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HomeMy WebLinkAbout2005-004 - 5541 & 5445 Camden Ave.� �. City of Brooklyn Center Planning Commission Application Date Received Application No. `t- Please Print C_IParly or T pe Address/Street Location of Property ;' �� + J i �;'7� ✓/U ✓�U Legal Description of Property �' �✓ LL V0 51C AT7k)CHf6 ' ukut Owner -YI A I R ARP 0S Z CA,- % 5W FA)504 Phone No. Address 5 Y c1 / CA m QEOu 11 t/ Al, , - - Applicant S 1 OTC rF I'AvL ��G �y,9 �Iw / Phone No. Address j `�I (` /? rig oFA) A-V Type of Request: F1 Rezoning Description of Request: Application Fee $ Subdivision Approval Other: CF- Variance Special Use Permit 11 Site & Building Plan Approval �-) hAb i/) f '1 !4/U �/ � �) 0�(/ Acct No. 10100-4403 Receipt No. �f 3 J 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 of the obligation to pay costs incurred prior to Athdrawal. Ap# icant (Please Print) Applicant's Signature Dates of P. C. Consideration: Approved Denied following conditions: PLANNING COMMISSION RECOMMENDATION �41-0� this day of 20 GS`, subject to the Chairman CITY COUNCu ACIIO u Dates of Council Consideration: J \ r) ✓ Approved r Denied this Z day of / mAO 20 05 , with the following Application Filed on 2-2-05 City Council Action Should Be Taken By 4-3-05 (60 Days) Planning Commission Information Sheet Application No. 2005-004 Applicant: Mary Barrus/Gary Swenson and the Estate of Paul Fagerhaugh Location: 5441 and 5445 Camden Avene North Request: Variance Mr. Gary Swenson, on behalf of Mary Barrus/Gary Swenson (5441 Camden Avenue North) and the estate of Paul Fagerhaugh (5445 Camden Avenue North) is 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 by ten feet so that a currently shared driveway would be located totally on the Barrus/Swenson property, 5441 Camden Avenue North. The properties in question are an interior residential lot at 5441 Camden Avenue North owned by Barrus/Swenson and a corner residential lot at 5445 Camden Avenue North which is part of the estate of Paul Fagerhaugh. The two properties are zoned R-2 (One and Two Family Residence) and are located at the southwest quadrant of 55'h Avenue North and Camden Avenue North. They are surrounded on the north by 551h Avenue with R-3 (Multi Family Residence- Townhomes and Garden Apartments) and R-1 (One Family Residence) zoned property on the opposite side of the street (the lot at 5501 Camden Avenue North is zoned by Robert Fagerhaugh, a relative of the late Paul Fagerhaugh); on the east by Camden Avenue North with other R-2 zoned property on the opposite side of the street; on the south by R-2 zoned property containing a single family home; and on the west by Bellvue Park. Again, the intention of the applicants as outlined in a letter from Mr. Neil Fagerhaugh (attached), who is to be appointed legal representative of Paul Fagerhaugh's estate and trust, is to divide off a 10 ft. by 149.85 ft. portion of 5445 Camden Avenue North using a metes and bounds description, so that it can be conveyed and combined with the Barrus/Swenson property. Section 15-104 of the City Ordinances requires divisions of land to be done through a formal plat or registered land survey unless the City Council, by variance allows otherwise. Mr. Swenson has submitted a certificate of survey for the two lots showing the rectangular shaped area to be conveyed. It contains a bituminous driveway leading from a currently shared access on Camden Avenue North to the garages located in the rear yards of the two properties under consideration. A driveway easement exists authorizing the shared use and common maintenance of the driveway by the owners of the two lots. Once the division is accomplished and the 10 ft. by 149.85 ft. parcel is conveyed and attached to 5441 Camden, this easement will be extinguished. Mr. Swenson has included a copy of a three page addendum to the purchase agreement (attached), which outlines a number of things related to the agreed upon conveyance. 2-17-05 Page 1 The survey shows only one encroachment would be created by the proposed division and would have to be addressed. This is the location of the existing garage on 5445 Camden. The intent is to relocate the garage such that it will be set back properly from the newly established property line and be oriented such that a new driveway leading to 55th Avenue North can be constructed. A condition of any approval authorizing the division and conveyance is that the garage be relocated such that all setback requirements to the newly configured lot are met prior to the filing of the division with Hennepin County. The certificate of survey also shows that no lot deficiencies would be created by the proposed division and conveyance. In fact, 5441 Camden will become closer to being a standard size lot with respect to single family interior lot width within an R-2 zone. With the conveyance it will be 57.02 ft. in width and 8,498.8 sq. ft. in area. The interior lot requirements for a single family residential use in an R-2 zone are 60 ft. in width and 7,600 sq. ft. in area. The lot at 5445 Camden will be 79.03 ft. in width and 11,842.6 sq. ft. in area after the division. Single family corner lots in an R-2 zone require a minimum lot width of 75 ft. and a minimum lot area of 8,750 sq. ft. 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, number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. To grant a variance the City Council must find: l . 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. It is the contention of the applicants 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 there is substantial precedent for granting similar variances. We would concur with the applicant's comments and, in this case, we 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 seven such divisions have been approved through the variance process by the City 2-17-05 Page 2 Council. The variances that have been granted typically site the right of the property owner to 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 has been allowed provided that no new buildable lots were created and that no lot or setback variances were implied and that all lot area requirements can be met. It is the staff s opinion that 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. Also, substantial precedent for metes and bounds division variances in cases similar to this exists. Therefore, approval of this application is recommended noting the above findings and subject to at least the following conditions: 1. The legal descriptions and certificate of survey showing the division of 5445 Camden Avenue North shall be filed with Hennepin County. 2. Once new legal descriptions have been established, the City Assessor is authorized to allow the combination of the 10 ft. by 149.85 ft. parcel of land to 5441 Camden Avenue North. 3. The garage currently located at 5445 Camden Avenue North shall be relocated under a properly executed building permit such that it meets all required building setbacks for the newly configured lot lines for this property. Said relocation shall be accomplished prior to the filing of the metes and bounds division with Hennepin County. 4. A new driveway leading from 55th Avenue North to the relocated garage on 5445 Camden Avenue North shall be constructed and a properly executed driveway permit for construction of the access on 55th Avenue shall be obtained from the City Engineering Department. 2-17-05 Page 3 cc� I U • I ;I • I ;I o "a HMT LIFE Cr TM me EAST LM or TFE I I EAST 9, eLL E LOT 1. PMT w rwr or LOT I. BLOCdC 6, W1VIE AGRES ELOM % DELLWB AGrZES � •SMr24'16"W 06'S6'W W0680 o_o_o_0 o_ IN —,o 47. _ ] W-CU45'W EL39 _ ' — 79.3E 1 GNAW LINK N I FEWCIE IODC Of C�♦ a • i, N = w �. I nor WOMM 47.02 79.03 _ — — — — — W-05 S00b6$e'EAPRDN I 55TH AVE. NO. g � Nflog o ,C 2 g im. , m 4 ME 14 oy a�$ !� $ $ $a A �g It �$ aca I_ i _j�j o� & f, I herby certIy that thIs survey. plan. or report was �. prepared by me or under my direct supervision Civil Encrineering•Land Surveying -Land Planning and that I am a duly Licensed Land Surveyor n/ %MnnGM10 BY, January 27, 2005 Gary Swansen 5441 Camden Ave. North Brooklyn Center, MN 55430 Re: Land sale to eliminate shared driveway Dear Gary; This confirms our recent discussions and plans. We have agreed that you will buy a 10 foot wide strip of land that will in effect move the property line between your lot and that of my late Uncle Paul Fagerhaugh, 10 feet to the North. You will then completely own what is now the shared driveway. As part of this agreement I will see that the following is done regarding Paul's lot. 1. Cap any well that may be on or close to the new property line. 2. Move the existing garage to the north such that it meets any setback requirements to the new property line. The garage will also be rotated 90 degrees so that it faces 55th avenue. 3. Get City approval, and put in a new driveway to 55t' avenue. We have also agreed that the existing driveway easement agreement will remain in effect until the new driveway is completed. The execution of the sale will take place once I am appointed the legal representative of Paul's estate and trust. This should occur once the informal probate process, now underway, is completed. Some details of our transaction may still be undecided, but this letter is to confirm my intent to get this done as it will benefit both current and future owners of the two properties. Neil Fagerhaugh ADDENDUM # 1 TO PURCHASE AGREEMENT Pertaining to the purchase agreement of the south 10 feet of 5445 Camden Page Number 1 of 2 Dated 1. Sellers state that they have full legal authority to sign Purchase Agreement papers for Paul Fagerhaugh either under power of attorney or as the executor(s) of his estate or as trustee(s) of his trust. Paul Fagerhaugh being the one and only owner of 5445 Camden Ave. N Brooklyn Center, Minnesota. 2. This purchase agreement is subject to local City and County codes and official approval. The exact approval required by both parties will be a variance from the Brooklyn Center City Planning and City Council for an exemption of full replattinq of the properties. Also an approval by the Hennepin county Taxation dept. Parties agree that time is of the essence and that a full replatting will be overly time consuming and overly expensive to proceed with the purchase agreement. Seller also requires a building permit to move the (garage, concrete and electrical etc.) improvements and construct a new driveway on the remaining property, which will include a new curb cut in the city owned street. If those approvals are not given, sellers and buyers agree to sign cancellation of purchase agreement papers and this agreement shall be null and void. 3. Sellers and buyers agree that the intent of this agreement is to split a portion of the southerly 10 feet from the lot known as 5445 Camden Ave N. Brooklyn Center, Minnesota. County of Hennepin (from the Sellers) and add that portion as a lot consolidation to the northerly portion to the lot know as 5441 Camden Ave N. Brooklyn Center, Minnesota. County of Hennepin (to the buyers). That portion to be the ten feet that includes the shared driveway for the two properties, with current easements that now exists between the two properties. A registered surveyor (J. Oliver and Assoc. 2781 Freeway Blvd, Brooklyn Center, MN.) hired buy the buyers will determine the new lot lines and new legal descriptions written for both properties to the satisfaction of the sellers, Local City government and County officials as needed. 4. Parties agree that the present driveway easement reads as follows: "The shared driveway easement is to be located over the north 4 feet of the east 114 feet of tract 2 and the south 4 feet of the east 114 feet of tract 1. Any common repair and maintenance costs for the shared driveway mutually agreed upon by the current and future owners of tract 1 and 2, shall be shared equally between the owners of tract 1 and 2. The shared driveway easement shall benefit tracts 1 and 2 and be appurtenant to the said tracts for the benefit of future owners" ADDENDUM #1 TO PURCHASE AGREEMENT Page Number 2 5. Closing shall be set for 04/29/2005. Parties agree that the driveway easement will be dissolved between the parties after a successful closing and removal of all improvements. 6. Buyers agree that the current easement may temporarily survive the closing. Buyers agree that this is a friendly transaction and do not wish to force undue hardship on the buyers due to seasonal construction costs. If the seller can not remove all the improvements due to cold or wet weather, or will suffer extra financial burden due to cold or wet weather, the easement will temporarily remain until better weather in the spring that aids construction costs. However, regardless of weather or extra financial burden, seller agrees to provide full possession of the property not later than 06/01 /2005 with removal of all improvements and parties will then terminate the easement agreement. (see line 7) 7. Sellers and buyers agree to dissolve the easement agreement sooner than 06/01 /2005, if the seller has removed all improvements from the property and the sellers and buyers have had a successful closing. This will include that a new driveway has been constructed for the seller's use on the sellers remaining property. The easement rights and responsibilities between the properties and parties mentioned in line #4. Shall then be forever terminated there after with no rights, responsibilities or recourse to the present and future owners 5445 Camden Ave N (tract 1) and the driveway shall then be of sole benefit to the present and future owners of 5441 Camden Ave N. (tract 2). However, regardless of weather or extra financial burden, seller agrees to provide full possession of the property not later than 06/01/2005 with removal of all improvements and will terminate the easement agreement as previously stated. 8. Seller(s) also agree to move or remove any improvements that encroach on the new property division lines that are marked by the survey, to the minimum property code setbacks as required by local governing authorities. Moving and removal of improvements shall be the seller's exclusive cost, but the Buyers agree to credit sellers at closing not more than $3,500.00 to defray the cost of removal of the improvements. Seller(s) agree to reimburse the buyers for one half the cost of the required survey, estimated to be $1,100.00, at closing. If the closing is canceled buyers agree they shall not be reimbursed for the survey and the contents of the survey shall be the sole property of the buyers Gary Swenson / Mary Barrus. ADDENDUM #1 TO PURCHASE AGREEMENT Page Number 3 Water Wells All wells included in the purchased 10 feet or encroaching on the new property line will be sealed at owner's expense prior to closing. Financial details A. Buyers shall provide as earnest moneys the up front cost of $1,100.00 for the survey. Half the cost ($550.00) to be reimbursed at closing by the sellers to the buyers. B. Buyers shall provide at closing $3,500.00 as payment for the land and driveway as well as termination of the common easement. C. Buyers shall credit the sellers at closing not more than $3,500.00 towards seller's cost of removal of improvements and construction of a new driveway. 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