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HomeMy WebLinkAbout1995 02-16 PCP PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER FEBRUARY 16, 1995 REGULAR SESSION 1. Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes - January 12, 1995 4. Administer Oath of Office: Graydon Boeck 5. 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. 6. Joy Anderson 95002 . Request for special use permit to operate a wholesale greenhouse business as a home occupation 7. Other Business 8. Discussion Items 9. Adjournment r • • Planning Commission Information Sheet Application No. 95002 Applicant: Joy L. Anderson Location: 1201 73rd Avenue North Request: Special Use Permit The applicant requests special use permit approval to conduct a home occupation involving a wholesale greenhouse operation at 1201 73rd Avenue North. The property in question is zoned R-1 (one family residence) and is bounded on the east, south and west by single family homes and on the north by 73rd Avenue North, which is the municipal boundary between the cities of Brooklyn Center and Brooklyn Park. The area on the north side of 73rd Avenue North is also a primarily single family residential neighborhood. Home occupations that involve the use of an accessory structure on the property are classified as "Special Home Occupations" requiring the granting of a special use permit by the City Council before such home occupation can be undertaken. The applicant is planning to erect a 14 ft. by 24 ft. greenhouse in her back yard in order to grow plants organically that will be wholesaled to others. In a letter accompanying her application, Ms. Anderson has indicated that she will be the sole proprietor of the business, and as a wholesaler, she will be delivering plants to her customers with the use of her own pick up truck. She plans to build a non-permanent greenhouse from a kit consisting of a frame set on 1 inch by 6 inch boards held in place by 24 inch stakes. Seven galvanized steel hoops spaced at 4 ft. intervals connected by 12 ft. purlins will support a double layer clear polyethylene covering. A door located at one end of the structure will be supported by a wood frame. The applicant indicates the nature of her business is to grow plants organically without pesticides, herbicides, insecticides or fungicides. Activity will be limited to daytime hours, which will vary depending upon the amount of daylight. She believes the business will be quiet and she will not disturb her neighbors. The activity level should be no more than that associated with a person conducting a garden. There will be no retail sales conducted on the property, and the applicant has indicated she will be delivering material to her customers. Also, there will be no advertising on the property associated with the business. All in all the staff sees this as a very low level home occupation. Special home occupations are allowed to be conducted under the city's zoning ordinance provided they are clearly incidental and secondary, to the residential use of the property. This is a special home occupation only because it involves the use of an accessory building. It should be noted that no special approval would be required if Ms. Anderson would be erecting such a greenhouse to grow plants for her own use. Because it is for a business purpose, the activity becomes a matter for special use permit approval. The main concern related to this home occupation is allowable accessory structures. The Building mi d has determined that a building Official has reviewed the information submitted an g pe rmit is not required for this non-permanent structure. The applicant has indicated that it will be dismantled, although not completely, in the fall of the year. However, the applicant must comply with the f accessory building limitations in the zoning ordinance, which limits accessory buildings to no more 2-16-95 1 than two, the total ground coverage of which cannot exceed the ground coverage of the principal building. The applicant has indicated she will remove two small storage sheds on the property to come into compliance with the accessory building limitation. It should be noted that the city's nuisance ordinance regulates the parking and storage of vehicles over 9,000 lbs. gross vehicle weight, 21 ft. in length and 8 ft. in height. Vehicles exceeding these limitations cannot be utilized for the home occupation. The applicant's pick up is an acceptable sized vehicle. I have received one call concerning the notices that were sent out. That call expressed aesthetic concerns about a compost structure located in the front yard, near the east property line. Although this structure is not part of the proposed home occupation and, to my knowledge, is not in violation of city ordinances, the applicant has agreed to move it to the back yard next to the garage. A public hearing has been scheduled and notices of the Planning Commission's public hearing have been sent. . All in all, this appears to be a very low key home occupation which should not cause problems in the neighborhood if it is conducted in the manner outlined by the applicant. Therefore, we would recommend approval of this special use permit, subject to at least the following conditions: 1. The special use permit is granted only for a wholesale greenhouse operation. The use may not be altered or expanded in any way beyond that which is comprehended under this application without first securing an amendment to this special use permit. 2. No retail sales of greenhouse products may be conducted from the property. ' 3. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation, thereof, may be grounds for revocation. 4. Vehicle parking on the property shall be in compliance with Section 19-103, Subdivision 12 of the city ordinances. 2-16-95 2 err • • • 11 NONE ■■� ■■ ■� ■ ■■- �■ milli■■■■■� _ ■■Evans ■■ ■■ ■� ■�■ ■ _ ■ _ ■EMCME EiE N■ ■� ■tea ■� ■ -. . . ■■■■MINE■ ■■ 1011 ■ ■ ■■ i , son■■■■r■■ ■� ■� ■■■ ■ �� um u - ■ ■ rc I ■ ■ ■ - ► r �i ■ ■ ■ ..I ► mm IRVING LA. N. ■ . :�. ■■■111 •�� � _ ; � ■ ,. � �nun ■■ i ■i■ � r � 1 i I �'o� Igrderson 1 o! 7 3 "��►�e YV 'IU2i g�+bo�-s . S 14 ou SC. E -- f w >v .2 o Feet �Iei�hbors yard �' wood Pr►va�� fare e - Neigh bo rs lro I Ivy 1 � s I r IA'-> Grcenhous� x A I v II I . Neighbors �"� 24' Go rage Q Cra rat ge u, ^ v 1 Fa nCC s. v aJ►bors � 3� n �, N4Se House ; v�► go'open sv LM c I so''a I Veget4ble 1 Neigkbors Ewa `S I Gordeh � I Ner6 � Gardch �Wad UI Trce � Trees I rrGe ' January 26, 1995 • Brooklyn Center Planning Commission , I am requesting a special home occupation permit . The nature of the business I am proposing is a wholesale organic plant nursery . This is a seasonal business which will be secondary to my primary occupation as a Registered Nurse . Using a kit , which is manufactured locally, I plan to build a 14 ' x24 ' greenhouse in my backyard. It will be a non-permanent structure . with no part of its foundation being built into the ground . The frame , which will be set on 1"x6" boards and held in place by 24" stakes , consists of seven galvanized steel hoops spaced at 4 ' intervals and connected by six 12 ' purlins. The covering is a double-layer clear polyethylene ; the door will be supported • by a wood frame. The nature of the business is to grow plants organically, there- fore no harmful pesticides , herbicides , insecticides or fungi- cides will be used . I As a sole proprietor , and the only employee , I will use my own light-weight truck for the business . As a wholesaler , I will be delivering plants to my customers . Hours of operation will be daylight and will vary . A P.O. Box will be used as a business address , and no advertising will be done on the property. This is a quiet business ; my neighbors will not be disturbed . I hereby submit my proposal for approval by the planning comm- ission . Thank you for your consideration. Sincerely , :r Joy L. Anderson MINNESOTA DISTRIBUTING & MFG., INC. ASSEMBLY INSTRUCTIONS 14' SPRING HOOP HOUSE 6' CENTER HEIGHT 1. ) Separate and count all parts. 2. ) Always start with a level surface for your greenhouse: Take into consideration any possible expansion direction for future needs. 3. ) Standard 14" Model has 4" on center hoop spacing. Other options available. 4. ) Start by laying out your greenhouse with four wood stakes set at 14' on center width and length determined by user. Run lines on all stakes to make a rectangle. After lines are set stake out the balance of your socket locations as per your appropriate bow spacing. After all lines and stakes are set you can level your lines to your surface. 5. ) Dig your holes for your hoop socket installation. (If you do not use cement, a duck bill earth anchor every third hoop is recommended. ) Pre drill holes even without cement. Be careful not to damage the tc of the hoop sockets. 6. ) Hoop sockets for the 14' Hoop should be placed on one side with the swaged end up, doing all sockets on that side the same. On the opposite standard 1.315 pipe is used as the hoop has the swage for fitting into the socket. , 7. ) ; Ifyouu .have optional extended sidewalls place sockets into cement to leave your desired sidewall height. 8. ) After sockets are leveled let 'cement dry. 9. ) When` cement' is dry, place hoops on. and into sockets attaching with a -3/4" tek screw placed into hoop hole. 10. ) When_ all: hoops are in place attach the purlins. If you have the standard single purlin model place it directly down the center of all hoops attaching as per enclosed drawing with purlin clamps. The purlins will be used to hold your hoops at their correct spacing. If you have the optional 3 purlin model space your two extra runs at equal distance-'from the center purlin at whatever distance you may desire. Use -a tek screw to connect each purlin at the swaged joint. Also place a 3%4" tek screw into your end purlin on each side of the purlin clamps that are attached to the last hoop. This will prevent slipping out of the clamp. 11. ) Next attach your baseboard using a 2 11x 12" or 2 11x 10" board running t ground level with our optional base board .clamps. If you have optional extended sidewalls a baseboard at ground level and the 3' mark is recommended. 12. ) Gable end framing is self designed to suit the needs of the individ& owner. Wood is used most often. For suggestions please call. 1500 Jackson St., N.E. - Mpis., MN 55413 . 612-781-6068 FAX: 781-8693 . � 2�& � �2�� ���h //�«�7� � � .. � . � . . . . . . . }, . »< �<��w ��\�y� z . x \d 2/ \« \??�«« : <\���»�» y�\>\ ��§-�����ƒ�����\ . - �{���. \��, -: a.« z © ? :< ©< » �m.�m. - -��c»» < . .�© � a���,�:���� . � :�??? �/�����\����2. � . ./. ..ate���a. � �%���\ © , . : ��y w. « w< � � y. y . :������«? . . . ,. . .. a. . x,> y «>g��. � ! a ��1r<���2�: »� \� \\��d�© � a.. w= ���: . �� \ \� �� . . . � ,����� , . � � � :� ii • • 35-900 But shall not include the following: • 1. Garages, open porches, and open patios. Floor/area ratio - The numerical value obtained through dividing the gross floor area of a building or buildings by the total area of the lot or parcel of land on which such building is located. Garage. private - An accessory building or an accessory portion of the dwelling building intended for or used to store private passenger vehicles of the families resident upon the premises and in which no business, service or industry connected directly or indirectly with automotive vehicles may be carried on. Garage - school bus - A building, or portion of a building, used for the storage of school buses (defined in M.S.A. Section 169.01, Subdivision 6) , or where any such vehicles are kept for remuneration or hire, excluding major repair of such vehicles. Green Strip - An area containing only vegetation such as grass, trees, flowers, hedges, and other related landscaping materials, and maintained expressly for such purpose. Group Day Care Facility - A facility licensed by the Minnesota Department of Public Welfare to provide child care for six or more children at one time. This term also includes, but is not limited to, facilities having programs for children known as nursery schools, day nurseries, child care centers, play groups, day care centers, cooperative day care centers and Head Start programs. • Home Occupation - Subject to the further limitations of Section 35-405 of the Zoning Ordinance, a home occupation is any gainful occupation or profession, carried on within a dwelling unit, by a family member residing within a dwelling unit, which is clearly incidental and secondary to the residential use of the dwelling unit and the lot upon which it is constructed, including, without limitation, dressmaking, secretarial services, professional offices, answering services, individual music or art instruction, individual hobby crafts, and day care and similar activities. Home Occupation. Special - Subject to the further limitations of Section 35- 406 hereof, and subject to approval by the City Council, a special home occupation is any gainful occupation or profession carried on within a dwelling unit or any permitted accessory buildings or installations on a lot, by a family member residing within the dwelling unit, which is clearly incidental and secondary to the residential use of the dwelling unit, the accessory structures, and the lot upon which it is constructed, including, without limitation, barber and beauty services, shoe repair, photography studios, group lessons, saw sharpening, motor driven appliances and small engine repair, and similar activities. Hospital - An institution licensed by the state Department of Health primarily engaged in providing, by or under the supervision of physicians, to inpatients (A) diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled or sick persons, or (B) rehabilitation services for the rehabilitation of injured, disabled, or sick persons. . Hotel - A building which provides a common entrance, lobby, and stairways, and in which lodging is commonly offered with or without meals for periods of less than a week. 35-406 4. No special home occupation shall employ, at any one time, more than one person who is not a member of the family occupying the dwelling unit. 5. No special home occupation may include the teaching of more than ten (10) students at one time who are not members of the family occupying the dwelling unit. 6. No special home occupation shall cause traffic congestion on the lot containing the special home occupation or on the streets adjacent thereto. 7. No automobile parking related to the special home occupation shall be permitted on the street provided, however, that upon a finding that the special home occupation is not feasible without on street parking, the City Council may authorize parking on the street based upon a consideration of Section 35-220.2 and of the following: a. The amount of the applicant's street frontage. b. The rights of adjacent residents to park on the street. C. Preservation of the residential character of the neighborhood. 8. No special home occupation shall produce light, glare, noise, odor or vibration perceptible beyond the boundaries of the lot. 9. No special home occupation shall include the retail sale of merchandise produced off the lot. • Section 35-410. SPECIAL REQUIREMENTS IN R3, R4, R5, R6 AND R7 DISTRICTS. 1. All storage shall be contained wholly within an enclosed building. 2. The incineration of waste matter shall be conducted in approved equipment located within the building wherein the permitted use is conducted. Equipment shall be considered "approved" when approved by the zoning official and sanitarian. 3. Where a proposed R3, R4, R5, R6, or R7 development abuts an R1 or R2 district other than at a public street line, buffer provisions shall be established. There,shall be provided a protective strip not less than 25 feet wide in the case of R6 and R7 uses and not less than 15 feet wide in the case of R3, R4 and R5 uses. The protective strip shall contain an opaque fence or a Council approved substitute. The protective strip shall be landscaped and not be used for parking, garages, driveways, off-street loading or storage. The screening device design must be approved by the City Council as being in harmony with the residential neighborhood and providing sufficient screening of the multiple dwelling area. A proposed fence shall be no less than four feet in height and shall not extend within 10 feet of any street right-of-way. Section 35-405, ADDITIONAL REQUIREMENTS FOR HOME OCCUPATIONS: • 1. No home occupation shall produce light, glare, noise, odor or vibration perceptible beyond the boundaries of the lot. 2. No home occupation shall involve the use of any accessory structures or installations. 3. No home occupation shall involve the use of equipment other than that customarily found in a residential dwelling unit. 4. No home occupation shall involve the retail sale of merchandise produced off the lot. 5. No home occupation shall involve the employment on the lot of persons who are not members of the family residing on the lot. 6. No home occupation providing day care shall serve more than twelve (12) children in the R1 district, five (5) children in the R2 and R3 districts, or five (5) children, including children of the family occupying a dwelling unit in other residential districts (R4 through R7) . This subsection is not intended to supersede any lease arrangements which may be more restrictive. 7. No home occupation shall cause traffic congestion on the lot containing the home occupation or on the streets adjacent thereto. • 8. No automobile parking related to the home occupation shall be permitted on the street. Section 35-406. ADDITIONAL REQUIREMENTS FOR SPECIAL HOME OCCUPATIONS: 1. All special home occupations shall require approval of a special use permit pursuant to Section 35-220 of the Brooklyn Center Zoning Ordinance. 2. No special home occupation shall use more than one accessory structure or installation and such structure or installation must be a permitted use under Section 35-310 and Section 35-311 of the Brooklyn Center Zoning Ordinance. 3. A special home occupation may use equipment not customarily found in a residential dwelling unit. • 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 JANUARY 12, 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, Mark Holmes, Robert Mickelson, and Dianne Reem. Commissioners Donald Booth and Ella Sander were excused from the meeting. Also present were the Secretary to the Planning Commission Planning and Zoning Specialist Ronald Warren, Planning Commission Recording Secretary Ruth McLaurin, Mayor Myrna Kragness. APPROVAL OF MINUTES - DECEMBER 8 1994 There was a motion by Commissioner Mickelson and seconded by Commissioner Reem to • approve the minutes of the December 8, 1994, Planning Commission meeting as submitted. The motion passed unanimously. ADJOURN 1994 PLANNING COMMISSION There was a motion by Commissioner Mickelson and seconded by Commissioner Reem to adjourn the 1994 Planning Commission at 7:37 p.m. OATH OF OFFICE The Secretary administered the Oath of Office to the members of the Planning Commission. CALL TO ORDER: 1995 PLANNING COMMISSION The Planning Commission met in regular session and was called to order by Chairperson Willson at 7:37 p.m. ELECTION OF 1995 Chairperson Willson called for nominations for 1995 Chairperson. There was a motion by Commissioner Holmes and seconded by Commissioner Mickelson to nominate Commissioner Tim Willson as 1995 Chairperson for the Planning Commission. Chairperson Willson called for nominations two additional times. . 1-12-95 1 There was a motion by Commissioner Mickelson and seconded by Holmes to close nominations. There was a motion by Commissioner Holmes and seconded by Reem for a unanimous ballot naming Tim Willson as 1995. ELECTION OF 1995 CHAIR PRO TEM Chairperson Willson called for nominations for 1995 Chair Pro Tem. There was a motion by Commissioner Holmes and seconded by Reem to nominate Commissioner Mickelson as 1995 Pro Tem. Chairperson Willson called for nominations twice more. There was a motion by Commissioner Holmes and seconded by Reem to close nominations for Chair Pro Tem. There was a motion by Commissioner Holmes and seconded by Reem for a unanimous ballot naming Robert Mickelson as 1995 Chair Pro Tem. 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. The Secretary introduced Mayor Kragness who was in the audience. Mayor Kragness congratulated the members of the Commission and thanked them for all their efforts. APPLICATION NO.94016 BROOKDALE COVENANT CHURCH The Secretary noted this was a request for a Special Use Permit and Site and Building Plan approval to construct a 12,500 square foot recreation area addition to the existing church located 5139 Brooklyn Boulevard. This matter was tabled by the Planning Commission at is December 8, 1994 meeting. The Secretary indicated the applicant is asking the Planning Commission to table this request until their January 26, 1995 meeting. There was a motion by Commissioner Mickelson and seconded by Commissioner Holmes to table Application No.94016 until the January 26, 1995 meeting at the request of the applicant. APPLICATION NO. 95001 THARALDSON DEVELOPMENT Chairperson Willson introduced the next item of business, a request from Tharaldson Development for a Special Use Permit and Site and Building Plan approval for a three story, 60 unit Comfort Inn Hotel at 1600 James Circle. 1-12-95 • 2 The Secretary presented the staff report, used overhead transparencies to show the location • and detail (see Planning Commission Information Sheet for Application No. 95001, attached). Commissioner Holmes asked if the conditions noted cover a wood gate for screening. The Secretary stated not at present, but the conditions could be modified to reflect a wooden gate. Commissioner Holmes inquired if their were any concerns regarding only one access to the property. The Secretary noted no concerns at this time. PUBLIC HEARING (APPLICATION NO. 95001) Chairperson Willson asked for a motion to open the public hearing on the request for a Special Use Permit and Site and Building Plan at 8:06 p.m. There was a motion by Commissioner Mickelson 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. Jeff Young was present for the applicant to answer any questions of the Commission. • Commissioner Holmes inquired if the Hotel would have a pool. Mr. Young indicated there would not be a pool. Commissioner Holmes inquired if this is a typical size Comfort Inn. Mr. Young indicated that was correct, the larger Hotels would be Fairfield Inns. Chairperson Willson called for any more questions for the applicant or for anyone else to speak at the public hearing. CLOSE PUBLIC HEARING There was a motion by Commissioner Holmes and seconded by Commissioner Mickelson to close the public hearing at 8:11 p.m. The motion passed unanimously. Commissioner Holmes inquired if a condition could be added regarding the wood screening. The Secretary indicated condition 14 could be added to note a wood screening. There was a motion by Commissioner Holmes and seconded by Mickelson to add condition 14, indicating: Plans to be modified to show wooden screening. . 1-12-95 3 ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 95001 There was a motion by Commissioner Mickelson and seconded by Commissioner Reem to recommend approval of Application No. 95001 submitted by Tharaldson Development subject to 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 and utility plans are subject to review and approval by the Engineering department prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building addition 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 signery, which is subject to Chapter 34 of the city ordinances. 8. B612 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. The property owners shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the Engineering Department. 12. The Special Use Permit is granted to the applicant for a 67 unit, three story hotel. Any expansion or alteration of this use shall require an amendment to this Special Use Permit. 1-12-95 4 13. This Special Use Permit is subject to all applicable codes, ordinances and regulations, any violation, thereof, could be grounds for revocation. 14. The plans shall be modified prior to the issuance of permits to include a wood opaque gate for the trash enclosure. Voting in favor: Chairperson Willson, Commissioners Holmes, Mickelson, and Reem. The motion passed unanimously. The Secretary noted that the application will be referred to the City Council at the January 23, 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 The Secretary indicated there will be a meeting of the Planning Commission on January 26, 1995.The rosters for the neighborhood advisory groups will be available, the Secretary noted if anyone would like any additions to these roster please notify him. Chairperson Willson and Commissioner Holmes indicated they would not be able to attend this meeting. The Secretary noted if a quorum is not available for this meeting he will notify everyone. • Discussion was held regarding new developments and businesses in the City. ADJOURNMENT There was a motion by Commissioner Nickelson and seconded by Commissioner Holmes to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:30 p.m. Chairperson Recorded and transcribed by: Ruth McLaurin Timesaver Off Site Secretarial 01-12-95 5