HomeMy WebLinkAboutPC81036 - 7/11/81 - 5130 Ewing AvePLANNING COMIVIISSION FILE CHECKLIST
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FILE INFORMATION
Planning Commission Application No.
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
Agenda Cover Sheet: Planning Commission Agenda Book
Minutes:
Planning Commission
'��i�g��
7
City Vault
Minutes:
City Council
'71318/
City Vault
Resolutions: Planning Commission City Vault
Resolutions: City Council City Vault
Ordinances: City Council g/_ 13 £�jo18l City Vault
Historical Photographs: Planning Commission City Archieve
CITY OF BROOKLYN CENTER
PLANNING COMMISSION ZONING APPLICATION
Application No. 81036
Please Print Clearly or Type
Street Location of Property 5130 Ewing Avenue North
Legal Description of Property Lot 18, N2 17 - Blk. 3 Linden Shore Twin Lake —
Owner James R. and Jacqueline J. Bateman
Address 5130 Ewing Avenue North
Applicant
Jacqueline Bateman
Phone No. 536-0324
Address Same Phone No. Same
Type of Request: Rezoning Subdivision Approval
X Variance Site & Bldg. Plan Approval
Special Use Permit Other:
Description of Request: Allow a 24'x26' garage to be built on the property.
Fee $15.00
Receipt No. 55881
App cant s Signature
PLANNING COMMISSION RECOMMENDATION
ate
Dates of P.C. Consideration:
Approved Denied this day of 19 L, subject to the follow-
ing cond-tionsTp„�%�-�G�
l.�
Chairman
-- �`-/-L,-- -
--=---------------------------------
CITY COUNCIL ACTION
Dates of Council Consideration:
Approved Denied �_ this day of D�i±l_ 19 g �, with the following
amendment:
er
P/1 Form No. 18 (over please)
CITY OF BROOKLYN CENTER, MINNESOTA
6301 Shingle Creek Parkway 55430
PROCEDURES AND REQUIREMENTS FOR FILING APPLICATION FOR SITE AND BUILDING PLAN APPROVAL
Prior to submission of an application for plan review and approval, prospective applicants
should arrange an informational meeting with the Planning staff to discuss preliminary plans
and to become familiarized with applicable ordinance and policy provisions,
Three (3) copies of the following documents and information shall be submitted, at least 14
F
s prior to the date of the regular Commission meeting, concurrent with filing theapplication
equired documents must be consistent with ordinance and policy provisions before an
application may be accepted):
1. A certified site survey drawing by a registered engineer or land surveyor showing pertinent
existing condition, accurately dimensioned.
2.* An accurately scaled and dimensioned site plan indicating:
a) parking layouts including access provisions;
b) designations and locations of accessory buildings;
c) fences, walls or other screening, including heights and type of material;
d) outside lighting provisions, type and location;
e) curbing,
3.* A landscape plan showing areas to be sodded or seeded; location, size and species of trees
and shrubbery.
4.* Building floor plans, elevations, sections and specifications, including materials proposed.
5.* Existing and proposed land elevations, drainage provisions, and utility provisions.
6. Additional drawings, plans or information deemed necessary by the Secretary.
*Must be prepared by a registered architect or person registered with the State Board of
Registration for Architects, Engineers and Land Surveyors, and said drawings/plans shall be so
certified.
NOTE: Upon approval of plans by the Council and prior to issuance of permits, a Performance
Agreement as to approved site improvements and a supporting financial guarantee, in an amount
to be determined by the City, are required. Acceptable financial instruments include cash
escrow; certificate of deposit; and performance bond.
Copies of the Zoning Ordinance may be obtained from the Administrative Office.
Questions should be directed to the Department of Planning and Inspection.
P/I Form No. 19
Planning Commission Information Sheet
Application No. 81036
Applicant: Jacqueline Bateman
Location: 5130 Ewing Avenue North
Request: Variance
The applicant requests a variance to construct a 24' x 26' garage on the property
at 5130 Ewing Avenue North. The property is zoned RI and is surrounded by other
single family homes.
The dwelling on the property is also 24' x 26' (624 sq.-ft.) and the Zoning
Ordinance does not permit accessory structures in the R1 zone to be more than
75% of the area of the principal dwelling. It also limits dwelling under 880 sq.
ft. to only one such accessory structure (see Section 35-310 attached). There-
fore, the maximum size garage for this property permitted under the ordinance is
468 sq. ft.
The applicant has submitted a letter (attached) in which she argues that the Standards
for a Variance (see Section 35-240:2 also attached) are met in the following manner:
a) A hardship would result from meeting the ordinance requirements
since a 10' addition would have to be made to the dwelling.
Such an addition, at today's costs, is beyond the means of the
applicant.
b) The dwelling is unique in that it is one of the few small homes
left in the area.
c) The existing condition (a 624 sq. ft. house) was not created by
the applicant, but is a product of an earlier time when houses
were smaller and any garage at all was a luxury.
d) The granting of a variance would not be detrimental to the
neighborhood. Rather, it would benefit the community if the house
remains only as large as necessary, since a larger house would
consume more energy. The garage, meanwhile, would upgrade the
property.
The applicant has also submitted a rather lengthy list of signatures of surround-
ing property owners agreeing that they have no objection to a three -car garage
being built at 5130 Ewing Avenue North.
Background Information
Since 1968, when the current ordinance was adopted, there have been two similar
variance requests: one in 1968 which was denied and one in 1972 which was
approved. In 1968, the owner of the property at 6525 Beard Avenue North sought
a variance to place a 576 sq. ft. addition onto 352 sq. ft. existing garage for
a total of 928 sq. ft. The dwelling was 960 sq. ft. and the maximum permitted
under the ordinance was 720 sq. ft. That variance was denied on the grounds
that applicant had not shown that the Standards for a Variance were met.
6-11-81 -1-
Application No. 81036 continued
In 1972, the owner of the property at 5559 Lyndale Avenue North received a variance
to add 484 sq. ft. onto an existing 484 sq. ft. garage for a total of 968 sq. ft.
The dwelling in that case was 1097 sq. ft. and the maximum permitted garage 823
sq. ft. The City Council approved the variance noting the uniqueness of the
property in size and location (adjacent to the proposed freeway); and that the
variance would not be detrimental since there are no other single family
residences in the vicinity of the property and the extra garage space would allow
the applicant to store his hobby cars inside rather than scattering them around
the property (Minutes of the October 16, 1972 City Council meeting).
It should also be noted that when the existing dwelling was built in 1947, the
City Zoning Ordinance of the time permitted construction of garage space "for
not more than three noncommercial vehicles." This provision remained unchanged
until 1957 when the ordinance was amended to allow for garages not more than
600 sq. ft. or for parking of not more than four noncommercial vehicles. In
1961, the Zoning Ordinance was again amended to allow garages not more than
660 sq. ft. in area for noncommercial uses. Finally, in 1968, the present
ordinance was adopted which allowed for one garage up to 75% of the ground
coverage of the principal dwelling for dwellings up to 880 sq. ft. in area.
The 1961 figure of 660 sq. ft. for garages is precisely 75% of 880 sq. ft. for
dwellings in the 1968 ordinance.
Analysis and Recommendation
As to the Standards for a Variance, the applicant's contention of a hardship seems
to be based on economics. Another way of seeing the problem is that the maximum
size garage allowed by ordinance of 468 sq. ft. presents an inconvenience for the
property owner, but not a hardship in the sense -of denying her the reasonable
use of her property.
It is also true that the dwelling is fairly unique in its size, but uniqueness
is based on conditions pertaining to land, not structures. The parcel in
question is not at all unique.
Staff would agree that the difference between what the applicant desires and
what the ordinance permits was not caused by the applicant, but by a change
in the ordinance over time. It is also evident that the construction'of a
three -car garage would have no detrimental effect on other properties in the
area as witnessed by the lengthy list of signatures of surrounding property
owners submitted. A detriment to the public welfare, however, would result
from the obvious dilution of the Zoning Ordinance.
Finally, in comparison to the two previous variance requests for oversized garages,
the present request appears to be more similar to Application No. 68061 which
was denied. Overall, the grounds for a variance are mixed. Because the applicant
does not appear to meet all the standards, approval of the variance is not
recommended in this case.
Staff would acknowledge, however, a growing trend toward larger garages to meet
the demands of two -income families with increasing possessions which need to be
stored, but not in a heated structure. Escalating construction costs have also
lead to a trend of smaller, energy -efficient houses. The current ordinance re-
quirement regulating the size of accessory structures may work against these
trends and perhaps should be reviewed. Also, the fact that previous ordinances
allowed for garages of 600 sq. ft. to 660 sq. ft. without regard to structure
size suggests that the current ordinance simply did not contemplate houses
with much less that 880 sq. ft. of ground coverage. Therefore, some review of
the purpose of the ordinance seems to be in order.
6-11-81 -2-
Ordinance.
4. All parking will be off-street on space provided by
the applicant to the maximum extent feasible.
5. The hours of operation shall be 3:00 p.m. to 10:00
p.m. Monday through Friday.
6. The applicant shall comply with the recommendations
of the Building Official prior to the issuance of
the Special Use Permit.
Voting in favor: Chairman Hawes, Commissioners Malecki, Theis
and Simmons. Voting against: none. The motion passed.
The.Planning Commission discussed among themselves whether to send
a recommendation on to the City Council regarding whether an ordi-
nance amendment should be pursued. Commissioner Simmons suggested
that possibly the ordinance could allow six nonresident students as
long as the parking is on private property. Chairman Hawes asked
whether the limit of four students is because of parking. The
Secretary stated that was his opinion. Commissioner Theis stated
that the main guiding principle in evaluating home occupations is
that they are secondary and incidental to the residential use of
the premises. He stated that the proposed home occupation with
19 or 20 students per night, five nights per week, simply is more
than the ordinance comprehends as a home occupation. Commissioner
Simmons added, however, that she felt hours of operation could have
a greater impact on the surrounding neighborhood than the number of
students if the parking stays on private property. Chairman Hawes
asked the staff to look into the possibility of an ordinance re-
vision on home occupations and report to the Planning Commission.
APPLICATION NO. 81036 (Jacqueline Bateman)
The Secretary introduced the next item of business, a request for
a variance from Section 35-310, Subsection 1 (b) (3), to build a
three -car garage 24' x 26' on a lot with a dwelling, the ground
coverage of which is also 24' x 26', at 5130 Ewing Avenue North.
He reviewed the contents of the staff report (See Planning Com-
mission Information Sheet for Application No. 81036 attached).
There was a question by Commissioner Malecki as to whether the
existing garage would be removed before the new garage would be
built. The Planning Assistant answered in the affirmative. Com-
missioner Simmons asked whether the application was to have a
three -car garage or one which was 624 sq. ft. in area. The Secre-
tary answered that it would be 624 sq. ft. The main. thing, he
said, is that the garage be 100% of the dwelling area rather than
the 75% as presently limited by the ordinance.
Commissioner Simmons stated that some of the comments in the staff
report and in the applicant's letter seem contradictory. She noted
that the idea presented is that smaller houses will be more energy
efficient and yet the applicant seeks a larger garage to house more
cars which use more gasoline. She stated that this seemed confusing.
The Secretary stated that the Building Official has had many inquiries
for garages larger than the Zoning Ordinance permits at present. He
stated the opinion that the guiding principle of the Zoning Ordinance
is to keep the residence the principal structure on any lot. He
also added that provisions of the building code regarding residential
6-11-81 -4-
occupancy and the size of a free floating slab both limit the size
of garages to 1,000 sq. ft. The Secretary suggested that perhaps
the ordinance requiring 880 sq. ft. of dwelling before more than
one accessory structure can be built is inappropriate and should
be modified. He further suggested possibly allowing garages up
to 100% of the ground coverage of any dwelling which is not over
1,000 sq. ft., or two accessory structures, the combination of
which.is not greater than the ground coverage of the dwelling.
Chairman Hawes asked whether temporary accessory buildings are
included in the square footage limit. The Secretary responded that
temporary storage sheds under 150 sq. ft. are not. Commissioner
Simmons noted that metal sheds could therefore ameliorate the sit-
uation for Mrs. Bateman. The Secretary acknowledged this, but
suggested that if the Commission is in favor of an ordinance amend-
ment, it should table the application until an acceptable ordinance
amendment can be prepared.
Chairman Hawes called on the applicant to speak. Mrs. Jacqueline
Bateman addressed the Planning'Commission. She stated that her
understanding of the Zoning Ordinance was to protect property
values. 'She interpreted this to mean that the City does not want
to see a small house on a lot with a pole barn for an accessory
structure. She explained that two people living in a small dwelling
do not wish to expand their dwelling and bring on added expense just
to be granted the right for a larger garage. She stated that the
primary need is for more storage space for the family vehicles.
She stated that she did not agree with the method proposed by the
Secretary to change the ordinance. Finally, she made the argument
that by housing her vehicles inside the garage, she would improve
the appearance of the neighborhood.
Commissioner Simmons explained to Mrs. Bateman that the Secretary
is actually arguing in her favor and that it is a preferable pro-
cedure to amend the Zoning Ordinance to allow for larger garages
than to grant variances. Commissioner Theis stated that his con-
cern would be accessory buildings that are actually larger than
the dwelling on the lot.
PUBLIC HEARING
Chairman Hawes opened the meeting for a public hearing. There
was no comment from other residents in the area.
Chairman Hawes explained to Mrs. Bateman that with respect to
her situation under the existing ordinance, a garage is allowed
only 75% of the ground coverage of the dwelling. For her to have
the size garage she applied for, either a variance or an ordinance
amendment would have to be passed. He stated that*the Planning
Commission and the staff both prefer a change in the ordinance
over a variance. He suggested tabling the application to allow
for an ordinance amendment to be drafted allowing for accessory
structures 100% of the ground coverage of a house less than
1,000 square feet. The Secretary also stated that there are
basically those two options open to the Planning Commission, the
variance or the ordinance change. He acknowledged that the timing
of an ordinance change would take longer than a variance.
Mrs. Bateman complained to the Secretary that he seemed to be stuck
on the letter of the law and not the spirit. The Secretary answered
that it is not up to the staff to enforce what, in their opinion,
6-11-81 -5-
�is the "spirit" of the law, but rather the ordinance the way it is
written. He added that in this situation the ordinance states that
the applicant is entitled to one accessory structure no more than
75% of the ground coverage of the principal building. He pointed
out that it is his opinion that the standards for variances are
not met particularly with respect to uniqueness of this situation.
He acknowledged that the ordinance might in some respects work
hardships on small houses, but that the proper way to address these
problems would be through an ordinance amendment which would effect
all situations in a like manner. Mrs. Bateman stated that she -
thought requiring a larger house to get a larger garage is wrong.
She added that a big house is a waste of energy and is, therefore,
unpatriotic. She also stated that a garage is a better storage
area, from an economic standpoint, than area within the dwelling.
Commissioners Theis and Simmons expressed some agreement with these
remarks, but added that an ordinance amendment is preferable to
granting a variance. The Planning Assistant explained to the
Batemans that the process of changing the ordinance is not so
lengthy that the garage could not be built by this fall and that
they should, therefore, not feel that there would be an unreason-
able delay.
Commissioner Malecki suggested that the Planning Commission simply
deny the variance application and send it on to the City Council
so that the applicant could gain a quick hearing of her variance
request. The Secretary explained that a variance application is
a traditional vehicle in bringing ordinance amendments before the
Council so that the entire issue can be reviewed. Commissioner
Theis agreed with this approach, noting that the City Council would
only have to consider the matter once if the variance accompanied
an ordinance amendment.
CLOSE PUBLIC HEARING
Motion by Commissioner Simmons seconded by Commissioner Malecki
to close the public hearing. The motion passed.
ACTION RECOMMENDING TABLING OF APPLICATION NO. 81036
(Jacqueline Bateman)
Motion by Commissioner Theis seconded by Commissioner Simmons to
table Application No. 81036 and to direct staff to bring new ordi-
nance language at its June 25, 1981 meeting. Voting in favor:
Chairman Hawes, Commissioners Theis and Simmons.. Voting against:
none. The motion passed.
APPLICATION NO. 81037 (Duane Enninga)
The Secretary introduced the next item of business, a request by
the resident at 5435 Emerson Avenue North for a variance from
Section 35-530 of the Zoning Ordinance to allow the construction
of a new dwelling with an existing "alley house" remaining on the
property during construction. The Secretary reviewed the contents
of the staff report (See Planning Commission Information Sheet for
Application No. 81037 attached).
Commissioner Theis asked whether the applicant is living in the
alley house at present. The Secretary responded in the affirmative.
Commissioner Simmons asked whether he would be building the house
himself and whether he was a carpenter by trade. The Secretary
answered in the affirmative on both questions.
6-11-81 -6-
the public: hearing. The: motion p<<ssed.
ACTION REC01111.,1111iING APPROVAL OF APPLICATION NO. 81046
l-cnnepin County)
Motion by CCozrriissioner_ Lucht seconded by Cc— .r[� i ner Malecki to
-`, recommend cpproval of Application No. 81048, on the basis that the
Standards for Fire Code Variances are met, subject to the following
conditions:
1. The system shall be maintained and tested in
accordance with N1.PA Standards. Results of
the testing shall be supplied to the City of
Brooklyn Center annually.
2. The Automatic Building Management System shall
be continually monitored 24 hours- a day, seven
days a week with notification given immediately
to the Brooklyn Center Police Department (561-5720)
if an emergency should arise.
Voting in favor: Chairman Hawes, Commissioners Malecki, Theis,
Lucht, Simmons and Ainas. Voting against: none. The motion passed.
APPLICATION NO. 81036 (Jacqueline Bateman)
The Secretary introduced the final business item, a request for a
variance from Section 35-310:1(b) of the Zoning Ordinance to allow
for construction of a garage equal to 100%.of the ground coverage
of -the dwelling at 5130 Ewing Avenue North. The; Secretary briefly
reviewed the Planning Commission's discussion of an action to table
the application at its June 11, 1981 meeting. He recalled for the
Commission that an ordinance change had been recommended by the
staff and accepted in concept by the Planning Commission to allow
accessory structures for all dwellings to be up to 1000 of the
dwelling area, but not to exceed 1,000 square feet in area for any
single accessory structure. He presented to the Planning Commission,
draft ordinance language which would accomplish that change. He also -
noted that one change of the language is that all dwellings are en-
titled up to two accessory structures, the total area of which may
not exceed 100% of the ground coverage of the dwelling.
PUBLIC HEARING
Chairman Hawes opened the meeting and asked for comment on the pro-
posed ordinance amendment. Mrs. Jacqueline Bateman stated that the
ordinance language looks fine to her. The Secretary briefly reviewed
the ordinance procedure, stating that the ordinance would probably
become effective toward the end of August.
CLOSE PUBLIC HEARING
Motion by Ccmmissioner Malecki seconded by Commissioner Theis to
close the public hearing. The motion passed.
Commissioner Theis stated that the draft ordinance seems fine to
him and recorurended its approval by the Planning Commission.
ACTION RECO,IMENDIcgG DENIAL OF APPLICATION NO. 81036
(Jacqueline Blater.,,�n)
Motion, by Coi. issioner allieis seconded by Coilimissioner Malecki to
rccomu.�end dtnial of Application No. 81036 on the grounds that the
Standards for a Variance are not met. Voting in favor: Chairman
l7cltVc'S, C01111rtissioner s Malecki, T11ei s, Luclit, Sinup..ons and Ainas .
6-25-81 -15-
Voting against: ncnc. The motion passed.
ACTION RECOMI2NDING A-PPROVAL OF DI:1A T Or.7 rNr\NCE A.bENDMENT
FOR SECTION 35-310 : 1 (b) OF TIlT: ZONING ORDINANCE
Motion by Comniissro .r Lucht seto
recommend approval of the draft ordinance amcnclent to increase
the allowable size of accessory structures for all d:.;,e7_lings up
to 100% of the ground coverage of thc: dwelling building, not to
exceed 1,000 square feet; and to allow up to two accessory structures
for all dwellings, the combined aroa of which may not exceed the 100%
of the area of the dwelling build�_r_g. Voting in favor: Chairman
Hawes, Commissioners i>aalecki, Theis, Lu.cht, Simmons and Ainas. Voting
against: none. The motion. passed.
OTHER BUSINESS
The Secretary briefly reviewed with the Planning Commission alternate
ordinance amendments to allow for the manufacture of electric vehicles
within the Industrial Park. Chairman Hawes inquired whether the pre-
sent ordinance would allow for the manufacture of fibreglass bodies
within the Industrial Park so long as it is a separate use from the
assembly of electric vehicles which would take place at a different
location. The Secretary responded that the ordinance could be in-
terpreted in that way. He stated that manufacture of fibreglass
bathtubs is alreadv allowed under the ordinance section permitting
manufacture of "miscellaneous plas_ic products." He stated that the
proposed use by Classic Electric Car Corporation was presented as
limited to assembly at first, then expanded to include all manufact-
uring aspects. Commissioner Lucht stated that he preferred the more
restrictive language.
Commissioner Ainas recalled that the concern during the original
discussion of the ordinance amendment was with metal body work, as
opposed to fabricating fibreglass bodies. Commissioner Theis ob-
served that if the restrictive version of the amendment is adopted,
then manufacture of plastic bodies is prohibited. Commissioner
Simmons expressed some concern about the expansion of the use into
as yet unknown aspects of the manufacturing of electric vehicles.
The Secretary discussed briefly the evolution of the staff's and
the Commission's thinking about the proposed use from an assembly
operation to a full blown manufacturing use.
A discussion ensued regarding the possible language to permit the
assembly of motor vehicles in the Industrial Park. Finally, Com-
missioner Lucht recommended that the ordinance read "assembly of
electric powered vehicles" with no other restrictions. The rest
of the Commissioners generally agreed on this reco-mmendation.
ACTION RECOMMENDING APPROVAL OF AN ORDIN1\110E AM)"ENDIME ;T RELATING
TO THE ASSEMBLY OF ELECTRIC POT„'EPETD VEI-iICLE_S
Motion by Commissioner Lucht secondea by Co7,dduiss o r I"I5ti ec r to
recommend approval of an ordinance amendment to Section 35-330:1
and 35-331:1 to include the follcwing: "assembly of electric powered
vehicles."
Voting in favor: Chairman Hawes, Commissioners Malecki, Theis,
Lucht, Simmons and Ainas. Voting against: none. The motion passed.
DISCUSSION ITEMS
The Secretary briefly reviewed the Howes Fertilizer case with the
Planning Commission. He stated that the judge's rifling had been
"16 -
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Fignar,.and upon vote being taken thereon, the following voted
in favor thereof: Mayor Dean Nyquist, Councilmembers Bill Fignar, Gene Lhotka,
and Celia Scott; and the following voted against the same: none, whereupon
said resolution was declared duly passed and adopted.
PLANNING COMMISSION APPLICATION 130. 81036
The Director of Planning & Inspection presented and reviewed for Council members
pages 15 through 16 of the June 25, 1981 Planning Commission minutes and also
the Planning Commission information sheet prepared for Application No. 81036.
He reviewed the applicant's letter in which she requested a variance to allow
the construction of a garage equal to 100% of the ground coverage of the
dwelling at 5130 Ewing Avenue North. He explained at the June 11, 1981 Planning
Commission meeting, the Planning Commission concluded that the standards for
variance were not met but they did discuss the ordinance governing accessory
structures and at that meeting the Planning Commission tabled the application
and instructed the staff to prepare an ordinance amendment. He explained the
ordinance language proposed this evening would allow an accessory structure
no greater than 1,000 square feet and no more than two on anyone lot. He
added that it would be required that the accessory buildings or building do
not exceed the ground coverage of the dwelling structure. He explained the
Planning Commission at its June 25, 1981 meeting recommended denial of the
application following a public hearing on the grounds that the standards for
variance are not met, but that it also approved the ordinance amendment regarding
accessory structures.
Mayor Nyquist opened the meeting for the purpose of a public hearing on Applicatic
No. 81036. No one appeared to speak at the public hearing and he entertained
a motion to close the public hearing.
There was a motion by Councilmember Scott and seconded by Councilmember Fignar
to close the public hearing on Application No. 81036. Voting in favor: Mayor.
Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none, the
motion passed unanimously.
There was a motion by Councilmember Lhotka'and seconded by Councilmember Fignar
to deny Application No. 81036 on the grounds that the standards for variance
are not met. Voting in favor: Mayor'Nyquist, Councilmembers Fignar, Lhotka,
and Scott. Voting against: none, the motion passed unanimously.
There was a motion by Councilmember Scott and seconded by Councilmember Lhotka
to offer for first reading an.ordinance amending Chapter 35 of the City ordinances
regarding accessory structures in the R-1 and R-2 zones. Voting in favor: Mayor
Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none, the
motion passed unanimously.
RECESS
The Brooklyn Center City Council recessed at 8:40 p.m. and reconvened at 8:55 p.m.
PLANNING COMMISSION APPLICATION NO. 81038
The Director o.c Planning & Inspectiion presented and reviewed for Council members
pages 1 through 4 of the June 25, 1981 Planning Cor;rm.i.ssion meeting minutes and
also the Planning Commission information sheet prepared for �,,nplication No.
Iie proceeded to review the site plan and ..rev.i.ewed the proposes] access Us into the
site. He also rev.i..ewed the parking plan indicated :in the sit(�> plan and also the
landscaping plan proposed.
7-13--81
CITY OF BROOKLY14 CENTER
ORDINANCE N0. 81-13
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING
ACCESSORY STRUCTURES IN THE R1 AND R2 DISTRICTS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1. Section 35-310:1(b) (3) of the City Ordinances of the City of
Brooklyn Center is hereby amended in the following manner:
(3) [One accessory building or carport (either detached or attached
to the dwelling building) where the dwelling building ground
coverage area does not exceed 880 square feet; in the event the
ground coverage area of the dwelling building exceeds 880 square
feet, two accessory buildings or carports (either detached or
attached to the dwelling building) will be permitted provided
that no one accessory building or carport shall exceed 75% of
the ground coverage area of the dwelling building or 1000 square
feet, whichever is lesser; and provided that the total area of both
accessory buildings or carports (either detached or attached to
the dwelling building) shall not exceed 100% of the ground
coverage area of the dwelling building, or 1100 square feet,
whichever is lesser.]
(3) Accessory buildings or carports, either detached or attached to the
dwelling building, subject to the following limitations:
aa) The ground coverage of any single
shall be no greater than 1000 squ
bb) No more than two accessory structures shall be permitted
on any one residential premises.
cc) The total ground coverage of the accessory building or
buildinas shall not exceed the around coverage of the
Section 2. Section 35-311:1(b)(3) of the City Ordinances of the City of
Brooklyn Center is hereby amended in the following manner:
(3) [One accessory building (either detached or attached to the dwelling
building) where the dwelling building ground coverage does not exceed
880 square feet. In the event the ground coverage area of the
dwelling building exceeds 880 square feet, two accessory buildings
(either detached or attached to the dwelling building) will be
permitted, provided that no one accessory building shall exceed
75% of the ground coverage area of the dwelling building or 1000
square feet, whichever is lesser; and provided that the total area
of both accessory buildings (either detached or attached to the
dwelling building) shall not exceed 100% of the ground coverage area
of the dwelling building or 1100 square feet, whichever is lesser.]
ORDINANCE NO. 81-13
(3) Accessory buildings or carports, either detached or attached to the
aa) The ground coverage of any single accessory building
shall be no greater than 1000 square feet.
bb) No more than two accessory structures shall be perrstted
on any one residential premises.
cc) The total ground coverage of the accessory building or
buildings shall not exceed the ground coverage of the
dwelling building.
Section 3. This ordinance shall become effective after adoption and upon
thirty (30) days following its legal publication.
Adopted this loth day of August 19 81
/ Q Mayor
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Date of Publication July 23, 1981
Effective Date August 22, 1981
(Underline indicates new matter, brackets indicate matter to be deleted.)
Cedisficat,�
For .DAMES R. GATEMAN
LOT 18 AND THE NORTH V2 OF
Lor 17, BLocrs 3,
LINDEN SHORES oN TWIN LAKE,
HENNEPIN COUNTY, MINNES07A
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W hereby certify that this is a true and correct representation of a survey of the boundaries of the land described above
and of the location of all buNdirgs thereon, and all vhM* encroachments, if any, from or on said land, that this survey was
prepared by me or under my direct supervision and tut I am a duly Registered land Surveyor under the laws of the State
Of Minnesota. As surveyed by me this 8 O TM day of ha4 , 1fk 81
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APPLICATION NO.�
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