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HomeMy WebLinkAbout2000 04-27 PCM i 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 APRIL 27, 2000 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners Stephen Erdmann, Rex Newman, Dianne Reem, Graydon Boeck and John Whitehead were present. Commissioner Sean Rahn arrived at 7:41 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 — MARCH 30, 2000 There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to approve the minutes of the March 30, 2000 meeting as submitted. The motion passed unanimously with Commissioner Boeck abstaining. 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. TOTAL GAS STATION — 2000 -004 Chair Willson introduced Application No. 2000 -004, a request from the U -Haul Company on behalf of the Total Gas Station for a special permit. The special permit requested would allow for the Total Gas Station to rent up to three mid -sized trucks on their premises, 6830 Brooklyn Boulevard. Mr. Warren presented the staff report using overhead transparencies to describe the location of the property and the proposal. (See Planning Commission Information Sheet dated 4/27/00 for Application No. 2000 -004 attached.) Mr. Warren noted one of the major concerns would be the parking availability and the ability for traffic to circulate without problems arising. He mentioned that the truck rental operation was undertaken without the benefit of the Special Use Permit, however those operations have ceased until a permit is obtained. Commissioner Boeck questioned if the sign corrections would take place either way, whether it is approved or not. Mr. Warren explained that those matters do need to be corrected either way, however, requiring this as a condition of approval is a way to seek compliance with the operation. 04 -27 -00 1 Commissioner Boeck questioned the reasoning for the request since the business will not be in existence after August 1, 2000 due to the County acquisition of the property. He also questioned the reason Total Gas Station was not informed earlier than December 8, 1999 when the owner of the property was notified on June 3, 1999. Commissioner Boeck raised concerns if any dollar amounts have been discussed regarding the partner getting paid. Commissioner Boeck questioned if the business plans to relocate and if so will they be able to apply for relocation funds. He also questioned if public money will be spent to relocate this business operation since the letter was issued prior to notification of acquiring the property Mr. Warren explained that the County is acquiring the property through the established procedure and this is an on -going process. Mr. Warren stated he was unsure of what would happen, however whether the Special Permit is granted doesn't effect the relocation process. Commissioner Erdmann questioned that if the permit goes through it would only be a maximum of three months. He mentioned concerns regarding how the size of the trucks will be monitored since there is limited space. Mr. Warren explained that the City would enforce by visual observation, in addition to the location of where the trucks are parked. Chair Willson stated that if the truck rental operation has been going on for sometime and it wasn't noticed, than isn't it possible that the size of the trucks and their parking location be difficult to monitor as well. Commissioner Reem mentioned that she has used that gas station and noticed trucks being parked elsewhere and no vehicle in the designated truck parking spot. She also questioned the amount of space available for turning around with the trucks. Mr. Warren stated that he believed there is enough space available for turning around the trucks. He mentioned that the majority of the business for the gas station is centered around the pumps up front, and therefore the parking should not be a problem. Commissioner Reem mentioned that it is difficult for cars to get in and out of the station, therefore trucks are sure to have a problem. Commissioner Erdmann questioned if the relocation process will carry forward in anyway to a new site. Mr. Warren stated that the relocation process would not necessarily carry forward into a new site. He mentioned that if they desire to relocate the truck rental operation, it would need to come 04 -27 -00 2 before the City, however, if they are moving to an already existing station with an existing truck operation they would not be required to come before the City. Commissioner Whitehead questioned why the city was not informed when the operation began. Mr. Warren stated he is unsure of why the City was not informed. He mentioned that a representative from U -Haul is present and they may be able to answer that question. Mr. Warren explained that the City's main concern is with the compliance of the Special Use Permit and not punishment for their past business errors. If there is to be a punishment than it will need to go before the courts, if that is what the City chooses. In response to a question by Commissioner Rahn, Mr. Warren explained the current signs that Total Gas Station has in place. He mentioned that they are allowed one free standing sign, which also has size regulations that must be followed. PUBLIC HEARING — APPLICATION NO. 2000-004 There was a motion by Commissioner Erdmann, seconded by Commissioner Boeck, to open the public hearing on Application No. 2000 -004, at 8:05 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Gordon Bobbe, representing U -Haul Company, introduced himself and gave a brief explanation for the request of the Special Use Permit. Commissioner Whitehead questioned why the business was not compliant in the beginning, since the business was in operation prior to even requesting a permit. Mr. Bobbe stated that they thought that since they already have a business in a different district that there wouldn't be a conflict. Commissioner Reem questioned the turn around abilities with the trucks, she stated that it seems there is already congestion and this will only add to the problem. Mr. Bobbe explained that the trucks will be fairly small and should have no problems turning around. He mentioned that when trucks are not in the designated parking spot it is because a truck has been returned and the customer has been asked to park along the side. Commissioner Rahn questioned the availability of lighting, and who will be responsible for the lighting if customers are back there returning trucks. Mr. Bobbe stated he is not the owner and doesn't know the availability of lighting. Commissioner Rahn questioned who would be responsible if there is a lack of lighting. 04 -27 -00 3 Mr. Bobbe stated that U -Haul is a self - insured company and would not be liable for any lighting on the premises. Commissioner Whitehead stated that since the person on duty will be responsible for parking the trucks, then who will be responsible for the maintenance of the trucks. Mr. Bobbe stated that there is a check in and check out procedure that takes place and there for it should not be a problem. He mentioned that the amount of business U -Haul will generate would be extremely small. Mr. Bobbe stated that since he is a nearby resident he will be stopping by and checking to make sure things are running smoothly. He explained that the maintenance of vehicles would be done at a different location. Commissioner Whitehead mentioned concerns with the possibility of theft since one person would be doing all of the U -Haul and gas station business tasks. Mr. Bobbe understands Commissioner Whitehead's concerns however doesn't see a problem since it will be a small operation. He explained that the manager will be doing the majority of the U -Haul tasks, these tasks will be handled between the hours of 6:30 a.m. and 2:00 p.m. Commissioner Erdmann questioned the locations of the signs and if there are or will be any U- Haul signs. Mr. Bobbe stated that there are no U -Haul signs and they have no intention and posting any signs either. Commissioner Erdmann questioned if the trucks being dropped off after 2:00 p.m. will sit along the side until the next morning. Mr. Bobbe explained that trucks being returned at night would not be parked until the next morning after 6:30 a.m. No other persons from the public appeared before the Commission during the public hearing on Application No. 2000 -004. CLOSE PUBLIC HEARING There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to close the public hearing on Application 2000 -004 at 8:14 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 -004 — SPECIAL PERMIT FOR TOTAL GAS STATION There was a motion by Commissioner Boeck, seconded by Commissioner Erdmann, to recommend to the Council that it approve Application No. 2000 -004, submitted by Total Gas 04 -27 -00 4 Station (6830 Brooklyn Boulevard) for a Special Use Permit to rent up to three mid -sized trucks subject to the following conditions: 1. The Special Use Permit is granted for a truck rental operation involving no more than three mid -sized trucks at the gasoline service station/convenience food store at 6830 Brooklyn Boulevard. No other uses, other than those approved in conjunction with this and previous Special Use Permits are comprehended by this approval. 2. The Special Use Permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 3. No banners, pennants, streamers, balloons or other attention attracting devices may be used in conjunction with the storage and display of these vehicles on the site other than what is authorized under administrative permits comprehended under the city's zoning ordinance. 4. This Special Use Permit approval does not comprehend any additional signery other than that allowed under Chapter 34 of the city ordinances. 5. The parking of rental trucks shall be confined to the rear of the building in the location designated on the submitted plan. 6. The Total signs on the canopy, which were erected without a permit, shall be removed prior to the issuance of the Special Use Permit for the truck rental and leasing operation. 7. The trash container located on the site shall be completely screened from view using appropriate opaque materials prior to the issuance of the Special Use Permit for the truck rental and leasing operation. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Reem, Rahn and Whitehead. The motion passed unanimously. The Council will consider the recommendation at its May 8, 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 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 8:21 p.m. 04 -27 -00 5 Chair Recorded and transcribed by: Sara Beck Timesaver Off Site Secretarial, Inc. 04 -27 -00 6