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HomeMy WebLinkAbout1995 08-17 PCM 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 AUGUST 17, 1995 CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairperson Willson at 7:35 p.m. ROLL CALL Chairperson Tim Willson, Commissioners Donald Booth, Mark Holmes, Graydon Boeck, and Kathryn Palm. Also present were the Secretary to the Planning Commission Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Ruth McLaurin. Commissioners Robert Mickelson and Dianne Reem were excused from the meeting. APPROVAL OF MINUTES - JUNE 19. 1995 There was a motion by Commissioner Boeck and seconded by Commissioner Booth to approve the minutes of the June 19, 1995 Planning Commission meeting as submitted. The motion passed. Commissioners Holmes and Reem abstained because they were not at that meeting. CHAIRPERSON'S EXPLANATION Chairperson Willson explained 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. APPLICATION NO. 95011 Chairperson Willson introduced the first item of business, a request from Robert L. and Marlene Overpeck for Preliminary Plat approval to subdivide into two lots the parcel of land addressed as 5500 Emerson Avenue North. The Secretary presented the staff report, used overhead transparencies to show the location and detail (see Planning Commission Information Sheet for Application No. 95011, attached). 8-17-95 1 The Secretary requested to present the staff report for Application 95012, since the applicant is the same. APPLICATION NO. 95012 Chairperson Willson introduced the next item of business, a request from Robert L. and Marlene Overpeck for a variance form Section 35-400 of the Zoning Ordinance and Section 15-106g of the Subdivision Ordinance to create a corner lot in the R-1 zoning district less than 90 feet in width. The Secretary presented the staff report, used overhead transparencies to show the location and detail (see Planning Commission Information Sheet for Application No. 95012, attached). Chairperson Willson, noting the area where any structure might go on the newly formed lot, inquired if there would be a possibility that the shrubs would be removed during development. The Secretary noted this would be a strong possibility. Chairperson Willson, in reference to the staff report and previous Planning Commission meeting minutes, noted the Harron Methodist Church would need to provide screening as per condition in the original Special Use Permit. The Secretary indicated that would be correct, the Church had agreed to screen should the shrubs ever be removed or die out. Chairperson Willson suggested an additional condition to the approval of this application, could be notification to the Church of the potential removal of the shrubs, therefore, requiring the implementation of the condition of their Special Use Permit. Commissioner Boeck questioned if the formula of setback averaging is still used. The Secretary indicated this formula is no longer used, the fact that the house on the other lot is set up further would not effect the setback requirements of the corner lot. PUBLIC HEARING (APPLICATION NO 95011 and 95012) Chairperson Willson asked for a motion to open the public hearing on both requests for Applications 95011 and 95012 at 8:12 p.m. There was a motion by Commissioner Boeck and seconded by Commissioner Holmes to open the public hearing. The motion passed unanimously. Chairperson Willson asked if there was anyone present who wished to address the Commission. Mr. Ed Holloway, 5501 Emerson, inquired as to the zoning of this property, his concern was for the building of a double bungalow or a storage garage. The Secretary indicated the zoning is R-1 Single Family Residential, although this would not prohibit rental of the home to another single family. 8-17-95 2 Ms. Melanie Strandmark, 5511 Dupont, indicated her property also borders the parking lot of the church. Ms. Strandmark expressed concern that there is not adequate screening provided by the Church along the edge of the parking lot bordering her property. Ms. Strandmark feels the trees there do not properly screen the parking lot. The Secretary pointed out the trees are for screening purposes, not security purposes. Ms. Strandmark indicated she had approached the City in regard to fencing instead of the trees and was told the shrubs were screening established as adequate,because the trees were planted by the Church for screening purposes. Ms. Strandmark indicated there is some conflict as to the true location of the shrubs, whether it is on the Church's property or hers. The Secretary explained if the City has made a determination the trees are appropriate or adequate as screening, it would not be appropriate to the change their mind, unless the current screening is not serving its function. Ms. Strandmark indicated she felt the trees were not adequate, and are collecting debris, not screening. The Secretary noted as he recalled the Church did plant screening on the north side,but the issue would change if the trees were on the resident's property. Ms. Bernice Carmeron, 5527 Dupont, inquired as to the name change of the addition. The Secretary explained the reason for the name as Overpeck addition is in regard to the plat, every time a plat is registered, it is necessary to give it a name that has not been used before. The Secretary pointed out, this would not effect any of the surrounding lots, they would still remain the same. Chairperson Willson asked the applicant if there were any agreements between the Church and himself in regard easements. Mr. Robert Overpeck indicated there were no agreement to his knowledge, he purchased the property in February of this year. Commissioner Boeck inquired if the property owner would pay assessments for water hook up to the newly formed lot. The Secretary believed the assessments have already been paid, but would investigate and this information would also become available through the platting process. The Secretary asked the applicant if the current home is being rented out. Mr. Overpeck indicated yes it was being rented until early September. The Secretary pointed out Brooklyn Center does require a rental license. Chairperson Willson called for any more questions for the applicant or for anyone else to speak at the public hearing. 8-17-95 3 CLOSE PUBLIC HEARING There was a motion by Commissioner Holmes and seconded by Commissioner Booth to close the public hearing at 8:28 p.m. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO APPLICATION 95012 There was a motion by Commissioner Boeck and seconded by Commissioner Booth to recommend approval of Application No. 95012 submitted by Robert L. and Marlene A. Overpeck for a variance from Section 35-400 and Section 15-106g of the City Ordinances to create a corner lot in the R-1 District less than 90 feet on the grounds that the Standard for Variance contained in the Zoning and Subdivision Ordinances are met as well as the long-standing City policy for granting minor lot variances. Voting in favor: Chairperson Willson, Commissioners Booth, Palm, Boeck, and Holmes. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. APPLICATION 95011 There was a motion by Commissioner Booth and seconded by Commissioner Boeck to recommend approval of Application No. 95011 submitted by Robert L. and Marlene A. Overpeck subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the final provisions of Chapter 15 of the City Ordinances. Voting in favor: Chairperson Willson, Commissioners Booth, Palm, Boeck, and Holmes. The motion passed unanimously. The Secretary noted that both applications will be referred to the City Council at the August 28, 1995 meeting. The applicant is required to be present at the City Council meeting. If any changes or modifications are made to the plans prior to City Council consideration, they must be brought back before the Planning Commission for review. OTHER BUSINESS Chairperson Willson directed staff to notify the Church of the potential development on the northeast corner of 55th and Emerson Avenues by way of letter. He noted the letter could notify the Church that Preliminary Plat process has begun and the fact that the shrubs may in the future be removed, therefore requiring the Church to screen its parking lot from the property. The Secretary indicated he would notify the Church and will remind them of Condition number eight of their Special Use Permit. 8-17-95 4 Commissioner Palm noted that the condition in the Special Use Permits notes if the screening fails it should be replaced. She inquired what does the City do if the screening dies off or is no longer screening. Chairperson Willson indicated the Planning Commission itself does not act on this,but the City's Code Compliance Officer would receive a complaint and then investigate and enforce any conditions subject to the Special Use Permit. The Secretary noted the next meeting is August 31, 1995, but at this time there is no applications to address. He indicated he would notify the Commission should this meeting be canceled. ADJOURNMENT There was a motion by Commissioner Holmes and seconded by Commissioner Booth to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:45 p.m. Chairperson Recorded and transcribed by Ruth McLaurin TimeSaver Off Site Secretarial 8-17-95 5