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HomeMy WebLinkAbout2000 03-16 PCM Amended 4 -4 -00 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 16, 2000 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:32 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Rex Newman, Sean Rahn, and Dianne Reem. Commissioner John Whitehead arrived at 7:50 p.m. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Sara Beck. APPROVAL OF MINUTES - JANUARY 27, 2000 There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to approve the minutes of the January 27, 2000 meeting as submitted. The motion passed. Commissioner Rahn abstained, as he was not at that meeting. CHAIR'S EXPLANATION Chair Willson explained the Planning Commission's 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 2000 -002 - JAY SCHEFFLER AND ADOLPH & DORIS SMIETANA Chair Willson introduced Application No. 2000 -002 and advised the applicants, Jay Scheffler (5308 East Twin Lake Boulevard) and Adolph and Doris Smietana (5316 East Twin Lake Boulevard), are requesting a variance to allow a subdivision of land by metes and bounds description rather than by a formal plat. The purpose of the division is to relocate the common property line between the two properties. Mr. Warren presented the staff report using overhead transparencies to describe the location of the property. (See Planning Commission Information Sheet dated 03 -16 -00 for Application No. 2000- 002, attached.) He noted the properties in question are 5308 East Twin Lake Boulevard (Lot 10, Malcolm's Lakeview Addition) owned by Mr. Scheffler and 5316 East Twin Lake Boulevard (Lot 11, Malcolm's Lakeview Addition) owned by the Smietanas. They are zoned R -1 and are located on the east side of East Twin Lake Boulevard, just northerly of 53rd Avenue and are surrounded by other single - family residential properties. The intention is to divide off a triangular portion along the south side of the Smietana property, using a metes and bounds description, so that it can be conveyed and combined with the Scheffler property. Section 15 -104 of the city ordinances requires 03 -16 -00 1 division of lands to be done through a formal plat or registered land survey unless the City Council, by variance, allows otherwise. Mr. Warren advised that the applicants have submitted a survey of the two properties showing the triangular shaped parcel to be conveyed. It is 14.5 ft. wide along the East Twin Lake Boulevard right of way and would be approximately 596 sq. ft. in area. The division would make the south property line of the Smietana property (north property line of the Scheffler property) 82.24 ft. deep. The survey shows that the division would not create any setback encroachments nor would it create any lot deficiencies if approved. The loss of 596 sq. ft. from 5316 East Twin Lake Boulevard would leave it with a new lot area of 9,507 sq. ft. Minimum lot requirements in the R -1 zone for interior lots are 75 ft. in width and 9,500 sq. ft. in area. Currently, 5308 East Twin Lake Boulevard is deficient in area and, according to the information provided; the additional land would make it approximately 9,507 sq. ft. in area also. The transfer would make it a "conforming" lot. Both lots are deficient in minimum lot depth of 110 ft. 5308 East Twin Lake Boulevard has a lot depth of 102.2 ft. at the south property line and would be 82.24 ft. at the new northerly property line while 5316 East Twin Lake Boulevard has a lot depth of 80.36 ft. at the north property line. Mr. Warren explained that under the City's Subdivision Ordinance, divisions of land are to be performed by a plat or registered land survey unless the City Council, by variance, allows otherwise. Section 15 -112 of the Subdivision Ordinance authorizes the Council to grant variances from their regulations, when in their opinion, undue hardship may result from strict compliance. In making its findings, the City Council must take into consideration 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 affect of the proposed subdivision upon traffic conditions in the vicinity. To grant a variance, the City Council must find: 1. That there are special circumstances or conditions affecting said property such that strict application of the provisions of the ordinance would deprive the applicant of the reasonable use of his /her 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. Mr. Warren noted that it is the applicant's contention that to require the formal platting process for this division is overly expensive, burdensome and unnecessary in that no new legal lots are being created with the division of land and that their is substantial precedent for granting similar variances. Mr. Warren stated staff concurs with the applicant's comments and, in this case, believe the standards for variance can be met. Also, there is much precedent for the granting of metes and bounds division variances in cases such as this. Such variances were quite common prior to 1978. Since that time, at least six such divisions have been approved through the variance process by the City Council. The variances that have been granted typically cite the right of the property owner to divide his/her property and the hardship of bearing full platting costs to divide the property by plat. Also, the division of land by metes and bounds has been allowed provided that: 1. No new 03 -16 -00 2 buildable lots were created; 2. The underlying land is platted property; and 3. No lot or setback variances were implied and that all lot area requirements can be met. A public hearing on this application, properly noticed, is scheduled at this meeting. Mr. Warren recommended approval of Application No. 2000 -002, subject to additional conditions 1 -2 outlined in the staff report. Chair Willson called for questions /discussion from the Commissioners. Commissioner Erdmann questioned that since both lots are non - conforming in depth, would they both be buildable if a fire were to occur. Mr. Warren explained that the zoning ordinance considers substandard legal lots of record created before June, 1976 to be buildable lots provided they are at least 40 feet in width and 5,000 sq. ft. in area. Commissioner Newman questioned as to when the Smietana's driveway originated, and if it meets the city specifications since it is so close to the adjacent property. Mr. Warren explained that there are no city specifications regarding how close a driveway can be to an interior property line. PUBLIC HEARING - APPLICATION NO. 2000 -002 There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to open the public hearing on Application No. 2000 -002, at 7:48 p.m.. The motion passed unanimously. Chair Willson called for comments from the public. Jay Scheffler, 5308 East Twin Lake Boulevard, explained that the driveway has been in existence since the home was built, he also stated that he bought the home in 1980. No other persons from the public appeared before the Commission during the public hearing on Application No. 2000 -002. Commissioner Whitehead arrived at 7:50 p.m. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to close the public hearing on Application 2000 -002 at 7:50 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. 2000-002 - JAY SCHEFFLER AND ADOLPH & DORIS SMIETANA 03 -16 -00 3 There was a motion by Commissioner Boeck, seconded by Commissioner Rahn, to recommend to the Council that it approve Application No. 2000 -002, submitted by Jay Scheffler (5308 East Twin Lake Boulevard) and Adolph and Doris Smietana (5316 East Twin Lake Boulevard), for a variance to allow a subdivision of land by metes and bounds description rather than by a formal plat with the contingence that the standards for a variance and the policy for a metes and bounds description are met. The approval is also subject to the following conditions: 1. The legal descriptions and survey showing the division of Lot 11, Malcolm's Lakeview Addition shall be filed with Hennepin County. 2. Once new legal descriptions have been established, the City Assessor is authorized to allow the combination to Lot 10, Malcolm's Lakeview Addition for tax purposes. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Rahn, Reem and Whitehead. The motion passed unanimously. The Council will consider the recommendation at its March 27, 2000 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. APPLICATION NO. 2000 -003 - PAN AFRICAN SOCIAL CLUB Chair Willson introduced Application No. 2000 -003 submitted by Mr. H. Kwaku Addy on behalf of the Pan African Social Club, which is a request for a special use permit to operate a "social club" in a 3,300 sq. ft. tenant space in the most easterly building at the Northbrook Shopping Center (1910 57th Avenue North). Mr. Warren presented the staff report using overhead transparencies to describe the location of the property. (See Planning Commission Information Sheet dated 03 -16 -00 for Application No. 2000- 003, attached.) He advised the shopping center property is zoned C2 (commerce) and is bounded on the east by Logan Avenue North; on the southeast by Acme Typewriter; on the south by 57th Avenue North and the Bill West Service Station; and on the northwest by TH100. This proposed social club, as it has been described in this application, is considered to be a special use under the use category of "club rooms and lodges" (section 35 -322, subdivision 3j). Mr. Warren reviewed the letter form the applicant describing the proposed Pan African Social Club, which is a non - profit organization, established to provide services to African immigrants in this area that will assist in the understanding of cultural differences between Africans and Americans. The letter notes that the organization is to educate Africans and help them become self - sufficient and understand the laws governing the State of Minnesota. The social club will provide a place where Africans can gather to educate one another and also socialize. The 3,300 sq. ft. would be divided into a 10 ft. x 13 ft. office space and two 15 ft. x 15 ft. classroom areas. The balance of the space would be what is described as a dinner hall, which would be used for graduation programs, reunions, wedding receptions as well as dinners and banquets. The facility will be a members only facility, not open to the general public. It has been explained that a member of the organization has a food - catering license and the serving of food will be handled through that license. The group is also seeking a "club" license to sell and 03 -16 -00 4 serve beer and wine on the premises and will have to qualify under Chapter 11 of the City Ordinances. The term "club" is defined in the liquor ordinance as "any incorporated organization organized under the laws of the state for civic, fraternal, social or business purposes or for intellectual improvement or for the promotion of sports or a congressionally chartered veterans organization." Mr. Warren stated that staff believes the zoning classification of "club rooms and lodges" fits the proposed uses. To some extent the use is an educational use, however, counseling and advice giving will be the actual services provided. The social room would fit the category of eating and drinking establishments. All of these uses are allowed in the C2 zoning district. Part of the Planning Commission recommendation should include a recommended finding that the applicant's use meets the zoning classification for "club rooms and lodges ". The banquet /reception hall will require more parking than the typical retail parking formula. The Northbrook Shopping Center has surplus parking beyond the minimum required for a retail center. Furthermore, the ordinance allows up to 15% of a retail shopping center's gross floor area to be used for eating and drinking establishments without the need for additional parking. The Chuck Wagon Inn and Subway are located in the center but do not exceed 15% of the gross floor area. Therefore, no additional parking is necessary. As a special use, the proposal is required to meet the standards for special use permits contained in section 35 -220, subdivision 2 of the zoning ordinance. The standards require that the proposed special use 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 and 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 applicable regulations of the district in which it is located. Mr. Addy has also submitted in writing how they believe their application meets the standards for special use permits. He notes that their organization will follow the rules and regulations governing the City of Brooklyn Center and they will have a mature staff that respects the law and conducts business within the framework of the law. They believe they will not diminish and impair property values within the neighborhood because they will promote good values, educate their community, therefore, uplifting the spirit and values of the community. He notes that they will help build the community, not destroy it. He indicates that they are committed to use the property professionally and will improve the area by bringing more businesses to the community, doing their community training, etc. He further notes that their culture has taught them to conduct themselves in a manner that is accepted by all societies. They will respect the laws and other businesses in the area and hope to bring development in the area by upholding the high standards it already possesses. They also note they will conform to the applicable regulations of the district in which they are located. Mr. Warren recommended approval of Application No. 2000 -003, subject to additional conditions 1 -6 outlined in the staff report. A public hearing on this application, properly noticed, is scheduled at this meeting. Chair Willson called for questions /discussion from the Commissioners. 03 -16 -00 5 Commissioner Newman questioned as to how much available space is in the Northbrook Shopping Center currently, and if there is room for expansion if the Pan African Social Club so desires. Mr. Warren stated that there is space available in the shopping center, and therefore there would be room for expansion if the club chooses. Commissioner Boeck questioned a statement in the staff report which read as follows: Part of the Planning Commission recommendation should include a recommended finding that the applicants use meets the zoning classification for "club rooms and lodges ". He questioned if this statement pertained to item #1 in the proposed motion. Mr. Warren clarified that the statement Commissioner Boeck read does in fact pertain to item #1 in the proposed motion. Commissioner Rahn questioned if there are other properties or businesses in the area that require members only. Mr. Warren explained that other properties or businesses such as churches, health clubs, and legions may require members only. Commissioner Reem questioned the large available space and what purpose it will serve. She mentioned that tenant space is 3300 square feet which will be divided into a 10' x 13' office space, two 15' x 15' classrooms, and the remaining space will serve as a dining hall. She questioned if the dining hall will be open to the general public since it is such a large space. Mr. Warren was unsure as to whether or not the dining hall would be open to the general public. However, he did state that alcoholic beverages will be served at club meetings and the food license will be needed for club gatherings. Mr. Warren explained that the type of liquor license being requested is different than what a restaurant would require, and therefore that is why they are seeking a club license. Commissioner Reem questioned as to how often the events will occur, and what constitutes a membership. Mr. Warren clarified the purpose for the social club and how they plan to service the community, and as such fits the classification of club or lodge. Commissioner Boeck questioned what events and activities the Pan African Social Club will offer where a social club permit would be necessary. Mr. Warren stated the use would be much like that of an American Legion, VFW, or fraternal group and would require a membership to be involved in the club's activities. Chair Willson questioned if the state will require the same guidelines and regulations as they would for any restaurant requesting a license. 03 -16 -00 6 Mr. Warren stated that Hennepin County would be doing the food licensing and explained they do have certain guidelines and regulations they will be required to follow. Commissioner Reem questioned what the hours of the club will be for weekdays and weekends. Mr. Warren stated he was unsure of the exact hours, however believes that since they are requesting a liquor license they will need to follow state regulations regarding hours. Commissioner Rahn questioned as to how many establishments in the Northbrook Shopping Center already hold a liquor license. Mr. Warren stated the Chuck Wagon Inn is a restaurant that has a beer and wine license. PUBLIC HEARING - APPLICATION NO. 2000-003 There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to open the public hearing on Application No. 2000 -003, at 8:19 p.m.. The motion passed unanimously. Chair Willson called for comments from the public. Henry Kwaku Addy, 11356 Rosemill Lane, stated that the Pan African Social Club is a professional group and has more than 500 members. Commissioner Boeck questioned as to what purpose they will have for the large amount of excess space available in the dining area. Mr. Addy explained that they are unsure as to how many members will become involved in the social club, however they hope to educate as many members as possible about American culture. Commissioner Boeck questioned if there will be a professional staff employed with the social club, and will the club allow non - members of the professional group to become members. Mr. Addy stated that in order to become a member of the social club, it will be necessary to be a member of the professional group first. Commissioner Whitehead questioned if guests will be welcome at the club. Mr. Addy stated that for special events such as weddings, reunions, and graduation programs guests will be welcome if accompanied by a member. Commissioner Whitehead questioned if liquor will be available to guests at events such as weddings, reunions, and graduations. Mr. Addy explained that liquor will be available to guests, however the member of the accompanied guest will need to purchase the beverage for the guest. Commissioner Reem questioned Mr. Addy on what the hours will be for the social club. 03 -16 -00 7 Mr. Addy stated that the staff or employees of the club will be available from 8:00 a.m. to 5:00 p.m. weekdays, and the entertainment portion of the club will follow state regulations for hours. Commissioner Reem questioned the applicant as to what constitutes a member of the Pan African Social Club. that the Mr. Addy explained that a member must be of Pan African decent. He further mentioned y counsel and educate members on American language and culture, since many of them have come to America and are unsure on how to communicate with Americans. Commissioner Newman questioned if the club membership would include many different countries in Africa. Mr. Addy stated that the club would include members from many countries throughout Africa. He explained that one objective of the club is to educate young children about their own nationality as well. Commissioner Rahn questioned if this club is to be a regional site and/or will there be other locations throughout the Twin Cities and surrounding areas. Mr. Addy stated that since this is the beginning they are unsure as to how successful the club will be, however if it is a success they hope to grow and serve an even larger community. Commissioner Whitehead questioned if there is an age requirement in order to be eligible for membership, and will school buses be using the club as a drop -off site for young children. Mr. Addy explained that at this time the club will not be a drop off site for children, the only time children will be present is if the parents /guardian bring their child to the club. Commissioner Reem questioned if the liquor license were not granted to the social club would they continue to pursue the request for a social club. Mr. Addy stated that the liquor sales will be a small portion of the clubs services, and therefore they would continue to operate the other aspects of the social club if they did not receive the license to have liquor. No other persons from the public appeared before the Commission during the public hearing on Application No. 2000 -003. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to close the public hearing on Application 2000 -003 at 8:36 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. 03 -16 -00 8 ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2000 -003 - PAN AFRICAN SOCIAL CLUB There was a motion by Commissioner Boeck, seconded by Commissioner Rahn, to recommend to the Council that it approve Application No. 2000 -003, submitted by Mr. H. Kwaku Addy on behalf of the Pan African Social Club, for a special use permit to operate a "social club" in a 3,300 sq. ft. tenant space in the most easterly building at the Northbrook Shopping Center (1910 57th Avenue North), subject to the following conditions: 1. The Pan African Social Club as presented herein meets the use classification of "club rooms and lodges" under section 35 -322, subdivision 3j of the City's Zoning Ordinance. 2. The special use permit is granted for a social club providing educational, counseling and advisory services as well as social services such as facilities for dining, programs, reunions, wedding receptions, banquets and the like on a members only basis. The facility is not open to the general public. 3. Building plans for tenant remodeling and occupancy of this space are subject to the approval of the Building Official prior to the issuance of permits. 4. The serving of food is subject to health department regulations and licensure. 5. The serving of alcoholic beverages may be done only following the granting of an appropriate license by the City of Brooklyn Center. 6. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Rahn, and Whitehead. Voting against: Commissioner Reem. The motion passed. The Council will consider the recommendation at its March 27, 2000 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. OTHER BUSINESS A. 5650 North Lilac Drive - Accessory Building Mr. Warren advised the Planning Commission of the Accessory Building at 5650 North Lilac Drive. He mentioned that the city staff authorized the issue of a permit for the building without having to go through the site and building plan process. The reason for this being that the building is only 60 square feet, which is an extremely small building. Mr. Warren wanted to bring the request to the Planning Commission's attention so they were aware of the permit request. B. Brookdale 03 -16 -00 9 Mr. Warren advised of the modification to the Brookdale Mall construction plans. He stated that the 2nd story addition will not be added and therefore there will not be a theater on the 2d floor. Mr. Warren questioned the Planning Commission if it is necessary for the change to come back to the Planning Commission Board for revisions or could it be handled administratively. Chair Willson thanked Mr. Warren for bringing the modification to his attention, but stated he did not believe it would be necessary for the Planning Commission Board to get involved. ACTION TO RECOMMEND APPROVAL OF THE BROOKDALE MALL CONSTRUCTION MODIFICATIONS There was a motion by Commissioner Boeck, seconded by Commissioner Whitehead, to recommend approval of the modifications at the Brookdale Mall with omitting the 2 story addition without a formal amendment to the Planned Unit Development. The motion passed unanimously. Commissioner Boeck will be absent at March 30, 2000 Planning Commission meeting and will be excused. There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Erdmann, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:50 p.m. Chair Recorded and transcribed by: Sara Beck TimeSaver Off Site Secretarial, Inc. 03 -16 -00 10