HomeMy WebLinkAbout2012-07 PCR Commissioner Kuykendall introduced the following resolution and
moved its adoption
PLANNING COMMISSION RESOLUTION NO. 2012-07
RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2012-005 SUBMITTED BY
BORDER FOODS, INC. FOR THE APPROVAL OF A VARIANCE TO CITY
CODE SECTION 35-703 AND SITE AND BUILDING PLAN APPROVAL OF A
NEW TACO BELL RESTAURANT, LOCATED AT 5532 BROOKLYN
BOULEVARD LANE.
WHEREAS, Planning Commission Application No. 2012-005 submitted by Border
Foods, Inc. proposes a variance to Section. 35-703 of the City Code, specifically to allow the
spacing of three driveways on a single commercial zoned parcel to be closer than the 50-foot
minimum spacing requirements, along with the site and building plans of a new 2,642 sq. ft. Taco
Bell restaurant, located at 5532 Brooklyn Boulevard lane; and
WHEREAS, the Planning Commission held a duly called public hearing on April
12, 2012, whereby a planning staff report was presented and public testimony regarding the
variance and site and building plan were received; and
WHEREAS, in light of all testimony received, and utilizing the guidelines and
standards for evaluating and determining variances under Section 35-240 of the City's Zoning
Ordinance and the Comprehensive Plan, the Planning Commission considered and determined the
appropriateness of said variance based on the following factors:
a) the property owner's request to use the property in a reasonable
manner not permitted by the zoning ordinance is justifiable and
reasonable, considering the overall improvements to this site as a
convenience food restaurant are not drastically changing. The ability
to add three access drives into this site will provide better separation
and allow customer traffic to safely enter and exit this site.
b) the plight of the landowner is due to circumstances unique to the
property not created by the landowner, since the original site was laid
out and approved in 1985 under a different restaurant and created a
conflicting layout for vehicle movements inside the site and those
entering or exiting. Brooklyn Boulevard Lane is also a private road
and serves more as a private/public driveway throughout its history.
C) the variance, if granted, will not alter the essential character of the
locality, due to the fact that other commercial users in this Brooklyn
Boulevard commercial area have similar driveways closer than 50-
PC RESOLUTION NO. 2012-04
feet, and this Brooklyn Boulevard Lane is a private road system.
d) Economic considerations alone did not constitute practical difficulties
in this particular case; and
WHEREAS, in light of all testimony received, and utilizing the guidelines for
evaluating the site and building plans as contained in Section 35-230 of the City's Zoning
Ordinance and the Comprehensive Plan, the Planning Commission considered the site and building
plans for the new 2,542 sq. ft. Taco Bell restaurant, and determined it to be and appropriate and
reasonable redevelopment of this site;
NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission
of the City of Brooklyn Center to recommend to the City Council that Application No. 2012-005
submitted by Border Foods, Inc. is hereby approved, subject the following conditions:
1. The building plans are subject to review and approval by the Building
Official with respect to applicable codes prior to the issuance of permits.
2. Grading, drainage, utility and erosion control plans are subject to review
and approval by the City Engineer prior to the issuance of permits.
I
3. A site performance agreement and supporting financial guarantee in an
amount to be determined based on cost estimates shall be submitted prior
to the issuance of permits to assure the completion of site improvements.
4. Any future roof-top or ground mechanical equipment shall be
appropriately screened from view.
5. The buildin g is to be equipped with an automatic fire extinguishing system
to meet NFPA standards and shall be connected to a central monitoring
device in accordance with Chapter 5 of the City Ordinances.
6. An underground irrigation system shall be installed in all landscaped areas
to facilitate site maintenance.
7. Plan approval is exclusive of all signs, which is subject to Chapter 34 of
the City Ordinances.
8. B-612 curb and gutter shall be provided around all parking and driving
areas.
2 of 3
PC RESOLUTION NO. 2012-04
9. The applicant shall submit an as built survey of the property,
improvements and utility service lines prior to release of the performance
guarantee.
10. All work performed and materials used for construction of utilities shall
conform to the City of Brooklyn Center's current standard specifications
and details.
f
April 12,2012
Date `'Chair
Secretary
The motion for the adoption of the foregoing resolution was duly seconded by member
Burfeind
and upon vote being taken thereon,the following voted in favor thereof:
Chair Rahn, Commissioners Burfeind, Kuykendall and Parks
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
3 of 3