HomeMy WebLinkAbout2008 07-31 PCPPLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
JULY 31, 2008
STUDY SESSION
1. Call to Order: 7:00 p.m.
2. Roll Call
3. Approval of Minutes - July 17, 2008
4. Chairperson's Explanation
The Planning Commission is 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.
5. Lutheran Church Triune God 2008-006
Request for Preliminary Plat approval to subdivide the property at 5827 Humboldt
Avenue North into two lots.
6. Luke Papin 2008-007
Request for a Special Use Permit to operate a home occupation involving customer traffic
and the participation of one non-resident at 3800 Woodbine Lane.
7. Discussion Items
a. Flashing Signs
8. Other Business
9. Adjournment
,
• Application Filed on 7-3-08
City Council Action Should Be
Taken By 9-1-08 (60 Days)
Planning Commission Information Sheet
Application No. 2008-006 .
Applicant: Lutheran Church Triune God
Location: 5827 Humboldt Avenue North
Request: Preliminary Plat
The applicant, Mr. Willis Dahn on behalf of the Lutheran Church Triune God, is seeking
Preliminary Plat approval to subdivide the church's property at 5827 Humboldt Avenue North
into two lots. The property in question is zoned R-1 (One Family Residence) and is surrounded
on all sides by other R-1 zoned property. It is bounded on the north by 59a' Avenue with the
Earle Brown Elementary School and Grandview Park on the opposite side of the street; on the
east by Humboldt Avenue with another church and single family homes on the opposite side of
the street; on the south by two abutting single family homes; and on the west by Irving Avenue
with single family homes on the opposite side of that street.
The proposed plat which is to known as the Rosenau Addition currently has a metes and bounds
description and would be divided into two lots. The proposed Lot 1 would be 87,482 sq. ft., or
2.01 acres, and will contain the church buildings and parking lot. Lot 2 is proposed to be
• approximately 95 ft. by 128 ft. and will contain an existing single family home and garage that
once was the church parsonage. This lot will be 12, 176 sq. ft. in area which exceeds the
minimum requirement for an interior single family residential lot (9,500 sq. ft.). The church
plans to sell this lot once the new property lines have been established through this platting
process.
Because the property has a metes and bounds description, there has been no formal dedications of
street right of way abutting the property. This plat comprehends the dedication of 33 ft. of right
of way for Humboldt and 59`s Avenues and 30 ft. of right of way for Irving Avenue. Five foot
wide drainage and utility easements are to be provided along the proposed interior property lines
of the plat and 10 ft. wide drainage and utility easements are indicated along the property lines
abutting street right of way. Sanitary sewer, water and storm sewer are located within the street
right of way serving these properties. All structures on the sites are properly located with respect
to setbacks and the division of land will not create any non-conformities.
It should be noted that the city's zoning ordinance requires all open off street parking areas
having more than six parking spaces to be effectively screened from abutting residential lots by a
solid wall or opaque fence six feet high or by such other device as may be approved by the City
Council. The church has provided landscape screening adjacent to the northerly and west
property lines of the new residential lot and along their south lot line adjacent to the neighboring
lot at 5912 Irving Avenue North. The applicant is requesting the city to acknowledge this as
acceptable for approved screening consistent with the city ordinance. This appears to be
• 7-31-08
Page 1
effective screening and it is recommended that such acknowledgement be part of the Planning .
Commission's recommendation.
The Director of Public Works'/City Engineer is reviewing the proposed plat and will be
submitting his written comments for the Commisison's review. The applicant has also filed an
application for final plat approval for the same evening as the City Council will consider the
preliminary plat. It is anticipated that the final plat will be considered concurrently subject to
compliance with subdivision ordinance requirements and can go forward in this manner.
A public hearing has been scheduled for this preliminary plat application and notices of the
Planning Commission's consideration have been published in the Brooklyn Center/Sun Post.
RECONIlVIENDATION
This preliminary plat appears to be in order and approval is recommended to at least 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.
•
•
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Application Filed on 7-14-08
City Council Action Should Be
Taken By 9-12-08 (60 Days)
Planning Commission Information Sheet
Application No. 2008-007
Applicant: Luke Papin
Location: 3800 Woodbine Lane
Request: Special Use Permit (Home Occupation)
The applicant, Luke Papin, is requesting a Special use Permit to conduct a home occupation that
will involve customer traffic and the participation of a non-resident in the conduct of the home
occupation at 3800 Woodbine Lane North. The property in question is zoned R-1 (One Family
Residence) and is located on the north side of Woodbine Lane, the third house east of France
Avenue. It is bounded on the north, west and east by abutting single family homes and on the
south by Woodbine Lane with single family homes on the opposite side of the street. The north,
or rear, property line is also the boundary between the cities of Brooklyn Center and Brooklyn
Park.
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.
The applicant has submitted a letter and supporting information (copies attached) explaining his
proposed home occupation. The proposed business will be to sell custom made firearms
manufactured in the home primarily to law enforcement but also to responsible citizens. He is
seeking a federal firearms license from the bureau from Alcohol, Tobacco, Firearms and
Explosives (ATF). We have had contact with ATF regarding certain aspects of the sought after
license. ATF requires that a licensee must, among other requirements, comply with local zoning
regulations.
Mr. Papin points out that the nature of the proposed business will require a single, non-resident
employee and that this person (Curtis Rebelein Jr.) 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. Other retail
sales related to this business will be financial exchanges via USPS mail, internet or other means
which do not require individuals to visit the home. Physical exchanges of merchandise in those
cases will be conducted utilizing other federal firearms licensed dealers in accordance with local,
state and federal laws and regulations such as at approved gun shows. He stresses the limited
amount of traffic at the home due to the sale of firearms that he custom builds and lists a strict
check list of conditions that will be followed involving the retail sale of these custom built
firearms. He will require criminal background checks; proof of current Minnesota residency;
having these matters verified prior to making an appointment; and finally, conducting business
• 7-31-08
Page 1
on an appointment only basis (no walk in traffic will be allowed). •
He also points out that the business will be conducted in an approximate 250 sq. ft. portion of the
basement of his home that has a hardwired smoke detector immediately outside the area, a
battery operated smoke detector inside the work area and a ten pound dry chemical fire
extinguisher in the work area. There are four parking spaces available in the driveway of the
home which will be utilized as parking related to the home occupation. He also provides a video
surveillance security system that is monitored 24 hours a day, seven days a week which utilizes
door entry, motion detection and glass breakage technology.
It appears that the applicant is taking many reasonable steps to make this home occupation as
innocuous and inconspicuous as possible and he lists a number of other supporting factors
relating to the home occupation for the Commission's consideration.
The Planning Commission's attention is directed to Section 35-900 of the Zoning Ordinance
(copy attached) regarding the definitions for home occupation and home occupation special and
also to Section 35-405 and 35-406 regarding additional requirements for home occupations and
home occupations special (also attached). Retail sales of merchandise produced off of the lot are
not allowed as a permitted or special home occupation. The applicant's proposal will be to sell
only firearms he sells or manufactures at his home, out of his home. Retail sales involving
firearms produced off the lot would be confined to gun shows or through the Internet or other
legitimate sales not requiring the sale to take place from his home. His home would also be a
business address for his firearms business. I have had the opportunity to meet with Mr. Papin is
regarding the operation of his home business stressing the City's concerns related to all home
occupations and in particular his proposed home occupation. He has indicated that he will abide
by all local zoning regulations related to home occupations as well as the licensing requirements
established by ATF.
The biggest concern with any home occupation is that it be incidental and secondary to the
residential use of the property and not be detrimental to the health, safety and welfare of the
general public; not diminish or impair property values within the neighborhood; not impede the
normal and orderly development and improvement of surrounding property; not create traffic
congestion in the public streets; and conform to applicable regulations of the district in which it
is located (see standards for special use permits, attached). It appears these standards can be met,
if the applicant conducts the home occupation in the manner he has proposed.
As mentioned previously, Mr. Papin is seeking a federal firearm's license from the Bureau of
Alcohol, Tobacco, Firearms and Explosives. He is willing to limit his sales on the property to
only those firearms he custom builds and to specific times on an appointment only basis. He
must keep his ATF firearms license current and abide by all federal and state regulations with
respect to his activity.
It should be pointed out that the City Council, following Planning Commission review, public
hearing and recommendation, approved a very similar home occupation involving the retail sale
7-31-08 •
Page 2
• of custom made firearms for Mr. Glenn Kurke of 6021 Bryant Avenue North in 2005. Mr.
A public hearing has been scheduled and notices of the Planning Commission's consideration
have been sent to surrounding property owners. It appears that the proposal is acceptable subject
to the following conditions and considerations:
Kurke, too, was limited to selling only firearms he would manufacture in his home with other
sales being conducted away from the premises through other legal means. There have been no
complaints to the City with respect to his operation of the home occupation and we anticipate
Mr. Papin's operation to be conducted in a similar manner with similar results.
1. 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.
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.
• 7-31-08
Page 3
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• Six Sigma Arms. LLC
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Phone: (612)" 70-4701
?une 26, 2008
Luxe Papin
3800 Woodbine Lane N
Brooklyn Center, MN
` 55429
Fax: (612) 326-4535
Ron Warren City of Brooklyn Center
Planning and Zoning Specialist
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430-2199
Phone: (763) 569-3300
Fax: (763) 569-3400
Re: Special Lise Permit Application - Special Home Occupation at 3800 Woodbine Lane.
Dear Mr. Warren and whom it may concern;
• 'Chis letter is part of our application for a Special Use Permit (SUP) with the City of Brooklyn
Center in Minnesota.
The nature of our business will be to sell custom firearms manufactured in the home at the
address on the application primarily to law enforcement but also to responsible citizens. Sales
will mainly be processed utilizing other Federal Firearms Licensed dealers (FFL's) who would
handle the retail transaction, exchange of merchandise and all necessary paperwork as required
by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
The nature of this business will require a single non-resident employee, Curtis R.ebelein, Jr., to
be present in the home on an infrequent basis. We estimate this to be no more than one or two
times per week and will be limited to the hours of 10:00 AM and 10:00 PM local time as
required by the business. When at the home his vehicle will be parked on the driveway a~ the
home as shown on the attached diagram. Curt will mainly be taking care of business activities
away from the home as his primary duties in our business.
The nature of this business will also require very limited retail traffic to the home. Furthermore,
retail sales will be limited to only selling items manufactured in the home. However, it is our full
intent to not have any retail traffic at the home and to handle the retail part of our business
through financial exchange via LISPS mail, Internet or other means which do not require
individuals to visit the home. The physical exchange of merchandise in these cases will be
conducted utilizing other FFL's which are properly zoned and licensed in their local j urisdiction
• in accordance with. all local, state, and federal laws and regulations.
If the above means are not possible we would handle the retail sale and exchange of merchandise •
manufactured in the home at that location with the following list of conditions: 1. The individual
must provide proof of passing a criminal background check in the form of a current State of
Minnesota Pistol purchase permit, or Minnesota Issued Permit to Carry aPistol, or the individual
must be a current Law Enforcement Official and provide proof of his/her POST certification
and/or agency identification. 2. The individual must provide proof of current Minnesota
residency in the form of a US issued passport or State of Minnesota issued Drivers License. 3.
Those items will be faxed to us and verified prior to making an appointment for the retail
exchange of merchandise at the home. 4. Retail traffic will be by appointment only and during
the hours of 10:00 AM and 7:00 PM Monday through Saturday local time.
In the rare situations where retail traffic will be required it will be very limited. We do not want
retail traffic and will work through other` FFL's to avoid this situation whenever possible. In the
rare case a retail visit is required it will be limited such that they will not be parking vehicles on
the city streets. Customers will be at the home for no longer than the time required to complete
the required background checks and the retail transaction. In most cases, this will take less than
30-45 minutes.
.Again it is our full intent to not have any retail traffic in the home and any traffic that we must
have will be limited in a way that does not cause disruption to the surrounding community. We
will not be holding "normal business hours" where people can stop by unannounced such as they
would at a normal retail establishment.
The occupation will be conducted in approximately 250 Sq feet in the basement of the home in •
an unfinished corner made of block walls. While the business activity does not rectuire the use of
heavy machinery, heating, or open flame and does not generally pose a risk of fire, we have
chosen the location in the home with no carpeting and block walls to further minimize any risk.
A hardwired smoke detector has been installed immediately outside this area along with a battery
operated smoke detector installed in the work area. We have also installed a 10 lb. ABC type dry
chemical fire extinguisher in the work area. See attached diagram.
Hours of operation where retail sales could take place will be limited to 10:00 AM and 7:00 PM
local time Monday through Saturday by appointment only.
There are approximately 4 parking spaces available in the driveway of the home and they would
be utilized for the non-resident employee as well as all retail traffic to the home. See attached
diagram. .
Safety measures include a hardwired smoke detector immediately outside the work area, a
battery operated smoke detector inside the work area, a 10 Lb. fire extinguisher inside the work
area, video surveillance, minimization of flammable materials, and Secure Storage of all
weapons and ammunition that will be stored at the home as required by the ATF and 18 U.S.C.
921(a).
In addition to those safety measures, a security system has been installed. This system is
monitored 240 and utilizes door entry, motion detector, and glass breakage technology. The
• monitoring center will notify local law enforcement as necessary in the event of a potential
break-in.
There will be no signage at the home location advertising the business in any way (again, local
retail sales are not our intent). We are making every effort to eliminate any effect to the
surrounding community.
Other factors for your consideration:
• This business will operate with full cooperation of Local, State, and Federal law
enforcement.
• All work requiring machining or industry machine tools will take place off site.
• Onsite work will be limited to design and final assembly.
• All tools and lubricants/chemicals used are those available to the general public through
normal retail establishments.
•
There will be no noise pollution as a result of our business.
•
There will be no light pollution as a result of our business.
•
No heavy industrial chemicals or materials will be used onsite.
•
Any waste produced will be recycled when possible to minimize environmental impact.
•
All ammunition related to the business will be stored securely in limited quantities.
•
Ammunition will be of the type available to the general public.
•
Firearms will not be discharged at the home as part of the business.
• •
We will not be a mass production facility. We will specialize in low volume custom
orders tailored to each specific customer.
•
All sales of weapons not manufactured in the home will take place either through other
FFL's or at an offsite location in accordance with all local, state, and federal laws and
regulations.
•
The primary target market for our firearms is Law Enforcement.
•
We have taken every foreseeable precaution to ensure our safety and the safety of the
community.
Thank you for your consideration of this application. I welcome any feedback, comments or
questions you might have.
Sincerely;
Luke Papin
Enc: Site Plan, plan of home occupation area, certificate of security system install.
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1 Address: 3800 Woodbine Lane N.
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Legal: Lot:0018 Block:0001 Addition Palmer Lake terrace 2"d addition
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HOME ECURIT~ C~,R'~~ -~'I~'<'~ E OF INS I A 1,.1i
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DA'Z'E SFRvICE STARTED: Gio I 13 Lf-►.6-
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YARD SIGN AND WINDOW DECALS
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• Floor/Area Ratio - The numerical value obtained through dividing the gross floor area of a
building or buildings by the total area of the lot or parcel of land on which such building is located.
Garaize. Private - An accessory building or an accessory portion of the dwelling building
intended for or used to store private passenger vehicles of the families resident upon the premises
and in which no .business, service or industry connected directly or indirectly with automotive
vehicles may be carried on.
Garaize - School Bus - A building, or portion of a building, used for the storage of school
buses (defined in M.S.A. Section 169.01, Subdivision 6), or where any such vehicles are kept for
remuneration or hire, excluding major repair of such vehicles.
Green Stria - An area containing only vegetation such as grass, trees, flowers, hedges, and
other related landscaping materials, and maintained expressly for such purpose.
Group Dav Care Facilitv - A facility licensed by the Minnesota Department of Public
Welfare to provide child care for six or more children at one time. This term also includes, but is not
limited to, facilities having programs for children known as nursery schools, day nurseries, child care
centers, play groups, day care centers, cooperative day care centers and Head Start programs.
Home Occupation - Subject to the further limitations of Section 35-405 of the Zoning
Ordinance, a home occupation is any gainful occupation or profession, carried on within a dwelling
• unit, by a family member residing within a dwelling unit, which is clearly incidental and secondary
to the residential use of the dwelling unit and the lot upon which it is constructed, including, without
limitation, dressmaking, secretarial services, professional offices, answering services, individual
music or art instruction, individual hobby crafts, and day care and similar activities.
Home Occupation. Special - Subject to the further limitations of Section 35-406 hereof, and
subject to approval by the City Council, a special home occupation is any gainful occupation or
profession carried on within a dwelling unit or any permitted accessory buildings or installations on a
lot, by a family member residing within the dwelling unit, which is clearly incidental and secondary
to the residential use of the dwelling unit, the accessory structures, and the lot upon which it is
constructed, including, without limitation, barber and beauty services, shoe repair, photography
studios, group lessons, saw sharpening, motor driven appliances and small engine repair, and similar
.activities.
Hospital - An institution licensed by the state Department of Health primarily engaged in
providing, by or under the supervision of physicians, to inpatients (A) diagnostic services and
therapeutic services for medical diagnosis, treatment, and care of injured, disabled or sick persons, or
(B) rehabilitation services for the rehabilitation of injured, disabled, or sick persons.
Hotel - A building which provides a common entrance, lobby, and stairways, and in which
lodging is commonly offered with or without meals for periods of less than a week.
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City of Brooklyn Center 35-88 01/19/08
a. In any yards: Off-street open parking spaces; terraces; awnings; canopies; •
steps not exceeding 10% of the area of the yard; chimneys; flagpoles; air
conditioner condensers; temporary seasonal swimming pools; opaque fences,
hedges, or walls provided they shall not exceed four feet in height in front
yards and provided they do not impede vision within the sight triangle
described in Section 35-560, or a clear view of the address of the principal
building. Fences, hedges, or walls may exceed four feet in height alongside
interior property lines. No fence, hedge or wall shall be allowed which
constitutes an unsafe sight obstruction for pedestrians or motor vehicle
operators.
b. In rear yards: Recreational and laundry drying equipment; arbors and
trellises; balconies limited to 15% of the yard area; breezeways, open
porches; detached outdoor living rooms (patios).
9. Interior residential lots shall have a minimum rear yard area of 30% of the total lot
area, exclusive of permitted accessory structures.
10. Setbacks along major thoroughfares as designated in Section 35-900 shall in all cases
be at least 50 feet, measured from the street right-of-way line, except for commercial
buildings located in commercial zoning districts (C 1 and C2) or accessory structures
or where the property abuts a marginal access street or where the property abuts a
noise wall or noise berm constructed by Mn/DOT, or where the City Council finds •
that excess right-of-way mitigates the effects of traffic noise, dust, and fumes. In
such cases, the setback. requirements shall be as contained in the Table of Minimum
District Requirements.
11. Service/office (Cl, CIA) uses abutting major thoroughfares shall have minimum lot
area of one acre.
12. In instances where an existing one or two family structure in a residential zoning
district is deficient in its setback from the front, side, or rear property line by not
more than 30%a of the setback requirement, the structure may be expanded along the
existing building line, provided there is no greater encroachment into the required
yard area. This provision in no way permits the expansion of a conforming structure
resulting in a setback less than established by this ordinance.
Section 35-405. ADDITIONAL REQUIREMENTS FOR HOME OCCUPATIONS:
1. No home occupation shall produce light, glare, noise, odor or vibration perceptible
beyond the boundaries of the lot.
2. No home occupation shall involve the use of any accessory structures or installations.
•
City of Brooklyn Center 35-57 December 3, 2005
03. No home occupation shall involve the use of equipment other than that customarily
found in a residential dwelling unit.
4. No home occupation shall involve the retail sale of merchandise produced off the lot.
5. No home occupation shall involve the employment on the lot of persons who are not
members of the family residing on the lot.
6. No home occupation providing day care shall serve more than twelve (12) children in
the R1 district, five (5) children in the R2 and R3 districts, or five (5) children,
including children of the family occupying a dwelling unit in other residential
districts (R4 through R7). This subsection is not intended to supersede any lease
arrangements which may be more restrictive.
7. No home occupation shall cause traffic congestion on the lot containing the home
occupation or on the streets adjacent thereto.
8. No automobile parking related to the home occupation shall be permitted on the
street.
Section 35-406. ADDITIONAL REQUIREMENTS FOR SPECIAL HOME
OCCUPATIONS:
• 1. All special home occupations shall require approval of a special use permit pursuant
to Section 35-220 of the Brooklyn Center Zoning Ordinance.
2. No special home occupation shall use more than one accessory structure or
installation and such structure or installation must be a permitted use under Section
35-310 and Section 35-311 of the Brooklyn Center Zoning Ordinance.
3. A special home occupation may use equipment not customarily found in a residential
dwelling unit.
4. No special home occupation shall employ, at any one time, more than one person
who is not a member of the family occupying the dwelling unit.
5. No special home occupation may include the teaching of more than ten (10) students
at one time who are not members of the family occupying the dwelling unit.
6. No special home occupation shall cause traffic congestion on the lot containing the
special home occupation or on the streets adjacent thereto.
•
City of Brooklyn Center 35-58 December 3, 2005
7. No automobile parking related to the special home occupation shall be permitted on •
the street provided, however, that upon a finding that the special home occupation is
not feasible without on street parking, the City Council may authorize parking on the
street based upon a consideration of Section 35-220.2 and of the following:
a. The amount of the applicant's street frontage.
b. The rights of adjacent residents to park on the street.
Preservation of the residential character of the neighborhood.
8. No special home occupation shall produce light, glare, noise, odor or vibration
perceptible beyond the boundaries of the lot.
9. No special home occupation shall include the retail sale of merchandise produced off
the lot.
Section 35-410. SPECIAL REQUIREMENTS IN R3, R4, R5, R6 AND R7 DISTRICTS.
1. All storage shall be contained wholly within an enclosed building.
2. The incineration of waste matter shall be conducted in approved equipment located
within the building wherein the permitted use is conducted. Equipment shall be .
considered "approved" when approved by the zoning official and sanitarian.
3. Where a proposed R3, R4, R5, R6, or R7 development abuts an R1 or R2 district
other than at a public street line, buffer provisions shall be established. There shall
be provided a protective strip not less than 25 feet wide in the case of R6 and R7 uses
and not less than 15 feet wide in the case of R3, R4 and R5 uses. The protective strip
shall contain an opaque fence or a Council approved substitute. The protective strip
shall be landscaped and not be used for parking, garages, driveways, off-street
loading or storage. The screening device design must be approved by the City
Council as being in harmony with the residential neighborhood and providing
sufficient screening of the multiple dwelling area. A proposed fence shall be no less
than four feet in height and shall not extend within 10 feet of any street right-of-way.
4. No building permit shall be issued until a site and parking layout has been approved
as provided in Section 35-230. No parking shall be permitted within 15 feet of the
street right-of-way, and the 15 foot area shall be maintained as a green strip.
•
City of Brooklyn Center 35-59 December 3, 2005
City of Brooklyn Center
Special Use Permits - Section 35-220
• 2. Standards for Special Use Permits
A special use permit may be granted by the City Council after demonstration by evidence that all of the
following are met:
L The establishment, maintenance or operation of the special use will promote and eahance the general
public welfare and will not be-detrimental to or endanger the public health, safety, morals or comfort.
b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity
for the purposes already permitted, nor substantially diminish and impair property values within the
neighborhood
c. The establishment of the special use will not impede the normal and orderly development and improvement
of surrounding property for uses permitted in the district
d. Adequate measures have been or will be taken to provide ingress, egress .und parking so designed as to
minimize traffic congestion in the public streets.
e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it
is located.
3. Conditions and Restrictions
The Planning Commission may recommend and the City Council may impose such conditions and restrictions
upon the establishment, location, construction, maintenance and operation of the special use as deemed
necessary for the protection of the public interest and to secure a compliance with requirements specified in this
• ordinance. In all cases in which special use permits am granted, the City Council may require such evidence
and guarantees as it may deem necessary as part of the conditions stipulated in connection therewith.
4. Resubmission
No application for a special use permit which has been denied by the City Council shall be resubmitted for a
period of twelve (12) months from the date of the final determination by the City Council; except that the
applicant may set forth in writing newly discovered evidence of change of condition upon. which he relies to
gain the consent of the City Council for resubmission at an earlier time.
5. Revocation and Extension of Special Use Permits
When a special use permit has been issued pursuant to the provisions of this ordinance, such permit shall
expim without further action by the Planning Commission or the city Council unless the applicant or his
assignee or successor commences work upon the subject property within one year of the date the special use
permit is granted, or unless before the expiration of the one year period the applicant shall apply for an
extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use
Permit" application requesting such extension and paying an additional fee in an amount as set forth by the
City Council resolution.
Special use permits granted pursuant to the provisions of a pv3pr ordinance of Brooklyn Center shall expire
within one year of the effective date of this ordinance if construction upon the subject property pursuant to
such special use permit has not commenced within that time.
In any instance where an existing and established special use is abandoned for a period of one eyar, the special
use permit related thereto shall expire one year following the date of abandonment.
•