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Waiver of Plat-LeadensNovember 21, 1988 WAIVER OF PLAT- LEADENS 7 Blake Road South Planning Report: WVR88 -3 Proposed Action. Staff recommends approval of the following motion: Move that the Waiver of Plat to divide 7 Blake Road South is approved. This action will allow the north 13 feet of 7 Blake Road South to be combined with 1202 Excelsior Avenue and the rest of the property to be combined with 11 Blake Road South. • Overview. The applicant is requesting to divide 7 Blake Road and combine the north. 13 feet with 1202 and the rest with 11 Blake Road. The applicant is also requesting to rezone the north 13 feet to B -1 and keep the south half residential Each half would be combined with the adjacent lots. 1202 Excelsior is the site of Leadens Investigative Services and 11 Blake Road South is a single family home. 7' - Blake Road is a non - conforming lot because it does not have the required area for an R -1 -C lot. By adding the additional area the lot becomes conforming. Issues to Consider. Is -there a reason to divide the lot without the rezoning? Supporting Documents. o Location map o Background Nancy S Communit Analyst Anderson Development Resolution 4 ,,. WVR:88 -3 Page 2 - Is there a reason to divide the lot without the rezoning? Without the rezoning, the applicant cannot construct the addition to his business. The staff finds no reason to divide the lot if the rezoning is not granted. However, if the rezoning is granted the staff recommends a waiver of the plat to combine the northerly 13 feet of 7 Blake Road with 1202 Excelsior and combine the rest of 7 Blake Road with 11 Blake Road. The combining of the 35 feet with 11 Blake Road will make the lot conforming with the area required for an R -1 -C district lot. Alternatives. 1. Grant the applicants request. This alternative will allow the applicant to construct an addition plus create a conforming residential lot. 2. Deny the applicants request. This alternative will not allow the applicant to construct his addition and also allow two non- conforming lots to exist. If the rezoning is denied the waiver should also be denied. 3. Continue for further information. If the Commission feels that further information is needed, the item should be continued. CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 88 -100 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING APPLICATION FOR WAIVER OF PLATTING REQUIREMENTS WVR88 -3 WHEREAS, an application for a Waiver of the Platting Requirements entitled WVR:88 -3, made by William Leadens, to divide the property at 7 Blake Road South is approved. WHEREAS, the procedural history of the application is as follows: 1. That an application for Waiver of Platting Requirements WVR:88 -3, was filed with the City of Hopkins on November 14, 1988. 2. That the Hopkins Planning Commission reviwed such application on November 29, 1988. 3. That the Hopkins Planning Commission, pursuant to published and mailed notices, held a public hearing on November 29, 1988: all persons present at the hearing were given an opportunity to be heard. 4 4. That the written comments and analysis of the City Staff and the Planning Commission were considered. NOW THEREFORE BE IT RESOLVED, that application for Waiver of Platting Requirements WVR88 -3 is hereby approved subject to the following Conditions: 1. That the waiver of plat to combine the southerly 35 feet of 7 Blake Road with 11 Blake Road will create a more conforming lot. 2. That the additional land to 11 Blake Road will Great a buildable lot. BE IT FURTHER RESOVED, that application for Waiver of Plat WVR88 -3 is hereby approved subject to the following conditions: 1. That the rezoning is granted. 2. That the additional land acquired by the waiver be combined with the respective lots. 3. That the Hennepin County Registrar finds the legal description of the division acceptable Adopted this 13th day of December, 1988. Donald J. Milbert, Mayor CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 88 -100 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING APPLICATION FOR WAIVER OF PLATTING REQUIREMENTS WVR88 -3 WHEREAS, an application for a Waiver of the Platting Requirements entitled WVR:88 -3, made by William Leadens, to divide the property at 7 Blake Road South is approved. WHEREAS, the procedural history of the application is as follows: 1 That an application for Waiver of Platting Requirements WVR:88 -3, was filed with the City of Hopkins on November 4, 1988. 2. That the Hopkins Planning Commission reviwed such application on November 29, 1988. 3. That the Hopkins Planning Commission, pursuant to published and mailed notices, held a public hearing on November 29, 1988: all persons present at the hearing were given an opportunity to be heard. 4. That the written comments and analysis of the City Staff and the Planning Commission were considered. NOW THEREFORE BE IT RESOLVED, that application for Waiver of Platting Requirements WVR88 -3 is hereby approved subject to the following Conditions: 1. That the waiver of plat to combine the southerly 35 feet of 7 Blake Road with 11 Blake Road wil crenate ar reforming lot. 2. rea from he 1 .- ' Ci- plat. 7,1 Cf CT _ Q. bvi l dam BE U'THER RESOVED, that application for Waiver of Plat WVR88 -3 is hereby approved subject to the following conditions: 1. That the rezoning is granted. 2. That the additional land acquired by the waiver be combined with the respective lots. 3. That the Hennepin County Registrar finds the legal description of the division acceptable Adopted this 13th day of December, 1988. Donald J. Milbert, Mayor MEMORANDUM DATE: November 28, 1988 TO: Zoning & Planning Commission FROM: Nancy S. Anderson CV j 4 SUBJECT: Leadens Investigations This memo is to clarify a few items in the staff report. First, the foot print of the addition is not correct. At first I informed the applicant that he needed a 10 foot rear yard setback, but when a business district abutts a residential district, the rear yard setback is the same as the residential district. In this case the rear yard setback is 35 feet. The applicant has not decided on whether he will ask for a variance or build the addition with the 35 foot setback. Secondly, I did not include any information about the Comprehensive Plan regarding this site. In looking at the land use planning map, the map is so poor that the use cannot be determined. However, I am assuming that since the applicants' site is outlined in black, it is not residential. When the new Comprehensive Plan is completed, this property will reflect what ever zoning is determined. The last item to clarify is that the additional land added to 11 Blake Road will make the lot conforming in width, but not in area. The minimum lot area in an R -1 -C district is 12,000 square feet. The lot at 11 Blake Road is currently non - conforming, and not buildable. For a lot to be buildable, the area required is 2/3 of the minimum requirement. In this case that is 8,000 square feet. The additional land will provide the lot with the minimum lot width and make the lot buildable. In a sense, 11 Blake Road will be made "more" conforming. 11 Blake Road . will have approximately 10,000 square feet.