HomeMy WebLinkAboutPC91001 - 8/16/91 - 4010 65th AvePLANNING COMMISSION FILE CHECKLIST
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FILE INFORMATION
Planning Commission Application No.
PROPERTY INFORMATION
Zoning:'
PLAN REFERENCE
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• 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
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APPLICATION
NO. 91007
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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.
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Minneapolis, Minn . ................ 1�7 1.a� ...... _. hll..
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