HomeMy WebLinkAbout1987-049 CCR1
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Member Gene Lhotka introduced the following resolution and
moved its adoption:
RESOLUTION NO. 87 -49
RESOLUTION DENYING PLANNING COMMISSION APPLICATION NO. 86045
WHEREAS, Crown Coco, Inc. (Applicant) has submitted a request for site and
building and special use permit approval to construct a gasoline station and
convenience store at 6100 Brooklyn Boulevard; and
WHEREAS, the property at 6100 Brooklyn Boulevard is zoned C2 Commerce
District; and
WHEREAS, the proposed uses are ones which are permitted within the C2
District only upon the issuance of a special use permit; and
WHEREAS, Section 35 -220, Subdivision 2 of the Brooklyn Center Zoning
Ordinance contains five findings which must be made by the City Council prior to the
issuance of a special use permit; and
WHEREAS, the site currently has a single access point from Brooklyn
Boulevard and the proposed site plan calls for the closing of that access point and
the opening of two additional access points; and
WHEREAS, it is the policy of the City to limit the number and location of
access points from sites gaining access directly to arterials when additional
access points would cause congestion on public streets; and
WHEREAS, staff has recommended retention of the single access point to
this site in order to minimize traffic congestion on Brooklyn Boulevard; and
WHEREAS, the Planning Commission reviewed the application at its meeting
on December 11, 1986, considered an amended plan on January 29, 1987, and
recommended denial of the application for the reason that the applicant could not
demonstrate that all conditions required by Section 35 -220 would be met by the use;
and
WHEREAS, the City Council conducted a public hearing on the application on
February 9, 1987, at which time it heard testimony from all persons wishing to
address the Council on the matter and discussed the recommendations of staff and the
Planning Commission regarding the same.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that Planning Commission Application No. 86045 is hereby denied,
for the following reasons:
1. Special Use Permit Standard 2d, requiring that adequate measures be
taken to provide ingress, egress and parking so designed to minimize
traffic congestion in the public streets, cannot be met because the
applicant's plan calling for the creation of an additional access to
the site from Brooklyn Boulevard would cause congestion on Brooklyn
Boulevard by establishing an additional access point in an area
already having an excessive number of curb cuts within a short
distance of one another.
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RESOLUTION NO. 87 -49
ATTEST:
2. Special use permit Standard 2b, requiring that a proposed special use
not be injurious to the use and enjoyment of other property in the
immediate vicinity for purposes already permitted and not
substantially diminish and impair property values within the
neighborhood, cannot be met because operation of a use which will be
open for business 2 hours per day, 365 days per year and which will
attract an estimated 70 80 vehicles per hour will be disruptive to
the occupants of the adjacent residential development to the east.
3. City staff' is authorized and directed to notify the applicant of the
denial of its application and to refrain from issuing any permit or
approval for the project.
March 9, 1987
Date
The motion for the adoption of the foregoing resolution was duly seconded by member
Celia Scott and upon vote being taken thereon, the following
voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes,
and Rich Theis;
and the following voted against the same: none,
whereupon said resolutin was declared duly passed and adopted.