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HomeMy WebLinkAbout1991-243 CCR1 1 1 Member Philip Cohen resolution and moved its adoption: RESOLUTION NO. 91-243 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO.91017 SUBMITTED BY DENNIS AND GLORIA CARDINAL introduced the following WHEREAS, Planning Commission Application No. 91017 was submitted by Dennis and Gloria Cardinal seeking an appeal of a determination by the Director of Planning and Inspection that parking a tow truck in a residential zone is a nuisance as defined by Section 19 -103 of the City Ordinances and is not a land use eligible for a special use permit; WHEREAS, the application was considered by the Planning Commission at its September 12, 1991 regular meeting where testimony regarding the request was received; and WHEREAS, the Planning Commission considered the staff report relating to this application and the submittal and points raised by the applicants and their representative; and WHEREAS, following deliberation of the matter the Planning Commission recommended to the City Council that Application No. 91017 be denied on the grounds that the parking of a tow truck is considered a nuisance activity and not a land use and is, therefore, not eligible for a special use permit; and WHEREAS, the City Council of the City of Brooklyn Center considered said appeal at a duly called City Council meeting on September 23, 1991; and WHEREAS, the City Council has reviewed all of the materials submitted, the record of the Planning Commission's review of this matter, and information supplied and testimony presented by applicant's representative relating to said appeal; and WHEREAS, the City Council has, furthermore, considered and deliberated a request made by the applicants and their representative to either amend the ordinance to make an exception that would allow tow trucks to be parked in residential areas or provide other relief such as determining the parking of a tow truck to be a legal nonconformity within the meaning of Section 19 -103, subdivision 12 e; and WHEREAS, the City Council, after full consideration and review of the above, makes the following findings and considerations: 1 RESOLUTION NO. 91 -243 1. The use of property for off street parking and loading purposes in residential areas in the City of Brooklyn Center is an accessory use of property, not a principal use of property, within the meaning of the City's Zoning Ordinance. 2. The parking or storage of vehicles and equipment are not listed as uses, either permitted or special, in the City's Zoning Ordinance. 3. Special uses are those which may be required for the public welfare in a given district but which are, in some respects, incompatible with permitted uses in the district. 4. The applicants have claimed that the parking of a tow truck should be considered a special use and, therefore, eligible for a special use permit under the ordinance. 5. Tow trucks responding promptly to accident scenes may be an important activity as indicated by the State Trooper affidavit submitted, but they do not have to be parked in residential areas for the public welfare. There are other available non- residential areas within the City for parking and storing such vehicles to adequately and quickly respond to accident scenes. 6. Parking or storing tow trucks in residential areas is incompatible with the permitted uses in residential areas. However, this incompatibility does not make the parking or storage of a tow truck in a residential area a "special use" eligible for a special use permit under the Zoning Ordinance. 7. The parking or storage of vehicles and equipment in residential areas of the city is an activity, not a land use, and is regulated by Section 19 -103, subdivision 12 of the City's Nuisance Ordinance. 8. The parking or storage of a tow truck in a residential area such as 6544 France Avenue North is prohibited by Section 19 -103, subdivision 12. 9. Section 19 -103, subdivision 12 e allows otherwise prohibited vehicles or equipment to be parked on property which is zoned residential and the principal use is nonconforming within the meaning of Section 35 -111. This provision does not exempt the parking of a tow truck at 6544 France Avenue North as the principal use of that property has been residential at least since the 1950's when the home at that address was built. 1 1 1 RESOLUTION NO. 91 -243 ATTEST: Deputy Clerk 10. The City Council adopted the restrictions and prohibitions regarding the parking or storing of certain vehicles in residential areas after much review, public hearing and deliberation. 11. The City Council believes that it is important to preserve and protect the residential character of its various neighborhoods and has, therefore, adopted the regulations contained in Section 19 -103, subdivision 12 as a means of controlling activity which they have determined unreasonably annoys, injuries or endangers the safety, health, morals, comfort, or repose of members of the public. 12. The City Council has not been presented with compelling reasons to amend its ordinances to allow the parking or storage of a tow truck in a residential area. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center based upon the above findings and considerations to deny the appeal under Planning Commission Application No. 91017 and to uphold the Director of Planning and Inspection's determination that the parking of a tow truck in a residential area is a nuisance activity and not a land use and is, therefore, not eligible for a special use permit. BE IT FURTHER RESOLVED based upon the above findings and considerations that the City Council of the City of Brooklyn Center finds no compelling reason to amend Section 19 -103, subdivision 12 of the City Ordinances or provide other relief sought by the applicants in this situation. October 7, 1991 Date Todd Paulson, Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.