The URL can be used to link to this page

Home My WebLink AboutPC75018 - 7/10/75 - 5837 Brooklyn BlvdL PLANNING COMMISSION FILE CHECKLIST / File Purge Date: ` 'I L-' FILE INFORMATION Planning Commission Application Number: 75019 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 Type Date Range Location Agendas: Planning Commission Office Minutes: Planning Commission Minutes: City Council Document Type Resolutions: Planning Commission Resolutions: City Council -7�,/75 City Vault City Vault 7121/7� , "11917t, 9//7S Number Location City Vault •7-1'_/gV City Vault Ordinances: City Council City Vault CITY OF BROONLYN CENTER Planning Commission Application I pplication No. 7timA Street Location of Property 5837 ro jsjyn Boulevard - Legal Description of Property Lot 13, Aud. sub. 216 89102/1307 Owner Wesley R. Busch Acid -Less 5837 Brooklyn Boulevard Telephone No. 537-2497 Applicant Same _ Aedress- Same -- Telephon` No Type of Request: �, Rezoning Subdivision Approval X variance Site & Bldg. Plans Special Use Other Permit Description and Reason for Reque5to 12' x 14' summer porch (enclosed) to provide additional living space during warmer months and to provide protected rear entrance in winter. Variance from 35-111; house is nonconforming due to C-1 zoning. Fee $� 15.00 RLc..ipt NO. 41923 Applicant Line .10, 1975 — Dat PLANNING COyaAISSIO11 RFCOMMUMATION Dates of P.C. Consideration; Approved Denied _ this /C-' day of V 19 5 subject to the following conditions chairman — — — CITY COUNCIL ACTION � Dates of Council Considerations -T�c3�Ev � v� recY Approved Denied this S� day of with the following amendments - /Y",, , Clerk J PLAIINIOG COMI-IISSIOid MFORMATIO d SHEET `" Application ido. 75013 Applicant: W. R. Busch Location: 5837 Brooklyn Boulevard Request: Variance The applicant seeks a variance from Section 35-111 (nonconforming uses) to permit the construction of a 12 x 14 ft. addition to his 20 x 22 ft. honoR. The house is located in the C-1 zoning district on Brooklyn Boulevard, between the Brookdaie hest Office Building and the dental clinic. Section 35-111 prohibits the enlargement and/or major alteration of such nonconforming uses. The applicant has been informed of the ordinance provisions during several de-, tailed discussions, and has responded with the attached letter and a application for a variance. The Council denied Application do. 72080 submitted by Clarence Dudley, 6510 Brooklyn Blvd., which involved a residence in the C-1 district. The owner proposed to expand the house for purposes of establishing a business. The difference between that request and this one is the present applicant seeks additional living space and not a commercial establishment. Nonetheless, the principle of nonconforming use is constant: residences in the non- residential districts should not be enlarged or subjected to major alteration, since the intended planned developiaent would be further extended beyond the normal life expectancy of the original use. The Council did approve an ordinance amendment (in conjunction with Application ido. 73013 involving a house at 6521 Brooklyn. Blvd. in the R-5 district) which per;nits normal residential alterations or additions to single airy dwelTings located in residential districts other than R1 or R2. That action was rased on the premise of the Comprehensive Plan that the single family residential character should be retained in the higher residential zones until the proposed Planned Development of those areas occurs. It was determined that the non- conforming single family honw�s in the R3 through R7 districts area in areas slated for eventual total planned developmnt. The principle obviously does not apply with the present petition since the land is zoned Cl. The proposed addition.represents a 3up increase in the ground coverage of t►1e existing: structure. Also, inspection of the site indicates a freestanding garage, a large metal utility shed and a screened outdoor living enclosure. Uhile the latter two are deemed "terzporary►° structures, the number and size of accessory structures exceeds the ordinance maximums. She applicant was informed of the variance standards which must be ,xt, and apparently has alluded fc them. fi, its letter. P.C..Applica'tion Wo. 7501« informa-tion Sheet Cont°d.. Review of the petition and the pre+,iises indicates however that the standards are not me:: L There is no identifiable hardship, vs. mere inconvenience or design preference, due to the physical character of the land. 2. The condition is not unique to this parcel; and the situation is cormxsn to several residential uses in the C-1 zone. 3. The alleged hardship is based upon the applicant's desire for additional living space and not upon an ordinance requirement. 4. Granting of the variance would establish a precedent contrary to the Comprehensive Plan and ordinance intent: unnecessary extension of the life of nonconforring uses. The detriment to other nonconforming properties in the neighborhood is the enhancement of such a property thereby artifically increasing -the value is spite of the planned commercial development. It would seem that, since the applicant has the economic resources for the pro- posed addition, alternative ineasures within ordinance limitations are feasible: interior remodeling to include insulation and rearrangement of the living area. The applicant already has a screened freestanding enclosure which appears to afford a seasonal shelter for outside recreation. Recommendation is for denial, in that the request is not consistent with the intent of Comprehensive Plan and ordinance nonconforming use provision; the variance standards are not met; there are viable alternatives available to the applicant within the constraints of the Zoning Ordinance. LANE tit rx flip. -7.p. jib 13 12 4 6 CD It 71. Id f fv 9 4� 3 uj 40 fA tj10 9 r- to :J Co. 44 .1 G IR I MME It 1L 35.20 A I C— I Alt 4 DD SOA'DG'D LOT- 58301 BROOKLtj#V rLICA TIoN TS9}2 ✓�iT. DRIVE roT 751 75 i£o' +� .110 �5� . 0 3 3� k' , 10 -i 4; VS Z7 _ II12 13 1415 16s 9 °� 711 J1o.#)30 i't'J i a i2 ,., ao � (. * C9 � 8 le 5 •..,, � is 4 +h 41 Ir:2. `'ADMIRAL I' LANE C I� .OJ � 6o Irr 5. 210) O d 3o N8 o., �3G.o4 ;j 4 3. v� 9 .:),i d 48) 6®th F�RO c(5oao) 1o�F' 39 i31� . ' (1307 �F "._r .Gs 1 PA Of LOT I ME. S 13 146G1 I r, 8 S11'Sa' S I 2 It j 310 4 ,I 10 >v `L#j✓ ui ss� ----1 7 A 6 v (n Lrk;"�� r SBiSg'08 w rP4ri3d„� 80 �0 914Z'3 ZG�.34�'4 --- --- r _ Aqr 3114 0'24°0'' , �'.J �Q+ )30 wEST 36 >L66 Nb°75'SZ"w (3202) a l X 265 : �:� IVY. 123 oc -