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HomeMy WebLinkAbout2000 03-16 PCP a PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER March 16, 2000 REGULAR SESSION . 1. Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes - January 27, 2000 4. Chairperson's Explanation The Planning Commission is 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. 5. Jay Scheffler and Adolph & Doris Smietana 2000 -002 Request for a Variance to allow a subdivision of land by metes and bounds description. 6. Pan African Social Club 2000 -003 Request for a Special Use Permit to operate a social club at 1910 57th Avenue North (Northbrook Shopping Center) 7. Discussion Items a. 5650 North Lilac Drive - Accessory Building b. Brookdale 8. Other Business 9. Adjounrment • Application Filed on 3 -1 -00 City Council Action Should Be Taken by 4 -30 -00 (60 Days) Planning Commission Information Sheet Application No. 2000 -002 Applicant: Jay Scheffler and Adolph & Doris Smietana Location: 5308 and 5316 East Twin Lake Boulevard Request: Variance (Subdivision by Metes and Bounds) 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. 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 division of lands to be done through a formal plat or registered land survey unless the City Council, by variance, allows otherwise. 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. 3 -16 -00 Page 1 The applicants have submitted a letter with their variance application indicating that Mr. Scheffler wishes to purchase a small piece of land from the Smietanas. They have had an • unrecorded agreement for a number of years for Mr. Scheffler to use a portion of the Smietana property. The Smietanas are planning to sell their home in the near future and Mr. Scheffler is concerned that new owners may not grant him the same use of the property that he experiences now. The letter indicates that the purpose of the conveyance will allow Mr. Scheffler the continued use and enjoyment of this property and will not create a new lot. They indicate that the granting of the variance will relieve the parties of the burdensome time and expense of going through the entire formal platting process. They also note that they believe granting of the variance will not be detrimental to the public welfare or injurious to any other property in the area and note that the Smietana property will still meet city ordinance standards. They also indicate that they are aware that the City has also granted similar variance requests in the past. 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. As pointed out in the applicant's letter, it is their 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. We would concur with the applicant's comments and, in this case, we do 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 site the right of the property owner to 3 -16 -00 • Page 2 • 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 have been allowed provided that: 1. No new 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. In our opinion, the proposed metes and bounds description variance requested by the applicants appears to meet both the variance standards contained in Section 15 -112 of the city ordinances and also the City's policy regarding the division of land by metes and bounds description. A public hearing has been scheduled and notices to surrounding property owners have been sent. RECOMMENDATION Again, it is believed that the standards for variance and the City's policy regarding subdivisions by metes and bounds descriptions have been met in this case. Therefore, approval of this application is recommended noting the above findings and subject to at least 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. • 3 -16 -00 Page 3 ���� .. �. 1111 �■ ......I..� '' - • j �J" �/ - . 111 .. ... �-l�i • . , NINE t ■■ � 0i i ti � � � 1ii111i1■ ���, lob _ �� •� toil ■ milli I 1 11 /t��: ■. 11t��111 j ■� , IM _ wj mm run r - '� � � � 1�►Nl r_- r r �i:..r��� /111 1111D "� ■ 1 _ Ilii�lii��IFill� ■� �� � _ � � �►� lol Mi � t �- � - • � l � _ ,f afrris soafatm, gnz PNOPE6sIONAL LAND suNVEVORs AND LAND DEVELOPMENT CONfuLTANTS (612) 421 -9126 f v 13621 VINEWOOD LANE DAYTON. MN 55327 4v,o l Ilk I � I .r 11 `1. N Nt odv M o �S V i h � 9 Z - 3 7 N �•Re h i� �•��so pry \ as•s 1 8a• 5 3 1 w Y el AIWA /"It 4 yr '•�• [./ in spa Zo •o h i rlve \ i � � 6•a � �I � � � �• 1 1 i S " f r 16'9` zz' 44- r 4 9L3t March 1, 2000 • Planning Commission City of Brooklyn Center We the undersigned, are requesting a variance from the subdivision ordinance requirement to allow a metes and bounds description for purposes of conveyance. Jay Scheffler wishes to purchase a small piece of land from Adolph and Doris Smietana. Through agreement with Mr. & Mrs. Smietana, Mr. Scheffler has been using this property for several years. The Smietana's are planning to sell their home in the near future and Mr. Scheffler is concerned that the new owners may not grant him the same use. The sole purpose of this conveyance will be to allow Mr. Scheffler the continued use and enjoyment of his property and not to create a new lot. The granting of this variance will relieve the parties of the burdensome time and expense of going through the entire platting process. We do not believe that the granting of this variance will be detrimental to the public welfare or injurious to any other property in the area as the Smietana's lot will still meet the city's standards. Since the city has granted approval from the subdivision ordinance requirement in the past we are hopeful this variance request will also be • approved. Thank you for your consideration on this matter. Respectfully, Scheffler AdoP14Smietana Doris Smietana • March 1, 2000 • We, Adolph and Doris Smietana authorize Jay Scheffler to speak on our behalf before the Planning Commission and City Council regarding variance from subdivision requirement to allow a metes and bounds division of our properties. Adolph Smietana ll Doris Smietana. • i • I! 15 -112 Section 15 -112 VARIANCES. 40 The council may authorize a variance from these regulations when in its opinion, undue hardship may result from strict compliance. In granting any variance the council will prescribe only conditions that it deems necessary to or desirable for the public interest. In making its findings as required herein below, the council will take into account 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 effect of the proposed subdivision upon traffic conditions in the vicinity. To grant a variance, the council will find: 1. That there are special circumstances or conditions affecting said property such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of his 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. b. Application for any such variance will be made in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the council, stating fully and clearly all facts relied upon by the petitioner, and will be supplemented with maps, plans, or other additional data which may aid the • council in the analysis of the proposed project. The plans for such development will include such , covenants, restrictions, or other legal provisions necessary to guarantee the full achievement of the plan. Section 15 -112 • Revised 2 -95 PC FORM NO. 20 (493) Application Filed on 3 -2 -00 City Council Action Should Be Taken by 5 -1 -00 (60 days) Planning Commission Information Sheet Application No. 2000 -003 Applicant: Pan African Social Club Location: 1910 57th Avenue North (Northbrook Shopping Center) Request: Special Use Permit The applicant, Mr. H. Kwaku Addy on behalf of the Pan African Social Club, is seeking 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). 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). The applicant has submitted a letter (copy attached) 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 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." We believe the zoning classification of "club and lodges" fits the proposed uses. To some extent the use is an educational use, however, counseling and advice giving will be the actual • 3 -16 -00 Page 1 i 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 applicants 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 centers 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 (copy attached). 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. We believe the standards for special use permits can be met given the information provided. It is also believed that the services offered can be considered a value to the community. A public hearing has been scheduled with respect to this special use permit application and notices have been sent to surrounding property owners. 3 -16 -00 • Page 2 1 RECOMMENDATION • All in all we believe the application is in order and would recommend approval subject to the following conditions: 1. The Pan African Social Club is considered to be a 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. • 3 -16 -00 . Page 3 it low on a RE.C. __ _ _ __ _ • M _ A IM .lm � _ M ' • • • • �_ _� __ _ _� T A c■ r.■ �-illP,■_ __ _■■ __ ■ ■■ oft -A _ NEW MW ■ omm' jr7 n or IVUL MM MM MM MM MW EF M A MW MIN 0 W 2101 RM MEN w M_ __ __ oil ■ ' ' 1. ��i :■ ■ ���� MW Elm Elm 1111111111 r. i� ■1 iii i■ E ■■ ���_ 11� 11111111111 � �_� _� �_ ■ � -- - - - - - - - �_ _ �� �,� �� From: H. Kwaku Addy (H2N41 6102 q6% Cell 03-01-00 • Pan African Social Club P. 0. Box 29482 Brooklyn Center, MN. 55249 To: Mr. Ronald A. Warren Planning and Zoning Specialist City of Brooklyn Center 6301 Shingle Creek Pkwy. Brooklyn Center, MN. 55430 -2199 Subject: Zoning Permit Dear Mr. Warren, Due to the large number of Africans living in the Brooklyn Center area, we have organized ourselves into a non - profit organization to help one another understand the cultural differences between Africans and Americans; especially in the twin cities areas. This organization is to educate Africans and help contribute to the American society. We will help Africans become self sufficient and understand the laws governing the state of Minnesota. In order to reach our goals and make our dream a reality, we have decided to obtain a property to run a "social club" were Africans can gather to educate one another and socialize. The property we located is at the North Brook Plaza in Brooklyn Center, Minnesota. The property is 3300 square feet. We intent to have an office space, approximately 10'X13'; two class rooms, approximately 15'X15' and the rest of the area as a dinner hall. The office space will be used for counseling and other office work. The class rooms will be used for after school programs. The dinner hall area will be used for graduation programs, reunions, wedding receptions, dinners, and banquet. This facility will be a member -only facility. It will not be open to the general public. Please grant us the permission to use this property. It is easily assessable to our members. Si , CI _ MAR- 3 -00 FRI 17 :14 RED WING PLANT FAX N0. 6513855600 P.01 . From. H. Kwaku Addy Pan African Social Club P. O. Box 29482 Minneapolis, MN. 55429 To: Mr. Ronald A. Warren City of Brooklyn Center Zoning Department Brooklyn Center, Minnesota 55430 Date: March 3, 2000 Subject: Special Use Permit Below listed is the answer to Standards for Special Use Permits: A. Pan African Social Club will not be detrimental to or endanger the public health, safety, y, al or comfort of the general public because we will follow the rules and regulations ovemin the City of Brooklyn n Center. 9 9 y y We will have a mature staff that • respects the law and conduct business within the frame work of the law. B. The special use permit will not be injurious to the use and enjoyment of other property because we will operate within our boundary. We will certainly not diminish and impair property values within the neighborhood because we will promote good values, educate our community, therefore uplifting the spirit and values of the community. We will help build the community; not destroy it. C. We will be committed to use the property professionally. We will not impede the normal and orderly development of surrounding property. We will improve the area by bring more businesses to the community, doing community training, etc. D. Our culture has taught us to conduct ourselves in a manner that is accepted by all societies. We will respect the laws and other businesses in the area. We hope to bring development in the area by upholding the high standards it already posses. E. We will conform to the applicable regulations of the district in which we are located. • Signed: H, Kwaku Addy Section 35 -220 2. Standards for Special Use Permits • A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met: a. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. b. The special use 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. C. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. d. Adequate measures have been nor will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 3. Conditions and Restriction The Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with requirements specified in this ordinance. In all cases in which special use permits are granted, the City Council may require such evidence and guarantees as it may deem necessary as part of the conditions stipulated in connection therewith. 4. Resubmission No application for a special use permit which has been denied by the City Council shall be resubmitted for a period of twelve (12) months from the date of the fmal determination by the City Council; except that the applicant may set forth in writing newly discovered evidence of change of condition upon which he relies to gain the consent of the City Council for resubmission at an earlier time. 5. Revocation and Extension of Special Use Permits VY•hen a special use permit has been issued pursuant to the provisions of this ordinance, such permit shall expire without further action by the Planning Commission or the City Council unless the applicant or his assignee or successor commences work upon the subject property within one year of the date the special use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use Permit" application requesting such extension and paying an additional fee in an amount as set forth by the City Council resolution. Special use permits granted pursuant tc the provisions of a prior ordinance of Brooklyn Center shall expire within one year of the effective date of this ordinance if construction upon the subject property pursuant to such special use permit has not commenced within that time. • In any instance where an existing and established special use is abandoned for a period of one year, the special use permit related thereto shall expire one year following the date of abandonment.