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HomeMy WebLinkAbout2007 03-15 PCMMINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 15, 2007 CALL TO ORDER The Planning Commission meeting was called to order by Chair Rahn at 7:01p.m. ROLL CALL Chair Sean Rahn, Commissioners Graydon Boeck, Gary Ford, 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 unexcused. ADMINISTER OATH OF OFFICE Mr. Warren administered the Oath of Office to Gary Ford and Della Young. APPROVAL OF MINUTES - JANUARY 11. 2007 There was a motion by Commissioner Boeck, seconded by Commissioner Roche, to approve the minutes of the January 11, 2007 meeting as submitted. The motion passed. Commissioners Ford and Young abstained as they were not 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. 2007-002 BRETT HILDRETH Chair Rahn introduced Application No. 2007-002, a request for Preliminary Plat approval to subdivide the property at 5421 Lyndale Avenue North and also combine surplus highway right- of-way to create three new single family residential lots. The property is zoned R-2 which allows one and two family residences. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 3-15-07 for Application No. 2007-002 and the Director of Public Works/City Engineer's report dated 3-12-07, attached.) APPLICATION NO. 2007-003 - BRETT HILDRETH Chair Rahn introduced Application No. 2007-003, a request from Brett Hildreth for a variance to create a single family residential lot in the R-2 zoning district that is less than 60 ft. in width. The applicant has submitted a preliminary plat under Planning Commission Application No. 2007-002 in which he proposes to subdivide 5421 Lyndale Avenue north and also combine 3-15-07 Page 1 surplus highway right-of-way to create three new single family residential lots. The north lot of this preliminary plat would be 53.69 ft. in width rather than 60 ft. which is the minimum called for in the R-2 zoning district and is the subject of the variance request. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 3-15-07 for Application No. 2007-003, attached.) PUBLIC HEARING - APPLICATION NO. 2007-002 and 2007-003 There was a motion by Commissioner Roche, seconded by Commissioner Ford, to open the public hearing on Application No. 2007-002 and 2007-003, at 7:44 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. Mr. Brett Hildreth, 8616 Riverview Lane, Brooklyn Park, introduced himself to the Commission. Commissioner Boeck asked the applicant if he was familiar with all the conditions of approval laid out in the reports. Mr. Hildreth stated that he has lived in the community and been a member of the business community for several years. He purchased the property two months ago and has made improvements to it. He added that he does understand all of the requirements for granting of the variance and preliminary plat and will comply with the conditions recommended. Commissioner Parks asked the reason for the proposed platting of the property. Mr. Hildreth explained his reasons for purchasing the property and continuing the use of the property as a single family use. He added that he chose to create three single family lots rather than two, two- family lots because it would add value in the area while not increasing the density since he plans to build two single family homes on the newly created lots. He further stated that he plans to take out the pool on the property so that no encroachment would exist over the proposed lot line. He also would create a cross access agreement to allow driveway access if necessary over the proposed south lot. Commissioner Roche thanked Mr. Hildreth for his interest in investing in this area of the city and asked what his plans are for Lots 1 and 3. Mr. Hildreth stated he will pursue building a single family home on each lot, one that will fit the lot and compliment the area. Commissioner Roche further asked if Mr. Hildreth had discussed his plans with the neighbors on each side of the property. Mr. Hildreth responded that he had talked to the residents on both sides of this property. Commissioner Roche asked what the applicant's time line is for development of the properties. Mr. Hildreth responded that he would probably build one home this year and possibly the other next year. Mr. Kim Wendling, 5407 Lyndale Avenue North, stated he has talked to the applicant and agrees he is making nice improvements on the house. He stated that he has a question about the former highway department land and thought that the previous owner was not allowed to purchase that property because of a drainage structure. Further, when he moved into his house it had been a 3-15-07 Page 2 rental and was in poor shape. He further explained that upon further discussion with Mr. Hildreth he learned about the applicant's possible plans to rent the existing house and possibly to rent the proposed new house. Mr. Wendling stated he does not see that a rental would be a benefit. He also added that the proposed 12 ft. easement would encroach onto his proprety. Commissioner Boeck clarified that there did not appear to be an encroachment with this plan onto Mr. Wendling's property. He added that the issue of rental property vs. owner occupied property is not something reviewed by the Planning Commission. Commissioner Roche asked the applicant to clarify what his intent is with the property regarding development of rental or owner occupied property. Mr. Warren stated that the City cannot grant a variance contingent on somebody occupying a property. He added that it is not an issue before the Planning Commission nor is it something for them to base their recommended approval or denial of these applications. Commissioner Roche responded that he felt it was a fair a question to ask the applicant what his intent is with the property. Chair Rahn interjected that Commissioner Roche's question was inappropriate and the applicant did not need to reply. Mr. Hildreth stated that he would reply and responded that the existing house will probably be rental and he doesn't know at this time what the intent is of the proposed new dwellings other than to be single family homes. Ms. Dawn Sommers, 5315 Lyndale Avenue, stated that she knows that the applicant is in the business of acquiring properties for the purposes of rental and she feels that the city's position regarding rental is unfortunate and it is sad to see that rental is becoming a norm anywhere in the city. She added that she also feels that there is no lot in the immediate area that is less than 43 ft. in width. Ms. Sommers feels the character of the area is unique with the presence of deep lots and granting the variance takes away from the uniqueness of the properties along the river. She also feels that there is no hardship by not granting the variance. Mr. Eric Sommers, 5315 Lyndale Avenue, stated that he has known the applicant for some time and he understands that when someone purchases a property they can do what they want but he feels like this is the nicest lot in the area and dividing it will have a negative effect. Mr. Sommers suggested to the applicant that he knock down the house and build a nice one and live there. Commissioner Young asked what the average lot size is in the Lyndale corridor area. Mr. Warren responded that it varies and he did not have that exact number available. Mr. Hildreth stated that he reviewed other lot sizes in the area and it varies and the lot widths he has proposed will not look out of place. 3-15-07 Page 3 No other persons from the public appeared before the Commission during the public hearing on Application No. 2007-002 and 2007-003. CLOSE PUBLIC HEARING There was a motion by Commissioner Roche, seconded by Commissioner Young, to close the public hearing on Application No. 2007-002 and 2007-003, at 8:15 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Commissioner Roche stated that his opinion is that he has negative feelings about putting three homes, possibly rental properties, or two, two-family homes on these properties in view of the comments made by the neighbors. Mr. Warren commented that as a staff member who reviews subdivision proposals, he has to look at whether or not the minimum lot requirements are met. The fact that all the lots in an area are larger than the minimum standards is not a justification for requiring a larger lot. If the minimum lot standards are met, it is his opinion that the Planning Commission must recommend and the City Council must approve the subdivision. To do otherwise, would be considered arbitrary and the decision would be overturned in a court of law. He added that whether a proposal is for an owner occupied or rental property is not a basis for approving or denying a subdivision of land and should not be a factor in such a consideration. He pointed out that for a variance to be granted, it must be determined that the standards for variance are met. The fact that there are precedents for granting lot dimension variances in certain circumstances when two of the three minimum lot requirements are met is an overriding consideration in this case, and to not grant a similar variance would be depriving the owner of the reasonable use of his land. Commissioner Boeck stated that he agrees with Mr. Warren and pointed out the nearby location of 40 ft. wide lots. He added that this area will have a difficult time sustaining high quality housing due to the isolated uniqueness of the neighborhood. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2007-003 - BRETT HILDRETH There was a motion by Commissioner Boeck, seconded by Commissioner Young, to recommend to the City Council that it approve Application No. 2007-003, submitted by Brett Hildreth, for a variance to create a single family residential lot in the R-2 zoning district that is less than 60 ft. in width, subject to the following considerations: 1. The standards for a variance contained in the Zoning and Subdivision Ordinances are met. 2. The precedent of providing two of the three lot requirements (depth and area) is met in this case. 3-15-07 Page 4 3. No setback deficiencies will result from the proposed subdivision. 4. The proposal is considered reasonable and creates no unorthodox arrangements. 5. The proposal is not considered detrimental to the public welfare or surrounding properties. 6. To not grant the variance would be considered depriving the applicant of the reasonable use of his land. Voting in favor: Chair Rahn, Commissioners, Boeck, Ford, Parks, Roche and Young. The motion passed unanimously. The Council will consider the application at its March 26, 2007 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. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2007-002 BRETT, HILDRETH There was a motion by Commissioner Roche, seconded by Commissioner Parks, to recommend to the City Council that it approve Application No. 2007-002, submitted by Brett Hildreth for Preliminary Plat approval to subdivide the property at 5421 Lyndale Avenue north and also combine surplus highway right-of-way to create three new single family residential 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 application is contingent upon approval of the lot width variance request under Planning Commission Application No. 2007-003. 4. Prior to final plat approval, all encroachments into or over proposed lot lines shall be removed and verified. The driveway encroachment over Lot 3 can continue provided an appropriate cross access easement as approved by the City Attorney, is filed with the titles to the properties at Hennepin County along with the final plat. 5. No building permits shall be issued for new dwellings until the plat has been given final approval by the City Council and filed with Hennepin County. Voting in favor: Chair Rahn, Commissioners, Boeck, Ford, Parks, and Young. Commissioner Roche left the room and did not vote. The motion passed. 3-15-07 Page 5 The Council will consider the application at its March 26, 2007 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. The Planning Commission took a brief recess at 8:30 p.m. The Planning Commission returned at 8:42 p.m. APPLICATION NO. 2007-004 MEER. LLC Chair Rahn introduced Application No. 2007-004, a request for Special Use Permit and Site and Building approval to construct an additional 27,135 sq. ft. school bus garage building at 4435 68th Avenue North. A school bus garage facility is classified as a special use in the C-2 zone provided all storage, including vehicles, and minor servicing and repairs shall be conducted wholly within an enclosed building and that the use does not abut any residential zoned property. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 3-15-07 and the Director of Public Works/City Engineer's memo dated, 3-14-07, attached.) Commissioner Boeck asked for clarification regarding the conditions of approval and the City Engineer's report, Item No. 13 and 14 and what standard would be required to be met. Mr. Warren responded that clarification regarding the standards should be addressed by the City Engineer and he would follow up with him. Commissioner Young inquired about current and proposed drainage on the site. Mr. Warren responded that an expanded water detention pond would be proposed on the site and added that the City is currently looking at an updated area-wide water detention/drainage plan. He added that such plans will be reviewed by the City Engineer prior to building permits being issued. Commissioner Parks inquired about the drainage ditch along I-94 and whether or not the property is in a flood zone. Mr. Warren responded that this site is not in the flood zone and will not require fill to be maintained. The highway department currently allows drainage on this site into the I-94 area. PUBLIC HEARING - APPLICATION NO. 2007-004 There was a motion by Commissioner Ford, seconded by Commissioner Parks, to open the public hearing on Application No. 2007-004, at 9:22 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. The applicant, Mr. Matthew Regan, 11800 95th Avenue North, Maple Grove, introduced himself to the Commission. 3-15-07 Page 6 Commissioner Young stated she is concerned with the drainage coming off the property and asked the applicant how they will be dealing with water quality requirements. Mr. Regan stated that he was not qualified to respond to the question but would have to refer to the Engineer that drew up the plans. Mr. Regan added that he was confident that his Engineer drew up the plans according to all requirements and demonstrated on the plans the direction of water flow on the site. Mr. Warren explained that these plans are preliminary and any necessary changes would be required at the time of permit submittal. They are subject to final approval of the City Engineer. Commissioner Parks asked if there are currently buses being serviced at this location. Mr. Regan explained that they recently lost their contract with the Osseo School District and the existing building on the site is primarily being use for storage of their fleet of buses. The new building will be leased to another bus company and is being designed for other uses if the bus storage use is no longer undertaken on the site. No other persons from the public appeared before the Commission during the public hearing on Application No. 2007-004. CLOSE PUBLIC HEARING There was a motion by Commissioner Roche, seconded by Commissioner Parks, to close the public hearing on Application No. 2007-004, at 9:33 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 APPLICATIO NO. 2007-004 MEEK. LLC There was a motion by Commissioner Boeck, seconded by Commissioner Young, to recommend to the City Council that it approve Application No. 2007-004, submitted by Meer, LLC for a Special Use Permit and Site and Building Plan approval to construct an additional school bus garage building at 4435 68th Avenue North, subject to the following conditions: The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of all site improvements. 4. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 3-15-07 Page 7 The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B-612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines to the City Engineering Department prior to the release of the performance guarantee. 10. All work performed and materials used for construction of the utilities shall conform to the City of Brooklyn Center current standard specifications and details. 11. The plan shall be modified to provide: a. concrete parking delineators/protectors along parking rows in the north parking area. b. Verification of existing landscaping on the landscape plan to provide a minimum of 425 landscape points per the Landscape Point System utilized by the Planning Commission for evaluating landscape plans. 12. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City Engineering Department. 13. The applicant shall obtain and NPDES permit from the Minnesota PCA prior to disturbing the site. 14. The Special Use Permit is granted for the expansion of a school bus garage facility pursuant to the City Zoning Ordinance and per the plans that have been approved. 15. The Special Use Permit is subject to all applicable codes, ordinances and regulations. Any violation thereof could be grounds for revocation. 16. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of building permits. 17. A proof of parking agreement acknowledges the need to install up to 306 parking spaces on site shall be executed and filed with the title to the property prior to the issuance of permits. 1 3-15-07 Page 8 1 Voting in favor: Chair Rahn, Commissioners Boeck, Ford, Parks, Roche and Young. The motion passed unanimously. The Council will consider the application at its March 26, 2007 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. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Roche, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:38 p.m. Chair Recorded and transcribed by: Rebecca Crass 3-15-07 Page 9