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HomeMy WebLinkAbout1996 07-11 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 MEETING JULY 11, 1996 CALL TO ORDER The Planning Commission met in regular session and was called to order by Chair Willson at 7:32 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Robert Mickelson, and Dianne Reem were present. Also present were Secretary to the Planning Commission Planning and Zoning Specialist Ronald Warren and Planning Commission Recording Secretary Arlene Bergfalk. Commissioners Donald Booth and Mark Holmes were excused. Commissioner Kathryn Palm did not attend. APPROVAL OF MINUTES -JUNE 27. 1996 There was a motion by Commissioner Mickelson,seconded by Commissioner Reem,to approve the minutes of the June 27, 1996 minutes, amended to correct the date of July 27 to July 25 on page 5. The motion passed unanimously. CHAIRPERSON'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. APPLICATION NUMBERS 96009 AND 96010 (PHILLIPS 66 COMPAN) I Chair Willson stated that these two companion Applications submitted by Phillips 66 Company must be tabled because the plan proposed is inconsistent with the existing plat for this property. Application No. 96009 is a request for site and building plan/special use permit approval to build a convenience store/gas station at 6901 Brooklyn Boulevard,and Application No. 96010 is a request for a variance from Section 35-700 of the Zoning Ordinance to allow less than a 15 foot green strip along 69th Avenue North and along Brooklyn Boulevard. Mr. Warren explained that discrepancies in Application No. 96009 were discovered after the public hearing notices were sent, therefore he recommended that both Application No. 96009 and its companion Application No. 96010 be tabled for 2 weeks. He apologized for any inconvenience this delay may have caused. The Applicant has submitted a revised plan and the customary public hearing notices will be re-issued prior to the July 25 Commission meeting. 7-11-96 - 1 ACTION TO TABLE APPLICATION NUMBERS 96009 AND 96010 There was a motion by Commissioner Mickelson, seconded by Commissioner Reem,to table to the Commission's July 25, 1996 meeting, consideration of and action on Application Numbers 96009 and 96010. The motion passed unanimously. APPLICATION NO 96011 (MINNESOTA MUSCLE AND FITNESS. INC.) Chair Willson introduced Application No. 96011, a request from Minnesota Muscle and Fitness, Inc., for a special use permit to operate a fitness training and weight management facility in the Northbrook Shopping Center, 1910-57th Avenue North. The Secretary presented the staff report and showed the location on an overhead transparency of the proposed fitness training and weight management facility in the Northbrook Shopping Center to be operated by Minnesota Muscle and Fitness,Inc. (See details in Planning Commission Information Sheet for Application No. 96008 dated 7-11-96 attached). A special use permit is required for operation of this facility because it is considered to be a special use under the category of uses containing "tennis clubs, racquet and swim clubs and other athletic clubs, health spas and suntan studios" listed in Section 35-322, Subdivision 3p, in the Zoning Ordinance. The applicant, Mr. Rajesh Dash,on behalf of Minnesota Muscle and Fitness,Inc.provided written comments describing how they believe the facility meets the Ordinance standards for Special Use Permits. Mr. Warren stated the Application is appropriate and does not conflict with the Zoning Ordinance standards. The staff recommends approval of the proposal submitted by Minnesota Muscle and Fitness, Inc., subject to the conditions outlined in the staff report. Mr. Warren noted that a public hearing has been scheduled on this request. PUBLIC HEARING - APPLICATION NO 96011 Chair Willson asked for a motion to open the public hearing on the request submitted by Minnesota Muscle and Fitness,Inc. for a special use permit. There was a motion by Commissioner Mickelson, seconded by Commissioner Boeck, to open the public hearing at 7:45 p.m. The motion passed unanimously. Mrs. Rajesh Dash,representing Mr. Rajesh Dash,co-owner of Minnesota Muscle and Fitness, Inc., stated the company has been in business for 1-1/2 years at another location and moved to this site in May 1996. Mrs. Dash said she would answer Commissioners' questions. Commissioner Mickelson inquired about the notice dated June 26, 1996 currently posted at the facility signed by the City's Building Official. The sign deems the,property unsafe for human occupancy under Section 12-1101 and requires City approval for occupancy. Mrs. Dash described the sequence of events and work in progress at the facility since May. Equipment has been moved into the building and cosmetic work to prepare the facility has begun. According to Mrs. Dash,the contractor hired to perform some of the refurbishing did not obtain the required permits and subsequent inspection by the City discovered that a doorway in the building is considered hazardous. Permits have been obtained and steel braces will be installed to correct the 7-11-96 2 doorway deficiency. During the period June 1-26, only company managers were on the site to oversee the facility and construction personnel and to take membership applications. Mr. Warren stated the facility is not open for workouts or training during this interim period, but it was judged appropriate that membership sign-ups could be accepted and questions from potential customers answered during the time the facility is being prepared. In response to Commissioner Reem's question, Mr. Warren reiterated that a special use permit is required for this facility under the interpretation of the Ordinance distinguishing its usage as an "other athletic club." The facility will be open from 7 a.m.to 10 p.m. Signage will be similar to that of the Center's other tenants. It was pointed out that this fitness training and weight management facility could augment use of adjoining tenants in the Center-the Minnesota Martial Arts Academy and Weight Watchers. The Commissioners interposed no objections to granting the special use permit, subject to certain conditions, for operation of the Minnesota Muscle and Fitness training and weight management facility at Northbrook Shopping Center as proposed by the Applicant. CLOSE PUBLIC HEARING Chair Willson called for further comments from the public. There was a motion by Commissioner Mickelson, seconded by Commissioner Boeck, to close the public hearing at 7:58 p.m. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 96011 There was a motion by Commissioner Mickelson,seconded by Commissioner Boeck,to recommend approval of Application No. 96011, submitted by Minnesota Muscle and Fitness,Inc., subject to the following conditions: 1. The Special Use Permit is granted for a fitness training and weight management facility as comprehended under the classification of use contained in Section 35-322, Subdivision 3p as an"other athletic club." Any change in the use of this operation not comprehended by this application or permitted under the Zoning Ordinance will require approval of an amendment to this Special Use Permit. 2. 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. 3. The granting of this Special Use Permit is subject to the applicant complying with all applicable codes, ordinances and regulations relating to the operation. Any violation thereof may be grounds for revocation. Voting in favor: Chair Willson, Commissioners Boeck, Mickelson,and Reem. The motion passed unanimously. 7-11-96 3 The Council will consider the recommendation at its July 22 meeting. The applicant must be present. Major changes to the application as reviewed by the Commissioners will require that the application be returned to the Commission for re-consideration. OTHER BUSINESS Secretary Warren reviewed the status of Kathryn Palm's position on the Commission. Her letter of resignation is expected soon and established procedures will be followed to fill the vacancy. The Commission's next meeting will be on July 25, 1996. The agenda includes consideration of proposed new projects in the City. Commissioner Mickelson notified the Commissioners and the Secretary that he will be absent from the July 25 Commission meeting. Commissioner Reem commended action taken by the Council this year with respect to code enforcement designed to clean up the City's neighborhoods. Excellent results of the program are noticeable throughout the areas where cleanup is completed: ADJOURNMENT There was a motion by Commissioner Boeck,seconded by Commissioner Mickelson,to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:07 p.m. Chairman Recorded and transcribed by: Arlene Bergfalk TimeSaver Off Site Secretarial 7-11-96 4