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HomeMy WebLinkAbout2000-002 - 5308 & 5316 Twin Lake Blvd FULL PACKETCity of Brooklyn Center D0r Planning Commission Application Date Received Application No. a 0 LI) Please Print Clearly or Ty" Address/Street Location of Property S 3o b' j 5-3/6 E-c- S rt %4), G a Z 14, Legal Description of Property CC4CLC� M e. ri- f- -�n � 4 L.4 C ,ac s Cu�c�c..,; Owner �a7 Sc�.�.G�(� Alo Phone No.-535-Y;v4X (Sc-C_C_401^) Address 5-3k, Fes - La tcr-- I (v 4. Applicant ScU_ M t- Phone No. Address Type of Request ❑ Rezoning of Request: Subdivision Approval Other: t ED Variance i ❑ Special Use Permit ❑ Site & Building Plan Approval aY" L Application Fee $ /QO Oa Receipt No. & Ro6 6)/4 (4 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 ovj��0. bliga�'on to pay costs incurred prior to withdrawal. //It a7 scite-'A., i%// �� Applicant (Please Print) L., 0 Applicant's Signature PLANNING COMMISSION RECOMMENDATION Dates of P. C. Consideration: .3 - /6 _D b Approved V Denied following conditions: this Al day of U J� r, 20 subject to the CITY COUNCIL ACTION Dates of Council Consideration: ..3 - ok % • o o Approved V Denied amendment: Chairman this 11±hday of 4,0 TcK 20 OO , with the following Revised 6-99 Application Filed on 3-1-00 City Council Action Should Be Taken by 4-30-00 (60 Days) Planning Commission Information Sheet Application No. 2000-002 Applicant: Jay Scheffler and Adolph & Doris Smietana Location: 5308 and 5316 East Twin Lake Boulevard Request: Variance (Subdivision by Metes and Bounds) The applicants, Jay Scheffler (5308 East Twin Lake Boulevard) and Adolph and Doris Smietana (5316 East Twin Lake Boulevard), are requesting a variance to allow a subdivision of land by metes and bounds description rather than by a formal plat. The purpose of the division is to relocate the common property line between the two properties. The properties in question are 5308 East Twin Lake Boulevard (Lot 10, Malcolm's Lakeview Addition) owned by Mr. Scheffler and 5316 East Twin Lake Boulevard (Lot 11, Malcolm's Lakeview Addition) owned by the Smietanas. They are zoned R-1 and are located on the east side of East Twin Lake Boulevard, just northerly of 53rd Avenue and are surrounded by other single family residential properties. The intention is to divide off a triangular portion along the south side of the Smietana property, using a metes and bounds description, so that it can be conveyed and combined with the Scheffler property. Section 15-104 of the city ordinances requires division of lands to be done through a formal plat or registered land survey unless the City Council, by variance, allows otherwise. The applicants have submitted a survey of the two properties showing the triangular shaped parcel to be conveyed. It is 14.5 ft. wide along the East Twin Lake Boulevard right of way and would be approximately 596 sq. ft. in area. The division would make the south property line of the Smietana property (north property line of the Scheffler property) 82.24 ft. deep. The survey shows that the division would not create any setback encroachments nor would it create any lot deficiencies if approved. The loss of 596 sq. ft. from 5316 East Twin Lake Boulevard would leave it with a new lot area of 9,507 sq. ft. Minimum lot requirements in the R-1 zone for interior lots are 75 ft. in width and 9,500 sq. ft. in area. Currently, 5308 East Twin Lake Boulevard is deficient in area and, according to the information provided, the additional land would make it approximately 9,507 sq. ft. in area also. The transfer would make it a "conforming" lot. Both lots are deficient in minimum lot depth of 110 ft. 5308 East Twin Lake Boulevard has a lot depth of 102.2 ft. at the south property line and would be 82.24 ft. at the new northerly property line while 5316 East Twin Lake Boulevard has a lot depth of 80.36 ft. at the north property line. 3-16-00 Page 1 The applicants have submitted a letter with their variance application indicating that Mr. Scheffler wishes to purchase a small piece of land from the Smietanas. They have had an unrecorded agreement for a number of years for Mr. Scheffler to use a portion of the Smietana property. The Smietanas are planning to sell their home in the near future and Mr. Scheffler is concerned that new owners may not grant him the same use of the property that he experiences now. The letter indicates that the purpose of the conveyance will allow Mr. Scheffler the continued use and enjoyment of this property and will not create a new lot. They indicate that the granting of the variance will relieve the parties of the burdensome time and expense of going through the entire formal platting process. They also note that they believe granting of the variance will not be detrimental to the public welfare or injurious to any other property in the area and note that the Smietana property will still meet city ordinance standards. They also indicate that they are aware that the City has also granted similar variance requests in the past. Under the City's Subdivision Ordinance, divisions of land are to be performed by a plat or registered land survey unless the City Council, by variance, allows otherwise. Section 15-112 of the Subdivision Ordinance authorizes the Council to grant variances from their regulations, when in their opinion, undue hardship may result from strict compliance. In making its findings, the City Council must take into consideration the nature of the proposed use of land, the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable affect of the proposed subdivision upon traffic conditions in the vicinity. To grant a variance, the City Council must find: 1. That there are special circumstances or conditions affecting said property such that strict application of the provisions of the ordinance would deprive the applicant of the reasonable use of his/her land. 2. That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner. 3. That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated. As pointed out in the applicant's letter, it is their contention that to require the formal platting process for this division is overly expensive, burdensome and unnecessary in that no new legal lots are being created with the division of land and that their is substantial precedent for granting similar variances. We would concur with the applicant's comments and, in this case, we do believe the standards for variance can be met. Also, there is much precedent for the granting of metes and bounds division variances in cases such as this. Such variances were quite common prior to 1978. Since that time, at least six such divisions have been approved through the variance process by the City Council. The variances that have been granted typically site the right of the property owner to 3-16-00 Page 2 divide his/her property and the hardship of bearing full platting costs to divide the property by plat. Also, the division of land by metes and bounds have been allowed provided that: 1. No new buildable lots were created; 2. The underlying land is platted property; and 3. No lot or setback variances were implied and that all lot area requirements can be met. In our opinion, the proposed metes and bounds description variance requested by the applicants appears to meet both the variance standards contained in Section 15-112 of the city ordinances and also the City's policy regarding the division of land by metes and bounds description. A public hearing has been scheduled and notices to surrounding property owners have been sent. RECOMMENDATION Again, it is believed that the standards for variance and the City's policy regarding subdivisions by metes and bounds descriptions have been met in this case. Therefore, approval of this application is recommended noting the above findings and subject to at least the following conditions: 1. The legal descriptions and survey showing the division of Lot 11, Malcolm's Lakeview Addition shall be filed with Hennepin County. 2. Once new legal descriptions have been established, the City Assessor is authorized to allow the combination to Lot 10, Malcolm's Lakeview Addition for tax purposes. 3-16-00 Page 3 -a A _ s x e March 1, 2000 Planning Commission City of Brooklyn Center We the undersigned, are requesting a variance from the subdivision ordinance requirement to allow a metes and bounds description for purposes of conveyance. Jay Scheffler wishes to purchase a small piece of land from Adolph and Doris Smietana. Through agreement with Mr. & Mrs. Smietana, Mr. Scheffler has been using this property for several years. The Smietana's are planning to sell their home in the near future and Mr. Scheffler is concerned that the new owners may not grant him the same use. The sole purpose of this conveyance will be to allow Mr. Scheffler the continued use and enjoyment of his property and not to create a new lot. The granting of this variance will relieve the parties of the burdensome time and expense of going through the entire platting process. We do not believe that the granting of this variance will be detrimental to the public welfare or injurious to any other property in the area as the Smietana's lot will still meet the city's standards. Since the city has granted approval from the subdivision ordinance requirement in the past we are hopeful this variance request will also be approved. Thank you for your consideration on this matter. Respectfully, i Scheffler Ado�14Smietana Doris Smietana March 1, 2000 We, Adolph and Doris Smietana authorize Jay Scheffler to speak on our behalf before the Planning Commission and City Council regarding variance from subdivision requirement to allow a metes and bounds division of our properties. Adolph Smietana Doris Smietana aitn Xyzo & 4�.;qsioal,izi, _Ync- PROFESSIONAL LAND SURVEYORS AND LAND DEVELOPMENT CONSULTANTS (612) 4Z1-9126 13621 VINEWOOD LANE DAYTON, MN 55327 REVISED DESCRIPTIONS FOR MR. JAY SCHEFFLER Lot 10, Malcolm's Lakeview Addition, and that part of Lot 11, Malcolm's Lakeview Addition described as lying southerly of the following described line; Beginning at the southeaster"ly. most corner of said Lot 11; thence northwesterly to a point on the westerly line of said Lot 11 being 14.50 feet northerly of the southwesterly most corner of said Lot 1.1, as measured along said westerly line of said Lot 11 and said line there terminating. REVISED DESCRIPTION FOR LOT 11 That part of Lot 11, Malcolm's Lakeview Addition. lying northerly of the following described line. Beginning at the southeasterly most corner of said Lot 11; thence northwesterly to a point on the.westerly line of said Lot 11 being 14.50 feet northerly of the southwesterly most corner of said Lot 11, as measured along the westerly line of said Lot 11 and said line there terminating. The area of Lot 11 as described above is 9,507 Square feet. I hereby certify that the above Proposed Descriptions were prepared by me or under my direct supervision and that I am a duly Licensed Professional Land Surveyor under the laws of the St -ate of Minnesota. y Minnesota License No. 12267 Sf/EE T / cF' z S�EEr�< gim .5yzo .:::4ssoaiatz4 gtza PROFESSIONAL LAND SURVEYORS AND LAND DEVELOPMENT CONSULTANTS (612) 421-9126 13621 VINEWOOD LANE DAYTON. MN 55327 � 8�•3� Irof �f � I \ 96 a vi 1 41 L ° �0 m aL. 751 - �S c z� o 8z 137" ./IC 41 1 L= /¢•Sa po 01 AW10 /%aeof l i . -• cr2�� , S t l 1J0,� 0 O 5S' 1 �r - K Sy9 z z-' 44-" / 49 SWE'E' T Z