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.