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HomeMy WebLinkAbout2012-063 CCR Member Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2012-63 RESOLUTION REGARDING THE 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 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 a 12-ft. reduction from the 50-ft. minimum spacing requirement between two separate access driveways on a single commercial zoned parcel, 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- feet, and this Brooklyn Boulevard Lane is a private road system. RESOLUTION NO. 2012-63 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 an appropriate and reasonable redevelopment of this site; and WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center recommended to the City Council that Application No. 2012-005 submitted by Border Foods, Inc. may be approved, subject to the certain conditions noted under Planning Commission Resolution No. 2012-007,which are memorized the same herein this resolution of approval;and WHEREAS, on April 23, 2012, the City Council received the favorable recommendations of this planning item from the Planning Advisory Commission, including the favorable findings of the variance; and reviewed the planning report and analysis regarding this item, and has considered and addressed the comments received from interested parties. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Brooklyn Center, that Planning Commission Application No. 2012-005 submitted by Border Foods, Inc., which proposes a variance to Section 35-703 of the City Code, specifically to allow a 12-ft. reduction from the 50-ft. minimum spacing requirement between two separate access driveways on a single commercial zoned parcel, along with the site and building plans of a new 2,642 sq. ft. Taco Bell restaurant, located at 5532 Brooklyn Boulevard Lane, is hereby approved based on the findings noted herein, and which approval includes 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. 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. RESOLUTION NO. 2012-63 5. The building 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. 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. April 23, 2012 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Dan Ryan and upon vote being taken thereon,the following voted in favor thereof: Tim Willson, Carol Kleven, May Lasman, Lin Myszkowski, and ban Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.