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Home My WebLink About1967-330 CCR Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -330 RESOLUTION APPROVING APPLICATION NO. 67050 SUBMITTED BY DAVIES WATER EQUIPMENT COMPANY WHEREAS, Davies Water Equipment Company applied in September of 1967 (under Planning Commission Application #67050) for a variance from the requirements of Section 35 -402 of the Zoning Ordinance to permit construction of an industrial building on property zoned to the (I -1) LIMITED INDUSTRIAL DISTRICT" zoning classification, with less than the required 100 foot building setback for industrial properties where such property is adjacent to residential properties across a street; and WHEREAS, the property in question, at 4010 Lakebreeze Avenue North (Parcel 1800, Plat 89010), is adjacent on its western boundary across Azelia Avenue North, to properties zoned to the "(R -B) RESIDENCE- BUSINESS CLASSIFICATION which classification permits (among other uses) residential uses such as single family or multiple family dwellings, and professional office uses, and which R -B property is presently being used for both single family and multiple family dwelling purposes; and WHEREAS, the request for variance was heard by the Planning Commission at a public hearing on September 21, 1967, at which time the applicant stated that the imposition of the full 100 foot setback would work an extreme hardship on him in the development of the property for its intended industrial purpose, and further proposed that his design for the development of the property with the industrial building setback from Azelia Avenue a distance of 60 feet, and a fenced storage yard setback 30 feet would provide adequate, if not better, transition and buffering to the properties on the west side of Azelia Avenue than would be provided by the 100 foot setback required by the Zoning Ordinance; and WHEREAS, the Planning Commission, upon a review of the factors involved in the variance request, recommended to the City Council that the requested variance be denied, finding that "it does not meet the standards for variance as set out in the Ordinance, and further, that there is no compelling reason to alter the setback requirement of the existing Ordinance and WHEREAS, the Application, along with the Planning Commission's recommendation thereon, was reviewed by the City Council at its meeting of September 25, 1967, at which time the applicant again reiterated his opinion that the 100 foot setback requirement would work an extreme hardship on him in the use of the remainder of the property, 100 feet being approximately one third of the total property, and that the intended purpose of the 100 foot setback could be accomplished with a lesser distance; and Resolution No. 67 -330 WHEREAS, the Council, following the gathering of comments from the applicant and adjacent residents, directed the City Attorney to research certain legal points relating to the granting of such a variance, with the matter to be tabled until the Council meeting of October 16th; and WHEREAS, on October 16th, with the Planning Commission Chairman in attendance, the Council again considered Application #67050, commencing with the legal comments of the City Attorney which had been requested at the meeting of September 25th, with the following action of the Council being the result of that discussion: "Whereas, the 100 foot setback requirement for industrial buildings where such industrial property faces residential properties across a street would permit vehicular parking and driving, (including trucks) along such boundary street; and Whereas, the use of such 100 foot setback for active vehicular usage would tend to negate the intent of the setback requirements, that of providing proper buffering for residential properties adjacent to the industrial use; Application 67050 submitted b Davies Water Equipment Com an Y Company is therefore referred back to the Planning Commission for consideration of site and building plans incorporating a 35 foot setback /buffer along the west side of the property, including a 6 foot high solid (opaque) fence or wall parallel to the west property line and 35 feet from that line, with the setback /buffer to be landscaped in a manner appropriate to a residential environment and with no use of this 35 foot buffer area for any parking, vehicular access, or any other activity related to the industrial business usage of the property in question along Azelia Avenue." and WHEREAS, Application #67050 was again reviewed by the Planning Commission on October 26, 1967, on this occasion requesting approval of site and building plans for the property in question which plans included a 35 foot wide landscaped area along Azelia Avenue, with a six foot high concrete block wall and the west wall of the proposed building to be constructed 35 feet from the west property line; and WHEREAS, the Commission discussed at length the question of whether a lesser setback consisting entirely of landscaped area was better for purposes of transition than a 100 foot setback in which such activities as vehicular parking would be permitted, with the conclusion of the Commission being that the greater setback with parking permitted therein is better than a 35 foot setback entirely landscaped, and this theory was transmitted as the Commission's philosophy with regard to the Davies Application, with no formal action taken on the plans submitted for approval, as the Commission "could not approve plans which are in opposition to the Planning Commission's past action recommending denial of a lesser setback than 100 feet and Resolution No. 67 -330 WHEREAS, the Council, on October 30th, again considered Application #67050, requesting both a variance from the setback requirements of Section 35 -402 and approval of site and building plans, the plans consisting of a 35 foot setback as had been submitted to the Planning Commission; and WHEREAS, the City Council, at its meeting of October 30th, determined that the request for variance be denied, primarily because the applicant could not show the existence of a hardship accruing to his property due to adherence to the requirements of the Zoning Ordinance; and WHEREAS, Section 35 -111 of the City's Ordinances confers upon the City Council the power to vary the requirements of the Zoning Ordinance in harmony with the general purpose and intent thereof, such that the public health, safety and general welfare will be promoted; and WHEREAS, in the judgment of the City Council and the adjacent residential property owners the general purpose of the Zoning Ordinance will best be served, and the benefits and advantages of a variance from the 100 foot building setback requirement of the Ordinance will primarily accrue to the adjacent residential property owners rather than to the applicant for variance; and WHEREAS, the STANDARDS FOR VARIANCE enumerated in Section 35 -221 of the Ordinances are oriented to the view that the benefits and advantages of variances accrue primarily to the applicant therefore,, and WHEREAS, it is therefore the judgment of the City Council that the STANDARDS FOR VARIANCE enumerated in Section 35 -221 are not applicable in this case. NOW, THEREFORE, the Council action of October 30, 1967, denying the variance requested by Davies Water Equipment Company in Application #67050 is hereby rescinded, and is hereby replaced by approval of said variance to permit a building setback on the subject property of 35 feet from the west property line, and approval of the site and building plans submitted, but with the following conditions and stipulations: 1. a 35 foot wide strip of land abutting Azelia Avenue shall be provided as a landscaped buffer strip, with appropriate plantings and vegetation as shown on the approved site plan, with no use other than landscaping to be made of the buffer strip; 2. an opaque concrete block wall 8 feet in height shall be installed parallel to, and 35 feet east of Azelia Avenue, from the north property line of this property to its connection with the northwest corner of the building to be built on the property; Resolution No. 67 -330 3* the right of access to Azelia Avenue shall be conveyed by the owner of this property to the City of Brooklyn Center, with such right of access to be automatically re- conveyed to the owner of record if and when the usage and zoning of the properties on the west side of Azelia Avenue becomes commercial or industrial in nature; 4. a performance agreement shall be entered into by the owner and developer of this property to guarantee the site details described above, and other site details included in the site plans approved, with a performance bond (in an amount to be determined by the City Manager) to be provided by the owner to guarantee initial installation of these site improvements and maintenance thereon for a period of 3 years after initial installation. 5. the approval of the building plans submitted is subject to the approval of the Building Inspector as to applicable building codes of the City. November 9, 1967 Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, john Leary, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.