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Home My WebLink About2003-013 - 8/14/03 - 6213 Unity Ave FULL PACKETCity of Brooklyn Center Planning Commission Application Date Received Application No. aCC 0 j 3 Address/Street Location of Property — Legal Description of Property A C Z- VA2> A, (_`/ Owner, jam,I it --S �J) Al�%�C ;V Phone No. f �� L' Address Applicant c /� �� - GU f�IL,_ G A, -Phone -� No. Address Variance Special Use Permit Type of Request: q Rezoning Subdivision Approval Site & Building Plan Approval Other: Application Fee $�1? Acct No. 10100-4403 Receipt No. 9-7-5/ 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 statement, 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 will be in addition to the application fee described herein. Withdrawal of the application will not relieve the applicant of the obligation to pay costs incurred prior to withdrawal. Applicant (Please Print) Applicant's Signature PLANNING COMMISSION RECOMMENDATION Dates of P. C. Consideration: ' i`/ - C Approved Denied this l f - day of Ak y w 6 t 20 0.) subject to the following conditions: Chairman ----------------- ------------------------------------------- [`ITY COUNC11 ACTION Dates of Council Consideration: `�,.� C, C - Approved Y Denied this,? — day of - << 1 20 c-. j , with the following amendment: -- Clerk City of Brooklyn Center A Millennium Community September 29, 2003 Bernard & Kathleen Swanson 6213 Unity Ave N Brooklyn Center, MN 55429 Dear Mr. and Mrs. Swanson This letter is to inform you of the action taken regarding Planning Commission Application No. 2003-013. Enclosed is an excerpt from the minutes of the Planning Commission meeting, the City Council meeting and the Planning Commission Information Sheet pertaining to your application for Re -Subdivision approval. If you have questions or comments regarding this matter, please contact me. Sincerely, Ronald A. Warren Planning Commission Secretary RAW:rsc Enclosures CC: File No. 2003-013 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall & TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityofbrooklyncenter.org APPLICATION NO.2003-013-BERNARD AND KATHLEEN SWANSON Chair Willson introduced Application No. 2003-013, a request from Bernard and Kathleen Swanson, seeking approval to uncombine, or resubdivide, their property (addressed as 6213 Unity Avenue North) to reestablish two platted lots that were combined for tax purposes. This would allow the two lots to be used and sold separately. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 8-14-03 for Application No. 2003-013, attached.) He explained that the applicants plan to file the survey they have submitted with Hennepin County to reestablish the old lots and to sell them separately. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO.2003-013 — BERNARD AND KATHLEEN SWANSON There was a motion by Commissioner Erdmann, seconded by Commissioner Newman, to recommend to the City Council that it approve Application No. 2003-013, submitted by Bernard and Kathleen Swanson for approval to uncombine, or resubdivide, their property (addressed as 6213 Unity Avenue North) to reestablish two platted lots for tax purposes subject to the following conditions: 1. The legal descriptions and survey showing the reestablishment of the underlying lots shall be filed with Hennepin County. 2. The City Assessor is authorized to process the resubdivision in conjunction with Hennepin County. 3. The resubdivision approval does not comprehend approval of any other action pertaining to the use of the property. Voting in favor: Chair Willson, Commissioners, Erdmann, Newman, Rahn, and Reem. The motion passed unanimously. The Council will consider the application at its August 25, 2003 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. APPLICATION NO 2003 014 — EASTBROOK PROPERTIES LLC (DAVID EVANSON) Chair Willson introduced Application No. 2003-014, a request from Eastbrook Properties, LLC, for Preliminary Plat approval to subdivide the lot at 711 69`h Avenue North into six single family lots, an outlot and street right of way. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 8-14-03 for Application No. 2003-014 and the Director of Public Works' memo dated 8-12-03, attached.) The property in question is zoned R-1 (One Family Residence) and is located between 68`h and 69,' Avenues North, east of Aldrich Avenue North. The proposed plat would be divided into six buildable lots and an outlot. 8-14-03 Page 4 Councilmember Lasman discussed that this site has had difficulties and that given the project looks beneficial and would create a tax base she would support a motion. Councilmember Carmody said that she would second that motion; however, she had some questions about the traffic in that area. Mr. Warren informed that, as part of the proposal a turn lane would be installed off of 69`h Avenue for westbound traffic, and that there is a walkway in the area. Motion passed unanimously. RESOLUTION NO. 2003-124 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO.2003-012 SUBMITTED BY SPM CONSTRUCTION CO. AND HOLIDAY STATIONSTORES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve first reading and set second reading and public hearing on September 22, 2003. Motion passed unanimously. 11b. PLANNING COMMISSION APPLICATION NO.2003-013 SUBMITTED BY BERNARD AND KATHLEEN SWANSON. REQUEST TO UNCOMBINE, OR RESUBDIVIDE, TWO PLATTED LOTS THAT HAD PREVIOUSLY BEEN COMBINED FOR TAX PURPOSES AT 6213 UNITY AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS AUGUST 14, 2003, MEETING. Mr. McCauley discussed that Planning Commission Application No. 2003-013 would be to uncombine or resubdivide two platted lots that had previously been combined for tax purposes at 6213 Unity Avenue. The Planning Commission recommended approval of Planning Commission Application No. 2003-013 subject to the following conditions at its August 14, 2003, meeting: 1. The legal descriptions and survey showing the reestablishment of the underlying lots shall be filed with Hennepin County. 2. The City Assessor is authorized to process the resubdivision in conjunction with Hennepin County. 3. The resubdivision approval does not comprehend approval of any other action pertaining to the use of the property. 08/25/03 -8- Councilmember Carmody questioned the third lot in the area. Mr. Warren informed that the City owned the third lot. A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve Planning Commission Application No. 2003-013 subject to the above conditions. Motion passed unanimously. 11 c. PLANNING COMMISSION APPLICATION NO.2003-014 SUBMITTED BY EASTBROOK PROPERTIES, LLC (DAVID EVANSON). REQUEST FOR PRELIMINARY PLAT APPROVAL TO SUBDIVIDE THE LOT AT 71169Tx AVENUE NORTH INTO SIX SINGLE FAMILY LOTS, AN OUTLOT AND STREET RIGHT -OF- WAY. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS AUGUST 14, 2003, MEETING. Mr. McCauley discussed Planning Commission Application No. 2003-014 requesting for a preliminary plat approval to subdivide the lot at 711 69 h Avenue North into six single-family lots and presented a PowerPoint presentation on the layout of the six lots. He informed that the Planning Commission recommended approval of Planning Commission Application No. 2003-014 subject to the following conditions at its August 14, 2003, meeting: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The accessory building indicated on the proposed Lot 3, Block 1, shall be removed prior to final plat approval. 4. The plat shall be modified to show drainage and utility easements along property lines consistent with the recommendations of the City Engineer. 5. The applicant shall enter into a subdivision agreement as approved by the City Engineer regarding various subdivision improvements required for this plat. 6. Future subdivisions in this area shall be consistent with the master plan submitted with this application. Councilmember Carmody asked about the type of housing and cost. Dave Evanson, Eastbrook Properties, addressed the Council to discuss that the homes would be single-family detached homes and that he anticipates the cost to be mid $200,000. A motion by Councilmember Lasman to approve Planning Commission Application No. 2003-014 subject to the above conditions. 08/25/03 -9- Application Filed on 7-22-03 City Council Action Should Be Taken By 9-20-03 (60 Days) Planning Commission Information Sheet Application No. 2003-013 Applicant: Bernard and Kathleen Swanson Location: 6213 Unity Avenue North Request: Re -Subdivision Approval The applicants, Bernard and Kathleen Swanson, are seeking approval to uncombine, or resubdivide, their property 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-1 (One Family Residence) and is located on the west side of Unity Avenue, north of 62nd Avenue. It is surrounded on the north and south by R-1 zoned property containing a single family home on the north and a vacant lot owned by the City of Brooklyn Center to the south; on the east by Unity Avenue with single family homes on the opposite side of the street; and on the west by the boundary with the City of Brooklyn Park and property owned by the Metropolitan Airports Commission (MAC). The lot is currently 150 ft. wide by 127 ft. deep and is 19,050 sq. ft. in area. The legal description is Lots 6 and 7, Block 3, Lynn Lee Addition and was combined for tax purposes as mentioned above, by the owners a number of years ago. Lot 6 (northerly lot) is 75 ft. wide by 127 ft. deep, 9,525 sq. ft. in area and contains a house and garage. Lot 7 (southerly lot) is also 75 ft. wide by 127 ft. deep, 9,525 sq. ft. in area and is void of structures. The applicants plan to file the survey they have submitted with Hennepin County to reestablish the old lots and to ultimately sell them separately. The process of combining parcels for tax purposes is an administrative procedure that combines lots 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 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 requestors 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. No such encroachments or impediments exist in this case to prevent the uncombination, or resubdivision, of the lots. The reestablishment of Lot 7 will mean that the old address of 6207 Unity Avenue North will be attached to this lot. Lot 6 will remain addressed as 6213 Unity Avenue North. 8-14-03 Page 1 The information submitted by the applicants shows no impediment to the reestablishment of the old underlying properties. Approval of this application is recommended subject to at least the following conditions: 1. The legal descriptions and survey showing the reestablishment of the underlying lots shall be filed with Hennepin County. 2. The City Assessor is authorized to process the resubdivision in conjunction with Hennepin County. 3. The resubdivision approval does not comprehend approval of any other action pertaining to the use of the property. 8-14-03 Page 2