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Home My WebLink AboutPC91003 - 2/14/91 - 5201 Xerxes AvePLANNING COMAUSSION FILE CHECKLIST File Purge Date: r&1' 941 FILE INFORMATION Planning Commission Application No. �Ied.. 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 Tvoe 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 ally/y% City Vault City Vault 4r13 c� ,fey/�� City Vault 91-4"/ City Vault City Vault Historical Photographs: Planning Commission City Archieve CITY OF BROOKLYN CENTER PLANNING COMMISSION APPLICATION Application No. 91003 Please Print Clearly or Type Street Location of Property 5201 Xerxes Avenue North Legal Description of Property Owner Frances M. Lunacek See attached Exhibit A Address 5201 Xerxes Avenue North, Brooklyn Center, PIN Phone No. 537-2094 Applicant Frances M. Lunacek Address 5201 Xerxes Avenue North, Brooklyn Center, MN phone No. 537-2094 Type of Request: X Rezoning Subdivision Approval Variance Site & Bldg. Plan Approval Special Use Permit Other: Description of Request: See attached 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. Fee $ Receipt No. Frances M. Lunacek Applicant's 51 gnature Date: 14a I `t I � PLANNING COMMISSION RECOMMENDATION Dates of P.C. Consideration: ;Z//��G� i Approved X Denied this /��day of W, 19 , subject to the following conditions: CITY COUNCIL ACTION Chairman Dates of Council Consideration: � �a, /i/ e 4 Jo -a-, Approved ,/ Denied this v« day of 19 with the following amendment: erk P/I Form No. 18 (over please) DESCRIPTION OF REQUEST Background The applicant, Frances M. Lunacek, owns two adjacent parcels of property in the 5200 block of Xerxes Avenue North. The parcel at 5201 Xerxes Avenue North is Ms. Lunacek's residence and is zoned R-1. The other parcel has an apartment building located on it and is zoned R-5. For many years, Ms. Lunacek has used and treated a 41.03' by 131.98' strip of the apartment parcel as part of her personal residence. As the preliminary plat submitted herewith shows, the chain link fence which encloses Ms. Lunacek's personal residence extends around the 41.03' by 131.98' strip of land. If one were to view Ms. Lunacek's personal residence, one would think that the 41.03' by 131.98' strip of land was simply part of Ms. Lunacek's yard. Request In order to make the parcels consistent with the manner in which they have been used for many years, Ms. Lunacek requests that the 41.03' by 131.98' strip of land be subdivided from the apartment parcel, rezoned to R-1 and combined with her personal residence in accordance with the preliminary plat. L. DAVID HENNINGSON JAMES E. SNOXELL RICHARD J. KRAMBEER BRIAN D. STOFFERAHN STEVEN M. GRAFFUNDER JO ANNE JANKOWSKI WILLIAM C. SANDEN JO MARIE ALEXANDER HAND DELIVERED HENNINGSON & SNOXELL, LTD. Attorneys at Law (612) 560-5700 Telecopier (612) 560-0119 Mr. Ron Warren Mr. Gary Shallcross Planning and Inspection Department City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 LEGAL ASSISTANTS JANET L. MILLER CHERYL A. BROWN January 22, 1991 Re: Application of Frances M. Lunacek Property Address: 5201 Xerxes Avenue North Our File No. 15,393-01-06 Dear Messrs. Warren and Shallcross: Enclosed herewith please find the following documents: 1. Planning Commission Application; 2. Final Plat/RLS Approval Application; 3. Four copies of the preliminary plat; 4. Letter addressing the rezoning evaluation policy and review guidelines; and 5. A check in the amount of $450.00 for the rezoning and plat application fees. Please contact me right away if you need any additional information. Sincerely, HENNINGSON & SNOXELL, LTD. StevM. Graffunder SMG:id Encs. cc: Frances M. Lunacek (w/enc.) — 6160 Summit Drive, Sixth Floor, Minneapolis, Minnesota 55430-4001 L. DAVID HENNINGSON JAMES E. SNOXELL RICHARD J. KRAMBEER BRIAN D. STOFFERAHN STEVEN M. GRAFFUNDER JO ANNE JANKOWSKI WILLIAM C. SANDEN JO MARIE ALEXANDER HENNINGSON & SNOXELL, LTD. Attorneys at Law (612) 560-5700 Telecopier (612) 560-0119 Brooklyn Center Planning Commission City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 LEGAL ASSISTANTS JANET L. MILLER CHERYL A. BROWN January 22, 1991 Re: Frances M. Lunacek Rezoning and Replatting Application Our File No. 15,393-01-06 Dear Planning Commission Members: Pursuant to Section 35-208, the following is submitted to address the rezoning evaluation policy and review guidelines in connection with the application of Frances M. Lunacek. Guidelines 1. Is there a clear and public need or benefit? ANSWER: Yes, the public would benefit because the strip of land which is the subject of this rezoning application would retain its R-1 characteristics. In addition, the subject property has been treated as part of an R-1 parcel for many years. Rezoning the subject property would make the zoning and use consistent. 2. Is the proposed zoning consistent with and compatible with surrounding land use classifications? ANSWER: Yes, the neighborhood in question is residential. The properties to the north, east, and south of Ms. Lunacek's residence are zoned R-1. The properties directly to the west are zoned R-5. 3. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? ANSWER: Since the primary permitted use in an R-1 district is, of course, one -family dwellings, all permitted uses in the proposed zoning district can be contemplated for development of the subject property. 6160 Summit Drive, Sixth Floor, Minneapolis, Minnesota 55430-4001 Page 2 January 22, 1991 Brooklyn Center Planning Commission 4. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? ANSWER: To the best of the applicant's knowledge, there have not been substantial physical or zoning classification changes in the area. 5. In the case of city -initiated rezoning proposals, is there a broad public purpose evident? ANSWER: Not applicable. 6. Will the subject property bear fully the ordinance development restrictions for the proposed zoning districts? ANSWER: As far as the applicant knows, there are no ordinance development restrictions which the proposed zoning district could not bear. 7. Is the subject property generally unsuited for uses permitted in the present zoning district, with respect to size, configuration, topography or location? ANSWER: The strip of land which is the subject of this rezoning application is, by itself, too small for any of the uses permitted in the present zoning district, although the overall parcel of which the strip of land is currently a part is generally not unsuitable for the uses permitted in the present zoning district. 8. 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 interest of the community? ANSWER: Given the small parcel of land which is the subject of this rezoning application, the proposed rezoning would result in only a very slight expansion of the current R-1 property. The rezoning would be in the best interest of the community and surrounding neighborhood because it would enable Ms. Lunacek to sell the apartment parcel in the future if she so desired and prevent the purchaser from expanding the use of the property which is the subject of this rezoning application. Instead, the apartment parcel could be sold and the R-1 nature of the subject property could be preserved. Page 3 January 22, 1991 Brooklyn Center Planning Commission 9. Does the proposal demonstrate merit beyond the interest of an owner or owners of an individual parcel? ANSWER: For all the reasons stated in Ms. Lunacek's application and stated above, the rezoning application demonstrates merits beyond the interest of only Ms. Lunacek. Rezoning of the subject parcel of property would insure that the R-1 character of the property is retained and would continue to conform with the surrounding neighborhood. Sincerely, HENNINGSON & SNOXELL, LTD. i Ste"rt M. Graff dier SMG:id POST PUBLICATIONS AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. ,''alter D. Roach being duly sworn, on oath says that he is the publisher or authorized agent and employee of the publisher of the newspaper Po s tNe v.rs sP per known as the 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. Not, of Hear, on Proposed Rezoning; (8) The printed 5201 Xerxes Ave. N. which is attached was cut from the columns of said newspaper, and was printed and published once a week, for 1 lednesday 7Otr successive weeks; it was first published on the day of January 19 O 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 1St this day of BY: FC,4 � X � (ITManager TITLE: January Notary Public '1 �' iQTA My LS,... -9J RATE INFORMATION (1) Lowest classified rate paid by commercial users for com, $ 1 - 70 parable space. (Line) (2) Maximum rate allowed bylaw for the above matter. $ (Line) . 2 (3) Rate actually charged for the above matter. $ (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, February 25, 1991 at approximately 7:15 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: Frances Lunacek PROPERTY NAMED IN THE PETITION: 5211 Xerxes Avenue North Legal Description: Lot 1, Block 1, R. R. McChesney and Sons 2nd Addition according to the plat of record thereof, Hennepin County, Minnesota together with the east 165.00 feet of the South 109.42 feet of the North 664.85 feet of the Northeast Quarter of the Northeast Quarter of Section 10, Township 118, Range 21, Hennepin County. BRIEF STATEMENT OF CONTENTS OF PETITION: To rezone a portion of the property from R5 (Multiple Family Residence) to Rl (Single Family Residence). Respectfully, // l Ronald A. Warren Planning Commisson Secretary CITY OF BROOKLYN CENTER PLANNING COMMISSION 6301 Shingle Creek Parkway 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, February 14, 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: Frances M. Lunacek PROPERTY NAMED IN THE PETITION: 5211 Xerxes Avenue North Legal Description: Lot 1, Block 1, R. R. McChesney and Sons 2nd Addition according to the plat of record thereof, Hennepin County, Minnesota together with the east 165.00 feet of the South 109.42 feet of the North 664.85 feet of the Northeast Quarter of the Northeast Quarter of Section 10, Township 118, Range 21, Hennepin County. BRIEF STATEMENT OF CONTENTS OF PETITION: To rezone a portion of the property from R5 (Multiple Family Residence) to R1 (Single Family Residence). Respectfully, Ronald A. Warren Planning Commission Secretary • THE'FOLLOWING PROPERTY OWNERS WITHIN 350 FT. HAVE BEEN NOTIFIED OF THE PROPOSED REZONING SUBMITTED BY FRANCES LUNACEK (Application No. 91003) Timothy & Ann Olson 5123 Xerxes Avenue North Brooklyn Center, MN 55430 Clarence & Anne Bergquist 5133 Xerxes Avenue North Brooklyn Center, MN 55430 Donald & Lila Oine 5139 Xerxes Avenue North Brooklyn Center, MN 55430 James M. Lunacek 5145 Xerxes Avenue North Brooklyn Center, MN 55430 Dennis J. Bona 3977 Tyler St. N. E. Minneapolis, MN 55421 (owns 5207 Xerxes Ave. N. apt,) Ann M. Patnode 5223 Xerxes Avenue North Brooklyn Center, MN 55430 Joseph Gores 5233 Xerxes Avenue North Brooklyn Center, MN 55430 Al Krawiecki Gilman, MN 56333 (owns 5209 Xerxes Ave. N. apt.) City of Mpls. Planning & Development 822 South 3rd Street, Room 310 Minneapolis, MN 55415 Minnesota Highway Dept. 2055 N. Lilac Drive Golden Valley, MN 55422 Jean L. Ward 5243 Xerxes Avenue North Brooklyn Center, MN 55430 5211 Xerxes Ave. N. (o►•med by Mrs. Lunacek) SE Neighborhood Advisory Group SW Neighborhood Advisory Group OWNER/APPLICANT: Frances M. Lunacek 5201 Xerxes Avenue North Brooklyn Center, MN 55430 Steven M. Graffunder, Atty. Henningson & Snoxell, Ltd. 6160 Summit Drive- Gth floor Brooklyn Center, MN 55430 NOTI MAILED B Y_ NnTT(.FS MA ED XOTICES B NOTI LtIAILED BY