HomeMy WebLinkAbout2007-002 Inf Sheet 5421 Lyndale Ave N Application Filed on 2-22-07
City Council Action Should Be
Taken By 4-23-07 (60 Days)
Planning Commission Information Sheet
Application No. 2007-002
Applicant: Brett Hildreth
Location: 5421 Lyndale Ave N
Request: Preliminary Plat
The applicant, Brett Hildreth, is seeking Preliminary Plat approval to subdivide the property at 5421 Lyndale Avenue North and also combine surplus highway right-of-way to create three
new single family residential lots. The property in question is zoned R-2, which allows one and two family residences and is located on the west side of Lyndale Avenue about midway
between 53rd and 55th Avenues North. It is surrounded on the north and south by single family homes; on the west by I-94 right-of-way; and on the east by Lyndale Avenue North with the
North Mississippi Regional Park and Trail on the opposite side of the street. The properties when replatted will be known as the River Road Three Addition and currently have a metes
and bounds description of two lots (Lot 4 and a portion of Lot 3, Bellvue Acres Addition) and will also contain surplus highway right-of-way, which was turned over to the City of Brooklyn
Center lying between the property addressed 5421 Lyndale and the established right-of-way line for I-94. The applicant’s plan is to create three new lots to be used for single family
residential purposes.
A number of years ago, the Minnesota Department of Transportation (MNDOT) turned over to the City of Brooklyn Center surplus land that was acquired by them for I-94 lying between existing
lots and what was needed for I-94 right-of-way purposes. The City accepted this property with the idea of conveying it to adjacent property owners to be attached to their properties.
The property was offered to adjacent property owners for a fee. Some took advantage and acquired the land and combined it to their properties right away. Over the years, others have,
on occasion, acquired the property as well. The applicant who recently acquired 5421 Lyndale Avenue intends to acquire the former right-of-way property adjacent to his property and
to include it with this replat. He also proposes dividing the property into three single family residential lots.
The middle lot (proposed Lot 2) will contain an existing single family home and garage. The other two lots (proposed Lots 1 and 3) will be vacant and offered for sale and development
as single family lots.
The R-2 zoning district allows both one and two family residences as permitted uses in the zoning district. There are different minimum lot requirements for single family and two family
uses. Single family interior lots are required to be a minimum of 60 ft. in width (at the building setback line) and 7,600 sq. ft. in area. Two family interior lots are required to
be a minimum of 75 ft. in width and 6,200 sq. ft. of land per dwelling unit or 12,400 sq. ft. in area.
The existing parcel at 5421 Lyndale is 194.50 ft. wide (north to south) with an average depth (east to west) of approximately 190.50 ft., for an approximate area of 37,052 sq. ft. The
three lots proposed by the applicant would have different lot widths and areas due to the location of the existing structures on the lot that he wants to retain. As mentioned, the existing
home and garage would be located on the middle lot (proposed Lot 2). Because of this, his plan is to create the south lot (proposed Lot 3) to be 63.53 ft. in width and 12,761 sq. ft.
in area. The middle lot (proposed Lot 2) would be 77.28 ft. in width and 15, 897 sq. ft. in area with all building setback requirements met; and the north lot (proposed Lot 1) to be
53.69 ft. in width and 11,245 sq. ft. in area. Note: In order for this preliminary plat to be approved, a variance from the lot width requirements will have to be granted for the proposed
Lot 1. The applicant has submitted a companion application (Planning Commission Application No. 2007-003) seeking such a variance which will be reviewed separately.
The three proposed lots exceed the R-2 minimum requirements for a single family interior lot with respect to lot area (7,600 sq. ft.) and lot depth (110 ft.). Proposed Lots 2 and 3
also exceed the minimum lot width requirement (60 ft.). The proposed Lot 1 is 6.31 ft. less than the minimum lot width of 60 ft.
If no structures existed, this lot division would be a simple matter of creating three equally wide lots. The location of the existing house and garage and the applicant’s desire to
retain the structures have led to the proposed division. A 10 ft. side yard building setback will be met from the north property line of the proposed Lot 2. A side yard setback of
less than 10 ft. could be allowed, provided there are no doors, windows or openings along the north side of the house. The applicant does not believe this would be practical or desirable.
He has considered other possibilities such as jogging the property lines around the house or seeking another type of variance. There is precedent for a lot width variance, in cases
where two of the three lot requirements (width, depth and area) are met. Again, justification for the lot width variance is part of Application No. 2007-003.
One encroachment currently exists based on the survey submitted that will have to be removed prior to final plat approval. The encroachment is an existing swimming pool that is located
over the lot line separating the proposed Lots 1 and 2. The applicant has indicated his intention to remove the swimming pool. Again, this matter must be addressed prior to final
plat approval.
An existing driveway serving the garage on the proposed Lot 2 also encroaches on the proposed Lot 3 (south lot). If this driveway is intended to serve both lots, an appropriate cross
access easement will have to be developed and filed with the titles to the properties along with the final plat. If this is not the applicant’s intent, the driveway encroachment onto
Lot 3, should be removed prior to final plat approval. This decision can be left up to the applicant, however, it must be addressed. The City Engineer/Public Works Director is reviewing
the plat and will be making written comments for the Planning Commission’s consideration.
Sewer and water exists in the Lyndale Avenue right-of-way. In fact, sewer and water services have been stubbed in already to serve the proposed Lot 3. The house on the proposed Lot
2 is served by sewer and water. A water service for the proposed Lot 1 is stubbed to the property line. A sanitary sewer will have to be provided. The sanitary sewer main is located
in the Boulevard area of Lyndale and can be tied into with minimal disruption. The water main is under Lyndale Avenue, but because the services are provided to the property line, no
digging into Lyndale Avenue pavement will be necessary. Five foot wide drainage and utility easements are proposed along the north and south property lines for the new proposed lots
and 10 ft. drainage and utility easements adjacent to street right-of-way (Lyndale Avenue and I-94).
A public hearing has been scheduled for this preliminary plat application and notices of the Planning Commission’s consideration have been published in the Brooklyn Center Sun/Post.
RECOMMENDATION
Provided the variance requested under Planning Commission Application No. 2007-003 is approved, the preliminary plat would be in order and is recommended subject to at least the following
conditions:
The final plat is subject to review and approval by the City Engineer.
The final plat is subject to the provisions of Chapter 15 of the City Ordinances.
Approval of this application is contingent upon approval of the lot width variance request under Planning Commission Application No. 2007-003.
Prior to final plat approval, all encroachments into or over proposed lot lines shall be removed and verified. The driveway encroachment over Lot 3 can continue provided an appropriate
cross access easement is approved by the City Attorney, is filed with the titles to the properties at Hennepin County along with the final plat.
No building permits shall be issued for new dwellings until the plat has been given final approval by the City Council and filed with Hennepin County.
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