HomeMy WebLinkAboutPC73013 - 5/24/73 - 6521 Brooklyn BlvdPb.ANING COMMISSION FILE ChtCKLIST
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Project Number: y3a/3
PROPERTY INFORMATION
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COMMERCIAL/INDUSTRIAL PROPERTY FILES CHECKLIST
CITY OF BrOOKLYN CENTER
Planning Ccmmissicn Application
Application No. 73013
Street Location of Property 6521 Brooklyn Boulevard
Legal Description of Property Lot 3 Block 1 Northgate Addition
Owner Mike Harrer
Address 6521 Brooklyn Boulevard
Telephone No. 535-2897
Applicant Same [address
Telephone No.
Type of Request: Rezoning Subdivision Approval
x Variance Site & Bldg. Plans
Special Use Other
Permit
Description and Reason for Request: Variance from Section 35-111
to permit construction of addition - needed due to size of
family of homeowner
Fee $ 10.00
Receipt No. 37269
,applicant
Date
PLANNING C01,12VIISSION RECOV14ENDATION
Dates of P. C. Consideration:I -%
Approved Deni this J]62 day of UL3 'T
19, ct to the following conditions:_
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CITY COUNCIL ACTION
Dates of Council Con:-Jideration: 1
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P.�NNING COMMISSION INFORMATION S03ET
Application No.
Applicant:
Location:
Request t
BACKGROUM:
73013
mike Hamer
6521. Brooklyn Boulevard
Variance
The applicant is seeking a variance from Section 35-111
"nonconforming uses) to pemAt construction of an addition
to a single family dwelling located in the P,--5 district.
Section 35--111 provides that "a nonconforraing use of a
building existing at, the time of the adoption of this
ordinance may be extended ti-aroughout the building, pro-
vided no structural alterations except those recpAred by
ordinance: law, or other regulation are inade therein"
it is the applicant's contention that a hardship is
realized it that the nonconforming use provris.i.on does
not allow for a needed expansion of the habitable portion
of his single family dwelling.
There are two fundamental issues which need to be examined:
the expansion of a nonconforming use; and, a determination
whether the applicant's contended hardship meets with
ordinance standards for granting a variance.
In terms of the nonconfo.-eming use question, this application
on
in principle, is not unlike that considered last year -which
involved a parcel across the street 1.1application NTo. 72050,
submitted by Clarence Dudley). . it is clear: in terms of the
Comprehensive Plan that the intent of the nonconforming use
provision is to lixti t existing uses to their existing status
throughout a nonTal physical and economic life spin. in
following„ it is :he premise of the Comprehensive Plan: to
have such properties ult imtely evolve 4 ato the highest and
best land use for 1-11w enhancement of community development.
Thus, to the structural- alteration and addition to a
nonconforming sirsgie family dwelling in ail t,- 3 district,
would nerve to perpetuate and extend the origi.nal intended
life of the subject use.
Application Leo. 7301.3
Page 2
As noted In --he consideration o-f application No. 72080 (which
was denied by the City Council), the Comrjr,?hensive Plan calls
for a planned development cif the area on r.,)oth sides of
Brooklyn Boulevard, soothe ly of s1-94o including the subject
property.
Relative to the standards for granting a variance, it is
questionable as to w1hether the applicant can ;n fact es-
tablish a hardship or uniqueness which has been created
due to a l texal _eadi.s-ag of the ordinance.
The application indicates It'hat the addition to the dwelling
is needed due to the size of the homeowner's family. As to
the actual need for the proposed expenaa.on,, it is recommended
that the Coiranissioii determine whether there is an intent to
proceed with a home occupation or business, given the location
of the subject property.
While each case mast be evaluated on its m^arils, a recomnen•-
dation for ar+proval, cannot be made in this instance, given
the ordinance a:eq i..r-ementss the provisions of the Comprehensive
Plan, and established ComAssi on and Council policies re--
ga%xI i ng the further, --vice of nonconforming uses
No Oq
e
Ko.
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Pi-t-ANRUKIG COMMISSION INFOIRMATION SIRLET
Application No. 73013
Appl i.caat a dike Harrer
LOcati.ono 6521 nrt3ci,lyn Boulevard
Request-. variance
This item teas tabled at the May 24, 1973 meeti.na, fray the
reasons outlined in the memorandum included in the August 2,
1973 agenda,.
A possible ordinance awendm nt which would apparently resolve
the 4ippl_icant ; s question iaj noted in the memo and appeurs on
page 9 of the August. 2nd minutes.
Recommerdat on for action aft the subject appli.cat.i.oin is for
denial, in that the standards for a variance as_e nomet.
Should the Conm-casion decide to recommend -he ordinance change,,
that deci.sioia could Le conveyed to the Council in ocanjunction
,gith the application. of course, the applicant could withdraw
the request and awaitCouncil disposition of Lhe proposed amend--.
�— ment
if the o dinai?CL% cha ge is not recommended, the app-i.c:at, ion will
be racessed as us -cal.
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