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N , O A* m ? �• C m m ro y m _ ,, ,+ m a m - m o• �• o' m '• CD N ,+ n CD w O o �n 0• � �• O m � nZ CD (D o 102 Co X M m � m Z mZ m w� oC) D CWfPlER: LEGAL DESCRIPTION: That part of Section 3, Township 118, Range 21, described as follows: commencing at a point of intersection of North -boundary line of Government Lot 2, Sec. 3, Twp. 118, Rng. 21, with East Bank of Twin Lake which point of intersection is 17 chains and 30 chains East of W 1/4 post of said Section 3, thence SE'ly along the East Bank of Twin Lake to a point which is 245.5 feet Southerly and measured at right angles from North line of said Government Lot 2, thence NE'Iy ;75,2 feet to a point 168 feet South of and measured at right angles from North line of said Government Lot 2, thence East pardllei with North line of aforementioned Government Lot 2, said point being 27.5 chains East from W 1/4 post of said Section 3, thence North 168 feet, thence West 673.2 feet to the point of beginning. LOT AREAS: BL0C-K LOT — 9,Z78.6 -0.FT. LOT — 9,378.E Q.FT. LOT .; - 9, 724 S6.FT LOT 1 - 9,.24 SQ.FT. ��Nr/✓1rtW� LUT `l�LC q T &-, z C.. c 7 L G q L.� cn w 00 O 98007.1eg Published 4/22/98 NOTICE OF HEARING ON PROPOSED PRELIMINARY PLAT CITY OF BROOKLYN CENTER Notice is hereby given of a public hearing to be held by the Planning Commission of the City of Brooklyn Center on the 30th of April, 1998 at 7:30 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider the proposed preliminary plat to be known as Twin Lake Overlook Addition for the property described as follows: That part of Section 3, Township 118, Range 21, described as follows: commencing at a point of intersection of North boundary line of Government Lot 2, Sec. 3, Twp. 118, Rng. 21, with -East Bank of Twin Lake which point of intersection is 17 chains and 30 chains East of W 1/4 post of said Section 3, thence SE'ly along the East Bank of Twin Lake to a point which is 245.5 feet Southerly and measured at right angles from North line of said Government Lot 2, thence NE'ly 175.2 feet to a point 168 feet South of and measured at right angles from North line of said Government Lot 2, thence East parallel with North line of aforementioned Government Lot 2, said point being 27.5 chains East from W 1/4 post of said Section 3, thence North 168 feet, thence West 673.2 feet to the point of beginning. This property is more commonly described as 5621 Indiana Avenue North. Said proposed preliminary plat has been submitted by Doug Peterson on behalf of Accessible Homes, Inc. to subdivide into five lots the current property at 5621 Indiana Avenue North. Dated: April 10, 1998 Ronald A. Warren Planning Commission Secretary STATE OF MINNESOTA) SS. >'ASUN PUBLICATIONS Sun Current • Sun Sailor • Sun Post AFFIDAVIT OF PUBLICATION COUNTY OF HENNEPIN) Doug Dance being duly sworn on an oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as Sun -Post which are stated below. and has full knowledge of the facts (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended. (B) The pri Notice of Public Hearing which is attached was cut from the columns of said newspaper, and was printed and published once each week, for one successive weeks; it was first publiished on Wednesday, the 22nd day of April , 1998, and was thereafter printed and published on every Wednesday to and including Wednesday, the day of 1998; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abedefgbijklmnopgrstuvwxyz BY: TITLE: Publisher Acknowledged before me on this 22nd day of April , 1998. Notaryublic . Kam... VICTORIA H. BROUILLETTE NOTARY PUBLIC—MINNESOTA MY COMMISSION EXPIRES 1.31.2000 RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.55 per line for comparable space (2) Maximum rate allowed by law for the above matter $ 6.20 per line (3) Rate actually charged for the above matter $ 1.24 per line City of Brooklyn Center. d, 4`a ` r_' � �- r�r �st(O�cial-Ppbiihation),:>y 41�.t s+;' r3ti ,.� w' ,NOTI O�,>Ct,EARING 3 1�I :,. 00PROPOSEDI-P PLe�II CPPY OF BROOKLYN CENTER Notice is hereby given ofa pubhchearing to be held by the Planning, Commission' of,the.City of Brooklyn Center on the 30th ofApril,,1998 at,7..:80 p.ni. at the City Hall; 6301 Shingle Creek Parkway to consider the proposed prelimi- nary plat to be known as Twin Lake Overlook Addition for the property described as follows „i.,, That part of Section 3 Iownship 118,1ange 21, de scribed as follows: commencing at s point of intersection of North bound- ary line of Government Lot 2, Sec. 3, Twp. 118, Rug. -21; with East Bank of Twin Lake -which point of inter- section is 17 chains and Mchains East-of::W 1/4 post of said Section 3; thence SE ly.along'the East Bank of Twin Lake to a pointwhich is 245.5 feet Southerly and measured at right angles from North;line of'said Gov- ernmentlLot'.2, thence'NE'ly 17U feet Wa point 168 feet South of and measured at right angles from North line:of said'Govorninent''LoV2; thence East parallel with North line of aforementioned Government Lot 2, said- point being 27.5.chains East from W 1/4 post of said Section 3, thence North 168 feet, thence West 1 673.2 feet to, the point of beginning, , This property is more commonly described as 5621 In- diana Avenue North. Said proposed preliminary,plat.has been submitted by Doug Peterson on behalf of Accessible Homes; Inc, to sub- divide into five lots the current property at 5621 Indiana Avenue North. Dated: April 13, 1998 Ronald A. Warren: Planning Commission Secretary. (April 22, 1998)Pl/Cty BC Prelim. Plat City of Brooklyn Center A great place to start, A great place to stay. April 24, 1998 Mr. Eric Thom on, P. E. Shingle Cree atershed Management Commission C/O Mont mery Watson 505 U.S. ighway 169, Suite 555 Minne, olis, Minnesota 55441 RE: Review Application Submittal TWIN LAKE OVERLOOK Indiana Avenue between Halifax and Twin Lake near 57th Ave. Dear Mr. Thompson: Enclosed, please find for your review, an application and plan showing a proposed preliminary plat at the above location. The parcel of property is 2.5 acres in size and exists as a single family residential parcel adjacent to a protected water (Twin Lake). The applicant is proposing to divide the property to add four additional residential lots. Currently, June Avenue terminates at the north line of the property and Indiana Avenue at the south line. A street extension to connect the two existing streets is proposed. The proposed street extension area already exists as a utility easement, with sanitary sewer and water main conduits in place. Please review and schedule for consideration at the Commission's May 14, 1998 meeting as appropriate. If you have any questions or need additional information, please contact me. Sincerely Scott A. Brink, E. City Engineer CC: �,--Ron Warren Diane Spector File - Twin Lake Overlook 6301 Shingle Creek Pkwy, Brooklyn Center, JUN 55430-2199 • City Hall & TDD Number (612) 569-3300 Recreation and Community Center Phone & TDD Number (612) 569-3400 • FAX (612) 569-3494 An Affirmative Action/Equal Opportunities Employer April 20, 1998 Mr. Doug Peterson Accessible Homes, Inc. 4174 Douglas Drive N Crystal, MN 55422 Dear Mr. Peterson, Please be advised that the Planning Commission of the City of Brooklyn Center will review Planning Commission Application No. 98007, submitted for preliminary plat/subdivision approval, at its meeting on Thursday, April 30, 1998, at approximately 7:30 p.m. in the City Hall Council Chambers, 6301 Shingle Creek Parkway. The applicant or a designated representative must be present at this meeting. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569-3300 to make arrangements. If you have questions or comments regarding this matter, please contact me. Sincerely, Ronald A. Warren Planning Commission Secretary RAW : rsc cc: File No. 98007 May 4, 1998 Mr. Doug Peterson Accessible Homes, Inc. 4174 Douglas Drive N Crystal, MN 55422 Dear Mr. Peterson: Please be advised that the City Council of the City of Brooklyn Center will review Planning Commission Application No. 98007, submitted for preliminary plat/subdivision approval, at its meeting on Monday, May 11, 1998 in the City Hall Council Chambers, 6301 Shingle Creek Parkway. This City Council Meeting begins at 7:00 p.m. and this matter will be considered as soon thereafter as the City Council's agenda will permit. The applicant or a designated representative must be present at this meeting. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569-3300 to make arrangements. If you have questions or comments regarding this matter, please contact me. Sincerely, Ronald A. Warren Planning Commission Secretary �VZIIZIy To: Michael 1. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Specialist Subject: City Council Consideration Item - Planning Commission Application No. 98007 Date: May 6, 1998 On the May 11, 1998 City Council Agenda is Planning Commission Application No. 98007 submitted by Accessible Homes, Inc. (Doug Peterson) requesting Preliminary Plat approval to subdivide into five lots the. property currently addressed as 5621 Indiana Avenue North . Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 98007 and also an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their April 30, 1998 meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions of approval recommended by the Planning Commission. Application Filed on 4-9-98 City Council Action Should Be Taken By 6-8-98 (60 Days) Planning Commission Information Sheet Application No. 98007 Applicant: Accessible Homes, Inc. (Doug Peterson) Location: 5621 Indiana Avenue North Request: Preliminary Plat The applicant is seeking preliminary plat approval to subdivide into five lots the property that is currently addressed as 5621 Indiana Avenue North. The property in question is zoned R-1 (Single Family Residence) and is a 109,132.9 sq. ft. (2.51 acre) parcel of land lying between Twin Lake and Halifax Avenue North, just southerly of 57th Avenue North. The property is bounded by Twin Lake on the West; single family homes facing June and Halifax Avenues on the north; Halifax Avenue on the east; and single family homes facing Indiana and Halifax Avenues on the south. The subdivision would create four new lots for development and one lot which would contain an existing single family home. Fifty feet of new right-of-way will be dedicated to extend a public street that would connect the existing June and Indiana Avenues and 56 feet of right-of-way will be dedicated on the east end of the plat for the balance of right-of-way needed for Halifax Avenue. The existing legal description is a cumbersome metes and bounds description taking off from the old Government Lot 2, Section 3, Township 118, Range 21. The proposed legal description would be Lots 1 through 4, Block 1 and Lot 1, Block 2, Twin Lake Overlook Addition. Lot 1, Block 2 is the site of the house "addressed 5621 Indiana Avenue, which address will continue to be used to identify the property. This lot will have 168.11 ft, of frontage along Indiana Avenue and be 51,563.2 sq. ft. in area. Lots 1 and 2, Block 1, will each be 84 ft. by 116.65 ft. (9,798.6 sq. ft.) and front on Halifax Avenue, Lot 4, Block 1 will be 84.06 ft. wide and 10,209.2 sq. ft. in area with an average depth of approximately 118.4 ft. while Lot 3, Block 1 will be 84.06 ft. wide and 9,949.6 sq. ft. in area with an average depth of approximately 121.5 ft. These two lots will front on the new roadway connecting June and Indiana, which will be known as Indiana Avenue in this location. The reason Indiana will be used to identify the roadway is to avoid as much confusion as possible with the development of this new section of road. The existing house in the plat has an Indiana address as do all of the homes south of it. The two new lots will face Indiana and should also have Indiana addresses. The existing homes north of the plat all have June Avenue addresses. The City could unilaterally change the addresses or street names in this area, but it would cause a number of problems for existing residents. It seems better to sign the 4-30-98 Page 1 street in the location where the change from June Avenue to Indiana Avenue will take place and not 'require wholesale address and street name changes in this area. The new portion of Indiana Avenue will have 50 ft. of right-of-way to match with the June Avenue right-of-way to the north, however, the Indiana Avenue right-of-way south of the plat is only 33 ft. wide. The surface area of roadways will be a standard width and connect the two paved roadway surfaces. The area proposed for the new Indiana Avenue right-of-way is already a 50 ft. wide drainage and utility easement and contains an eight inch sanitary sewer and a water main which will serve the lots on Indiana Avenue. This plat will dedicate this area for right-of- way as well. Water main exists in the Halifax Avenue right-of-way and will serve the lots abutting Halifax. Sanitary sewer will need to be extended from the north to serve these new lots. The City Engineer is reviewing the plat for roadway and utility extensions. Costs associated. with the utility and roadway work will be borne by the developer. All of the proposed lots meet the minimum requirements for single family residential lots. The preliminary plat shows the 856 ft. contour which is the 100 year flood elevation for Twin Lake. The preliminary plat also shows the high water mark for Twin Lake, which is at the 855.1 ft. contour. All building sites must have a finished floor elevation at least one foot above the 100 year flood elevation. That finished floor elevation must, therefore, be at a minimum elevation of 857 ft. The preliminary plat shows 5 ft. wide drainage and utility easements around the interior and rear property lines and 10 ft. wide drainage and utility easements along roadway right-of- way in Block 1. No such easements are shown around the existing property in Block 2. Such easements should be indicated for the existing lot as well. The preliminary plat also shows the location of various sheds on the site as well as an existing garage. The three sheds will need to be removed. The easterly two because they will be on a newly created lot. The one shed on the existing lot will exceed the number of allowable accessory buildings for a residential lot in the city. This shed, too, should be removed. The existing garage can remain and will have a setback of 25 ft. from the new Indiana right-of-way. This alignment is consistent with some of the other accessory buildings located in the immediate area and we do not believe it is necessary that the garage be removed. This plat, because it abuts public water, will have to be reviewed and approved by the Shingle Creek Watershed Management Commission. Application is being made for this review, however, it is not anticipated that the watershed review will be completed prior to the Planning Commission's consideration of this matter. A public hearing has been scheduled for this preliminary plat and notice of the Planning Commission's consideration has been published in the Brooklyn Center Sun/Post. RECOMMENDATION 4-30-98 Page 2 The proposed preliminary plat appears to be in order and approval of this application is recommended subject to at least the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the city ordinances. 3. Appropriate drainage and utility easements shall be provided around the proposed Lot 1, Block 2 in a manner acceptable to the City Engineer prior to final plat approval. 4. This preliminary plat is subject to the review and approval of the Shingle Creek Watershed Commission prior to final plat approval by the City. 4-30-98 Page 3 PLANNING r COMMISSION APP NO. 98007 C� 1 , �UDL` LAKE rrry urg 467W A'E. N. CITY of�,oB8lwsoa� AAW ■ 1 II,A I� 1i~1 � A•� 4-d �- Am 1 � SSTH AVE. V C2 ' R5 T R LAVE u ON AVE 12 r; 4Tr4 AVc RYA.N LACE j i a5'H AVE. =T AItNI I A i{,r- 1 YY 11V LJ'AI\L- 10 si t°I --- ------- 1 m 0 W4TCR YYY - ' i,•vinl rn — _ 1 s-SSJNDIANA AVE�UN 2 S 2'2T24 uvi:� nv�. I. se.lN� O E, I6e.o0u iF o I`{�)7• 5 -a�• I TO EE V uI D) yl- 84.00 B{.00 +• � � 5AM1,Ar CC•q+ S 0.2i`00° E— 'r— � $ s .ATFA u.w HALIFAX AVENUE N "s � 11 .......... CD �x `- y,EaOi `t°R Fi 3 F -x sPt$•� css $" '�3 = am pP °zS 0o r>' HY—LAND SURVEYING, P.A.1JRVEY'OR'S CEP.T(F1CATl0\' JOB NU.VBER' LEGAL DESCRIPTION: AUDITOR'S SUSDMSION NO. VIS, I :.,'�•'w. �°y.,em �'•.+i ur w°. w.iw 14068 SECTION 3, TOWNSHIP 118. RANGE 21. LAND SURVEYORS 1 8700 JEFFERSON HIGHWAY 1i""00j ` "'"'°~h <"'0" ^'° o - Denotes Iron uonument OSSEO, MINNESOTA 55360 FIELD BOOK 1,VMBER REIA ED: sPRIL tOTN• 1998 PHONE: 493-5761 FAX493-5781 s'9"a 21t-25 MEMORANDUM DATE: April 28, 1998 TO: Ron Warren, Planning and Zoning Specialist FROM: Scott Brink, City Engineer SUBJECT: Preliminary Plat Review Comments Twin Lake Overlook I have reviewed the above preliminary plat and offer the following comments at this time. Comments are based upon a copy of the preliminary plat prepared by Hy -Land Surveying, P. A.; dated April 10, 1998. 1. The plan essentially provides for the division of the existing property into five parcels. A single parcel containing an existing occupied household would be located between Twin Lake and a proposed Indiana Avenue extension. Four single family lots would be created between the new Indiana Avenue and existing Halifax Avenue. 2. The total size of the property is approximately 2.5 acres. Typically, residential properties of less than five acres do not require review by the Shingle Creek Watershed Commission. However, because the property borders a protected water (Twin Lake), review by the watershed is required. A. The 100 year high water level is 856.1 feet in accordance with the Shingle Creek Watershed Management Plan. This elevation needs to be further confirmed with the Commission. It would appear that at least some portion of the proposed street (Indiana Avenue) would fall within the 100 year flood envelope. However, this may be acceptable, provided that either no filling within the flood plain occurs, or any filling that nyy be needed is compensated for as required. Drainage must also be considered in the he design and elevation of the street, described further in this memorandum. B. It is anticipated that further comments will be received from the Shingle Creek Watershed Commission after their review of the plat at their May 14, 1998 meeting. 2. Sanitary Sewer and Water currently are available to serve all of the proposed parcels with the exception of the two lots on Halifax Avenue where sanitary sewer would need to be extended from the north down Halifax Avenue. Sanitary sewer and water are already available within the proposed Indiana Avenue extension, which currently exists as a 50 foot wide sewer and water easement. The existing dwelling is served from this easement. A. In addition to extension of the sewer on Halifax, the property owner would also be responsible for all connections to the water and sewer mains, including wyes and/or services. Hook up charges for sewer and water would be levied against the four lots between Indiana and Halifax; the two bordering Indiana at deferred rates with the two bordering Halifax at current rates. 3. For the two parcels adjoining Halifax Avenue, it is proposed to vacate 10 feet of the existing right of way. The existing Halifax right-of-way is 76. 5 feet. In comparison to other City streets, most residential streets have 60 foot right of way widths, and state - aid collector streets such as Logan Avenue (53rd to 57th) and France Avenue (69th to 73rd) have right of way widths of 66 feet. Halifax at this location is designated as a state - aid street. Vacation of the westerly 10 feet, and preservation as a utility easement would therefore appear to be acceptable. 4. The grade and drainage of the proposed Indiana Avenue extension will need to be considered in relation to the two existing streets on each side. Storm drain facilities in this area are limited. A 30 foot wide bituminous street with concrete curb and gutter per City standards would be required. 5. A Subdivision Agreement should be executed which details all of the expectations regarding design and construction of infrastructure improvements, the proposed vacation, and utility hook-ups. 4-29-98 SHINGLE CREEK WATERSHED MANAGEMENT COIv SSION PROJECT REVIEW SC 98-05: Twin Lake Overlook Owner: Douglas Peterson REMAX 7240 Brooklyn Boulevard Brooklyn Center, MN 55429 Purpose: Approval of a Wetland Alteration Plan. Location: Southwest quadrant of 57`h Avenue N. and Halifax Avenue N., Brooklyn Center. Exhibits: L Project Review Application submitted by Scott Brink, City of Brooklyn Center, dated April 24, 1998. 2. Preliminary plat prepared by Hy -Land Surveying, dated April 1, 1998. FindinjZs: 1. The proposed project is the subdivision of a single 2.5-acre parcel into five lots. An existing house riparian to Upper Twin Lake will occupy a 1.2-acre lot while the four newly divided lots will each be 0.2 acres in size. The remaining area will be set aside for an extension of Indiana Avenue north to the terminus of June Avenue. This roadway extension will isolate the existing residence, placing it between Twin Lake and the new Indiana Avenue and the four new lots between Indiana and Halifax Avenues. 2. A complete project review application was received on April 27, 1998. To comply with the 60-day review period, the Commission must approve or deny this project no later than the June 11, 1998 meeting. Sixty days expires on June 26, 1998. 1- 3. The project site lies adjacent to DNR Protected Water 42P (Twin Eake). The OHW of Twin Lake is 853.5. This OHW is confined to the lot where the existing house is and no work is to be performed here. As such, there will be no impact to the DNR protected water. 4. NWI maps show no jurisdictional wetlands on site. 5. The 100-year flood elevation of Twin Lake is 855.9 (Shingle Creek Twin Lake XP-SWMM model, 1997). The 100-year floodplain is contained within the lot occupied by the existing home with exception of a short finger which extends into the right-of-way for the Indiana Avenue extension. While not specifically a part of this project, when the road is constructed approximately 21 cubic yards of floodplain fill will be placed. 6. Proposed building lowest floor elevations have not been proposed. To satisfy Commission freeboard requirements, a minimum floor elevation of 856.9 must be specified for each of the four new lots. PROJECT REVIEW SC 98.05: Twin Lake Overlook 7. Per Commission standards, water duality treatment measures are not required for this small residential development, 8. No Erosion Control Plan has been submitted. Recommendations: Approval .pending receipt of: 1. An Erosion Control Plan. 2. Documentation specifying minimum floor elevations for Lots 1-4, Block 1 of 856.9. 3. A revised preliminary plat granting easements over Twin Lake 100- year floodplain. Approval will be given upon receipt of above listed items at the office of the Commission's engineer. MONTGOMERY WATSON Engineers for the Commission 4-29-98 Eric J. Thompson, P.E. Date MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION APRIL 30, 1998 CALL TO ORDER The Planning Commission met in a study session called to order by Chair Willson at 7:30 p.m. ROLL CALL hair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Edward Nelson, and Dianne Reem were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren and Planning Commission Recording Secretary Arlene Bergfalk. Commissioner Rex Newman was excused. APPROVAL OF MINUTES - APRIL 16 1998 There was a motion by Commissioner Boeck, seconded by Commissioner Nelson, to approve the minutes of the April 16, 1998 meeting as submitted. The motion passed unanimously. CHAIR'S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. ACCESSIBLE HOMES, INC. (DOUG PETERSON) - APPLICATION NO. 98007 Chair Willson introduced Application No. 98007, a request submitted by Doug Peterson, Accessible Homes, Inc. for approval of a preliminary plat to subdivide into five lots property currently addressed 5621 Indiana Avenue North. The application was filed on 04-09-98 and City Council action should be taken by 06-08-98 (60 days). Mr. Warren presented the staff reports and used overhead transparencies to show the location of the property and the Twin Lake Overlook preliminary plat. (See attached Planning Commission Application Information Sheet dated 04-30-98; memorandum dated 04-28-98 from Scott Brink, City Engineer; and Shingle Creels Watershed Management Commission Project Review SC 98-05: Twin Lake Overlook, dated 04-29-98.) This plan provides for the division of a 2.51 acre parcel of R-1 property into four new lots and one lot that contains an existing occupied single family home. The existing home, on the proposed Block 2, Lot 1, located between Twin Lake and a proposed Indiana Avenue extension and the 4 single family lots, on the proposed Block 1, Lots 1-4, are located between the new Indiana Avenue and existing Halifax Avenue. The existing home is addressed Indiana and Lots 3 and 4 will face the HE 1 'V new roadway and will be addressed off Indiana. The road extension connecting June and Indiana will be identified as Indiana to avoid confusion over development of the new section of road. Appropriate signage will be provided. Mr. Warren reviewed the right-of-way dedications, described the standard width new paved roadway, outlined the existing and extended water mains and sanitary sewer lines, and noted that the costs for utility extensions and roadway work will be borne by the developer. Mr. Warren explained that the newly created lots meet minimum requirements for single family residential lots. Building sites must have a finished floor elevation at least one foot above the 100 year flood elevation (857- refer to Watershed Commission preliminary report 0-29-98). Easements for drainage and utilities are adequate, however the plat does not show the easements for the existing lot and should be included. Mr. Warren stated the existing garage can remain, however, three sheds in various locations must be removed to meet city accessory building ordinance restrictions. The Shingle Creels Watershed Management Commission provided a preliminary review of the plat (referenced previously), however, a final review by the Commission is not scheduled until May 14. Notice of a public hearing on the Application scheduled at this meeting was published in the Sun/Post. Additional notifications are not required for this application. Mr. Warren stated the proposed preliminary plat appears to be in order and recommended approval of the application subject to four conditions outlined in the staff report and a fifth condition added by Mr. Warren during his presentation related to the need for a subdivision agreement covering the road improvements and vacation of right of way, and utility hookups. Chair Willson called for discussion/questions from the Commissioners. Commissioner Boeck inquired about the easements for the electric transmission towers/lines that pass through the property. Mr. Warren clarified that easements shown should cover those towers. Commissioner Boeck also inquired about the setbacks for the existing garage. Mr. Warren explained that although the setback is 25' vs. the required 35' this is not a major issue and corresponds with others in the neighborhood. In response to Boeck's questions regarding lot size and the elevation, Mr. Warren reiterated that all lots meet requirements and that while there is a one -tenth foot discrepancy regarding the high water mark between the City's information and the Watershed Commission's information, all finished floor elevations must be at the minimum elevation. PUBLIC HEARING - APPLICATION NO. 98007 - ACCESSIBLE HOMES INC There was a motion by Commissioner Nelson, seconded by Commissioner Reem, to open the public hearing on Application No. 98007 at 7:55 p.m. The motion passed unanimously. Mr. Doug Peterson, 4174 Douglas Drive, Crystal, MN, stated he had no additions to Mr. Warren's presentation, however, he was prepared to answer Commissioners' questions. Mr. Peterson explained that he is the developer of the project and that a builder(s) will construct the homes on the new lots. 4-30-98 2 With respect to the power line easements, Mr. Warren indicated that he would contact the City Engineer to determine whether the easements shown are adequate. Several Commissioners asked what types of homes will be built on the new lots. Mr. Peterson indicated the homes will be in the $150,000-$200,000 range and will be built to the specifications of the lot buyers with an emphasis on accessible homes of varying designs, probably without stairs or basements, and with attached garages. Commissioner Erdmann noted the Comprehensive Plan recommends more diversity in the city's housing stock including larger, modern family homes, and suggested that builders consider these lots for such home construction. Mr. Peterson agreed and indicated the new homes will be tasteful and fitting in the neighborhood. No other individuals from the public appeared before the Commission during the public hearing on Application No. 98007. CLOSE PUBLIC HEARING - APPLICATION NO. 98007 There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to close the public hearing at 8:10 p.m. The motion passed unanimously. Chair Wilson called for additional questions/discussion from the Commissioners. In response to Commissioner Boeck's question regarding'public input to this application, Mr. Warren reiterated that the subdivision ordinance does not require mailing of individual notices to surrounding properties. He pointed out, however, that this does not preclude any person from malting comments on the application at this meeting or the Council meeting where final action will be taken. In response to Commissioner Nelson's question on the naming of the new roadway, Mr. Warren reiterated the City's desire to limit confusion and to avoid any changes of current addresses in the area. He assured that appropriate signage will be installed in proper street positions. The Commissioners did not interpose any objections to the proposed preliminary plat described in Application No. 98007, submitted by Accessible Homes, Inc. (Doug Peterson). Mr. Warren reiterated that the adequacy of easements provided for the electric towers/lines will be verified. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 98007 - ACCESSIBLE HOMES INC - DOUG PETERSON There was a motion by Commissioner Boeck, seconded by Commissioner Nelson, to recommend to the Council that it approve Application No. 98007, a request for preliminary plat approval to subdivide into 5 lots property currently addressed 5671 Indiana Avenue North, Brooklyn Center, MN, subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the city ordinances. 4-30-98 3 Appropriate drainage and utility easements shall be provided around the proposed Lot 1, Block 2 in a manner acceptable to the City Engineer, and the required easements on the other lots be verified; prior to final plat approval. 4. This preliminary plat is subject to the review and approval of the Shingle Creels Watershed Commission prior to final plat approval by the City. The applicant shall enter into a subdivision agreement related to design and construction of infrastructure improvements, the proposed vacation of right of way and utility hookups prior to final plat approval. Voting in favor: Chair Willson, Commissioners Boecic, Erdmann, Nelson, and Reem. The motion passed unanimously. The Council will consider the recommendation at its Monday, May 11, 1998 meeting. The applicant must be present. Major changes to the application as reviewed by the Commissioners will require that the application be returned to the Commission for reconsideration. OTHER BUSINESS The next meeting of the Planning Commission is scheduled for Thursday, May 14, 1998. Mr. Warren briefly reviewed agenda items for that meeting. Mr. Warren responded to questions regarding various projects in the city including current endeavors regarding the reinstatement of the Brooklyn Boulevard improvement/streetscape project scheduled to begin in 2000. Commissioner Reem inquired about the status of a project presented to the Council earlier this year that announced placement of flower containers at several Brooklyn Boulevard intersections this spring. It is believed this plan is a private citizen/business collaboration that does not involve the City. Mr. Warren indicated he did not have any information on the undertaking. ADJOURNMENT There was a motion by Commissioner Boecic, seconded by Commissioner Erdmann, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:35 p.m. Chair Recorded and transcribed by: Arlene Bergfalk Timesaver Off Site Secretarial, Inc. 4-30-98 4 PARTICIPATION IN THE NSP LOCAL GOVERNMENT ENERGY CONSERVATION PROGRAM This item was removed from the Consent Agenda and moved to item no. 91 under Council Consideration Items. 7f. LICENSES A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve the following list of licenses passed unanimously. M E CHANICAL SYSTEMS American Heating & Air Supply, Inc. Forced Air Inc. d.b.a. Wenzel Heating & A/C United Heating and Air Conditioning Inc. RENTAL DWELLINGS Initial: Myrna G. Hlady Renewal: Wiensch Construction Olympic Development Co. LaSalle Mgmt Group (CHDC Ltd. Partnership) LaSalle Mgmt Group (CHDC Ltd. Partnership) Dorothy Ostrom-Ringstrom Jay Showalter ACR Homes, Inc. Kenneth R. Johnson TAXICAB COMPANIES Town Taxi #21, 109, 133, and 602 North Star #170 8347 University Ave. NE, Spring Lake Park 4131 Old Sibley Mem. Hwy #200, Eagan 1295 Hackamore Road, Medina 5470 72nd Circle Georgetown Park Townhomes Lyn River Apartments Unity Place 5300-5448 Ponds Dr. Unity Place 7225-7274 Unity Ave. N. 6025 Brooklyn Blvd. 6742-44 France Ave. N. 7110 Riverdale Road 5301 Winchester Lane 7000 57th Ave. N., Crystal 1213 Lake Street, Minneapolis TOBACCO RELATED PRODUCT TMG Enterprises, Inc. 1329 Brookdale Center 8. PLANNING COMMISSION ITEM 8a. PLANNING COMMISSION APPLICATION NO. 98007 SUBMITTED BY 5/ 11 /98 -4- ACCESSIBLE HOMES, INC. (DOUG PETERSON) Planning and Zoning Specialist Ron Warren reviewed Planning Commission Application No. 98007 submitted by Accessible Homes, Inc. (Doug Peterson). He explained the request is for preliminary plat approval to subdivide into five lots the property currently addressed as 5621 Indiana Avenue North. The subdivision would create four new lots for development and one lot which would contain an existing single family home. The preliminary plat shows the extension of Indiana Avenue to link to June Avenue. All of the proposed lots meet the minimum requirements for single family residential lots. Two lots will front on the new roadway connecting June and Indiana Avenues; the other two lots will front on Halifax Avenue, The Planning Commission recommended approval of the preliminary plat at its April 30, 1998, meeting. Councilmember Carmody noted in the City Engineer's report there was mention of a portion of the roadway being in the flood plain. Mr. Warren responded that a slight portion would be in the 100 year high water level. It was allowable and not uncommon to have a roadway in a flood plain. Councilmember Hilstrom raised the issue of notification to the property owners of the dead-end street converting to a through street. Mr. Warren responded the requirement is to publish the public hearing notice in the local newspaper; however, there is no requirement to individually notify surrounding property owners. There was a motion by Councilmember Carmody and seconded by Councilmember Lasman to approve Planning Commission Application No. 98007 submitted by Accessible Homes, Inc. (Doug Peterson) requesting preliminary plat approval subject to the following conditions recommended by the Planning Commission: 1. The final plat is subject to review and approval by the City Engineer, 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Appropriate drainage and utility easements shall be provided around the proposed Lot 1, Block 2 in a manner acceptable to the City Engineer, and the required easements on the other lots be verified, prior to final plat approval. 4. This preliminary plat is subject to the review and approval of the Shingle Creek Watershed Commission prior to final plat approval by the City. 5. The applicant shall enter into a subdivision agreement related to design and construction of infrastructure improvements, the proposed vacation of right of way, and utility hookups prior to final plat approval. The motion passed unanimously. 5/11/98 -5- MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Ronald A. Warren, Planning and Zoning Specialist DATE: May 29, 1998 SUBJECT: Twin Lake Overlook Addition You have requested some background information on the recently proposed Twin Lake Overlook Addition plat that would create four new lots along with an existing lot and extend Indiana Avenue to connect with June Avenue. This preliminary plat was submitted by Doug Peterson, who apparently reached a purchase agreement with the owner of the property addressed as 5621 Indiana Avenue North, Rosemary Crosby Wiley. This property currently divides June Avenue on the north and Indiana Avenue on the south. Attached for your review is a copy of the Planning Commission Information Sheet for Application No. 98007 with attachments, which was presented to the Planning Commission at the time this proposal was reviewed. The preliminary plat shows the ability to create four new lots, two abutting Halifax Avenue North and two abutting an extended Indiana Avenue. It would also create a lake lot where the existing home is located, which would also abut the extended Indiana Avenue. In my opinion, this plan creates the maximum number of lots attainable from the existing 2.51 acre parcel while still meeting all of the requirements in the city's subdivision and zoning ordinances. Over the years we have reviewed a number of possible lot splits with the owner of the property and other interested parties with as many as six potential lots and as few as two potential lots being looked at. It has always been pointed out to potential subdividers that the question of the connection of June and Indiana Avenues will have to be addressed when this lot is divided. The alignment of the two streets in this area and the fact that sewer and water lines connect June and Indiana through a utility easement in this area make it obvious that the long range intent was to connect the two streets as well. Indiana Avenue was dedicated as a 33 ft. wide right-of-way in 1921 The property north of the Crosby Wiley property, the Edling 4th Addition, was subdivided in 1967 with the last segment of June Avenue dedicated in that plat at that time. Dale's Twin Lake Addition was approved in 1955 and included a number of lots that were created south of the Crosby Wiley property. RLS 1417 was approved in 1975 and created two lots abutting Halifax and one lot abutting Indiana Avenue, also south of the Crosby Wiley property. Michael J. McCauley Page 2 May 29, 1998 The owner of the property at the time of these subdivisions, Rosemary Crosby Wiley's father, chose not to participate in the platting processes going on at that time and was not willing to dedicate the right-of-way necessary to connect the two streets. It certainly was his right as a property owner to not participate in the dedication or to subdivide his property at the time. Now that the property is being considered for division, the roadway issue must be addressed. Either the proposed street connection must be made, or a cul-de-sac would have to be established if access to abutting properties is to be obtained or, finally, a "hammerhead turn around area" ending June and Indiana would need to be dedicated provided no access to abutting lots is to be gained from this area. The subdivider has proposed to pursue the connection of the two streets, which maximizes the number of lots that can be created and the minimum requirements of the city ordinances appear to be met. I hope this memo addresses your inquiry, if you have further questions, please contact me. CC: Jane Chambers, Assistant City Manager Brad Hoffman, Community Development'Director