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HomeMy WebLinkAbout1966-290 CCR RESOLUTION NO. 66 -290 RESOLUTION DENYING APPLICATION 66030 (AMENDED) BY DONALD MASON AND SUPERAMERICA STATIONS, INC. WHEREAS, on April 18, 1966 Donald Mason submitted Application 66030 requesting a special use permit for the establishment of a gasoline service station and approval of plans fora service station/retail sales outlet at 5657 Logan Avenue North also described as parcel 4551, auditors subdivision 218, Hennepin County, and WHEREAS, Application 66030 was considered by the Planning Commission at a public hearing conducted on May 5, 1966, said consideration resulting in a recommendation to the Village Council that Application 66030 be denied, and WHEREAS, the Village Council considered Application 66030 at its meeting of May 16, 1966 at which time the applicant, Mr. Mason, requested, and the Village Council acted to continue the consideration of Application 66030 in order to permit the applicant to submit a revised and amended application to the Planning Commission naming Superamerica Stations, Inc. as co- applicant and requesting consideration of certain variances, and WHEREAS, an amended Application 66030 was submitted on July 26, 1966 by Superamerica Stations, Inc. and Donald Mason requesting a special use permit to establish a gasoline service station, a variance to permit the improve- ments to be made on a lot that has a frontage of 132 feet and a depth of 110 feet instead of the size required, and a variance to permit the applicant to provide 11 parking spaces rather than 18 as required by Village Ordinance, and WHEREAS, Application 66030 (amended) was considered by the Planning Commission at a public hearing conducted August 4, 1966 with the resulting recommendation to the Village Council that the requests for special use permits to operate a service station and to allow retail sales at a proposed service station be denied and that the variances relative to lot dimension and parking spaces be denied, and WHEREAS, the Village Council received the recommendation of the Planning Commission relative to Application 66030 (amended) and considered the application at a public hearing conducted August 15, 1966 with the result that the matter was tabled for a period of approximately 30 days to permit additional time to acquire facts and review those facts presented, and WHEREAS, the matter was subsequently continued until the Council's meeting of October 13, 1966 at which time a review was conducted of information and facts relative to Application 66030 (amended) and at which time additional facts were presented and elicited for the Council's consideration, and RESOLUTION N0. 66 -290 (Cont'd) WHEREAS, on October 13, 1966, the Village Council took action relative to Application 66030 (amended) to instruct the administrative staff of the Village to organize and summarize all information and facts submitted to date and to present the material so organized to the Village Council for its consideration and final determination on October 24, 1966, and WHEREAS, the Village Council has received and reviewed a summary of facts and information and has reviewed all of the evidence submitted relative to application# 66030 (amended). f NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Brooklyn Center, Minnesota as follows: A. With respect to the request in Application 66030 (amended) for a variance from the parking requirements set forth in Section 35 -704 of the Village Ordinances, the Village Council finds as follows: 1. That eighteen easily accessible parking spaces are needed to support the proposed use, and that the parking provisions of Section 35 -704 of the Village Ordinances are reasonable and are recognized as needed and necessary, as regards Brooklyn Center, to protect the welfare of the community with respect to traffic congestion, off -site parking and public safety. 2. That the property fronts on a four -lane major thoroughfare (57th Avenue North) of the Village upon which no parking will be permitted and it sides on a 30 foot residential street (Logan Avenue North) upon which no appreciable parking can be tolerated. 3. That since the submitted affidavits of Superamerica service station managers in other locations do not reflect the number of additional parking spaces which could be obtained at each respective site by employing the same design principles as employed in application 66030 (amended) (i.e. on either side of the gas pump lanes), and since the affidavits do not reflect the number of additional parking spaces available in adjacent parking lots and in on- street parking adjacent to the respective sites and the extent to which such parking spaces may be used by customers, and since the affidavits do not reflect the likely number of customers who walk to the respective Superamerica sites as opposed to the nature of Brooklyn Center customers to drive and not walk to the retail facilities due to the absence of side- walks in the community, the affidavits do not support the applicants' contention that the parking provisions of Section 35 -704 are unreasonable and arbitrary. Only 11 spaces have been provided by the applicant and he readily admits that he cannot meet the requirements of the Ordinance. 4. That there are no particular physical surroundings nor shape nor topographical conditions relative to the subject property which render a particular hardship to the owner in justification of a parking variance. RESOLUTION NO. 66 -290 (Cont'd) A. (Cont'd) 5. That the conditions and circumstances upon which the petition for a variance is based are not unique to the subject property and that the parking provisions of Section 35 -704 have been uniformly applied to similar properties in the B -1 zoning classification. 6. That the granting of the requested variance would be detrimental to the public welfare and injurious to other land in the neighborhood of the subject property due to resulting traffic congestion and hazards to the public safety caused by inadequate on -site parking facilities. 7. That the parking deficiency is a consequence of the factor that the use proposed by the applicant is too intensive a use for the size of the subject property. and as a result of these findings, member Theodore Willard moved and member John Leary seconded that the Village Council of the Village of Brooklyn Center determines that the health, safety and general welfare of the Village will best be served by denying that portion of Application 66030 (amended) relative to a variance from parking requirements as set out in Section 35 -704 of the Village Ordinances. Motion carried unanimously. B. Although Application 66030 (amended) does not so specifically request, the site plans submitted in support of the application propose that the primary building be located 10 feet from the rear (south) property line, thereby requiring a variance from Section 35 -401 of the Village Ordinances which requires a 25 foot setback in a B -1 zoning district. With respect to this factor of Application 66030 (amended), the Village Council finds as follows: 1. That the proposed ro p osed service station does front on 57th J Avenue North which is a major thoroughfare. 2. That after meeting the requirement to front the proposed service station on a major thoroughfare (57th Avenue North), the applicant cannot designate another lot line as the front lot line for the self serving purposes of determining setbacks. The provisions of Section 35 -413 (1) predominate over Section 35 -880 which allows the owner of a corner lot to select his front lot line. 3. That a 25 -foot rear yard setback along the south line of the subject property is necessary to adequately protect against interference with the adjoining land thereby allowing for its orderly use and develop- ment and to preserve required open space. 4. That the conditions and circumstances upon which the petition for which the variance is based are not unique to the subject property for which the variance is sought and the setback provisions of Section 35 -401 of the Village Ordinances are applicable and have been uniformly applied to other properties within the B -1 zoning classification. RESOLUTION NO 66 -290 (Cont'd) a B. (Cont'd) and as a result of these findings, member Howard Heck moved and member John Leary seconded that the Village Council of the Vi llage of Brooklyn Center hereby determines that the health, safety and general welfare of the Village will best be served by denying that portion of Application 66030 (amended) relative to a necessary variance from the rear yard setback requirements of Section 35 -401 of the Village Ordinances. Motion carried unanimously. C. With respect to that portion of Application# 66030 (amended) requesting a variance from that portion of Section 35 -413 (1) of the Village Ordinances which requires that the minimum width and depth respectively of the use (service station) site shall be 120 feet, the Village Council finds as follows: 1. That subject property is deficient by 10 feet in lot depth. 2. That no evidence has been submitted by the applicant that it attempted to obtain additional land to comply with the minimum depth requirement of the ordinance. 3. That the conditions and circumstances upon which the petition for a variance is based are not unique to the subject property for which the variance is sought. 4. That the provisions of the ordinance with respect to the minimum dimensions for service stations are applicable and are uniformly applied to other service station properties within the B -1 zoning classification. and as a result of these findings, member john Leary moved and member Theodore Willard seconded that the Village Council of the Village of Brooklyn Center hereby determines that the health, safety, and general welfare of the Village will best be served by denying that portion of Application 66030 (amended) relative to a variance of 10 feet in depth from the minimum 120 foot depth required by Section 35 -413 (1) of the Village Ordinances. Motion carried unanimously. D. With respect to that portion of Application 66030 (amended) requesting a special use permit for a service station in a B -1 zoning district as provided in Section 35-320 (3) of, the Village Ordinances, the Village Council finds as follows: 1. That the special use permit proposal does not conform to the applicable regulations of the B -1 zoning classification, i.e. parking regulations, rear yard setback regulation, and lot dimension regulations. 2. That the subject property is presently zoned B -1 and that the subject property abuts a property to the south which is also presently zoned B -1 but which southerly property is presently occupied by a home and used in an R -1 manner. 3. That the subject property is adjacent to a residential (R -1) zoning district to the east and northeast. RESOLUTION NO. 6 6- 29 0 (Cont' d) D. (Cont' d) 4. That the establishment and operation of the proposed service station will be detrimental to and will unreasonably interfere with the public safety, comfort and general welfare of the neighborhood, due to traffic congestion and hazards to pedestrians caused by inadequate on -site parking facilities. and as a result of these findings, member Howard Heck moved and member Theodore Willard seconded that the Village Council of the Village of Brooklyn Center hereby determines that the health, safety and general welfare of the Village will best be served by denying that portion of Application #66030 (amended) relative to a special use permit for a service station. Motion carried unanimously. E. With respect to that portion of Application #66030 (amended) necessitating a special use permit to sell or dispense goods and merchandise prohibited by Section 35 -413 (10c) of the Village Ordinances, the Village Council finds as follows: f 1. That the provision of Section 35 -413 (10c) is reasonable, as applied to said application. 2. That the special use permit proposal does not conform to the applicable regulations of the B -1 zoning classification in the sense that inadequate parking is proposed to support the use, inadequate setback is proposed, and inadequate depth is proposed. and as a result of these findings, member Theodore Willard moved and member John Leary seconded that the Village Council of the Village of Brooklyn Center hereby determines that the health, safety and general welfare of the Village would best be served by denying that portion of Application #66030 (amended) relative to a special use permit to sell or dispense merchandise prohibited by Section 35 -413 (10c) of the Village Ordinances. Motion carried unanimously. After consideration of all the elements of Application #66030 (amended), it is hereby determined by the Village Council of the Village of Brooklyn Center that the health, safety and general welfare of the Village will best be served by denying Application #66030 (amended) as submitted. October 24, 1966 Date r, Mayor ATTEST: Cs j a Clerk The motion for the adoption of the foregoing resolution was made by member John Leary and seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Earl Simons, John Leary, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.