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HomeMy WebLinkAboutPC86005 - 2/13/86 - 5312 Russell AvePLANNING COABMSION FILE CHECKLIST File Purge Date: /z" 9S FILE INFORMATION Planning Commission Application No. PROPERTY INFORMATION Zoning: I 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 P031-e6 City Vault City Vault City Vault City Vault City Vault Historical Photographs: Planning Commission City Archieve CITY OF BROOKLYN CENTER PLANNING COMMISSION APPLICATION Street Location of Property Legal Description of Property Owner Robert L. Hansen Application No. 86005 Please Print Clearly or Type 5312 Russell Avenue North North h of Lot 4 and all of Lot 5, Block 2 R.L. Hansen's 1st Addition Address 4951 Logan Avenue North Phone No. 522-8086 Applicant Stephen L. Cook Address 5115 Russell Avenue North Phone No. 521-8955 Type of Request: Rezoning Subdivision Approval X Variance Site & Bldg. Plan Approval Special Use Permit Other: Description of Request: Variance from Section 35-400 to allow less than the required lot area for a two-family dwelling. 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. I/ Fee $ 50.00 Applicant's Signature Receipt No. 69946 Date: January 30, 1986 PLANNING COMMISSION RECOMMENDATION Dates of P.C. Consideration: Approved '�' D 2 NN Denied ed this 7 day of 19subject to the following conditions: CITY COUNCIL ACTION Dates of Council Consideration: 1 c�,2- elf�c1, -cam L/ Approved Denied amendment: s this day of J_11_4t4&4 19 �� , with the following P/I Form No. 18 (over please) erk Planning Commission Information Sheet Application No. 86005 Applicant: Stephen L. Cook Location: 5312 Russell Avenue.North Request: Variance. The applicant requests a variance from Section 35-400 of the Zoning Ordinance to allow construction of a duplex on a lot that is deficient in area. The property in question is zoned R2 and is bounded on the north by a duplex, on the east and south by single-family homes, and on the west by Russell Avenue North. Two-family dwellings are permitted uses in the R2 zoning district. Specifically, the applicant wishes to build on two parcels of land that are combined for tax purposes and are for sale jointly. One lot is 60.5' wide by 133.45' deep. The other half -lot to the south is 30.25' wide by the same depth. The total area of the combined lots is 12,110 sq. ft. The Zoning Ordinance requires that two- family dwellings in the R2 zoning district have a land area of 6,200 sq. ft. per dwelling unit, or 12,400 sq. ft. for the total structure. The deficiency in this case is, therefore, 290 sq. ft. (approximately 2.34%). A lot area variance is subject to the standards set forth in Section 35-240 of the Zoning Ordinance and Section 15-112 of the Subdivision Ordinance (see both attached). In general, these standards require that: the circumstances of the property be unique; that the applicant will suffer a hardship if the ordinance is strictly followed because he/she will be denied the reasonable use of their property; that the circumstance was not caused by the applicant or the -property owner past or present; and that the granting of the variance will not be detrimental to the sur- rounding neighborhood. The applicant, Mr. Stephen Cook, has submitted a letter (attached) addressing the variance standards. Mr. Cook points out that the 60' lot is buildable by itself for a single-family dwelling and that, if the variance is denied, he would have no reason to buy the additional 30' wide lot. He states that, to the best of his knowledge, the situation in question is unique and not common in the R2 district. Mr. Cook goes on to say that the situation has not been caused intentionally by anyone by anyone presently or formerly having an interest in the parcel of land and also that granting the variance would not be detrimental to. . . the neighbor- hood. The letter does not really reason how the standards are met, but, for the most part, simply asserts that they are met. While the applicant's arguments are understated, we agree with the conclusion. Given the alternatives (two single-family homes with a 30' no-man's land left tax delinquent in between), it would seem unreasonable in this case to deny the variance request. The situation is fairly unique. There are other vacant multiple - lot combinations in the city, but, in most of those cases, both lots are buildable in their own right (eg. two 40' wide lots which, under Section 35-500 are usually buildable). The situation has no.t been created by the property owner. The existino R2 zoning and the lot area requirement for a duplex have come about after the proper- ty was subdivided. Finally, there is no real negative impact on the surrounding neighborhood. There are four additional duplexes further north on Russell Avenue North and an additional 12 duplexes within a two block radius of the property. It should be noted that the current owner of the property in question (who is also the former owner of 5300 Russell Avenue North, the house to the south) has submitted a letter also requesting that the variance be granted (see attached). 2-13-86 -1 Application No. 86005 continued The general policy on lot variances over the last 10 years or so has been to allow a variance if two of the three lot requirements (area, width and depth) are met. The width requirement for a two-family interior lot is 75'. The minimum depth is 110'. Both these requirements are met in this case. It would, therefore, seem consistent with past policy to approve the variance request. Section 35-540 of the Zoning Ordinance requires that multiple parcels devoted to a single use must be combined into.a single parcel through platting or registered land survey. Accordingly, staff would recommend that the application be approved subject to the following condition: 1. The property in question shall be combined into a single parcel through platting or registered land survey, said plat or R.L.S. to be filed at the County prior to the issuance of a building permit. u 2-13-86 -2- �ii am am BUS 4612)544-7619 LAND SURVEYORS SURVEYING d LAND PLANNING 1415 NORTH LILAC DRIVE. GOLDEN VALLEY MN 55422 30 Certificate for: STEVE 133. 45 - �p' �' 4113 I D�ivewoy c � h -N h 01 cj .I 0 -�- ti GuP/ex h N � as 33 I` atr 30 North i2 of lot 4 and o// of lot 5, block Z, ROBERT 1. H191VSEN'S FIRST ADDITION, Hennepin County, Minnesota . of Survey COOK `e � 4,5 N U C 4 Qj 3 3 2 r ❑1 13 e� Ire --� i4- 56 vti ii e44.z Denotes existing elevation SGAL E : Ir= �O Denotes directlori of drainage o Deno —s iron monument WE HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF THE LAND ABOVE DESCRIBED AND OF THE LOCATION OF ALL BUILDINGS, IF ANY THEREON, AND ALL VISIBLE ENCROACHMENTS, IF ANY, FROM OR ON SAID LAND Dated thisVhJ day of )anuory A D 19 &' Reused P17oPos--d bo%d7y ona eev ..�tv. 7r%'rd ;/� Job No. t?OB.oI 1lio�j .;nd' c°i � , nto. 7/ i/6a �v/JAA) � � Book � Page 6� by ,2~•' Sec. T. R. Surveyor, Minnesota Registration No IL IL ri IL k• t�'•: r- i-i -7!ou [G!eA f °i L5: • t + ems— �Y—'=-Td'T. , tI Z'111 I y 7.115L #21 �. a' I. N 1<• l i ZOM -14 y r f:. �`, � • Q ---- III t�`;' � �' Cp 77 I� T I `. j �J 1� Y �.-! 1 f .I ij ; • . ,1t�_ ;�.. }J' tsr - to�'L.(r�- j . I I I To SLZII C i 11 � II � r � --� i� I, I i 1�0 �•) jl MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Ronald A. Warren, Director of Planning and InspectioFiJ,�_;�CLUA DATE: August 7, 1986 SUBJECT: Amended Building Plan for Stephen Cook at 5312 Russell Avenue North During the past six months the Planning Commission and City Council had considered two applications submitted by Stephen Cook involving the property at 5312 Russell Avenue North. The first application (Application No. 86005) was a request for a lot area variance so that Mr. Cook could construct a two-family dwelling in the R2 zoning district. That application was approved by the City Council on February 24, 1986 subject to replatting of the property into a single parcel and review by the City Council of a site and building plan for the purpose of possibly adding conditions necessary to protect the health, safety and welfare of the neighborhood. The other applicationsubmitted by Mr. Cook (Application No. 86013) was for preliminary plat approval at which time he also submitted a site and building plan indicating his proposal for developing a two-family dwelling on the parcel. That application, along with the final plat, was approved by the City Council on April 7, 1986. Mr. Cook's plan was for a 56' x 46' side -by -side two-family dwelling to be situated in approximately in the center of the lot set back approximately 17.5' from the north property line and 16.36' from the south property line. Attached are copies of the information sheets, Planning Commission minutes, City Council minutes and the site and building plans relating to Planning Commission Application Nos. 86005 and 86013 for your review. Mr. Cook, apparently for financial reasons, is unable to build that plan and has submitted a revised proposal for an upper -lower type of two-family dwelling with an attached three car garage/entry area. The building will have the appearance of a single-family split entry home with an attached three car garage, although it would be a legal two-family dwelling. The dimensions are 28' x 44' for the upper -lower dwelling units, 40' x 22' for the attached garage/entry area. It will be located in the center of the lot with an 11' setback from the north property line and 11.75' setback from the south property line. The upper unit, which Mr. Cook and his family plan to occupy, would be three bedrooms while the lower unit would be two bedrooms. Attached are copies of Mr. Cook's current site plan and the building and floor plans for his proposal. These applications generated some concern and comments from neighbors in the area as is indicated in the minutes. Due to the changes, and the fact that the Council had required its review of the plans, the matter must go back to the City Council before Mr. Cook can obtain permits to construct the project. We have sent an informational notice (attached) to those neighbors that had previously been contacted indicating that the Council may take additional comments. Mr. Cook's amended plans are in conformance with all Zoning Ordinance requirements. It is my opinion that the development of the new plan will not be detrimental to the health, safety, and welfare of the neighborhood. Therefore, it is recommended that the City Council acknowledge the amended plans as being consistent with its past approvals and authorize the issuance of the building permits subject to compliance with Building Code requirements. RAW:mlg h��2a2�31 . hti JA N lq�,. Vic, RECEive DROOWN CENTER, M, 0 NN,co 5115 Russell Avenue North Minneapolis, MN 55430 January 29, 1986 TO: City of Brooklyn Center Board of Adjustments and Appeals FROM: Stephen and Karen Cook SUBJECT: Request for variance I am presently purchasing the property which is described in the Certificate of Survey from one Robert L. Hanson with the intention of constructing an owner -occupied double bungalow for my permanent residence. I have been informed by the City of Brooklyn Center Planning Department that there is a slight discrepancy in allowable square footage of lot size for this structure. I am therefore making application for this variance consideration. Having reviewed your standards and procedures for zoning ordinance variance, my understanding of the criteria for meeting these standards are as follows: A. The property as shown on the city plat map consists of two parcels of land, one 60-foot building lot and one 30-foot nonbuilding lot. The combination of these two parcels with a variance acceptance would create one buildable lot for a double bungalow. If a variance should not be granted, I would have no alternative but to build a single-family dwelling in a block of multiple -dwelling homes. B. To the best of our knowledge, the division of the two parcels of land and the square footage discrepancy are unique to this parcel of land and are not common to the other properties within the same zoning classifications. C. This situation in my estimation has not been intentionally created by any persons presently or formerly having an interest in this property. D. The granting of this variance in my estimation would not be detrimental to the welfare of other land or improvements in the neighborhood. `J