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Home My WebLink AboutPC79036 - 6/14/79 - 5000 France Ave. Nbftwol 1%. � PLANNING COMMMSION FILE CHECKLIST / File Purge Date: '51 95' FILE INFORMATION Planning Commission Application No. 79036 PROPERTY INFORMATION Zoning: R4 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 Tvoe 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 &/'/f 7 9 City Vault C°%?5/79 City Vault City Vault City Vault City Vault Historical Photographs: Planning Commission City Archieve Street Location of Property _ Legal Description of Property CITY OF BROOKLYN CENTER PLANNING COMMISSION ZONING APPLICATION Application No. Please Print Clearly or Type 5000 France Avenue North Section 10 Owner James Talmage (Mikros Engineering) Address 3715 - 50th Avenue North Applicant Same Address Type of Request: Description of Request: Fee $ Receipt No. not charge 79036 Phone No533-2497 Phone No. Rezoning Subdivision Approval Variance Site & Bldg. Plan Approval Special Use Permit X _ Other: Appeal Appeal from an Administrative Ruling regarding a rental dwelling. PLANNING COMMISSION RECOMMENDATION Dates of P.C. Consideration: Date Approved Denied this day of��_ 19 subject to the follow- ing condtions: Chairman -------------------------------------------- CITY COUNCIL ACTION Dates of Council Consideration: Approved ^ Denied_ this �day of -gin <-- 19 with the following amendment: _ Clerk P/I 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 days prior to the date of the regular Commission meeting, concurrent with filing the application required 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 ___-1 __.......--.-.. .-11-V1v11 JIICG I. Application No. 79036 Applicant: James Talmage Location: 5000 France Avenue North Request: Appeal from Administrative Ruling The applicant seeks reversal of an administrative ruling concerning use of a vacant nonconforming single family home at 5000 France Avenge North. He is seek- ing to obtain a Rental Dwelling License for that property to use the home for single family dwelling purposes. The property is zoned R4, in which single family homes are not a permitted use. According to Section 35-111 of the City Ordinances (attached), a nonconforming use which ceases for two years cannot be rezoned. City records indicate that the home has not been occupied since before January, 1977 and the Director of Planning and Inspection has refused to accept the owner's application for a Rental Dwelling License. A letter indicating the rationale for this decision is attached for your review. The applicant states in his letter of appeal (attached) that the property was purchased for the purpose of constructing a parking lot (this is accessory off - site parking for an industrial use, also a nonpermitted use in the R4 district). He contends that the reason the property has remained vacant for over two years is unusual since during that time he has had several discussions with members of the City staff regarding the use of the property for a parking lot. He feels such a use would be reasonable. In the past two years, there have been a number of written communications between the applicant and the former City Manager and the former Director of Planning and Inspection and various meetings at which time it was indicated that the parcel of land at 5000 France Avenue North cannot be used for off -site accessory parking. Mr. Talmage has also been urged to make the premises fit for use as a single family residence and the requirements of the Housing Maintenance Ordinance and Rental Dwelling License applications have been conveyed to him. Another consideration in this matter might be whether the property in question is appropriately zoned. Under current ordinance requirements for setbacks, density and parking, no more than three R4 type units could be placed on the parcel in question without a variance. The lot could possibly be considered less than suitable for the use to which it is zoned. The issue of zoning is important in this case since a rezoning to R1 or R2 make the appeal unnecessary. Strictly speaking, however, the Commission must either recommend upholding or overturning the Director of Planning and Inspection's ruling. For the Commission to overturn the ruling that a nonconforming use may not resume occupancy after being two years vacant, yet must note the unique circumstances surrounding the case and must determine that there is reason for a contrary ruling. The applicant will be present to make additional comments and to respond to questions by the Commission. 6-14-79 O 4 zc��av �oW W �� I > Y W W 1� °SIDE AVE C2 P•( , AVE N . 0861NSDALE i i y ' RYAN LAI 9 Y D Z U < > 44 t < � it I 46TM AVE