HomeMy WebLinkAbout1996 01-10 PCP PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
JANUARY 10, 1996
REGULAR SESSION
1. Call to Order: 7:30 p.m.
2. Roll Call 1995 Planning Commission
3. Approval of Minutes - November 30, 1995
4. Adjourn 1995 Planning Commission
5. Administer Oath of Office: Donald Booth, Mark Holmes, Kathryn Palm
6. Call to Order: 1996 Planning Commission
7. Roll Call 1996 Planning Commission
8. Election of 1996 Chair
• 9. Election of 1996 Chair Pro Tem
10. 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.
11. Randy Rau 96001
Request for Special Use Permit and Site and Building Plan approval to remodel
existing gas station into a new gas station/convenience store at 6245 Brooklyn
Boulevard.
12. Other Business
13. Adjournment
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Planning Commission Information Sheet
- Application No. 96001
Applicant: Randy Rau
Location: 6245 Brooklyn Boulevard
Request: Special Use Permit/Site and Building Plan Approval
The applicant is seeking a Special Use Permit and Site and Building Plan Approval to
remodel an existing gasoline service station at 6245 Brooklyn Boulevard into a gasoline
station/convenience store and provide additional pump islands on both the easterly and
westerly sides of the building.
The property in question is located at the southwest corner of 63rd Avenue North and
Brooklyn Boulevard and is the former site of a gasoline service station and motor
vehicle repair operation. The existing station, which is a little more than 1,250 sq. ft. in
area, had pump islands on the Brooklyn Boulevard side of the station and two service
bays for the repair of motor vehicles.
The property is zoned C-2 (Commerce) and is bounded on the north by 63rd Avenue
with R-1 zoned property on the opposite side; C-2 zoned property containing the
Builder's Square site located diagonally across the Brooklyn Boulevard/63rd Avenue
intersection; R-1 zoned property containing the City's liquor store/fire station located on
the easterly side of Brooklyn Boulevard across from the subject site; C-2 zoned
property containing a small strip center immediately to the south of the subject site and
R-4 zoned properety containing the Ewing Square Townhouses on the west side of
Ewing Avenue. Gasoline service station, motor vehicle repair and auto washes are
acknowledged special uses in the C-2 zoning district provided they do not abut an R-1,
• R-2, or R-3 zoning istrict including abutment at a street line. The sale or vending at
9 9 g
gasoline service stations of items other than fuels, lubricants or automotive parts and
accessories is also an acknowledged special use in the C-2 zoning district provided
adequate parking is available consistent with the ordinance required parking formulas
for gasoline service stations and retail
stores.
The applicant, Randy Rau, acquired this gas station within the past year and is
proposing to make various modifications to it. He would remodel the existing building
on its present foundation, eliminate the auto repair service bays and create a
convenience store within the building. New pump islands would be installed on both
the easterly and westerly side of the building (gas pumps had only been located on the
easterly part of the site in the past). He would close the northerly curb cut on Brooklyn
Boulevard and an existing curb cut on Ewing Avenue serving this property. This would
leave him with two curb cuts, one on 63rd Avenue approximately 45 ft. westerly of the
Brooklyn Boulevard/63rd Avenue intersection right-of-way line and the other on
Brooklyn Boulevard approximately 100 ft. southerly of the Brooklyn Boulevard/63rd
Avenue intersection right-of-way line. The Brooklyn Boulevard access is a right in, right
out only access due to the median in Brooklyn Boulevard. The 63rd Avenue access
would allow full access into and out of the service station/convenience store. The
applicant hopes to continue the existing cross access between his property and the
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Page 1
r
neighboring strip center to the south. Traffic movement through the site is anticipated
to be in on 63rd Avenue and out onto Brooklyn Boulevard, although circulation around
the site and exiting either east or west on 63rd Avenue will be possible. Staff has a
major concern with the proposed 63rd access as will be reviewed later in this report.
PARKING
The zoning ordinance requires 11 parking spaces for the first 2,000 sq. ft. of gross floor
area or portion thereof for retail centers. No auto repair is proposed and no service
vehicles will be on the site, therefore, the service station parking formula does not apply
in this case. The applicant proposes providing three parallel parking spaces along the
south property line, three spaces (including a handicap space) along the north side of
the building and one space at the northwest corner of the site. He also hopes to be
given credit for four parking spaces at the pump islands.
DRAINAGE/GRADING/UTILITIES
The applicant proposes no major changes to the plan in this area, however, a drainage
plan meeting the city engineer's concerns will need to be submitted for review and
implementation. B-612 concrete curb and gutter will have to be provided around
boulevard green strips and the parking and driving areas.
LANDSCAPING
The a pp licant has provided a landscape plan
showing proposed landscaping for this
site which is less than .5 acres. Based on the landscape point system utilized by the
Planning Commission for evaluating landscape plans, this site would require 80
landscape points. His proposal is to provide fourteen 2 % inch Summit Ash trees
around the perimeter of the site. Nine of these trees would be interspersed with
Jackman Potentilla and would be located along the west and a portion of the north part
of the site. The Summit Ash would be spaced 20 feet on center. The remaining five
Summit Ash would be located along the Brooklyn Boulevard green strip. The Summit
Ash and Jackman Potentilla proposed would add up to 197 landscape points, however,
they are not divided in the manner called for by the landscape point system. It might be
beneficial to perhaps intermix some decorative trees and/or coniferous trees. The
landscape point system encourages a variety of plantings. Landscaping should also be
reviewed based on the recommendations contained in the Brooklyn Boulevard
amenities study. The applicant has also proposed a 3 ft. high retaining wall and berm
along the west and a portion of the north green strips. The purpose of this is to provide
some screening from the residential properties to the west and to the north. His plans
also note that all green areas will have underground irrigation.
BUILDING/CANOPY
The building will be modified into a convenience store with glass display windows and
doors along the Brooklyn Boulevard, 63rd and Ewing Avenue sides of the building. The
1-10-96
Page 2
exterior will be a face brick with a white fascia. The applicant is proposing a canopy
that will extend over the top of the store and over the pump islands along the easterly
and westerly sides of the building. No elevations or drawings of the proposed canopy
have yet been submitted, however, the applicant has shown a picture of the design that
he is proposing and it will have a fiberglass type dome running through the center of the
building. It would be worthwhile for the applicant to provide the Planning Commission
with elevations and drawings depicting the proposed canopy for the site.
NONCONFORMITY
As previously mentioned, the Zoning Ordinance prohibits gasoline service stations,
motor vehicle repair and auto washes from abutting R-1, R-2, or R-3 zoned property
either at a property line or across the street. This property abuts R-1 property across
63rd Avenue North and also city owned property across Brooklyn Boulevard and is,
therefore, considered a non-conforming use subject to Section 35-111 of the City's
Zoning Ordinance relating to non-conforming uses (attached). This section of the
ordinance allows the lawful use of land or building existing at the time of the adoption of
a zoning regulation to be continued even if it does not conform to the regulations of the
zoning ordinance provided the non-conforming use is not enlarged or increased or
occupy a greater area of land than occupied at the time that it became non-conforming.
Non-conforming uses are not allowed to be moved to any other part of a parcel of land
on which they are conducted. A nonconforming use is allowed to be extended
throughout a building provided no structure alterations except those required by
ordinance law or other regulation are made. Nonconforming uses are not allowed to be
rebuilt following their destruction by more than 50 percent by flood, fire, wind,
earthquake or explosion. If.a non-conforming use ceases to occupy a building for a
continuous period of two years, it may not be reestablished.
Again, because of the abutment with R-1 property, alterations to this site for the
purpose of a gasoline service station should not be allowed. The City, under its Zoning
Ordinance, does not allow a use variance to be granted. A use variance is defined as a
variance to allow a use of property that is not permitted in the particular zoning district
where the land is located.
In 1993 the City commissioned the consulting firm of Dahlgren, Shardlow & Uban, Inc.
(DSU) to do the Brooklyn Boulevard redevelopment study. One of the aspects of the
study was to review city regulations that may impede redevelopment in the Brooklyn
Boulevard corridor. DSU recommended at that time that the city consider abandoning
the prohibition against gasoline stations abutting R-1, R-2 or R-3 zoned property along
Brooklyn Boulevard under certain circumstances. Their report, on page 51,
recommends that C-2 special uses, such as gas stations, convenience stores and fast
food restaurants be allowed to abut R-1, R-2 or R-3 zoned property across street right-
of-way provided there is no vehicular traffic access to the site; pedestrian access is
incorporated if appropriate; and an 8 ft. brick wall with landscaping and lighting on a 10
ft. easement (green strip) with trees 20 ft. on center or equivalent and appropriate
pedestrian lighting appropriate.
1-10-96
Page 3
An overlay ordinance for Brooklyn Boulevard allowing these uses has been
recommended but not yet adopted. The applicant would like to see the City pursue
such changes so his proposal can go forward. Further discussion and direction on this
matter should be pursued.
SPECIAL USE PERMIT STANDARDS
Perhaps even a bigger issue than the nonconformity issue is the continuation of the
access on 63rd Avenue North with this modified plan. As noted previously, the
proposed gas station/convenience store is a special use in the C-2 zoning district and,
as such, it must meet the five standards listed in Section 35-220 Subdivision 2 of the
City's Zoning Ordinance (attached). The applicant has submitted a written response to
the Standards for Special Use Permits (attached). He notes that all attempts will be
made so that his establishment will meet all public health and safety regulations. He
believes the special use on this property will only enhance all surrounding properties
and by eliminating the type of operation existing, adjacent property owners will be
pleased. He notes that this development, in his opinion, will not impede any other
development in Brooklyn Center and that he feels he can appropriately screen the site
from abutting residential areas. He also notes that he proposes hours of operation (an
area not regulated by the City) from 6:00 a.m. until 10:00 p.m. He adds that he
believes for this site to work, only two entrances are necessary and that he is closing
the access points from Ewing Avenue and one on Brooklyn Boulevard and that this will
enhance landscaping in the area.
With respect to the Standards for Special Use Permit, the ro osed service
p p
station/convenience store should enhance the general public welfare and should not be
detrimental to or endanger the public health, safety, morals or comfort. We do not
believe that the expansion of this service station will be injurious to the use and
enjoyment of other property in the Immediate vicinity for the purposes already permitted
provided the City's Zoning Ordinance is appropriately amended to allow gas station
uses to abut R-1, R-2 and R-3 zoned property in the Brooklyn Boulevard corridor area
only. It should be noted that appropriate screening for the residential areas must be
incorporated into a site plan in a manner acceptable to the Planning Commission and
City Council. The establishment of the expanded service station/convenience store
should not impede the normal and orderly development or redevelopment of the
surrounding property. In fact, it may add to redevelopment efforts in the area and serve
a particular need in this neighborhood.
It is with respect to Special Use Permit Standard d, that the staff has its major concern.
This standard states that adequate measures have been or will be taken to provide
ingress, egress and parking so designed as to minimize traffic congestion in the public
streets. The staff s position is that the access on 63rd Avenue is simply too close to the
Brooklyn Boulevard/63rd Avenue intersection, particularly with this access being a full
access allowing both east and west movements out of the station. The access is
approximately 45 ft. from this intersection and given the northwest/southeast alignment
of Brooklyn Boulevard at this intersection, it appears that one westbound vehicle
1-10-96
Page 4
waiting to enter the station, could cause backups and congestion for the entire
intersection. We have proposed that access to the station be gained via Ewing Avenue
at a point sufficiently south of 63rd Avenue (about midway on the property) to allow
minimal congestion problems. This would, however, require major redesign of the site.
The staff believes that the continuation of the access on 63rd Avenue is contrary to
standard d of the Standards for Special Use Permits and is sufficient reason to
recommend denial of the proposal. We hope that proper access can be provided to this
site which will allow the redevelopment of the property in a manner that is in the best
interests of the community. Again, we believe this site should be accessed from Ewing
Avenue rather than 63rd Avenue.
The applicant has submitted his proposal in order to discuss it with the Planning
Commission. He points out the positive things he is incorporating into his
redevelopment and expanded operation. Again, the biggest issues are the 63rd
Avenue access and modifying the ordinance to allow gasoline service stations to abut
R-1, R-2, or R-3 property with proper screening and buffing in the Brooklyn Boulevard
corridor.
A public hearing has been scheduled and notices have been sent to property owners
within 150 ft. These notices were sent late and should be expanded to 350 ft. from the
property.
RECOMMENDATION
The staff recommends discussing the proposal with the applicant, opening the public
hearing as scheduled and tabling the matter with direction and to renotify property
owners within 350 ft. of the site of the continued public hearing.
1-10-96
Page 5
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CHAPTER 35 - ZONING ORDINANCE
Section 35-100. STATEMENT OF POLICY. The City Council finds that the
municipality is faced with mounting problems in providing means of guiding
future development of land so as to insure a safer, more pleasant, and more
economical environment for residential, commercial, industrial and public
activities, and to promote the public health, safety, morals, and general
welfare. Through enactment of this ordinance, the City Council intends to
prepare for anticipated changes and by such preparations, to bring about a
significant savings in both private and public expenditures. This ordinance is
intended to be one means of effectuating the municipal planning undertaken by
this municipality. Through this ordinance, the municipality intends to
encourage the wise development of lands within the municipality and to serve its
citizens more effectively and to make the provision of public services less
costly and to achieve a more secure tax base.
Specifically, the provisions are designed to achieve the foregoing
objectives through the regulation of the location, height, bulk, number of
stories, size of buildings, and other structures, the percentage of lot area
which may be occupied, the size of yards and other open spaces, the density and
distribution of population, the uses of buildings and structures for trade,
industry, residence, recreation, public activities, or other purposes, and the
uses of land for trade, industry, residence, recreation, and through the
establishment of standards and procedures regulating uses within the City.
Section 35-110. PERMITTED USES. Except as provided for in Section 35-111,
no building or premises may hereafter be used or occupied within a given land
use district unless it is a permitted use in that district or unless it is
authorized as a special use Sections 35-310, 311, 312, 313, 314, 315, 316,
320, 322, 330, 331, 340, 341 give the various permitted and special uses.
Section 35-111. NONCONFORMING USES. Unless specifically provided
otherwise herein, the lawful use of any land or building existing at the time of
adoption of this ordinance may be continued even if such use does not conform to
the regulations of this ordinance, provided:
1. No such nonconforming use of land shall be enlarged or increased or
occupy a greater area of land than that occupied by such use at the time of the
adoption of this ordinance.
2. Such nonconforming use shall not be moved to any other part of the
parcel of land upon which the same was conducted at the time of the adoption of
this ordinance.
3. A nonconforming use of a building existing at the time of adoption of
this ordinance may be extended throughout the building provided no structural
alterations except those required by ordinance, law, or other regulation are
made therein, and provided that no such extension in the floodway overlay zone
shall result in increased flood damage potential. Excepted from the structural
alteration limitation are single family dwellings, located in residential
districts other than R1 and R2, provided any structural alterations or additions
shall conform with the requirements of the R1 and R2 district, and the Flood
Plain regulations as applicable.
35-111
4. If a nonconforming use occupies a building and ceases for a continuous
period of two years, any subsequent use of said building shall be in conformity
to the use regulation specified by this ordinance for the district in which such
building is located.
5. Any nonconforming use shall not be continued following 50% destruction
of the building in which it was conducted by flood, fire, wind, earthquake, or
explosion, according to the estimate of the Building Inspector, approved by the
City Council.
6. Upon the effective date of this ordinance, where there is a
nonconforming use of land on a parcel with no structure or where there is a
nonconforming use of land (such as storage of equipment and supplies) , on which
there is a conforming structure such use shall be terminated within two years
following the effective date of this ordinance.
Section 35-201. PLANNING COMMISSION. A Planning Commission of seven
members is hereby established and continued as a planning agency advisory to the
City Council. The Planning Commission shall have the powers and duties
conferred upon it by statute, charter, ordinance or resolution. The Planning
Commission shall serve as the Board of Adjustments and Appeals for the purpose
of considering variances and appeals.
Section 35-202. COMPREHENSIVE PLANNING.
1. Comprehensive Planning.
The City Council hereby undertakes to carry on comprehensive study
and planning as a continuing guide for land use and development
legislation within the municipality. For this purpose the City
Council has adopted, by Resolution No. 82-255, a Comprehensive
Guide Plan for the City of Brooklyn Center, and designates an
advisory planning agency by Section 35-201 to aid in such planning.
The Planning Commission shall, from time to time, upon its own
motion or upon direction of the City Council, review the
Comprehensive Plan and by a majority vote of all members of the
Planning Commission recommend appropriate amendments to the City
Council.
Before recommending any such amendments to the City Council, the
Planning Commission shall hold at least one public hearing to
consider the proposed amendment. The Secretary to the Planning
Commission shall publish notice of the time, place and purpose of
the hearing once in the official newspaper of the municipality at
least ten (10) days before the date of the hearing. Furthermore,
the Secretary shall transmit copies of the proposed amendment to
the City Council prior to the publication of the notice of hearing.
Following the review and recommendation by the Planning Commission,
the City Council shall consider the proposed amendment and may, by
resolution of two-thirds of its members, amend the Comprehensive
Plan.
Page 50
Recommendations 1. The City should focus Economic Development resources on larger parcel
(three acres or larger) planned unit developments.
2. The City should require smaller parcel development to meet the following
performance standards.
a. Setback requirement Non-residential development along the
Boulevard should be built to a specified line to provide enclosure
and a continuous public facade.
b. Front or side door access to R.O.W. improvements All entrances
shall be located such that they can be seen from the right-of-way.
C. Easement Dedication. An easement should be required to permit
access to ROW improvements.
d. Connect parking circulation to adjoining parcels. Parking should
be accessible from each parcel, internally, on the site through
cross easements.
e. Display windows on Brooklyn Boulevard-no blank walls. All new
commercial developments shall ' have windows facing the
• Boulevard.
f. Landscaping. One tree per 30 feet of site perimeter, including
parking lots and one tree per eight parking spaces.
g. Screening. Parking and storage facing adjoining neighborhood
shall be screened with masonry walls or approved equal and
landscaping.
h. Building Materials. Building materials shall be of high quality
(Brick or Stone Masonry) and approved by the City.
i. Awnings. Awnings should be encourage, but not illuminated, and
extend a minimum of four feet over sidewalk.
j. Neighborhood Access. Where appropriate for pedestrian use of
commercial or institution facility,a pedestrian pathway connecting
the commercial development with the adjacent residential
neighborhood shall be provided eg. sidewalks.
3. Land use transitions
8 Boulevard Redevelopment Study
OP
Page 51
a. C2 special use such as gas stations, convenience stores, and fast
food restaurants may abut R-1, R-2, R-3, R-4 and across street
R.O.W. provided:
■ no vehicular traffic access
■ pedestrian access if appropriate
■ 8' brick wall with landscaping and lighting on 10'
easement - trees 20' o.c. or equivalent - pedestrian (12 -
14 ft) - lighting 30" o.c.
b. C2 special uses such as gas stations, convenience stores, and fast
food restaurants may abut adjacent R-1, R-2, R-3, and R-4
provided:
■ 8' brick wall with landscaping on 10' easement - trees at
20' o.c. or equivalent- continuous shrubbery
I
Brooldyn Boulevard Redevelopment Study
I
Section 35-220. SPECIAL USE PERMITS
2. Standards for Special Use Permits
A special use permit may be granted by the City Council after
demonstration by evidence that all of the following are met:
(a) The establishment, maintenance or operation of the
special use will promote and enhance the general
welfare and will not be detrimental to or endanger
the public health, safety, morals, or comfort.
(b) The special use will not be injurious to the use
and enjoyment of other property in the immediate
vicinity for the purposes already permitted, nor
substantially diminish and impair property values
within the neighborhood.
(c) The establishment of the special use will not
impede the normal and orderly development and
improvement of surrounding property for uses
permitted in the district.
(d) Adequate measures have been or will be taken to
provide ingress, egress and parking so designed
as to minimize traffic congestion in the public
streets.
(e) The special use shall, in all other respects,
conform to the applicable regulations of the
district in which it is located.
3. Conditions and Restrictions
The Planning Commission may recommend and the City Council may
impose such conditions and restrictions upon the establishment,
location, construction, maintenance and operation of the special
use as deemed necessary for the protection of the public interest
and to secure compliance with requirements specified in this ord-
inance. In all cases in which special use permits are granted,
• the City Council may require such evidence and guarantees as it
may deem necessary as part of the conditions stipulated in connec-
tion therewith.
4. Resubmission
No application for a special use permit which has been denied
by the City Council shall be resubmitted for a period of twelve
(12) months from the date of the final determination by the City
Council; except that the applicant may set forth in writing newly
discovered evidence of change of condition upon which he relies to
gain the consent of the City Council for resubmission at an earlier
time.
5. Revocation and Extension of Special Use Permits
When a special use permit has been issued pursuant to the pro-
visions of this ordinance, such permit shall expire without further
action by the Planning Commission or the City Council unless the
applicant or his assignee or successor commences work upon the sub-
. ject property within one year of the date the special use permit is
granted, or unless before the expiration of the one year period the
applicant shall apply for an extension thereof by filling out and
submitting to the Secretary of the Planning Commission a "Special
Use Permit" application requesting such extension and paying an
additional fee of $15.00.
Special use permits granted pursuant to the provisions of a
prior ordinance of Brooklyn Center shall expire within one year of
the effective date of this ordinance if construction upon the sub-
ject property pursuant to such special use permit has not commenced
within that time.
In any instance where an existing and established special use
is abandoned for a period of one year, the special use permit re-
lated thereto shall expire one year following the date of abandon-
ment.
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To the City Council of Brooklyn Center:
I would like to develop the property at 6245 Brooklyn Boulevard. My intentions
are to build a 1250 square foot convenience store and gasoline outlet at this
location. In doing so, I will be very particular that this location will be managed as
well as my 69th location, which I have done business at since 1976. All attempts
will be made so that this establishment will meet all public health and safety
regulations. The special use on this property will only enhance all surrounding
properties. By eliminating the type of operation that exists a t this location now, will
only make the general public smile and adjacent property owners very happy. What
is now and eye sore will become a very attractive business and building, that will fit
in with the new Brooklyn Boulevard. This development will not impede any other
development in Brooklyn Center. This location has been an old style service
station since 1956. As a small point of interest, I purchased this location from my
old boss. I worked there my 10th thru 1't1'� grades of High School. The problem is
it still looks the same as it did in 1967 when I worked there. One of my main
concerns was how to screen the residents from headlights and annoying traffic. I
. have come up with a retaining wall design similar to the one used on 69th Avenue.
Along with the retaining wall, berms, trees, and hedges I believe the screening is
quite good and also very attractive. I also incorporate hours of operation from 6:00
a.m. until 10:00 p.m. These hours make the location a much safer establishment
and less annoying to the surrounding public. For this site to work, only two
entrances are necessary. The Ewing Avenue and one Brooklyn Boulevard will be
closed, these areas will be enhanced with landscaping. I have always enjoyed
working with your staff members. I will meet all requirements the staff requires to
make this a successful project for myself and the City of Brooklyn Center.
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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
NOVEMBER 30, 1995
CALL TO ORDER
The Planning Commission met in regular session and was called to order by Chair Tim Willson
at 7:31 p.m.
ROLL CALL
Chair Tim Willson, Commissioners Donald Booth, Mark Holmes (arrived at 7:32 p.m.), Dianne
Reem, and Graydon Boeck. Also present were the Secretary to the Planning Commission
Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary
Carla Wirth.
Absent at Roll Call: Excused absence by Commissioners Kathryn Palm and Robert Mickelson.
APPROVAL OF MINUTES - OCTOBER 12. 1995
There was a motion by Commissioner Boeck and seconded by Commissioner Booth to approve
• the minutes of the October 12, 1995 Planning Commission meeting as submitted. The motion
passed 3-0 with Chair Willson abstaining.
CHAIRPERSON'S EXPLANATION
Chair 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.
Commissioner Holmes arrived at 7:32 p.m.
APPLICATION NO. 95013
Chairperson Willson introduced the first item of business, a request from Roland Morgan for
Special Use Permit approval to operate a home barber shop at 6115 Aldrich Avenue N.
The Secretary presented the staff report, used overhead transparencies to show the location and
detail (see Planning Commission Information Sheet for Application No. 95013, attached).
Commissioner Boeck inquired regarding whether Special Use Permits are transferrable. The
Secretary explained that technically Special Use Permits go with the property but the use would
have to operate in precisely the same manner as granted. He further explained that for the most
part, the City treats home occupations as licensing.
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Chair Willson indicated he shares this concern and would suggested that proposed condition 1
of the Special Use Permit be expanded to indicate that Mr. Morgan is the sole operator, which
would make the Special Use Permit nontransferable.
Commissioner Boeck noted the report indicates the existing driveway can hold six vehicles. He
suggested that proposed condition 3 be revised to indicate six vehicles is the maximum allowed.
The Secretary indicated this revision can be made and explained staff believes the driveway area
will be adequate if the business is limited to appointment only.
Commissioner Reem asked if Mr. Morgan must apply for and receive the State Board license
prior to operating. The Secretary indicated this is correct and explained that the State will also
inspect.
Commissioner Holmes asked if Mr. Morgan will be erecting a sign. The Secretary responded
that Mr. Morgan is not proposing any signs but with the Special Use Permit he would be entitled
to (with a sign permit) a 2.5 square foot sign.
PUBLIC HEARING APPLICATION NO. 95013)
Chairperson Willson asked for a motion to open the public hearing on Application 95013 at 7:45
P.m.
There was a motion by Commissioner Boeck and seconded by Commissioner Booth to open the
public hearing. The motion passed unanimously. .
Tom McCutchan, 6131 North Aldrich, stated he has been a neighbor to Mr. Morgan since 1953
and found him to be a solid member of the community and good businessman. Mr. McCutchan
stated he has no objection to this request and believes it is a good option for retired residents and
should be encouraged.
Mr. Morgan stated he had nothing to add.
CLOSE PUBLIC HEARING
There was a motion by Commissioner Booth and seconded by Commissioner Reem to close the
public hearing at 7:45 p.m. The motion passed unanimously.
ACTION RECOMMENDING APPROVAL OF APPLICATION NO. APPLICATION 95013
There was a motion by Commissioner Booth and seconded by Commissioner Holmes to
recommend approval of Application No. 95013 submitted by Roland Morgan for a Special Use
Permit, subject to the following conditions:
1. This Special Use Permit is granted only for a home barbershop to Roland A. Morgan
as the sole operator. The use may not be altered or expanded in any way without
first securing an amendment to this special use permit.
2. This Special Use Permit is subject to all applicable codes, ordinances, and Is
regulations. Any violation thereof may be grounds for revocation.
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2. This Special Use Permit is subject to all applicable codes, ordinances, and regulations.
Any violation thereof may be grounds for revocation.
3. All parking associated with this home occupation shall be off-street on improved space
provided by the applicant for a maximum of six vehicles.
4. The hours of operation shall be between the hours of 9:00 a.m. and 5:00 p.m.,
Monday through Friday. Customers shall be served on an appointment-only basis.
5. The applicant shall install a smoke detector and fire extinguisher in the area of the
home occupation, and shall provide extended handrails leading to the basement area.
6. A current copy of the applicant's State license shall be submitted to the City prior to
the issuance of the Special Use Permit.
Voting in favor: Chairperson Willson, Commissioners Booth, Boeck, Holmes and Reem. The
motion passed unanimously.
The Secretary noted that this application will be referred to the City Council at the December 11,
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.
• 1996 MEETING SCHEDULE (PROPOSED)
The Secretary distributed and reviewed the proposed meeting schedule for 1996, noting meetings
in January and February, 1996, are scheduled on Wednesday since he has a scheduling conflict.
Chairman Willson noted a conflict on the fourth Wednesday of the month with the Charter
Commission. As a member of that Commission, he indicated he will be unable to attend the
January and February, 1996, study sessions.
The Secretary noted there is nothing on the December agenda at this time and recommended it be
canceled. The Commission concurred. The next Brooklyn Center Planning Commission meeting
will be held on January 10, 1996, at which time the Chair and Chair Pro Tem will be elected.
OTHER BUSINESS
Appointments
The Secretary noted three seats (Commissioners Booth, Holmes and Palm) are open for
reappointment and all current members have expressed interest in reappointment.
It was noted that Commissioner Mickelson has not attended the last few meetings. The Secretary
advised this is due to a job conflict. Chair Willson stated he will contact Commissioner
• Mickelson and ask what he foresees in his schedule for 1996.
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• 63rd Avenue
Commissioner Reem requested an update regarding 63rd Avenue. The Secretary advised that
Randy Rau hired an architect but was not satisfied with those plans. He explained that Mr. Rau
is planning a gas station with drive-up on both sides; however, there is a conflict because the
property abuts residential property on the north side of 63rd Avenue.
The Secretary noted the Brooklyn Boulevard Task Force recommends looking at an overlay
ordinance to allow gas stations in areas that abut residential contingent upon providing more
extensive berms and landscaping. The Secretary stated he expects Mr. Rau will ask the Planning
Commission to consider that type of arrangement.
Country Store Prop
Commissioner Reem requested an update regarding the old Country Store building. The Secretary
advised that staff has contacted developers to spur interest and one has indicated interest for
another type of operation.
Commissioner Reem stated that she had heard the comment that there is speculation this could be
the location of a new City Hall. The Secretary stated he is not aware of any plans but there has
been some discussions and a community survey made regarding park improvements, expansion
of the City Hall, Police Department and Fire Station.
Commissioner Reem stated she thinks it would be a good site for a grocery store.
• ADJOURNMENT
There was a motion by Commissioner Boeck and seconded by Commissioner Booth to adjourn
the meeting of the Planning Commission. The motion passed unanimously. The Planning
Commission adjourned at 8:04 p.m.
Chairperson
Recorded and transcribed by:
Carla Wirth
Timesaver Off Site Secretarial
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