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HomeMy WebLinkAbout2008 07-31 PCMMINUTES 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 JULY 31, 2008 CALL TO ORDER The Planning Commission meeting was called to order by Chair Rahn at 7:02 p.m. ROLL CALL Chair Sean Rahn, Commissioners Kara Kuykendall, Stan Leino, Michael Parks, Tim Roche, and Della Young were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Rachel Lund was absent and excused. APPROVAL OF MINUTES - Julv 17. 2008 There was a motion by Commissioner Kuykendall, seconded by Commissioner Roche, to approve the minutes of the July 17, 2008 meeting as submitted. The motion passed. Commissioner Young abstained as she was not in attendance at the meeting. CHAIR'S EXPLANATION Chair Rahn 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. APPLICATION NO. 2008-006 LUTHERAN CHURCH TRIUNE GOD Chair Rahn introduced Application No. 2008-006, a request for Preliminary Plat approval to subdivide the property at 5827 Humboldt Avenue North into two lots. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 7-31-08 for Application No. 2008-006, attached.) The proposed Lot 1 will contain the church buildings and parking lot and the proposed Lot 2 will contain an existing single family home and garage that the church plans to sell once the new property lines have been established. PUBLIC HEARING - APPLICATION NO. 2008-006 There was a motion by Commissioner Roche, seconded by Commissioner Kuykendall, to open the public hearing on Application No. 2008-006, at 7:18 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. The applicant, Mr. Will Dahn, 5733 Knox Avenue North, representing Lutheran Church Triune God stated that he wished to assure the Commission that an access agreement between the two property owners would not be necessary. He explained that they have removed the storage shed Page 1 7-31-08 which sat on the shared property line and the shared asphalt driveway has also been removed. He added that they plan to plant additional lilacs on the property. No other persons from the public appeared before the Commission during the public hearing on Application No. 2008-006. CLOSE PUBLIC HEARING There was a motion by Commissioner Kuykendall, seconded by Commissioner Parks, to close the public hearing on Application No. 2008-006, at 7:22 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2008-006 - LUTHERAN CHURCH TRIUNE GOD There was a motion by Commissioner Parks, seconded by Commissioner Young, to recommend to the City Council that it approve Application No. 2008-006, submitted by Lutheran Church Triune God for preliminary plat approval to subdivide the property at 5827 Humboldt Avenue North into two lots 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. 3. Approval of this preliminary plat acknowledges that the existing landscape screening between the church parking lot and abutting residential lots is determined to be effective screening consistent with the requirements of Section 35-711 of the city ordinances. Voting in favor: Chair Rahn, Commissioners Kuykendall, Parks, Roche and Young. The motion passed unanimously. The Council will consider the application at its August 11, 2008 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. APPLICATION NO. 2008-007 - LUKE PAPIN Chair Rahn introduced Application No. 2008-007, a request for Special Use Permit approval to operate a home occupation involving customer traffic and the participation of one non-resident at 3800 Woodbine Lane. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 7-31-08 for Application No. 2008-007, attached.) Mr. Warren explained that home occupations that have customer traffic are considered special uses as are home occupations that involve non-resident participation or employment. Such uses require the granting of a special use permit by the City Council following review, public hearing and recommendation by the Planning Commission. He went on to explain that the proposed business will be to sell custom made firearms manufactured in the home primarily to law enforcement but also to responsible citizens. Mr. Warren added that the nature of the proposed Page 2 7-31-08 business will require a single, non-resident employee and that this person will be present on an infrequent basis. He estimates this party to be on the premises no more than one or two times per week. Retail sales from the premises will be limited to only selling firearms manufactured in the home. Commissioner Kuykendall asked for clarification regarding the number of employees allowed with a home occupation. Mr. Warren explained that the city ordinances regulating home occupations only allows for one non-resident employee. If there were more employees than one, it would be an illegal home occupation and there is no authorization in city ordinances to allow for more than one employee. Commissioner Roche asked how the city regulates the limitations on retail sales provisions and how and where the firearms would be stored. Mr. Warren responded that the firearms could only be assembled from the applicant's home in order to be sold from the premises. Mr. Warren added the applicant must meet all the regulations established by the ATF regarding license requirements which addresses the sale, handling, storage and safety related to a federal firearms licensed dealer. Mr. Warren further explained that a home occupation must be incidental and secondary to the primary use of the property, no parking is allowed on the street and no retail sales of firearms or other merchandise not produced on the lot would be allowed. Commissioner Parks stated that he recalled a previous similar application and the issue of the storage of explosives was addressed with that applicant. Commissioner Roche asked if the city monitors the business to determine if the applicant is selling other items than what is allowed through this special use permit. Mr. Warren responded that the applicant must report annually to the City regarding the status of the business and the only thing that the applicant would be allowed to sell would be products which he assembles himself. He stressed that the applicant has not requested permission to sell ammunition. Periodic investigations into his activities could be done by city employees to assure he is abiding by city zoning regulations. There was discussion by the Commission regarding the possibility of testing of the firearms on the property. Mr. Papin stated that he has no intention of testing firearms on his property. Commissioner Young asked how many similar businesses are located in the City of Brooklyn Center. Mr. Warren responded that he believes the number of Federal Firearms Licenses for homes in the city is three or four but they are not required to obtain a Special Use Permit since there is no customer traffic involved. He pointed out that there is only one other Special Use Permit involving customer traffic where a Federal Firearms License is involved. Commissioner Leino arrived at 7:57 p.m. Page 3 7-31-08 PUBLIC HEARING - APPLICATION NO 2008-007 There was a motion by Commissioner Leino, seconded by Commissioner Roche, to open the public hearing on Application No. 2008-007, at 8:08 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. The applicant, Luke Papin, 3800 Woodbine Lane, stated that he would like to address the questions raised by the Commission. He stated that storage of firearms and ammunition is a requirement of ATF and he will meet those requirements. Also, any ammunition on the property would be for his own personal use only. Mr. Papin added that the ATF will do random inspections of his log books to assure that everything sold from his property will have a record of such transactions. Mr. Papin stated that he conducts background checks of potential customers as required by the ATF and that the majority of transactions will be handled by appointment only. On many occasions, guns will be transported by mail or UPS for delivery to customers rather than by customers visiting at his home. He added that they plan to market law enforcement personnel as potential customers. Commissioner Leino asked the applicant if the ATF license required any special liability insurance. Mr. Papin responded that his homeowner's insurance would cover any incidents that occurred on his property. Commissioner Parks asked the applicant if a psychological background check is conducted by potential buyers. Mr. Curt Rebelein, 13515 135th Court North, Hugo, Minnesota, partner with Mr. Papin, stated the background checks required to purchase handguns is regulated by the ATF and the records are kept on file indefinitely. These background checks are required prior to a transaction taking place. The FBI is contacted prior to the sale of a firearm and they give the final approval before the sale is complete. Commissioner Roche asked the applicant if he had previous experience in the type of business. Mr. Papin responded that this is his first endeavor with this type of business. Mr. Gerald Abild, 3712 Woodbine Lane, commented that the report mentioned single family homes and he feels this is a serious violation of that. Mr. Abild had the following questions; Is there some kind of machinery used to assemble the firearms and does it contain hazardous material? Where will the weapons be test fired? Will the city be conducting yearly inspections regarding this activity? Page 4 7-31-08 Commissioner Roche asked for clarification regarding whether or not the firearms will be modified or manufactured. Mr. Rebelein responded that there is a third party contractor off-site that manufactures the parts and ships them to the applicant. He added that what they plan to do on site is the actual assembly of the firearms, which is done manually without any machinery, and there will be no weapons fired on the property. They have spoken to a private gun shop owner who will allow them to test the firearms at a gun range. Mr. Papin added that there will be no hazardous or industrial chemicals used to assemble the firearms. They emphasized that they plan,a large part of their business to be done with law enforcement personnel. Commissioner Young left the meeting at 8:30 p.m. Dorothy Breed, 3719 Woodbine Lane, stated that the nature of this business in a residential area is not appealing and she feels it would bring her property value down. Chris Tobkin, 6824 Dupont Avenue North, stated that he has many friends that are hunters and gun owners and he feels that with this type of business, a more than normal amount of security will be in place. He stated that it seems like an innocuous use of the property and should have a minimal impact on the neighborhood with less traffic than a daycare center might generate. No other persons from the public appeared before the Commission during the public hearing on Application No. 2008-007. CLOSE PUBLIC HEARING There was a motion by Commissioner Leino, seconded by Commissioner Kuykendall, to close the public hearing on Application No. 2008-007, at 8:46 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Commissioner Parks asked for further discussion and clarification of the suggested conditions of approval presented to the Commission. Mr. Warren stated that he believes that the conditions, in particular Condition No. 4 more than adequately addresses the regulations required of the applicant. There was further discussion by the Commission members regarding the conditions of approval. Mr. Warren stressed that until the applicant obtains his ATF license, the special use permit would not be granted. Commissioner Parks stated that he felt Condition No. 8 was too vague and he wished to change Condition No. 8 to include "no operation of the home occupation shall commence until the filing of the license". There was a consensus by the Planning Commission to add this to Condition No. 8. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2008-007 - LUKE PAPIN Page 5 7-31-08 There was a motion by Commissioner Roche, seconded by Commissioner Kuykendall, to recommend to the City Council that it approve Application No. 2008-007, submitted by Luke Papin for a Special Use Permit to operate a home occupation involving customer traffic and the participation of one non-resident at 3800 Woodbine Lane subject to the following conditions: The special use permit is granted for a home occupation involving the sale of firearms that are manufactured or assembled at 3800 Woodbine Lane North and involve the participation of one non-resident employee. Said home occupation will involve customer traffic on the site. This home occupation may not be expanded or altered in any way not comprehended by this application without first securing an amendment to the special use permit. 2. No retail sales of firearms or other merchandise not produced on the lot shall be allowed. 3. The home occupation shall not involve the storage of ammunition other than that for personal use, or raw materials such as gun powder or other explosives. 4. The special use permit is subject to all applicable codes, ordinances and regulations. Any violations thereof may be grounds for revocation. 5. All parking associated with this home occupation shall be off street on improved space provided by the applicant. Vehicle parking on the property shall be in compliance with Section 19-103, Subdivision 12 of the city ordinances regarding the size of vehicles allowed. 6. The hours for retail sales of firearms that are produced on the premises are limited to Monday through Saturday, 10:00 a.m. to 7 p.m. 7. The applicant shall comply with recommendations of the Building Official with respect to safety related matters involving this home occupation. 8. A current copy of the applicant's ATF firearms license shall be kept on file with the city and no operation of-the home occupation shall commence until the filing of the license. 9. The applicant shall report annually to the Community Development Department that he continues to be in compliance with the foregoing conditions and shall provide such additional information as the Community Development Department may require to assure compliance. Voting in favor: Chair Rahn, Commissioners Kuykendall, Parks, and Roche. The motion passed unanimously. The Council will consider the application at its August 11, 2008 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. DISCUSSION ITEM - FLASHING SIGNS Page 6 7-31-08 Mr. Warren introduced an ordinance amending Chapter 34 of the City Code of Ordinances Regarding Flashing and Rotating Signs. He stated that this matter was referred to the Planning Commission for review and recommendation by the City Council. Mr. Warren pointed out the changes being recommended to the ordinance regarding defining flashing signs. This ordinance amendment would also prohibit rotating signs which can be distracting to traffic. There was discussion by the Commission regarding the language being proposed in the ordinance amendment. There was a motion by Commissioner Roche, seconded by Commissioner Parks, to recommend to the City Council that it approve the Ordinance Amending Chapter 34 of the City Code of Ordinances Regarding Flashing and Rotating Signs. Voting in favor: Chair Rahn, Commissioners Kuykendall, Parks, and Roche. The motion passed unanimously. OTHER BUSINESS Commissioner Parks suggested that the Planning Commission review the city's ordinances regarding parking surface requirements. He asked permission to bring in Engineers to educate the Commission on this topic. It was the consensus of the Planning Commission that Mr. Parks follow up on this and report back to the Commission. There was no other business. ADJOURNMENT There was a motion by Commissioner Kuykendall, seconded by Commissioner Leino, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:21 p.m. 'd, 4,il Chair Recorded and transcribed by: Rebecca Crass Page 7 7-31-08