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HomeMy WebLinkAboutPC81037 - 6/11/81 - 5435 Emerson AvePLANNING COABMSION FILE CHECKLIST File Purge Date: /f /� FILE INFORMATION Planning Commission Application No. 8/037 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 Minutes: City Council Resolutions: Planning Commission Resolutions: City Council Ordinances: City Council G fi18/ City Vault �G/B3 City Vault City Vault City Vault City Vault Historical Photographs: Planning Commission City Archieve CITY OF BROOKLYN CENTER PLANNING COMMISSION ZONING APPLICATION Application No. 81037 Please Print Clearly or Type Street Location of Property 5435 Emerson Avenue North _ Legal Description of Property Lots 6 & 7, Block 2 N. E. Perkins Addition to Mpls. Owner Duane W. Enninga Address 5435 Emerson Avenue North Applicant Duane W. Enninga Address Same Type of Request: Rezoning v/ Variance Special Use Permit Proast-, No,. 561-4408 or 566-4488 Phone No. Same Subdivision Approval Site & Bldg. Plan Approval Other: Description of Request: Variance to Section 35-530 to construct a new house on the front of..,—,-, a lot now occupied by a house located 5' off the allein which I_am„oresently_livingz_ to nrnviciP ate] 3SP tf]_1 i YP d►iri n� rnnttr �r _ion �ill�dl_�Y�L._�QA�Cu�1QJLa� 1 1Yl.e, slt____._ which the present house will be demolished. LApprox. 5 months. _ Fee p `��� Recei t No. � � JJ Applicant's Sig tune Date Dates of P.C. Consideration: Approved Denied ng cond°tions N, PLANNING COMMISSION RECOMMENDATION this day of l CITY leOUNCII Dates of Council Consideration: J 19... , subject to the follow- ^ 1P D �. ' C ha i rrr}a n 0 G' _ �-fir/%C �1 "r4'I'4 %/'✓ --------------------- ACTION Approved Denied this, day of 19 Y1, with the following amendment: Clerk P/I Form No. 18 (over please) Planning Commission Information Sheet Application No. 81037 Applicant: Duane W. Enninga Location: 5435 Emerson Avenue North Request: Variance The applicant seeks a variance from Section 35-530 of the Zoning Ordinance to allow him to construct a single family dwelling on the front of a lot now occupied by a house located five feet from the rear property line. The existing dwelling will serve as a place to live during construction until the new house can be occupied, after which the present house will be demolished. The property in question is located in the R2 zone and is surrounded by other single-family dwellings. Section 35-530 of the Zoning Ordinance stipulates that in the R1 and R2 districts "in no case shall there be more than one principal building on one lot." Further- more, Subsection 4 of 35-530 provides that "No basement, cellar, garage, tent, trailer or accessory building shall at any time be used as a residence or dwelling, temporarily or permanently." The original building on the property in question was built in 1928, most likely, as an out -building to be used temporarily as a dwelling until a permanent residence was built. Such an arrangement was allowed by special permit under the 1950 Zoning Ordinance which continued in effect until 1957. Prior to that time, the 1940 Zoning Ordinance permitted nonconforming uses and structures provided a bond of $5,000 was submitted to guarantee the demolition of the nonconforming entity within 10 years. There is no record of either a bond or a special permit for 5435 Emerson Avenue North. In any case, the dwelling at the back of the lot became nonconforming with the adoption of the 1957 Zoning Ordinance. The applicant has submitted a letter (attached) in which he argues that the Standards for a Variance (also attached) are met on the following grounds: A) Demolishing the existing house before construction of the new home would cause delays, financial difficulties, and extra commuting costs. B) The situation is unique in that there are very few such "alley houses" left in the City (two on Emerson Avenue North). C) The nonconforming status of the present dwelling was created by adoption of a City Ordinance (35-530),not by the owner of the property. The applicant gives his assurance that he has every intention of demolishing the existing dwelling and only seeks the variance as a means of facilitating the phase out of the existing nonconforming structure. D) The construction of the new dwelling will improve the property in question and the neighborhood in general. Staff acknowledge the validity of arguments contained in C) and D). Generally, uniqueness pertains to conditions of the land parcel, not the structures thereon. However, it is obvious that the presence of an "alley house" on the parcel is a fairly unique situation. The argument for Standard A) relating to hardship is clearly insufficient. The applicant cites a number of inconveniences and the likelihood that these inconveniences may cause a delay in his construction plans. But, this is not a hardship as that term is used in the Zoning Ordinance. 6-11-81 -1- -Application No. 81037 continued The variance is, therefore, questionable. However, the goal of eliminating a sub- standard and nonconforming dwelling may be seen to outweigh the other deficiencies of the variance application. If the Planning Commission is disposed to look favorably on this a¢proach, approval of the variance should at least be conditioned on the applicant entering into a standard performance agreement and on the sub- mission of a $3,000 cash escrow or a $10,000 construction bond. (The difference is because of different legal and administrative costs related to bond fore- closure). This financial guarantee would be used to pay for demolition of the alley house in the event the applicant fails to accomplish this within the time limit set by the performance agreement. 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P- 7 /)0 u6 OPL l tt� P,"qv� r r y IN I DEPARTMENT OF PLANNING AND INSPECTION CITY OF BROOKLYN CENTER PERFORMANCE AGREEMENT File No. 81037 This Agreement is entered into by Duane Enninga - hereinafter called the Developer and the City of Brooklyn Center, a Mul�icipal Corporation, under the laws of the State of Minnesota, hereafter called the City. )) THE WORK The Developer has received approval of a Variance by the City Council of the City (in accordance with City Ordinances), subject to the execution of this Performance Agreement, pursuant to the City Council approval of June 22, 1981 and in accordance with said Variance and the Development Plan approved by the Building Official all of which are made a part hereof by reference. In consideration of such approvals, the De- veloper, its successors and assigns, does covenant and agree to perform the work as set forth in the Variance and Development Plans, in the aforesaid Approvals, and as herein- after set forth, upon the real estate described as follows: 5435 Emerson Avenue North The Work shall consist of the improvements described in the Development Plans, in the aforesaid Approval (to include any approved subsequent amendments) and shall be in compliance with all applicable Statutes, Codes and Ordinances of the City. COMPLETION DATE The undersigned Developer agrees that the said Work shall be completed in its entirety on or before the 1st day of May 19 83 , or within 30 days of occupancy of the new dwelling, whichever comes first, and no extension of time shall be valid unless the same shall be approved by the City. Said extension of time shall be valid whether approved by the City before or after the completion date and failure of the City to extend the time for completion or to exercise other remedies hereunder shall in no way work a forfeiture of the City's rights hereunder, nor shall any extension of time actually granted by the City work any forfeiture of the City's rights hereunder. It shall be the duty of the Developer to notify the City of completion of the Work at least 10 days prior to the Completion Date and to call for final inspection by employees of the City. FINANCIAL GUARANTEE The Developer agrees to furnish the City with a Financial Guarantee in the form of a cash escrow in the amount of $3,000.00 . Such Financial Guarantee shall continue in full force and effect until the City Council shall have by motion approved and accepted all of the Work undertaken to be done, and shall thereby have released the Developer from any further liability; provided however, that the City Council may by motion reduce the amount of the Financial Guarantee upon partial completion of the work, as certified by the City Manager. Such Financial Guarantee shall be conditioned upon the full and faithful performance of all elements of this Agreement and upon compliance with all applicable Statutes, Codes, and Ordinances of the City, and shall further be subject to the following provisions which shall be deemed to be incorporated in such Financial Guarantee and made a part thereof. NOTICE The City shall be required to give prior notice to the Developer of any default hereunder before proceeding to enforce such Financial Guarantee or before the City under- takes any work for which the City will be reimbursed through the Financial Guarantee. Within 10 days after such notice, the Developer shall notify the City in writing of his intention to enforce any rights he might have under this Performance Agreement by stating in writing the manner in which the default will be cured and the time within which such default will be cured, said time not to exceed 60 days undless approved by the City. - (over please) i REMEDIES FOR BREACH At any time after the Completion date and extensions thereof, if any, of the work is deemed incomplete, the City Council may proceed in any one or more of the following ways to enforce the undertakings herein set forth, and to collect any and all overhead expenses incurred by the City in connection therewith, including, but not limited to engineering, legal, planning and litigation expenses, but the enumeration of the remedies hereunder shall be in addition to any other remedies available to the City. 1) Completion by the City. The City, after notice, may proceed to have the Work done either by contract, by day labor, or by regular City forces, and the Developer may not question the manner of doing such work or the letting of any such contracts for the doing of such work. Upon the completion of such Work the Surety and/or the Developer shall promptly pay the City the full cost thereof as aforesaid. In the event that the Financial Guarantee is in the form of a Performance Bond, it shall be no defense by the Surety that the City has not first made demand upon the Developer, nor pursued its rights against the Developer. 2) Funds on Deposit. In the event that the Financial Guarantee is in the form of cash, certified check, or other arrangement making the Financial Guarantee immediately accessible to the City, the City may, after notice to the Developer, deposit the Financial Guarantee in its General Account. The City may then proceed to complete the Work, reimburse itself for the cost of completion as defined hereunder, and return the balance to the Developer. A copy of this Performance Agreement shall be attached to the Cash Escrow, and reference to this Performance Agreement shall be made in such Financial Guarantee, but no corporate surety shall assert as a defense to performance hereunder, any lack of reference in the Financial Guarantee to this Performance Agreement. The original and two copies of this Agreement, properly executed, together with the appropriate Financial Guarantee shall be submitted to the City. N WITNESS WH REOF, the Developer and the City have executed this Agreement this -3day of--, 19r-2,. Witness Witness Subscribed and sworn to before me this day of 19 Zoning 0 ficia DELIVERY RECEIPT RECEIVED D TE FROM _. _ �-./� -/19 �'L' IN GOOD ORDER THE FOLLOWING ARTICLES 0 - . :m- 1 03,50 ADDRESSED TO IMPORTANT RETAIN THIS SLIP TO COMPARE WITH INVOICE PERJ- CO. GRAYUNE FORM S9647 U.S.A.