HomeMy WebLinkAbout2007 03-15 PCP PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
MARCH 15, 2007
REGULAR SESSION
1. Call to Order: 7:00 p.m.
2. Roll Call
3. Administer Oath of Office: Gary Ford, Della Young
4. Approval of Minutes January 11, 2007
5. 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.
6. Brett Hildreth 2007 -002
I
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.
7. Brett Hildreth 2007 -003
Request for a Variance to create a single family residential lot in the R -2 zoning district
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that is less than 60 ft. in width.
8. MEER, LLC 2007 -004
Request for Special Use Permit and Site and Building Plan approval to construct an
additional school bus garage building at 4435 68 Avenue North.
9. Other Business
10. Adjournment
Application Filed on 2 -22 -07
City Council Action Should Be
Taken By 4 -23 -07 (60 Days)
Planning Commission Information Sheet
Application No. 2007 -002
Applicant: Brett Hildreth
Location: 5421 Lyndale Ave N
Request: Preliminary Plat
The applicant, Brett Hildreth, is seeking 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 in question is zoned R -2, which allows one and two
family residences and is located on the west side of Lyndale Avenue about midway between 53
and 55 Avenues North. It is surrounded on the north and south by single family homes; on the
west by I -94 right -of -way; and on the east by Lyndale Avenue North with the North Mississippi
Regional Park and Trail on the opposite side of the street. The properties when replatted will be
known as the River Road Three Addition and currently have a metes and bounds description of
two lots (Lot 4 and a portion of Lot 3, Bellvue Acres Addition) and will also contain surplus
highway right -of -way, which was turned over to the City of Brooklyn Center lying between the
property addressed 5421 Lyndale and the established right -of -way line for I -94. The applicant's
plan is to create three new lots to be used for single family residential purposes.
A number of years ago, the Minnesota Department of Transportation (MNDOT) turned over to
the City of Brooklyn Center surplus land that was acquired by them for I -94 lying between
existing lots and what was needed for I -94 right -of -way purposes. The City accepted this
property with the idea of conveying it to adjacent property owners to be attached to their
properties. The property was offered to adjacent property owners for a fee. Some took
advantage and acquired the land and combined it to their properties right away. Over the years,
others have, on occasion, acquired the property as well. The applicant who recently acquired
5421 Lyndale Avenue intends to acquire the former right -of -way property adjacent to his
property and to include it with this replat. He also proposes dividing the property into three
single family residential lots.
The middle lot (proposed Lot 2) will contain an existing single family home and garage. The
other two lots (proposed Lots 1 and 3) will be vacant and offered for sale and development as
single family lots.
I
The R -2 zoning district allows both one and two family residences as permitted uses in the
zoning district. There are different minimum lot requirements for single family and two family
uses. Single family interior lots are required to be a minimum of 60 ft. in width (at the building
setback line) and 7,600 sq. ft. in area. Two family interior lots are required to be a minimum of
75 ft. in width and 6,200 s ft. of land per dwelling unit or 12 400 s ft. in area.
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3 -15 -07
Page 1
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The existing parcel at 5421 Lyndale is 194.50 ft. wide (north to south) with an average depth
(east to west) of approximately 190.50 ft., for an approximate area of 37,052 sq. ft. The three
lots proposed by the applicant would have different lot widths and areas due to the location of the
existing structures on the lot that he wants to retain. As mentioned, the existing home and garage
would be located on the middle lot (proposed Lot 2). Because of this, his plan is to create the
south lot (proposed Lot 3) to be 63.53 ft. in width and 12,761 sq. ft. in area. The middle lot
(proposed Lot 2) would be 77.28 ft. in width and 15, 897 sq. ft. in area with all building setback
requirements met; and the north lot (proposed Lot 1) to be 53.69 ft. in width and 11,245 sq. ft. in
area. Note: In order for this preliminary plat to be approved, a variance from the lot width
requirements will have to be granted for the proposed Lot 1. The applicant has submitted a
companion application (Planning Commission Application No. 2007 -003) seeking such a
variance which will be reviewed separately.
The three proposed lots exceed the R -2 minimum requirements for a single family interior lot
with respect to lot area (7,600 sq. ft.) and lot depth (I 10 ft.). Proposed Lots 2 and 3 also exceed
the minimum lot width requirement (60 ft.). The proposed Lot I is 6.31 ft. less than the
minimum lot width of 60 ft.
If no structures existed, this lot division would be a simple matter of creating three equally wide
lots. The location of the existing house and garage and the applicant's desire to retain the
structures have led to the proposed division. A 10 ft. side yard building setback will be met from
the north property line of the proposed Lot 2. A side yard setback of less than 10 ft. could be
allowed, provided there are no doors, windows or openings along the north side of the house.
The applicant does not believe this would be practical or desirable. He has considered other
possibilities such as jogging the property lines around the house or seeking another type of
variance. There is precedent for a lot width variance, in cases where two of the three lot
requirements (width, depth and'area) are met. Again, justification for the lot width variance is
part of Application No. 2007 -003.
One encroachment currently exists based on the survey submitted that will have to be removed
prior to final plat approval. The encroachment is an existing swimming pool that is located over
the lot line separating the proposed Lots 1 and 2. The applicant has indicated his intention to
remove the swimming pool. Again, this matter must be addressed prior to final plat approval.
An existing driveway serving the garage on the proposed Lot 2 also encroaches on the proposed
Lot 3 (south lot). If this driveway is intended to serve both lots, an appropriate cross access
easement will have to be developed and filed with the titles to the properties along with the final
plat. If this is not the applicant's intent, the driveway encroachment onto Lot 3, should be
removed prior to final plat approval. This decision can be left up to the applicant, however, it
must be addressed. The City Engineer/Public Works Director is reviewing the plat and will be
making written comments for the Planning Commission's consideration.
Sewer and water exists in the Lyndale Avenue right -of -way. In fact, sewer and water services
have been stubbed in already to serve the proposed Lot 3. The house on the proposed Lot 2 is
3 -15 -07
Page 2
served by sewer and water. A water service for the proposed Lot 1 is stubbed to the property
line. A sanitary sewer will have to be provided. The sanitary sewer main is located in the
Boulevard area of Lyndale and can be tied into with minimal disruption. The water main is
under Lyndale Avenue, but because the services are provided to the property line, no digging into
Lyndale Avenue pavement will be necessary. Five foot wide drainage and utility easements are
proposed along the north and south property lines for the new proposed lots and 10 ft. drainage
and utility easements adjacent to street right -of -way Lyndale Avenue and I -94).
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.
RECOMMENDATION
Provided the variance requested under Planning Commission Application No. 2007 -003 is
approved, the preliminary plat would be in order and is recommended subject 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 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 is 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.
3 -15 -07
Page 3
City of Brooklyn Center
A Millennium Community
MEMORANDUM
DATE: March 12, 2007
TO: Ron Warren, Planning and Zoning Specialist
FROM: Todd Blomstrom, Director of Public Works
SUBJECT: Preliminary Plat Review
Planning Commission Applications 2007 -002
5421 Lyndale Avenue North
Public Works Department staff reviewed the Preliminary Plat submitted for review under Planning
Commission Application 2007 -002 for the property located at 5421 Lyndale Avenue North. The
applicant is proposing to subdivide an existing residential lot into three parcels. Excess City owned
property, formerly Mn/DOT Highway Turnback, is proposed to be incorporated into the platted
parcels.
Public Works staff recommends that the following conditions are included in the approval of the
subject application.
1. Turnback Property: The proposed plat includes Minnesota Department of Transportation
excess right -of -way (turnback property) located along the west property line. The turnback
property along 5421 Lyndale is currently owned by the City of Brooklyn Center. The City has
historically conveyed turnback property along Interstate 94 to adjacent property owners at the
owners request if this land is not necessary to maintain public utilities.
The most recent land sale of turnback property to adjacent land owners was conducted in 2004.
If the applicant wishes to incorporate this land into the proposed subdivision lots, the applicant
shall enter into a purchase agreement and declaration of restrictive covenant with the City of
Brooklyn Center for the turnback property. Inclusion of the turnback property into the
proposed plat shall not result in any additional lots for the subdivision.
2. Mn/DOT Review: The proposed land subdivision is located adjacent to Interstate
Highway 94. Minnesota Statutes requires that the City submit the plat to the Department of
Transportation for written comments and recommendations. Copies of the proposed
subdivision plat have been forwarded to Mn/DOT for review. The final plat may require
modifications to address comments from Mn/DOT.
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430 -2199 (763) 569 -3400
City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434
FAX (763) 569 -3494
www.cityofbrooklyncenter.org
3. Drainage and Utility Easements: The drainage and utility easement designated along the
western plat boundary shall be increased to 20 feet in width. The drainage and utility easement
designated along the southern plat boundary shall be increased to 12 feet in width. These
modifications are necessary to provide access to the existing drainage structure located near the
southwest corner of Lot 3.
4. Encroachment: The plat identifies an encroachment from a small garage structure located
along the northern property line. This encroachment shall be removed prior to the applicant
filing for final plat approval.
5. Water Service: Water service is provided to the site from an existing 6 -inch diameter ductile
iron water main located within Lyndale Avenue. City record plans indicate that three (3)
separate water services currently extend into the site to provide water connections for the three
proposed lots.
6. Sanitary Sewer Service: Sanitary sewer service is provided to the site from an existing 8 -inch
diameter VCP sanitary sewer main located within the west boulevard of Lyndale Avenue. City
record plans indicate that two (2) separate sewer services currently extend into the property.
The installation of a third sewer service will be required for Lot 1. Connections to the sanitary
sewer main shall comply with all City standards and specifications. Utility construction plans
shall be approved by the City Engineering Division prior to any sewer installation for the site.
7. Storm Water Drainage: The proposed subdivision property is less than one acre in size. The
proposed land use would result in a fairly low density of impervious surface. The applicant
shall prepare an erosion and sediment control plan for approval by the City to ensure proper
erosion practices are implemented during the site development phase of this project.
8. Other Utilities: The applicant shall be responsible for coordinating site development plans
with Xcel Energy, CenterPoint Energy, Qwest Communications and other utility companies.
9. Property Access: The applicant shall either provide a separate driveway connection to the
public street for Lot 3 or provide the City with a cross access easement between Lot 2 and Lot
3 if these two lots will share a common driveway entrance. The construction of new driveway
entrances shall include replacement of the existing curb to provide a curb opening and
construction of a concrete driveway apron extending back from the curb a minimum distance of
ten feet.
10. Stone Retaining Wall: An existing stone retaining wall is located within the public right -of-
way along the property frontage. Any portion of this wall that is removed for site development
or driveway construction shall not be reinstalled within the public right -of -way.
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Application Filed on 2 -22 -07
City Council Action Should Be
Taken By 4 -23 -07 (60 Days)
Planning Commission Information Sheet
Application No. 2007 -003
Applicant: Brett Hildreth
Location: 5421 Lyndale Ave N
Request: Variance
The applicant, Brett Hildreth, owner of the property at 5421 Lyndale Avenue North, is seeking a
variance from Section 35 -400 of the Zoning Ordinance and Section 15 -106, Subdivision g 2 of
the Subdivision Ordinance to be allowed to create a single family residential lot in the R -2
Zoning District that is less than 60 ft. in width.
The property in question is located on the west side of Lyndale Avenue North, about midway
between 53 and 55 Avenues North. It is surrounded on the north and south by single family
homes; on the west by I -94 right -of -way; and on the east by Lyndale Avenue North with the
North Mississippi Regional Park and Trail on the opposite side of the street.
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
surplus highway right -of -way to create three new single family residential lots. The north lot
(proposed Lot 1) of this preliminary plat would be 53.69 ft. in width rather than 60 ft. which is
the minimum lot width requirement called for by the above mentioned Zoning Ordinance and
Subdivision Ordinance requirements.
There is enough lot width and area to create three single family residential interior lots meeting
all of the lot requirements (width, depth and area) without consideration of the location of
existing structures. Single family interior lots in the R -2 district are to have a minimum of 60 ft.
in width (at the building setback line), a minimum lot are of 7,600 sq. ft and a minimum depth of
110 ft. The applicant's proposal to divide the property into three lots and to retain the existing
house in its current location and configuration has led to his request for the variance.
Lot width variances are subject to the standards set forth in Section 35 -240, Subdivision 2
(attached) as well as the standards set forth in Section 15 -112 of the Subdivision Ordinance (also
attached). Both sets of standards contain language relating to uniqueness, hardship and a non-
detrimental affect on nearby property as being a basis for the granting of a variance. The
Subdivision Ordinance standards particularly note the effect of special circumstances and
3 -15 -07
Page 1
conditions such that the strict application of the provisions of the ordinance would deprive the
applicant of the reasonable use of his land. There has developed a policy and precedent over the
years regarding the granting of lot variances within the city. That policy and precedent is
basically that lot variances will be granted if at least two of the three lot standards (width, depth
and area) are met; that no resulting setback deficiencies are created; and that the resulting lot
division seems reasonable and does not create unorthodox situations.
The applicant has submitted written comments relating to the standards for variance in the
Zoning Ordinance (copy attached). Generally he notes that the hardship is related to the shape of
the proposed lot. He comments that the proposed lot will be 53.69 ft. wide by 216 ft deep with a
lot area of 11,245 sq. ft. He notes the minimum land area requirement is only 7,600 sq. ft. The
resulting lot exceeds the minimum lot size requirements while only slightly varying from the lot
width requirement. He adds that if the strict letter of the code were enforced, it would prevent
building a residence on that lot, which would be a hardship to him, not a mere inconvenience.
He notes the uniqueness of this parcel in that the lot was originally intended for three lots as
indicated by the utilities stubbed to the three lots. He adds that the hardship is related to the
requirements of the ordinance because the ordinance requires a 60 ft. lot width. He notes that
there is substantial city precedent for allowing variances where two of the three lot dimensions
have been met. He adds that in this case the lot greatly exceeds the lot depth and area
requirements while only slightly short of the lot width requirements. He adds that the granting of
the variance will not be detrimental but rather appreciative to other land and improvements in the
neighborhood by increasing tax revenue for the city. He notes his history of improving property
in Brooklyn Center and that the traffic impact will be immaterial due to the fact that the new lot
will contain no more than single family residences and that new housing stock will encourage
upgrades and maintenance of the existing housing stock.
We believe the applicant's comments have merit with respect to the Zoning Ordinance and
Subdivision Ordinance standards. Moreover, the policy and precedent related to past variances
involving lot requirements is an overriding factor as well. Given these variances, it could be
concluded that to'not grant a variance in this case, would indeed be depriving the owner of the
property of the reasonable use of his land. The variance will allow for the continued use of the
existing home at a property setback from the new proposed lot line. The newly created lot with a
lot width of 53.69 ft. is not excessive given the exceptionally deep lot and area of 11,245 sq. ft.
as opposed to a minimum lot requirement of 7,600 sq. ft. The creation of this lot should not be
detrimental to the public welfare or surrounding property. Only a single family home will be
allowed and its location can be placed such that all setbacks can be met. It should also be noted,
that if the lot width variance is granted, this would not be a justification for granting any other
variances such as a setback reduction.
A public hearing has been scheduled and notices have been sent to surrounding property owners.
3 -15 -07
Page 2
RECOMMENDATION
We believe the standards for variance are met in this case as well as the policy and precedent for
granting such a variance. We would recommend approval of the 53.69 ft. wide lot noting 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. 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.
3 -15 -07
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LOT SURVEYS COMPANY, INC F.B.NO 1031 -35
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7601 73rd Avenue North 783-611110-3003
Minneapolis, Minnesota 56428 lax No. 580 -9688 a
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SKETCH FOR
BRETT HILDRETH
Area of parcel 1 is 11238.81 sq.ft
Area of parcel 2 is 15626.89 sq.ft
Area of parcel 3 is 13026.16 sq.ft
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that part taken for highway as shown on Minnesota Department of Transportation Monumentation Plat
No. 27 -M -13.
The only easements shown are from plots of record or information
provided by client.
We hereby certify that this is a true and correct representation of
a survey of the boundaries of the above described laid and the
location of all buildings and visible encroachments, if any, from or on Signed
said land. Charles F. Anderson, MI Reg No.21753 or
Surveyed by us this 5th day of October gn 06 Gregory R. Prank bGm Reg No 24992
4
Section 35 -400. TABLE OF MINIMUM DISTRICT REQUIREMENTS. Every use of land within the City of Brooklyn Center shall conform to
the following minimum requirements which are applicable to the Land Use District in which such use is contemplated.
(Note: Refer to applicable footnotes)
(1) Yard Setbacks (10) (12)
Land (3) (5) (2)
Area Width (2) (5) Side Side
District Ste. Ft.) (Feet) Front Rear (6) Interior Corner
Rl
One Family Dwelling (Interior Lot) 9,500 /unit 75 35 25 (9) 10 25
One Family Dwelling (Corner Lot) 10,5001unit 90 35 --(5) 10 25
R2
One Family Dwelling (Interior Lot) 7,600 /unit 60 35 25 (9) 10 25
One Family Dwelling (Comer Lot) 8,750 /unit 75 35 5 10 25
Two Family Dwelling (Interior Lot) 6,200 /unit 75 35 40 10 25
Two Family Dwelling (Corner Lot) 6,200 /unit 90 35 --(5) 10 25
R3 (See Sec. 35 -410) 5,400 /unit --(7) 35 40 --(7) 25
R4 (See Sec. 35 -410) 3,600 /unit 100 35 40 10 25
R5 (See Sec. 35 -410) 2,700 /unit 100 35 (4) 40 (4) 15 (4) 25 (4)
R6 (See Sec. 35 -410) 2,200 /unit 100 50 (4) 40 (4) 20 (4) 50 (4)
R7 (See Sec. 35 -410) 1,400 /unit 50 (4) 40 (4) 20 (4) 50 (4)
Cl (See Sec. 35 -411) (11) 150 35 40 10 25
CIA (See Sec. 35 -411) (11) 150 35 (4) 40 (4) 10 (4) 25 (4)
C2 (See Sec. 35 -412) 100 35,(4) 40 (4) 10 (4) 25 (4)
I -1 (See Sec. 35 -413 100 50 25 10 50
I -2 (See Sec. 35 -413) 100 35 25 10 25
City of Brooklyn Center 35 -53 December 3, 2005
2. Provided for Drainage. Where a subdivision is traversed by a water course, drainage
way, channel or stream, there shall be provided a storm water easement or drainage
right of way conforming substantially with the lines of such water course, together
with such further width or construction or both, as will be adequate for storm water
runoff.
f. Blocks.
1. Factors Governing Dimensions. Block length and width or acreage within bounding
roads shall be such as to accommodate the size of residential lots required in the area
by the zoning ordinance and to provide for convenient access, circulation control and
safety of street traffic.
2. Nonresidential Blocks. Blocks intended for commercial, institutional and industrial
use must be designated as such.
I Lengths. Block lengths shall not exceed 1,800 feet.
4. Arrangements. With the exception of condominium single family attached dwelling
unit subdivisions, a block shall be so designed as to provide two tiers of lots, unless it
adjoins a railroad or limited access highway where it may have but a single tier of
lots.
5. Pedestrian Ways, In blocks over 900 feet long, pedestrian crosswalks may be
required by the council in locations deemed necessary to public health, convenience
and necessity.
g. Lots.
1. Location. With the exception of lots in a condominium single family attached
dwelling unit subdivision, all lots shall abut by their full frontage on a publicly
dedicated street or a street that has received the legal status as such.
City of Brooklyn Center 15 -14 City Ordinance
2. Size. The minimum interior lot dimensions in subdivisions designed for single family
detached dwelling developments in the Rl and R2 Districts established by the Zoning
Ordinance shall be:
aa. Rl District: 75 feet wide at the established building setback line;
R2 District: 60 feet wide at the established building setback line;
bb. not less thap. 60 feet in width at the front lot line;
cc. not less than 30 feet in width at the rear lot line;
dd. not less than 110 feet in average depth; and
ee. Rl District: not less than 9,500 square feet in area;
R2 District: not less than 7,600 square feet in area
The minim corner lot dimensions for single family detached dwelling
developments in the RI and R2 Districts established by the Zoning Ordinance shall be:
ff. RI District: 90 feet wide at the established building setback line;
R2 District: 75 feet wide at the established building setback line;
gg. not less than 100 feet in depth; and
hh. Rl District: not less than 10,500 square feet in area;
R2 District. not less than 8,750 square feet in area;
Where sanitary sewer facilities are not provided, the minimum size of lots shall be
13,500 square feet.
3. Butt Lots. Butt lots shall be platted at least five feet wider than the average width of
interior lots in the block.
4. Side Lot Lines. Side lines of lots shall be substantially at right angles or radial to the
street line.
City of Brooklyn Center 15 -15 City Ordinance
City of Brooklyn Center
Variances Section 15 -112
Section 15 -112 VARIANCES.
a. The council may authorize a variance from these regulations when in its opinion, undue hardship may result from
strict compliance. In granting any variance the council will prescribe only conditions that it deems necessary to or
desirable for the public interest.
In making its findings as required herein below, the council will take into account the nature of the proposed use of
land, the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision,
and the probable effect of the proposed subdivision. upon traffic conditions in the vicinity. To grant a variance, the
council will find:
1. That there are special circumstances or conditions affecting said property such that the strict application of the
provisions of this ordinance would deprive the applicant of the reasonable use of his land.
2. That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner.
3. That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the
territory in which said property is situated.
b. Application for any such variance will be made in writing by the subdivider at the time when the preliminary plat is
filed for the consideration of the council, stating fully and clearly all facts relied upon by the petitioner, and will be
supplemented with maps, plans, or other additional data which may aid the council in the analysis of the proposed
project. The plans for such development will include such covenants, restrictions, or other legal provisions
necessary to guarantee the full achievement of the plan.
Section 15 -112
Revised 2 -95
a 40
f. The application and recommendation of the Board of Adjustments and
Appeals shall be placed on the agenda of the City Council within eighteen
(18) days following the recommendation of the Board, or in the event the
Board has failed to make a recommendation, within seventy -eight (78) days
of the date of referral to the Board.
g. The City Council shall make a final determination of the application within
forty-eight (48) days of the recommendation by the Board of Adjustments
and Appeals, or in the event the Board has failed to make any
recommendation, within one hundred and eight (108) days of referral to the
Board.
h. The applicant or his agent shall appear at each meeting of the Board of
Adjustments and Appeals and of the City Council during which the
application is considered. Furthermore, each applicant shall provide for the
Board or the City Council, as the case may be, the maps, drawings, plans,
records or other information requested by the Board or the City Council for
the purpose of assisting the determination of the application.
i. The Secretary of the Board of Adjustments and Appeals following the
Board's action upon the application, the City Clerk, following the City
Council's action upon the application, shall give the applicant a written notice
of the action taken. A copy of this notice shall be kept on file as a part of the
permanent record of the application.
2. Standards for Variances
The Board of Adjustments and Appeals may recommend and the City Council may
grant variances from the literal provisions of this ordinance in instances where their
strict enforcement would cause undue hardship because of circumstances unique and
distinctive to the individual property under consideration. However, the Board shall
not recommend and the City Council shall in no case permit as a variance any use
that is not permitted under this ordinance in the district where the affected person's
land is located. A variance may be granted by the City Council after demonstration
by evidence that all of the following qualifications are met:
a. Because of the particular physical surroundings, shape, or topographical
conditions of the specific parcels of land involved, a particular hardship to
the owner would result, as distinguished from a mere inconvenience, if the
strict letter of the regulations were to be carried out.
b. The conditions upon which the application for a variance is based are unique
to the parcel of land for which the variance is sought, and are not common,
generally, to other property within the same zoning classification.
City of Brooklyn Center 35 -15 December 3, 2005
C. The alleged hardship is related to the requirements of this ordinance and has
not been created by any persons presently or formerly having an interest in
the parcel of land.
d, The granting of the variance will not be detrimental to the public welfare or
injurious to other land or improvements in the neighborhood in which the
parcel of land is located.
3. Conditions and Restrictions
The Board of Adjustments and Appeals may recommend and the City Council may
impose conditions and restrictions in the granting of variances so as to insure
compliance with the provisions of this ordinance and with the spirit and intent of the
Comprehensive Plan and to protect adjacent properties.
Section 35 -251. APPEALS.
1. Anneal Matters
The Planning Commission acting as the Board of Adjustments and Appeals shall
hear and recommend and the City Council shall make a final determination in the
following appeal matters:
N a. Appeals from the denial of a building permit made pursuant to the adoption
of an official map as provided for in Minnesota State Law.
b. Appeals from an order, requirement, or determination made by an
administrative officer in the enforcement of the zoning ordinance, where it is
alleged that some error in interpretation or judgment exists as provided for in
Section 462.357, Subdivision 6 (1), Laws of Minnesota.
2. Procedures
a. A written appeal stating the position of the appellant and a fee in an amount
as set forth by City Council resolution shall be filed with the Secretary of the
Board of Adjustments and Appeals at least fourteen (14) days prior to the
next regular meeting of the Board of Adjustments and Appeals.
b. The Secretary shall refer the matter to the Board by placing the application
upon the agenda of the Board's next regular meeting.
C. The Board shall report its recommendations to the City Council not later than
thirty (30) days following the date of referral to the Board.
City of Brooklyn Center 35 -16 December 3, 2005
Four standards for variance Met
1. The particular hardship is related to the shape of the proposed lot. The proposed
lot will be 53.69 feet wide at the street by 216 feet on the south side and 219 feet
on the north side of the lot for a total lot size of 11,245 square feet. The minimum
land area in this zoning classification is 7600 square feet. The resulting lot will
greatly exceed the minimum lot size requirements while only slightly varying the
width. Moreover, the original plan for the land was to have a separate lot, which
is indicated by the fact that there is separate utility connections for the proposed
lot. If the strict letter of the code is followed, it would prevent building a
residence on the lot. This is a serious hardship and not a mere inconvenience.
2. The condition is unique to this parcel in that the lot was originally intended to
have 3 lots on it as indicated by utilities stubbed out to all three lots. The spirit of
the original platting is that there would be three lots in this space, which is
generally not common elsewhere.
3. The hardship is related to the requirements of the ordinance because the ordinance
requires a 60 foot lot line. In the past, the city has substantial precedent to allow
variances for situations where 2 of 3 lot dimensions have been met. In this case,
the proposed lot greatly exceeds the lot length and lot area requirements while
only being slightly short on the lot width requirements.
4. The granting of the variance will not be detrimental, but appreciative to other land
and improvements in the neighborhood and city.
a. Increased tax revenue for the city.
b. History of improving everything I've handled in Brooklyn Center including
a complete interior and renovation of the existing home in progress
c. Immaterial traffic impact due to the fact that a new lot will not contain
more than a single family residence.
d. New housing stock will encourage upgrades and maintenance of the
existing housing stock.
Application Filed on 3 -01 -07
City Council Action Should Be
Taken By 4 -30 -07 (60 Days)
Planning Commission Information Sheet
Application No. 2007 -004
Applicant: Meer, LLC
Location: 4435 68th Avenue North
Request: Special Use Permit/Site and Building Plan Approval
The applicant, Matthew Regan on behalf of Meer, LLC, is seeking a Special Use Permit and Site
and Building Plan approval to construct an additional 27,135 sq. ft. school bus garage building
on the site of an existing 34,069 sq. ft. school bus garage at 4435 68 Avenue North. The
property in question is zoned C -2 (Commerce) and is located between 68 Avenue North and
Interstate 94. It is bounded on the west by the North Memorial Health Care Operational Center;
on the north by 68` Avenue North with Health Partners, the U. S. Post Office and a Luther
automobile dealership on the opposite side of the street; on the east by the Atlantis Pools building
and the former Iten Chevrolet site now owned by Luther Company; and on the south by Interstate
94/694.
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 minor repair shall be conducted wholly within an
enclosed building and further provided that the use does not abut any residential zoning district.
The Osseo Brooklyn School Bus Company built, expanded and operated a school bus storage
facility on this site since the early 1980's. For many years the bus company provided bus service
for the Osseo School District including portions of Brooklyn Center. The bus company no longer
has the service contract with the school district and the facility has gone basically unused. Mr.
Regan is in the process of entering into a lease agreement with First Student School Bus
Company that provides school bus service to the northerly portions of the Minneapolis School
District for the use of the existing facility. They are also in need of additional space, thus the
proposal for the additional storage building. Mr. Regan and First Student are aware of the zoning
limits on the use of this property as a school bus garage only and will comply with them. The
facility can be used only to house school buses, buses are to be stored within the building and
only minor servicing and repair of the vehicles may take place on the site. No major overhauls
and mechanical work are to be performed on this site. These were the restrictions established by
the City Council in 1980 when it amended city ordinances to allow school bus garage facilities as
a special use in the C -2 Zoning District.
The applicant's plan is construct anew 27,135 sq. ft. facility north of the existing school bus
building. The existing building can house approximately 65 buses. The new facility would
accommodate a like amount. The front of the new facility would face north with the overhead
door on the south side leading to an access area for both buildings.
3 -15 -07
Page 1
The new building is designed as the existing building was, to be converted for service/office uses
if its use as a school bus garage were ever discontinued.
ACCESS/PARKING
Access to the site is from 68` Avenue North at the northeasterly corner of the site. No changes
to the access or other accesses are planned. Circulation is along the east side of the site with
parking facilities on the south side of the south building and a new parking lot to be constructed
on the north side of the north building. There is no specific parking requirement for school bus
garages in the Zoning Ordinance, therefore, the parking requirement of one space for every 200
sq. ft. of gross floor area is applied because of the commercial zoning designation. The two
buildings total 61,204 sq. ft. which would require 306 parking spaces. The plan shows actual
parking and proof of parking that will provide 307 spaces which will accommodate a
service /office commercial use of the two buildings. The use of the buildings as a school bus
garage will not require the installation of all these spaces. The area between the buildings is
primarily a proof of parking which will not be used for parking purposes for the bus garage
facility. Forty five spaces are located on the south side of the south building and 90 spaces are
provided in the new north parking lot. As far as actual parking, we have suggested one parking
space per bus. The 135 spaces should be sufficient, however, there are other spaces that can be
provided if needed. A proof of parking agreement should be executed and filed as a Declaration
of Covenants with the title to the property assuring that the applicant will provide sufficient
parking as needed and as determined by the city.
Gasoline pumps will remain in their present location and will be along the east side of the new
building. The distance between the two buildings is over 120 ft. and the location of the new
building will meet all building setback requirements. Proper parking setbacks from street right of
way and property lines are also provided.
DRAINAGE /GRADINGMTILITIES
The applicant has submitted a preliminary drainage, grading, utility and erosion control plan and
it is being reviewed by the Director of Public Works /City Engineer. His written comments will
be attached with this report for the Planning Commission's review. The site is 4.81 acres and
will be required to provide a retention pond. The applicant indicates a location for a new
enlarged retention pond to the west of the existing building which will require the construction of
retaining walls in this area. The existing building is serviced by sewer and water that runs along
the east side of the site and connects to sewer and water mains within 68` Avenue. The
applicant's plan is to tie into these utilities, which will enter the new building at the northeast
corner. In addition to a new bituminous parking lot that will be constructed to the north of the
new building, an extension of bituminous will be provided between the two buildings to the west
of existing bituminous. B -612 curb and gutter is to be provided around all parking areas per
zoning ordinance requirements. The new parking lot on the north side of the new building shows
concrete delineation at the end of parking rows but only on the north side of these parking rows.
i
3 -15 -07
Page 2
Typically, concrete delineation is required on both ends of the parking aisles and the plans should
be modified to indicate this. An NPDES permit from the Minnesota Pollution Control Agency is
required to be obtained by the applicant prior to disturbing this site.
LANDSCAPING
The applicant has submitted a landscape plan in response to the point system used to evaluate
such plans. This 4.81 acre site requires a total of 425 landscape points. Existing landscaping is
allowed to be used and counted toward meeting the point requirements, however, an inventory
and point calculation of the existing landscaping is not provided on the landscape plan for this
site. The new landscaping proposed amounts to 293 additional points. Shade trees such as Sugar
Maple and Fallgold Ashe are to be provided in the green strip along 68 Avenue North and in a
parking lot island in the new parking facility. Twenty four Austrian Pine are proposed at the
southeast corner of the site and along the east property line as well as to the west of the new
building and parking lot. Ten Sparkler Crab are to be planted along the east property and at the
southeast corner of the site and also at the northwest corner of the new building and at the
entrance to the new north parking lot. Shrubs including Gold Mound Spirea, American
Cranberry, Day Lilly and Juniper will serve as foundation plantings and be placed in planting
beds at the entrance to the site off 68 Avenue North. A rough estimate, which will need to be
verified by the applicant, is that there is existing plantings worth approximately 184 points on the
site. If this is verified, the site would contain 477 landscape points, exceeding the required
number of points. Again, this must be verified in order to recommend approval of the landscape
plan.
Underground irrigation is required in all landscaped areas. The plan shows seed to be utilized.
Generally, sod is provided. It should be understood that the performance guarantee will not be
released until an acceptable ground cover is provided throughout the site.
BUILDING
The building exterior is proposed to be rock face block in differing colors and shapes. There are
four proposed entrances on the north side of the building with eight overhead doors on the south
side. Windows are to be provided between the four entrances on the north side giving the
appearance of individual tenant spaces which would be utilized if the school bus facilities were
abandoned and the site converted to a service /office commercial use. The colors chosen for the
decorative rock face block are an October yellow for the principal color with accent bands
colored paprika on the top and hickory along the bottom. A question that should be addressed is
the compatibility with these colors and the existing building which is a light color.
3 -15 -07
Page 3
LIGHTING /TRASH
The applicant has submitted a lighting plan showing the location of lighting standards and wall
mounted lights proposed for the site. Three new light standards will be provided in the north
parking lot, two in island areas and the other at the entrance to the north parking lot. Nine wall
mounted fixtures will be located on the new building, four on the north wall, four on the south
wall and one on the east wall next to the fueling area. It appears that four new wall mounted
light fixtures will be installed on the north wall of the existing building between the overhead
doors. The photometric plan indicates that foot candle limitations at the property line will not be
exceeded with the lighting proposed for this site.
Section 35 -712 of the City Ordinances requires that all exterior lighting shall be provided with
lenses, reflector or shades so as to concentrate illumination on the property. No glare shall
emanate from or be visible beyond the boundaries of the illuminated premises. The freestanding
lights and the wall mounted fixtures should comply with these provisions.
The site plan shows the location of a trash enclosure close to the east property line in about the
middle of the site. The trash enclosure will be masonry painted to match the concrete of the
building. An opaque gate of one by six cedar siding will be provided. It also will be painted to
match the concrete block.
SPECIAL USE PERMIT STANDARDS
As indicated previously, the school bus garage facility is a special use in the C -2 zoning district
and as such is subject to the standards for special use permits contained in Section 35 -220 of the
City Ordinances (copy attached). These standards for special use permits require that the
proposed special use will promote and enhance the general public welfare and not be detrimental
to or endanger the health and safety of the public; not be injurious to the use and enjoyment of
other property in the immediate neighborhood; nor substantially diminish or impair property
values; not impede the normal and orderly development of surrounding property; be designed so
as to minimize traffic congestion on the public streets; and conform with the applicable
regulations of the district in which it is located.
We believe that the continuation and expansion of the school bus garage facility in this area will
not be detrimental to or endanger the public health, safety, morals or comfort. Furthermore, we
do not believe that the use will be injurious to other property in the immediate vicinity nor will it
diminish or impair property values within the neighborhood. We also believe that adequate
measures have been or will be taken to provide proper ingress and egress and that parking on the
site is adequate for the uses provided. We do not anticipate traffic congestion on the_ public street
related to this expansion.
.A public hearing has been scheduled with respect to this Special Use Permit and notices have
been sent to surrounding property owners.
3 -15 -07
Page 4
RECOMMENDATION
We believe the plans generally are in order and approval is recommended subject to the
following conditions:
1. 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.
5. 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.
3 -15 -07
Page 5
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.
3 -15 -07
Page 6
City of Brooklyn Center
A Millennium Community
MEMORANDUM
DATE: March 14, 2007
TO: Ron Warren, Planning and Zoning Specialist
FROM: Todd Blomstrom, Director of Public Works
SUBJECT: Preliminary Site Plan Review
Planning Commission Applications 2007 -04
Osseo Bus Company
Public Works Department staff reviewed the following preliminary documents submitted for
review under Planning Commission Application 2007 -04 for the proposed Osseo Bus Company
site improvements located at 4435 68 Avenue North.
Boundary and Topographic Survey, dated January 30, 2007
Preliminary Grading, Drainage and Erosion Control Plan, dated Feb. 28, 2007
Preliminary Utility Plan, dated February 28, 2007
Detail Drawings, dated February 28, 2007
Storm Water Pollution Prevention Plan, dated February 28, 2007
Public Works staff recommends that the following conditions are included in the approval of the
subject application.
1. Fire and domestic water services shall be separated prior to entering the building.
Domestic and fire services shall have separate exterior curb stops, gate valves or PIVs to
allow isolation of individual water service lines.
2. The existing gate valve for the water service to the site shall be inspected and tested by
the applicant's contractor in the presence of utility staff prior to extending the new water
service line to the proposed building. The applicant shall replace or repair the existing
service gate valve if the valve is not fully functional.
3. The proposed site plan shall be subject to the approval of the City Fire Chief and
Building Official regarding hydrant spacing requirements.
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430 -2199 (763) 569 -3400
City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434
FAX (763) 569 -3494
www.cityofbrooklyncenter.org
4. The applicant shall pay City and Metropolitan Council sanitary sewer connection charges
and City water connection charges for the proposed building.
5. All utility extensions shall meet City of Brooklyn Center design standards. The location
and method of connection to the existing water main shall be subject to approval by the
Supervisor of Public Utilities.
6. The utility plan shall be revised to include the installation of a 4 -ft diameter precast
concrete manhole at the connection of the new sewer service to the existing sanitary
sewer line.
7. The site plans shall be revised to show typical dimensions for the proposed parking
spaces. Parking space dimensions shall meet or exceed the minimum standards provided
in City Ordinance Section 35 -702.
8. The applicant shall provide for the installation of a new traffic control Stop sign at the
site egress point.
9. The applicant shall coordinate site development plans with Xcel Energy, CenterPoint
Energy, Quest Communications and all other private utility companies.
10, The applicant shall revise the grading plan to show sufficient survey data to ensure that
the emergency overflow will have a minimum depth of 1 foot and will not discharge
runoff to the adjacent property located to the west of the site.
11. An NPDES construction site erosion control permit must be obtained from the Minnesota
Pollution Control Agency prior to disturbing the site.
12. The applicant has provided a copy of a Minnesota Department of Transportation
Application for Drainage Permit for the site. The applicant shall obtain a Mn/DOT
permit for construction of the proposed pond outlet prior to obtaining a building permit
for the site.
13. The proposed storm water management pond is located in an area with very restricted
access for future maintenance. The property owner will be responsible for the cost of
future maintenance and dredging of the pond to maintain rate control, water quality
treatment performance and slope stabilization.
14, The property owner shall enter into a utility maintenance agreement with the City to
guarantee the long term maintenance of private utilities and storm water facilities located
within the site.
15. The design for the proposed storm water management pond does not appear to include a
safety bench around the perimeter of the pond near the normal water level. At a
minimum, the pond shall be fully enclosed with chain link fencing if a 20 ft wide safety
bench will not be included in the pond design.
16. Side slopes around the perimeter of the pond shall not exceed 25 percent grade.
17. Note "G" on Sheet C4 shall be amended to indicate that the .Contractor is required to
contact the City for an onsite inspection of erosion control measures prior to grading or
removal of existing pavement.
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OSSEO BUS COMPANY
PRELIMINARY GRADING, DRAINAGE,
EROSION CONTROL PLAN
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PROTECTION PLAN [SWPPPI
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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:
a. The establishment, maintenance or operation of the special use will promote and enhance 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.and 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 compliance with requirements specified in this
ordinance. In all cases in which_ special use permits are 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
expire 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 prior 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 shaft expire one year following the date of abandonment.
City of Brooklyn Center
A Millennium Community
MEMORANDUM
DATE: March 14, 2007
TO: Ron Warren, Planning and Zoning Specialist
FROM: Todd Blomstrom, Director of Public Works -rAL3
SUBJECT: Preliminary Site Plan Review
Planning Commission Applications 2007 -04
Osseo Bus Company
Public Works Department staff reviewed the following preliminary documents submitted for
review under Planning Commission Application 2007 -04 for the proposed Osseo Bus Company
site improvements located at 4435 68 Avenue North.
Boundary and Topographic Survey, dated January 30, 2007
Preliminary Grading, Drainage and Erosion Control Plan, dated Feb. 28, 2007
Preliminary Utility Plan, dated February 28, 2007
Detail Drawings, dated February 28, 2007
Storm Water Pollution Prevention Plan, dated February 28, 2007
Public Works staff recommends that the following conditions are included in the approval of the
subject application.
1. Fire and domestic water services shall be separated prior to entering the building.
Domestic and fire services shall have separate exterior curb stops, gate valves or PIVs to
allow isolation of individual water service lines.
2. The existing gate valve for the water service to the site shall be inspected and tested by
the applicant's contractor in the presence of utility staff prior to extending the new water
service line to the proposed building. The applicant shall replace or repair the existing
service gate valve if the valve is not fully functional.
3. The proposed site plan shall be subject to the approval of the City Fire Chief and
Building Official regarding hydrant spacing requirements.
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430 -2199 (763) 569 -3400
City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434
FAX (763) 569 -3494
www.cityofbrooklyncenter.org
4. The applicant shall pay City and Metropolitan Council sanitary sewer connection charges
and City water connection charges for the proposed building.
5. All utility extensions shall meet City of Brooklyn Center design standards. The location
and method of connection to the existing water main shall be subject to approval by the
Supervisor of Public Utilities.
6. The utility plan shall be revised to include the installation of a 4 -ft diameter precast
concrete manhole at the connection of the new sewer service to the existing sanitary
sewer line.
7. The site plans shall be revised to show typical dimensions for the proposed parking
spaces. Parking space dimensions shall meet or exceed the minimum standards provided
in City Ordinance Section 35 -702.
8. The applicant shall provide for the installation of a new traffic control Stop sign at the
site egress point.
9. The applicant shall coordinate site development plans with Xcel Energy, CenterPoint
Energy, Quest Communications and all other private utility companies.
10. The applicant shall revise the grading plan to show sufficient survey data to ensure that
the emergency overflow will have a minimum depth of 1 foot and will not discharge
runoff to the adjacent property located to the west of the site.
11. An NPDES construction site erosion control permit must be obtained from the Minnesota
Pollution Control Agency prior to disturbing the site.
12. The applicant has provided a copy of a Minnesota Department of Transportation
Application for Drainage Permit for the site. The applicant shall obtain a Mn/DOT
permit for construction of the proposed pond outlet prior to obtaining a building permit
for the site.
13. The proposed storm water management pond is located in an area with very restricted
access for future maintenance. The property owner will be responsible for the cost of
future maintenance and dredging of the pond to maintain rate control, water quality
treatment performance and slope stabilization.
14. The property owner shall enter into a utility maintenance agreement with the City to
guarantee the long term maintenance of private utilities and storm water facilities located
within the site.
15. The design for the proposed storm water management pond does not appear to include a
safety bench around the perimeter of the pond near the normal water level. At a
minimum, the pond shall be fully enclosed with chain link fencing if a 20 ft wide safety
bench will not be included in the pond design.
16. Side slopes around the perimeter of the pond shall not exceed 25 percent grade.
17. Note "G" on Sheet C4 shall be amended to indicate that the Contractor is required to
contact the City for an onsite inspection of erosion control measures prior to grading or
removal of existing pavement.