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HomeMy WebLinkAboutPC91001 - 8/16/91 - 4010 65th AvePLANNING COMMISSION FILE CHECKLIST / File Purge Date:` `11 /- FILE INFORMATION Planning Commission Application No. 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 Agenda Cover Sheet: Planning Commission Agenda Book Minutes: Planning Commission Minutes: City Council Resolutions: Planning Commission Resolutions: City Council Ordinances: City Council City Vault City Vault City Vault City Vault City Vault Historical Photographs: Planning Commission City Archieve CITY OF BROOKLYN CENTER PLANNING COMMISSION APPLICATION Application No. 91007 Please Print Clearly or Type Street Location of Property b 1 O USA 1^ Av--c/J 0, Legal Description of Property 5 ( o G `1 44 A m Jn- S -z Owner,I-VAP A- -4-/4 C > )CIC Address 5 ca %r 4-J 1'w L' o S + Phone No. -/3 6 - 5130 Applicant �' /d'✓k� v - Address �/*,I,V_ Phone No. Zt 3 G ? ! 3 o Type of Request: Rezoning Subdivision Approval Variance Site & Bldg. Plan Approval Special Use Permit Other: Description of Request: '(Zt o °�Q a X 1 0l LA 7 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 obligation to pay costs incurred prior to withdrawal. c. Fee $ s^� `=— turn CX_ Applicant's nature Receipt No. t J Date : _4h y, ` i% PLANNING COMMISSION RECOMMENDATION Dates of P.C. Consideration: 1_//�1/ Approved Denied this /li day of �� 19 subject to the following conditions: Chairman CITY COUNCIL ACTION Dates of Council Consideration: Approved Denied this day of r amendment: 19Cc711 , with the following P/I Form No. 18 (over please) Cl erk Planning Commission Information Sheet Application No. 91007 Applicant: Real Estate Financial Consultants, Inc. and Ivan and Hazel Vetterick Location: 6501 Brooklyn Blvd. and 4010 65th Avenue North Request: Rezoning The applicants request approval to rezone from C-1 to R-5 an approximate 30'x 100' strip of land along the back side of the lot at 6501 Brooklyn Blvd. The land in question would then be transferred by platting to the lot at 4010 65th Av. N. in order to provide enough land area to support four dwelling units on the 4010 65th property. This platting was pursued when both properties were zoned R-5, but was never filed by the previous owner. The apartment building at 4010 65th Av. N. was approved as a three -unit building with a common recreation room in 1982. However, subsequently, the recreation room was converted to a dwelling unit without proper approvals. It has been posted for some years as unlicensed and has not been rented. The reason it has been posted is because the land parcel is only large enough to support three dwelling units at 3600 sq. ft. per unit (the land area requirement for an R-4 building in an R-5 zone). The property under consideration in this rezoning is presently the back 30' of the lot at 6501 Brooklyn Blvd. It is bounded on the east by 6501 Brooklyn Blvd., on the south by the Welcome Community Home, on the west by 4010 65th Av. N., and on the north by a single-family home. The property at 4010 65th Av. N. is zoned R-5. The other surrounding properties are zoned C-1. They were rezoned from R-5 to C-1 in 1989. Guidelines for Evaluating Rezoninas All rezoning applications are reviewed in light of the Rezoning Evaluation Policy and Review Guidelines contained in Section 35-208 of the City Is Zoning Ordinance (attached). The applicants have submitted a brief letter (attached) in which they comment on each guideline. A recitation of those comments and staff response follows: (a) Is there a clear and public need or benefit? Applicants: "There is a clear need to make the building useable "as built."' Staff: The building which the applicants refer to is the existing three -unit apartment building at 4010 65th Av. North. Although it does not have four legal units, its basic structure is comparable to a standard four-plex. We encouraged the original owner of the property to plat off enough land for a four -unit building in 1982 when the apartment development was being proposed. He preferred, 5-16-91 1 Application No. 91007 continued however, to keep as much land as possible on the lot at 6501 Brooklyn Blvd. for future commercial development. It should be noted that the property on which the apartment was built was at one time part of a single parcel that ran between, and fronted on, Brooklyn Blvd. and 65th Av. North. The building has been an enforcement problem and is difficult to market as a three -unit building. It would simply be a more rational use of the building to have a fourth unit and the appropriate land area to support it. (b) Is the proposed zoning consistent with and compatible with surrounding land use classifications? Applicants: "The proposed zoning is consistent with adjacent zoning. There are two 4-plexes adjacent to the property. Staff: We agree that the proposed R-5 zoning is consistent and compatible with the surrounding C-1 and R-5 zoning districts. (c) Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? Applicants: "We are contemplating multiple residential apartment use which is [there] now." Staff: The new parcel of approximately 14000 sq. ft. will support four units in a two story building or six units in a three story building. Since the two story building is already in place, the net effect of the rezoning will be to legalize a fourth unit in the existing building. (d) Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? Applicants: "The property in question was zoned R-3 and was changed to C-1 in 1989. We want to change 301x 100' back to R-3." Staff: The applicants are mistaken in referring to the R-3 zone. The property in question was zoned R-5 and the proposal should be to rezone it back to R-5. The main change in zoning in the area was the rezoning to C-1 referred to by the applicants. We do not feel that the C-1 zone bounding this parcel is incompatible with an R-5 zoning of the apartment property. Both the C-1 and R-5 zones have been considered transition zones and, in fact, offices are allowed by special use permit in the R-5 zone. 5-16-91 2 Application No. 91007 continued (e) In the case of City -initiated rezoning proposals, is there a broad public purpose evident? Applicants: "N/A" Staff: Not applicable. (f) Will the subject property bear fully the ordinance development restrictions for the proposed zoning district? Applicants: "Yes." Staff: The land area being rezoned and added to the apartment property at 4010 65th Av.N. will enable that property to meet the density requirements for four dwelling units. (g) Is the subject property generally unsuited for uses permitted in the present zoning district, with respect to size, configuration, topography or location? Applicants: "No." Staff: We would agree that the land in question is not unsuited to service/office use, should the larger parcel in which it is located be redeveloped for that use. However, within the present time frame, it can serve a more useful purpose by supporting a fourth dwelling unit on the 4010 65th property and making that building more fully usable. (h) Will the rezoning result in the expansion of a zoning district, warranted by: 1) Comprehensive Planning; 2) the lack of developable land in the proposed zoning district; or 3) the best interests of the community? Applicants: "Not known." Staff: We do not feel that such a minor rezoning of land would be inconsistent with the Comprehensive Plan. There is a lack of developable land in most zoning districts in the city. In this case, the land would not result in new development, but would allow for the rational use of the existing apartment building. This seems to be in the best interests of the community. (i) Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? 5-16-91 3 Application No. 91007 continued Applicants: "Yes we believe it is a reasonable solution to a on- going problem." Staff: We agree that fitting buildings to land (or vice versa in this case) is one of the central purposes of zoning. We would, therefore, conclude that the proposed rezoning, inasmuch as it furthers valid zoning objectives, demonstrates merit beyond the interests of the owners of the land in question. The applicants have also submitted a letter (attached) in which they briefly explain the background of the zoning and platting of the property as was explained in the beginning of this report. Originally, the property at 4010 65th Av. N. was part of the same land parcel containing 6501 Brooklyn Blvd. The property at 4010 65th was subdivided off in 1982. In 1987, the previous owner, Joe Maas, received preliminary plat approval to transfer the back 30' of the 6501 Brooklyn Blvd. property to the 4010 65th property. That plat was never finaled. The applicants intend to final that plat if this rezoning is approved. All the land was previously zoned R-5. In 1989, the City rezoned 6501 Brooklyn Blvd. and other parcels in that block to C-1. Thus, there is a need to rezone this 30' wide strip of land from C-1 to R-5. It should also be noted that a condition of the preliminary plat approval granted to Joe Maas was that two additional parking stalls be constructed and bounded by curb and gutter in order to meet the parking requirement for the fourth dwelling unit. Conclusion Based on the review of the rezoning guidelines above, we would recommend approval of the proposed rezoning. Most rezonings are considered once by the Planning Commission and then are tabled and referred to the relevant neighborhood advisory group (in this case, it would be the West Central Neighborhood Advisory Group). In this case, in light of the minor extent of the rezoning and the fact that no new development is contemplated, we would recommend that the Commission consider acting on the rezoning request at its first consideration. A draft resolution recommending approval is attached for the Commission's consideration. Submitted b��, Gary Shallcross Planner proved by, 'j • Ronald A. Warren Director of Planning and Inspection 5-16-91 4 Date April 3,1991 Brooklyn Center Planning Commission Brooklyn Center Mn 55430 Dear Sirs, RE: the rezoning of the back 30'x100' of Lot 2,blk 1 Hamms add We feel the rezoning should be done or finished to make the 4 Plex built in 1983 useable as built. The subdivision was started in 1988 and the final Plat was approved. We are just picking this up and finishing it. The final Plat was approved before the adjacent property,which we are purchasing, was rezoned to C-1 in 1989, Therefore we need the rezoning to R-3. Ivan e tereck and Hazel Vettereck Deni L.Villella 1 Answers to the Guidelines a) There is a clear need to make the building useable" as built" b) The proposed zoning is consistent with adjacent zoning. There are 2-4Plexes adjacent to the property. c) We are contemplating multiple residental apartment use which is is now. d) The property in question was R-3 and was changed to C-1 in 1989. We want to change 30'x100' back to R-3. e) N/A f) Yes g) No h) Not known i) Yes we beleive it is a reasonable solution to a on -going problem. Sincerely, Ivan V. tereck a d Hazel Vet tereck Denis L.Villella 2 R3 15 „ WE „ „ , , , , ,I I, w < r AVE. N. y W N 7� < S. rosr J 68TM� E. N. RZ \ 'x 1.1 1 I LN� APPLICATION NO. 91007 6Aq" CITY Spy , 'x a 02 `\q N r E 8 68TH. AVE. N. iiiiiiiiiiii N, i 0 �ya c, 1 _ i � ei . i 3 = I Arn r X KZ ooa is �yy ° Ops oN , l CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 8th day of July, 1991 at 7:15 P.M.the City Hall, 6301 Shingle Creek Parkway, waa y, to consider an amendment to the POST PUBLICATIONS Zoning Ordinance regarding the required buf- fer when an industrial use abuts an inst;tu- tional use. AFFIDAVIT OF PUBLICATION Auxiliary aids for handicapped persons are available upon request at least % hours in advance. Please contact the Personnel Coor- dinator at 569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 STATE OF MINNESOTA OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CER- COUNTY OFHENNEPIN SS. TAIN LAND (HAMM'S SECOND ADDITION) THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35-1140. MULTIPLE FAMILY RES- IDENCE DISTRICT (R5). The following pro- pertiesGregory are hereby established as being within r i,acin , the IRS) Multiple Family Residence District zoning classification. being duly sworn, on oath Says that he is the publisher y Lot 1. Block 1, Hamm's 2nd Addition. or authorized agent and employee of the publisher of the newspaper known as the PostNews and has full knowledge Section 35.1170. SERVICE/OFFICE DIS- ofihefactswhicharestatedbelow: TRICT (Cl). The following properties are hereby established following being within the (Cl) (q) The newspaper has complied � plied with all of the requirements Service/Office District zoning classification. constituting Provided by Minnesota Statue 331A.02, 331A.07, and other applicable anon as a qualified newspaper, Lot 2, Block 1, Hamm's 2nd Addition. laws, as amended as Section 2. This ordinance shall be effective after adoption do thirty (30) days following Its legal publication. (8)Theprinted Ord. Noes Amend. p Cho '� 35 (Hamm+s Adopted this day of 1991. . Second Addition - Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication - Effective Date (Brackets () indicate matter to be deleted, which is attached was cut from the columns of said newspaper, sp per, and was Boldface indicates new matter.) printed and 1 Published once a week, for (Publ(stied In the PostNews June 19, 1991). Wednesday successive weeks; it was first published on 19th the day of June 91 i9 and was thereafter printed and published on every and printed below is a c to and inClud;ng the day of opy of the lower case alphabet from A to Z, both inclusive, which i19 s ing the size and kind of type used in the composition and publication of the notice: hereby acknowledged as be. abcdefghijklmnopgrstuvwxyz BY: TITLE: general Manager Acknowledged before me on 20th June this day of ,A -- Notary Public giamu 'NESO7ANTYES gY7.p,f N RATE INFORMATION (1) Lowest classified rate paid by commercial Usefor corn. s 1.70 (Lin Parable space. e) (2) Maximum rate allowed bylaw for the above matter. S (3) Rate actually charged for the above matter. (Line) .62 S (Line) . plS�llc jwsovw to be `�- the E Me .p+•op rezoning to ) to Ri (Muit�ple i t following described y Resin T 1, Hamm's A�"11i0n Yand2, commonly described rt ortt and 6501 Brooklyn 8 " nin9 has be" submitted by 1u yfi Real Finan tterick and cial R Epmmissioti ooterY P{ in titeBrobklYn Center ( t e ed 1 1991). PosiNews MaY POST PUBLICATIONS AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. Walter D. Roach being duly sworn, on oath says that he is the publisher or authorized agent and employee of the publisher of the newspaper known as the p(1gtNe1J t and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed Not. of Hear. on prop. rezoning-Hamm's Addition which is attached was cut from the columns of said newspaper, and was printed and published once a week, for 1 Wednesday .the 1st day of successive weeks: it was first published on May 19_ 1 , and was thereafter printed and published on every to and including the day of 19 and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be- ing the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopgrstuvwxyz Acknowledged before me on 2nd this day of May By: &��k General Manager TITLE: Notary Public `y DPODA 91 19 RATE INFORMATION (1) Lowest classified rate paid by commercial users for com- f 1.70 parable space. (Line) (2) Maximum rate allowed bylaw for the above matter. f (Line) • 62 (3) Rate actually charged for Me above matter. f (Line) CITY OF BROOKLYN CENTER CITY COUNCIL 6301 Shingle Creek Parkway NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Please take notice that the City Council of the City of Brooklyn Center will hold a public hearing on Monday, June 10, 1991 at approximately 7:05 p.m., at the City Hall, 6301 Shingle Creek Parkway to consider the petition described below: Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569-3300 to make arrangements. TYPE OF REQUEST: Rezoning PETITIONER: Ivan and Hazel Vetterick and Real Estate Financial Consultants, Inc. PROPERTY NAMED IN THE PETITION: 4010 65th Avenue North and 6501 Brooklyn Boulevard Legal Description: Lots 1 and 1, Block 1, Hamm's Addition BRIEF STATEMENT OF CONTENTS OF PETITION: Request to rezone a 30' x 100' portion of the property at 6501 Brooklyn Boulevard from C1 (Service/Office) to R5 (Multiple Family Residence). Respectfully, Ronald A. Warren Planning Commission Secretary CITY OF BROOKLYN CENTER PLANNING COMMISSION 6301 Shingle Creek Parkway 561-3330 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Please take notice that the Planning Commission of the City of Brooklyn Center will hold a public hearing on Thursday, May 16, 1991 at approximately 7:30 p.m., at the City Hall, 6301 Shingle Creek Parkway to consider the petition described below: Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569-3300 to make arrangements. TYPE OF REQUEST: Rezoning PETITIONER: Ivan/Hazel Vetterick and Real Estate Financial Consultants PROPERTY NAMED IN THE PETITION: 4010 65th Avenue North and 6501 Brooklyn Boulevard Legal Description: Lots 1 and 2, Block 1, Hamm's Addition BRIEF STATEMENT OF CONTENTS OF PETITION: To rezone 30` x 100` portion of the property at 6501 Brooklyn Boulevard from C1 (Service/Office) to R5 (Multiple Family Residential). Respectfully, �12 �Cz�a Ronald A. Warren Planning Commission Secretary The following property owners within 350 ft. have been notified of the proposed rezoning .submitted by Ivan/Hazel Vetterick and Real Estate Financial Consultants (Application #91007). Willard/Rita Bartos 4106 65th Ave N Brooklyn Center,MN 55429 Dennis/Pamela Huder Alvin/Marilyn Bremseth William/Pat. Williams 4100 65th Ave N 4024 65th Ave N 4018 65th Ave N Brooklyn Center,MN 55429 Brooklyn Center,MN 5.5429 Brooklyn Center,MN 55429 Arnold/Rose Friedl - Gregory/Diane Olson Merle C. Biggs 4012 65th Ave N 10901 Noble Ave. N. _ 4138 Bridge= Brooklyn Center,MN 55429 Champlin, MN 55316 e-� Water cir (owns 4006 65th Aire N. naffs Hts 55127 (3910 65th Ave N) Matthew/Debra Braun Russel/Mary Wald Eleanor Baldy 4023 65th Ave N . 4013 65th Ave N 4007 65th Ave N Brooklyn Center, MN 55429 Brooklyn Center,MN 55429 Brooklyn Center,MN 55429 Wi77iam/I1a Mae Wendt Invespro Brookpark Dental Cent 4001 65th Ave N 4775 Lovell Road #127 6437 Brooklyn Blvd. Brooklyn Center,MN 55429 Lexington, MN 55112 Brooklyn Center,MN 55429 (owns Unicorn Apts., 3907, 3909, 3911 65th Ave. N) Welcome Community Home Real Estate Fin. Cons. Clarence Dudley 6457 Brooklyn Blvd. 7845 Brooklyn Blvd. 6510 Brooklyn Blvd. Brooklyn Center,MN 55429 Brooklyn Center,MN 55429 Brooklyn Center,MN 55429 (owns 6501 B. Blvd.) Gen Olson H. and N. Nguyen David/Renee Paulat 6750 County Road 11OW 6515 Brooklyn Blvd. 6521 Brooklyn Blvd. Mound, MN 55304 Brooklyn Center,MN 55429 Brooklyn Center,MN 55429 (owns 6505 B. Blvd.) Gary/Vicki Zimmerman Hershal/Cheryl Olson Michael/Patricia Murphy 22750 Woodbine St. 6532 Brooklyn Blvd. 6449 Marlin Drive Box 171 Brooklyn Center,MN 55429 Brooklyn Center,MN 55429 St. Francis, MN 55070 (owns 6527 Brooklyn Blvd.) Julie A. Bible Lawrence/Patricia Schultz David/Diane Iverson 6443 Marlin Drive 6437 Marlin Drive 6431 Marlin Drive Brooklyn Center,MN 55429 Brooklyn Center,MN 55429 Brooklyn Center,MN 55429 Gene/Thelma Adams Floyd/Shirley Schmidt Kenneth/Bianca Olson 6442 Marlin Drive 6436 Marlin Drive 6430 Marlin Drive Brooklyn Center,MN 55429 Brooklyn Center,MN 55429 Brooklyn Center,MN 55429 APPLICANT/OWNER Joseph S. Stanek Henn. Co. Highway Dept. Ivan/Hazel Vetterick 6424 Marlin Drive 320 S. Washington Ave. 5865 Trading Post Trail Brooklyn Center,MN 55429 Hopkins, MN 55343 Afton, MN .55001 OWNER/APPLICANT -� Notices Mailed Dennis Vi11e11a C. Thomas Wilson B t_ Real Estate Fin. Cons. P. 0. Box 834 L.r6 7845 Brooklyn Blvd. New Ulm, MN 56073 Notic4s Mai ed- ri Brooklyn Park, MN 55445 (owns 6500 B. Blvd.) By (-Gee reverse side for Notices Mailed additional names) BY Notices Mailed By — HC 1016 (4-85) -Office of COUNTY RECORDER of Hennepin County, �Minn. ]Q Minneapolis, Minn . ................ 1�7 1.a� ...... _. hll.. RECEIVEDOF............'41 .......... nU...................... ..... .......... ......... ...................__..............for Record, the following instruments: NUMBER I � KIND OF INST. I f FEES I I _ i! I - CHECK # 1(o t 51 AMOUNT $ 3b • OU h A I I �Q -' RECORDINu Phtr 5 :h � � '''............. County Recorder ................................................... 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