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HomeMy WebLinkAbout2005 09-29 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION SEPTEMBER 29, 2005 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:33 p.m. ROLL CALL Chair Tim Willson, Commissioners Rex Newman, Sean Rahn, and Tim Roche were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Eric Berns and Rachel Lund were absent and excused. Graydon Boeck was absent and unexcused. APPROVAL OF MINUTES — AUGUST 25, 2005 There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to approve the minutes of the August 25, 2005 meeting as submitted. The motion passed unanimously. CHAIR'S EXPLANATION Chair Willson explained the Planning Commissions role as 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. APPLICATION NO. 2005 -014 GIGI YANIS Chair Willson introduced Application No. 2005 -014, a request for a Special Use Permit to conduct a home occupation that involves customer traffic at 5549 Brooklyn Boulevard. The property is zoned R -1 (One Family Residence). Home occupations that involve customer traffic at the home are considered special uses requiring the granting of a special use permit by the City Council following review and public hearing by the Planning Commission. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 9 -29 -05 for Application No. 2005 -014, attached.) Commissioner Newman asked about allowable signage for the home occupation. Mr. Warren responded that the applicant already has signs displayed for her business that were approved by the City and no additional signs would be allowed. PUBLIC HEARING — APPLICATION NO. 2005-014 There was a motion by Commissioner Newman, seconded by Commissioner Roche, to open the public hearing on Application No. 2005 -014, 7:45 at p.m. The motion passed unanimously. Chair Willson called for comments from the public. The applicant, GiGi Yanis, 5549 Brooklyn Boulevard introduced herself. Chair Willson asked the applicant what hours she would be open for business. Ms. Yanis replied that she plans to operate by appointment only between the hours of 9 a.m. to 7 p.m. Commissioner Roche asked if Ms. Yanis had talked to her neighbors about her proposal. Ms. Yanis responded that she had talked to the neighboring property owner about her plans. No other persons from the public appeared before the Commission during the public hearing on Application No. 2005 -014. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Roche, to close the public hearing on Application No. 2005 -014, at 7:47 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2005-014 — GIGI YANIS There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to recommend to the City Council that it approve Application No. 2005 -014, submitted by GiGi Yanis for a Special Use Permit to conduct a home occupation that involves customer traffic at 5549 Brooklyn Boulevard subject to the following conditions: 1. The special use permit is granted for a home occupation involving customer traffic related to palm and tarot card readings to be conducted on an appointment only basis at 5549 Brooklyn Boulevard. The home occupation may not be altered or expanded in any way not comprehended by this application without first securing an amendment to the special use permit 2. , The special use permit is subject to applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 3. All parking associated with the 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. 4. The hours of operation shall be between the hours of 9 a.m. and 7 p.m. Customers shall be served on an appointment only basis. 5. The applicant shall comply with the recommendations of the Building Official with respect to safety related matters following inspection of the property. 6. There is no over the counter sales of merchandise comprehended through the granting of this special use permit. Any sales related to this home occupation shall be conducted off premises. Voting in favor: Chair Willson, Commissioners Newman, Rahn, and Roche. The motion passed unanimously. The Council will consider the application at its October 10, 2005 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. DISCUSSION ITEM: PARKING AND STORAGE OF VEHICLES IN THE FRONT YARD OF R -1 ZONES Mr. Warren explained that the Commission has been provided copies of documents that were reviewed by the City Council regarding limiting the parking of vehicles both in the front and back yards of residential property. He further stated that city ordinances state that any vehicle parked in a residential area must be properly licensed AND operable. The only exception to that is for pioneer, classic and collector vehicles. In that case the vehicles must be currently licensed as such but they do not have to be operable provided they are stored in a building or behind an opaque wall screened from view. Mr. Warren stated that the same section of the ordinance prohibits the storage of junk cars and auto parts unless stored in a garage. Mr. Warren added that some of the issues surrounding parking of vehicles is really part of the nuisance ordinance and some of the problems related to parking of these vehicles could be dealt with by better enforcement. Mr. Warren noted that Mr. Will Dahn, 5743 Knox Avenue North, who introduced this issue to the City Council, is present at this evening's meeting. Mr. Dahn described his history with the city as a resident and former employee and how the ordinance was enforced at the time he worked with the city to maintain a maximum of six cars in any front yard (referenced in Section 35 -711). He notes that he has observed some residences in the city with 8 to 10 cars parked in the front and sometimes more in the back along with parts scattered on the property and cars up on blocks and dismantled. i The Commission posed a question regarding the possibility of some single family residences being used as illegal home occupations involving cars and car parts. If so, it appears that there is an enforcement issue with regards to the number of vehicles on properties but the situation does not necessarily warrant rewriting the ordinances. The Planning Commission Members further discussed what direction they would like to go with regards to this part of the ordinance. There was consensus among the members to further explore possible changes to Cha ter 19 and 35 and the Commission directed Mr. Warren to p p P provide them with information regarding existing ordinance language at a future meeting for further study and discussion. After further review, the Commission would then make a recommendation to the City Council regarding parking and storage of vehicles in residential areas. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Neweman, seconded by Commissioner Roche, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:11 P.M. Chair Recorded and transcribed by: Rebecca Crass I I i i f I i i l I I i