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Home My WebLink AboutPC79053 - 8/16/79 - 4748 France AveNmw %We PLANNING CONMUSSION FILE CHECKLIST File Purge Date: t2 9� FILE INFORMATION Planning Commission Application No. 790s.3 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 Historical Photographs: Planning Commission e%%fo/79 A2ZIled R%3v�7 9 City Vault City Vault City Vault City Vault City Vault City Archieve 1. CITY OF BROOKLYN CENTER PLANNING COMMISSION ZONING APPLICATION Application No. Please Print Clearly or Type 79053 Street Location of Property 4748 France Avenue North, Brooklyn Center, Minn. -,— Legal Description of Property Tract A, RLS No. 952, Henn._ Cty. Mn. (ID #10 118 21 42_ 0007) Owner ThA Estate of LestP*- E ra.ss _ Trust Dept. 1st National Bank Address 120 South 6th St. Mpls. Mn. Phone No. Applicant Marvin Greenwald, Dale Greenwald & Lorraine Wise Address 4748 France Avenue No. Mpls. Mn. Phone No. 535-0501 Type of Request: Rezoning Subdivision Approval Variance Site & Bldg. Plan Approval Special Use Permit Other: Description of Request: Request to vary from a 50' setback. to a 25' property____ F-ee $ 25.00 Receipt No. 51382 pp ica'nt s Signature $-2-79 Date PLANNING COMMISSION RE OMMENDATION Dates of P.C. Consideration: 9116 1-7q Approved Denied --V—/ this day of __ 19,7q, subject to the follow- ing conditions: C a i rm n ---------------------------------------------- Dates of Council Consideration: Approved amendment: CITY COUNCIL ACTION Denied this /0 day of 1979, with the following Clerk P/I Form No. 18 (over please) Planning Commission Information Sheet Application No. 79053 Applicant: Cass Screw Company Location: 4748 France Avenue North Request: Variance The applicant seeks a variance of 75 feet from the required 100 foot buffer strip where I-2 and R-1 abut at a property line. The variance is in conjunction with and applies to site and building plan approval for a 60' x 120' addition to the existing Cass Screw plant along the present 25' setback line. Cass Screw is bounded on the east by heavy industrial use, on the north by 48th Avenue, on the west by France Avenue, and on the south by three outlots measuring roughly 5' x 130' and zoned R-1 by ommission from any other zoning district. The outlots abut 47th Avenue North and belong to the owner of the apartment building at 3401 47th Avenue North. On the south side of 47th Avenue North are eight apartment buildings in the R5 zone. The applicant has submitted a letter explaining his reasons for requesting a variance (attached). In it he states that: 1. The building would not be as efficient if the addition must be set back more than 25 feet. 2. The addition will align with the existing building and both will be kept free of openings. 3. The character of the neighborhood would not be changed. 4. There is ample separation between the apartments and the Cass Screw plant. As to the outlots (known as outlots 1 through 7, Ryan Lake Terrace Addition) and this R1 zoning: The outlots were included in the approved plat of the Ryan Lake Terrace Addition (Planning Commission Application No. 60115) for the purpose of denying access onto 47th Avenue North of any industrial traffic from existing or potential uses to the north. Their existence has effectively barred industrial development on the north side of 47th Avenue North, even though 47th Avenue North is a public street. When the Ryan Lake Terrace property was first zoned for apartments in 1962, the entire plat (including the outlots) was zoned R-B!(a general apartment zone). In 1968, the entire Zoning Ordinance was revised and the description of land included in the R-5 district was changed to read: "Lots 1 through 7, Block 1, and Outlot 8, Ryan Lake Terrace Addition: Thus, Outlots 1 through 7 were omitted and, failing to appear in any other district, must be considered R-1 property. Staff can find no documentation of intent on for this rezoning. The Comprehensive Plan speaks to this location on page 68 in the following terms: Encourage "cleaning up of the industrial area near Ryan Lake, specifically out- door storage of materials and equipment, thereby improving the visual appearance of the area for the benefit of apartment dwellers directly to the south." A proposed zoning map included in the Comprehensive Plan, however, shows the R-5 zoning district line running along the north side of 47th Avenue North. If the intent of the Plan were to change the zoning to R-1, it would seem logical to show the zoning line on the south side of 47th Avenue North where it is now. 8-16-79 -1- Application No. 79053 If the outlots were zoned R-5, the setback requirement would be only 10' from an interior lot line. Likewise if the outlots were zoned I.2 or any other zone except R-1, R-2, or R-3, which require a 100' buffer greenstrip. The previous owner of the outlots in question has indicated, moreover, that the zoning of the outlots was never taken into consideration in the platting or rezoning of the Ryan Lake Terrace Addition. Al.so,the City Attorney has indicated that an R-1 is "unreasonable" since the lots are not even buildable. In light of the unique circumstances surrounding the parcel, staff recommends that the Planning Commission take two actions regarding the proposed variance: 1. Make a finding that the R-1 zoning of Outlots 1 through 7, Ryan Lake Terrace Addition is unintentional. 2. Recommend approval of a variance which is based on what the Outlots would be used for under normal circumstances, namely for public right-of-way. Such a variance would seem to meet the ordinance criteria of uniqueness, hardship, and compatibility with surrounding land uses. A variance based on the above -stated rationale, however, would be only 50' rather than 75' which the applicant seeks. If the above -stated reasoning is accepted (and made a part of any variance recommendation), any variance greater than 50' should be allowed only after amendment to the City's Zoning Ordinance Section 35-413 (1). 8-16-79 -2- Planning Commission Information Sheet Application No. 79053 Applicant: Cass Screw Location: 4748 France Avenue North Request: Variance - The applicant seeks a variance of 75' from the 100' buffer greenstrip required where I-2 and R-1 abut at a property line. The abutment involved is that of the Cass Screw property (I-2) to Outlots 1,2 and 3, Ryan Lake Terrace Addition which are technically zoned R-1 since they fail to appear ih any other zoning district. The Commission is referred to the information sheet and minutes for the previous meeting for more background on the requested variance. At the August 16th meeting, the Commission concluded that an inconsistency existed in the City's Zoning Ordinance relating to buffers separating Industrial and Multiple,Family Residential. The inconsistency results from requiring an industrial use to provide a 50' buffer when abutting R-4 through R-7 across a street, but requiring no extra buffer when abuttment is at a property line. Staff has prepared language for an ordinance amendment which would do away with the present inconsistency and would also allow Cass Screw to build the addition to their plant along the 25' setback line as proposed. If it desires, the Planning Commission may recommend approval of the proposed 25' setback either by means of granting a variance or by ma ing certain findings concerning the Ryan Lake Terrace Outlots and adopting an or finance amendment to Section 35-413. Granting of a variance is not recommend d since the standards for a variance are not clearly met by this application. It is, therefore, recom- mended that the Planning Commission consider a recommendation to adopt the attached ordinance amendment and make the following findings concerning the Ryan Lake Terrace Outlots. 1. That the R-1 zoning of Outlots 1 through 7, Ryan Lake Terrace Addition is unintentional. 2. That the intent of the outlots is to limit or prevOnt access from the industrially zoned property onto 47th Avemue North 3. That for setback purposes the outlots should be considered to be what they would be used for under normal circumstances, namely, public right-of-way. If the above findings are made, it shall be unnecessary to consider variances for any of the industrial uses to the..north.of 47th Avenue,:North so lonn;.as:those uses conform to ordinance setbarGk requirements. The findings amount to a_declaration that, for zoning purposes, the Outlots shall be considered the same as public right-of-way. 8-30-79