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HomeMy WebLinkAbout1966 06-08 CCM Special Session 5 Minutes of the Proceedings of the Village Council of the Village of Brooklyn Center In the County of Hennepin and State of .._ ..,, M innesota,..... June 8, 1966 The Village Council met in special session and was called to order by Mayor Philip Cohen at 7 :40 P. M. Roll Call: Mayor Philip Cohen, John Leary, Earl Simons and Howard Heck. Also present were: A. J. Lee, D. G. Poss, T. L. Hadd and James Johnston. Motion by John Leary and seconded by Howard Heck to accept the resignation of Clarence Belisle as Assistant Building Inspector, effective June 17, 1966. Motion carried unanimously. Motion by Howard Heck and seconded by John Leary to accept the recommendation of the Administrator and Deputy Administrator and appoint Mr. Joseph C. Prause, 9927 Hanson Boulevard, Coon Rapids as Assistant Building Inspector effective June 27, 1966, at the salary of $600.00 per month. Motion carried unanimously. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 66 -177 RESOLUTION ACCEPTING QUOTATIONS FOR SANITARY SEWER CONNECTLQNI To WELL HQVSZ 6 The motion for the adoption of the foregoing resolution was duly seconded by member Earl Simons, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Earl Simons, John Leary and Howard Heck, and the following voted against the same: none, whereupon said resolution was duly passed and adopted. Motion by Earl Simons and seconded by John Leary to accept the recommendation of the Director of Public Works and reduce the subdivision bond on Lynn Lee Addition from the current amount of $4,150.00 to the amount of $500.00. Motion carried unanimously. Motion by Howard Heck and seconded by John Leary to approve the Registered Land Survey submitted by Dayton Development Company for the property located north of County Road 10 and east of Xerxes Avenue North and further, to authorize the Mayor and Clerk to sign said Registered Land Survey. Motion carried unanimously. The Council then considered Application No. 66048 submitted by Chrysler Motors Corporation. After due consideration of the Planning Commission's recommendation on Application No. 66048, member John Leary moved and Earl Simons seconded that the Village Council approve the site plan as submitted subject to the following conditions: 1. That the development will conform with the agreement submitted by Chrysler Corporation prior to the subject application regarding the development of this property. 2. No signs are involved in the approval of the site plan. Motion carried unanimously. -1- I 27 Motion by Howard Heck and seconded by john Leary to approve that portion of Application No. 66048 submitted by Chrysler Corporation regarding building plans and approve the working building plans as submitted, provided however, that the issuance of a building permit shall be contingent upon the replatting of the subject parcel into a single tract, and further contingent upon the final building plans being adapted to conform to the Village building code and regulations. Motion carried unanimously. Motion by John Leary and seconded by Earl Simons to approve that portion of Application No. 66048 regarding landscaping of the site and to approve the landscaping plans as submitted, subject to the submission of performance agreements and bonds relative to the landscape improvements, with amount of said bonds to be determined by the Village Engineer. Motion carried unanimously. The Village Council then considered Application No. 66034 submitted by Merlin Heggestad. After due consideration of the Planning Commission's recommendation of the subject application and after calling for comments from interested parties in attendance and from the administrative staff, member Earl Simons moved and member Howard Heck seconded that the Council finds because the property cannot be reasonably adapted to use and conformity with the restrictions of the zoning ordinance, that a hardship exists, and hereby grants a variance from Section 35 -401 to permit the applicant to construct a 16' x 22' garage 3 feet from the north property line at 1906 Brookview Drive, being legally described as Lot 5, Block 6, Ryden's Addition; the specific factors contributing to the hardship being as follows: 1. The dwelling on the parcel was originally constructed In the center of a 75' lot rather than being off -set to one side or the other to permit accepted construction design. 2. A house on the adjoining parcel to the north is con - structed 12 feet from the property line and a double garage already exists on the property, thus establishing a minimum of 15 feet between the structures on the adjoining parcels. 3. Convenient use of the proposed structure would be substantially decreased if the provisions of the zoning ordinance was applied. 4. The sloping contour of the subject parcel would make compliance with the strict provisions of the ordinance difficult. Motion carried unanimously. The Village Council then considered Application No. 66035 submitted by Birchwood Investment Company. After consideration of the Planning Commission's recommendations on said application, the Mayor called for comments from interested parties in attendance and from the administrative staff. Mr. Willard arrived at the meeting at this point, 8 :35 P. M. After due consideration of the Planning Commission's recommendations and comments offered in regard to the application, member Howard Heck moved and member john Leary seconded that Application No. 66035 submitted by Birchwood Investment Company for the issuance of a special use permit to permit double bungalows on Lots 9 thru 15, Block 2, Greenlawn Addition, be denied based upon the following findings of.the Village Council: 1. The subject parcels are surrounded by an R -1 zone and the construction of double bungalows could impair property values and impair the development of the remainder of parcels in the area. -2- 2. There is no need for a buffer or transitional land use in the area due to the predominantly R -1 character of the development. Voting in favor of the motion: Philip Cohen, john Leary, Earl Simons and Howard Heck. Abstaining: Theodore Willard. Motion carried. The Council then considered Application No. 66043 submitted by Mr. Donald Stark. Mr. Stark appeared before the Council and verbally requested that he be permitted to withdraw the application. After consideration of the Planning Commission' mendations Fa4 on Application No. 66043, ,, member John Leary moved and member Howard Heck seconded that the Council finds the issuance of a special use permit for the construction of a double bungalow could substantially impair the property values of the surrounding parcels and developments; the area surrounding the subject parcel is predominantly developed into single family homes; and further, there is no need for a buffer or transitional land use at the specific location, therefore, that the request for the subject special use permit to construct a double bungalow at 5544 Camden Avenue North be denied. Motion carried unanimously. The Council then considered Application No. 66036 submitted by Donald C. Stark. After due consideration of the Planning Commission's recommendations on the subject application, the Mayor then called upon the applicant and interested parties in attendance for their comments. Motion by Theodore Willard and seconded by Howard Heck to close the hearing on Application No. 66036. Motion carried unanimously. Motion by Theodore Willard and seconded by Earl Simons to'instruct the staff to prepare a resolution setting forth the Council's findings in regard to Application No. 660 PP 3 f: submitted by Donald C. Stark and denying the request for a special use permit to allow the construction of a double bungalow on Parcel 5800, Section 36. Motion carried unanimously. Member Theodore Willard and member john Leary left the meeting at 10:25 P. M. The ounci then C l h n considered Application No. 66040 submitted PP by Duane Vettling, The Council considered the Planning Commission's recommen- dations on the subject application and called for comments from interested parties and from the administrative staff. After due consideration of the recommendations and comments offered, member Earl Simons moved and member Howard Heck seconded that the Council find that because the zoning ordinance does not recognize a popular and acceptable type of residential construction - the garage /patio, that a hard- ship does in fact exist, and hereby grants a variance from Section 35- 310(f) to permit the construction of a 24' x 32' garage /patio with an area of 768 square feet, rather than the required 660 square feet of floor area, on the Property located at 7013 Drew Avenue North, legally described as Lot 8, Block 2, Palmer hake Terrace Addition. Motion carried unanimously. '. The Council then considered Application No. 66041 submitted by American Oil Company. After consideration of the Planning Commission's recommendation on the subject application, the applicant, representatives of the applicant and interested parties who were requested to comment. After due consideration of the comments offered, and the recommenda- tions of the Planning Commission, member Howard Heck moved and member Earl Simons seconded that the Council finds that the issuance of a special use permit for a service station at 6900 Humboldt Avenue North: -3- 1. Will not be detrimental to nor endanger the public health, safety, welfare, morals, comfort or general welfare. 2. 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. 3. That the special use will not impede the normal development of the area and that adequate roads and drainage and utilities are available, and that traffic congestion will not result from the granting of the special use; and therefore that the Council grant a special use permit for the subject service station at said location and further that the revised building design and site plan be approved subject to the following conditions and exceptions: 1. That the design of the service station be in accordance with the rendering set forth in the American Oil Company plate No. 65- FA -11F. 2. That a redwood basket -weave fence be provided in accordance with the revision noted on the approved site plan. 3. That the driveways serving the facility be 40 feet from the intersection of the curb lines of the future 69th and Humboldt Avenues North. 4. That the building plans are subject to approval of the Building Inspector, S. That no sign approval is being considered with this application. Motion carried unanimously. The Council then considered Application No. 66042 submitted by I I, Dr. Irving Herman, requesting a special use permit to allow construction of a multiple dwelling in an R -1 zone and a variance from density requirement of the zoning ordinance. After due consideration of the planning Commission's recommendation on the subject application, the Mayor then called for comments from interested parties in attendance and the administrative staff. After due con- sideration of the aforementioned comments, member Earl Simons moved and member Howard Heck seconded that the Council finds that the subject property (Parcel 4011, Section 35) at 6743 Humboldt Avenue North, can be reasonably adopted to use and conformity with the restrictions of the zoning ordinance and therefore no hardship exists; therefore, that the Council deny the variance to Section 35 -401 which would permit 22 multiple dwelling units on the total property rather than the 18 which would be permitted by the ordinance; and further that the Council finds that the standards for the issuance of a special use permit for a multiple dwelling in an R -1 zone have been met, the Council grant said special use permit for the construction of a multiple dwelling at 6743 Humboldt Avenue North conditioned upon com- pliance with the existing zoning and building ordinances. Motion carried unanimously. The Council then considered Application No. 66049 submitted by Dayton Development Company requesting a variance from Section 35 -704 of the Village Ordinances. -4- After considering the recommendation of the Planning Commission on the subject application, the Mayor called for comments from interested parties in attendance, the applicant and the administrative staff. After due consideration of the aforementioned comments and recommen- dations, member Howard Heck moved and member Earl Simons seconded that the Council finds that because the use of the property cannot reasonably be adapted to the restrictions of the zoning ordinance, that a hardship does in fact exist, and hereby grants a variance from Section 35 -704 to permit a parking area to lease -area ratio of 5 car spaces for each 1000 feet of floor area exceeding 300,000 square feet, in regard to the Stage III development plans for the Brookdale Center. Motion carried unanimously. Motion by Earl Simons and seconded by Howard Heck to approve the alterations of the structural plans for Stage III of the Brookdale Center as submitted by Dayton Development Company. Motion carried unanimously. Motion by Howard, Heck and seconded by Earl Simons to adjourn. Motion carried unanimously. The Village Council adjourned at 11:45 P. M. (:!�Uj h Mayor Clerk -5-