor elevations for the dwelling units and garages.
The applicant is responsible for obtaining a driveway permit from the city’s engineering department prior to establishing the new driveway to serve the site.
The owner of the property shall obtain a rental dwelling license prior to the renting or leasing of dwelling units in the project if the town home units are to be rented.
The owner of the property shall replat the property or file a condominium declaration under the Minnesota Condominium Act if the units are to be sold separately.
12-14-06
Page 1
Page 5