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HomeMy WebLinkAbout1989 04-18 MINUTES OF THE SOUTHEAST NEIGHBORHOOD ADVISORY GROUP MEETING OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND STATE OF MINNESOTA APRIL 18, 1989 CITY HALL CALL TO ORDER The Southeast Neighborhood Advisory Group meeting was called to order by Chairman Louis Sullivan at 7:30 p.m. ROLL CALL Chairman Louis Sullivan, Advisory Group Members June Scofield, Everett Lindh, Ben Davidson, Delores Hastings and Jody Brandvold. Also present were Planning Commissioner Wallace Bernards, Director of Planning and Inspections Ronald Warren, and Planner Gary Shallcross. REVIEW OF APPLICATION NO. 89009 (HARRIET BERG AND MILTON CARLSON) Director of Planning and Inspections Ronald Warren briefly reviewed with the neighborhood advisory group the function of neighborhood advisory groups, namely to review and comment on rezonings and comprehensive plan amendments. He reviewed with the neighborhood advisory group members the memo that he had sent them regarding Application No. 89009 submitted by Milton Carlson and Harriet Berg. He explained that the applicants wish to build garages on their property and are unable to do so at present because they are nonconforming uses which are not allowed to expand. He stated that, if they were rezoned to R -4, they would become conforming uses and garages could be added. He reviewed with the neighborhood advisory group the recommendation of the comprehensive plan which calls for permitting one and one half to two storey apartments at intersections of collector or alteral streets in the southeast neighborhood. He explained that, although the comprehensive plan acknowledges the existing small apartment buildings in the southeast neighborhood, the zoning ordinance does not confer R -4 zoning on them. He explained further that, if there is an inconsistency between the zoning ordinance and comprehensive plan, the zoning ordinance prevails. Mr. Warren noted that the Planning Commission had recommended expanding the rezoning application to include the other small apartment buildings in the southeast neighborhood since they are in basically the same circumstances as 610 and 620 53rd Avenue North. Mr. Warren pointed out that the memo includes 5452 Fremont as a 3 -plex. He explained, however, that this was a mistake and that the residence is only a single family home and should not be considered in the rezoning. He pointed out on an area map the location of the other small apartment buildings in the neighborhood which would be affected by the rezoning. Mr. Warren stated that he had received a couple of phone calls from people who received notice of the meeting. He stated that one call was concerning 5452 Fremont which will be eliminated from consideration of the rezoning. He stated the calls he had received had no obligations to the rezoning and that some of the calls were actually favorable. He pointed out that the rezoning would not allow for any additional apartment units to be built on the existing apartment building properties. DISCUSSION Delores Hastings asked whether a greater lot area was required for the building of -1- L garages. The Planner answered that, as a practical matter there is usually more land needed to provide garages, but that there is no land area requirement under the zoning ordinance to build garages. Mr. Warren explained that there are requirements for offstreet parking pertaining to multiple family dwellings and that garages do count toward meeting these requirements. June Scofield asked whether the entrance to the garage at 53rd and Camden would be off Camden Avenue North. Mr. Warren responded in the affirmative. Jody Brandvold stated that she had no reason to think of the proposed garage as anything other than an improvement to the property. Everett Lindh noted that the proposed rezoning did not appear to be opening the neighborhood for further multiple family development. Mr. Warren responded in agreement. June Scofield asked whether garages were actually feasible for the apartment building at 55th and Humboldt. Mr. Warren answered that garages could not be built without a proper building permit and that a plan would have to be submitted to the city and be approved before the garages could be built. He also pointed out that multiple family dwellings cannot utilize tandem parking as is common in one and two family dwellings. He added that paving and curb and gutter is required for parking lots in multiple family zones. Ms. Scofield asked why the matter was referred to the Southeast Neighborhood Advisory Group when there appeared to be no particular opposition. Mr. Warren explained that the tradition in reviewing rezonings is to refer the proposals to the relevant neighborhood advisory group. He stated that the decision by the Planning Commission was to consider all of the small apartment buildings in the southeast neighborhood collectively since they were all in similar circumstances and had been built around the same time. Jody Brandvold stated that she appreciated handling the question at one time. She stated she saw no reason to oppose the rezoning and recommended approving the whole group at one time. Wally Bernards explained that expanding the rezoning to include the other small apartment buildings in the southeast neighborhood required the City to notify more neighbors and that a public meeting was appropriate to handle any comments. He added that he believed that the addition of garages to these buildings would be a good option. Ben Davidson stated that he had looked at the access question and the concern regarding traffic flow for these apartments and that his concern had been answered. Jody Brandvold had asked whether there had been any negative comment on the proposed rezoning. Mr. Warren stated that one party had expressed concern about 5452 Fremont, which is being eliminated from the rezoning request. The Planner added that one woman had called him with concern regarding 5500 Bryant Avenue North. She had stated that she was afraid a garage would be too close to her property. The Planner pointed out that buffers are required between R -4 uses and R -1 uses. Mr. Warren pointed out that the comprehensive plan seems to have recommended small apartment buildings at intersections of collector streets but that the zoning designation did not follow upon that recommendation. He stated that he did not know why the zoning did not follow the comprehensive plan recommendation. PUBLIC COMMENT Chairman Louis Sullivan then opened the meeting for comments from anyone else present wishing to speak regarding the application. Mr. Jerry Miller, a representative of the applicants stated that he had no problem with the report delivered by Mr. Warren. Harriet Berg, one of the owners of 620 53rd Avenue North, 4 -18 -89 -2- explained that, because of a sewer easement through the property, access to the new garage to be built would be off 53rd Avenue North rather than Camden. Ms. Brandvold stated that she did not have any problem with that. Mr. Phil Cohen, a long time resident the of the southeast neighborhood and former mayor, explained some of the history behind the existing situation. He stated that the apartment buildings were usually built on end lots of developments which had excess land area. He stated that the city attorney and the planner hired by the City to do the comprehensive plan were concerned regarding nonconforming uses and spot zoning of these apartment buildings. He stated there was concern especially of the possibility of setting a precedent by spot zoning these various parcels to R -4. Mr. Cohen went on point out that state law preempts local zoning in some cases. He noted that groups homes can be allowed in apartment buildings. Mr. Cohen explained that the area in the south end of the southeast neighborhood was zoned R -2 to allow for double bungalows on lots that could be created by combining two 40 foot lots together. He recommended looking at the possiblity of upzoning more land in the southeast neighborhood to R -3 or R -4 to allow for more multi - family housing, especially for the elderly who live in the neighborhood. Mr. Warren thanked Mr. Cohen for backgrounding the group on the history of the area and responded briefly to some of the comments. He pointed out that spot zoning is defined in the City Zoning Ordinance has zoning which is contrary to the City's Comprehensive Plan. He pointed out that the comprehensive plan does refer to the small apartment buildings and that, therefore, their rezoning to R -4 would be consistant with the plan. He stated that he agreed with the points expressed regarding group homes. He explained that State Law requires that homes with up to 6 wards or clients be allowed as a permitted single - family permitted use of property. In multiple- family zones, he went on, State Law requires allowing up to 16 clients. He stated that he felt a nonconforming apartment building could still be used as a group home. June Scofield noted that there was only one group home in the southeast neighborhood, located on Lyndale Avenue North. DELIBERATION Chairman Louis Sullivan then polled the group members as to their feelings regarding the rezoning request. Each of the Southeast Neighborhood Advisory Group and Planning Commissioner Wallace Bernards stated that they favored the proposed rezoning, with the exception of 5452 Fremont Avenue North. ADJOURNMENT Following a brief discussion regarding housing maintenance problems in the southeast neighborhood and the difficulties in enforcing the ordinance, there was a motion by Jody Brandvold, seconded by June Scofield to adjourn the meeting of the Southeast Neighborhood Advisory Group. The motion passed unanimously. The neighborhood group adjourned at 8:13 P.M. Chairman 4 -18 -89 -3-