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HomeMy WebLinkAbout1998 05-14 PCP PLANNING COMMISSION AGENDA • CITY OF BROOKLYN CENTER MAY 14, 1998 REGULAR SESSION 1. Call to Order- 7:30 p.m. 2. Roll Call 3. Approval of Minutes -April 30, 1998 4. 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. • 5. Economic Development Authority 98008 Request for Preliminary Plat approval to create sixteen new single family residential lots and two outlots on 6.48 acres of land located between 4th Street North and Bryant Avenue, north of 53rd Avenue. 6. City of Brooklyn Center 98009 Request for Site and Building Plan approval and a Special Use Permit to construct a new fire station at the southeast corner of 63rd Avenue and Brooklyn Boulevard. 7. City of Brooklyn Center 98010 Request for a Variance from Section 35-400 to allow a 35 ft. building setback rather than a 50 ft. building setback required along a major thoroughfare. 8. Other Business 9. Adjournment 1 • t Application Filed On 4-23-98 • City Council Action Should Be Taken By 6-22-98 (60 Days) Planning Commission Information Sheet Application No. 98008 Applicant: Economic Development Authority Location: 53rd Avenue North Between 4th Street North and Bryant Avenue Request: Preliminary Plat The Economic Development Authority (EDA) of the City of Brooklyn Center is seeking preliminary plat approval to create 16 new single family residential lots and two outlots out of the property which was recently acquired and cleared, located between 4th Street North and Bryant Avenue North, north of 53rd Avenue. The property in question is zoned R-2 (One and Two Family Residence)except for approximately 25,000 sq. ft. of land located at the northeast corner of 53rd and Camden Avenues that is zoned R-4 (Multi-Family Residence) and was the former location of two four-plexes. The area is bounded by 4th Street North on the east; 53rd Avenue on the south; Bryant Avenue on the west; and by a number of single family homes and Bellvue Park on the north. Camden Avenue runs north and south through the approximate center of the property under consideration. The EDA acquired and cleared 28 residential lots within the past year for the purpose of creating • a parkway like greenstrip amenity along 53rd Avenue and new housing in this area. The proposed plat calls for dedication of 50 ft. of right-of-way for a new east west roadway to be known as Bellevue Lane which will connect with 4th Street on the east and will end in a cul-de- sac between Camden and Bryant Avenues. The plat,to be known as the Bellvue Lane Addition, will create 16 single family lots ranging in size from 10,211 sq. ft. to 19,822 sq. ft. with the average size being just a little over 12,000 sq. ft. in area. The minimum requirements for a single family lot in a R-2 zone are 60 feet in width and 7,600 sq. ft. in area for an interior lot and 75 feet in width and 8,750 sq. ft. in area for a corner lot. Most of the interior lots in the proposed subdivision are 80 feet in width with the two corner lots being 90 feet. The lots around the cul- de-sac are all at least 60 feet in width at the front setback line. A portion of Bellvue Park will become part of the newly created lots and the new Bellvue Lane. Outlots A and B will be the 50 foot wide greenstrip, landscape or parkway area separating the new lots from the existing 53rd Avenue North. The City has had numerous meetings to discuss the landscaping and proposed housing in this area and the neighborhood is in support of the project. Mr. Tom Bublitz, Community Development Specialist,will be in attendance at Thursday's Planning Commission meeting to review the project plan for the parkway greenstrip and the plans and timing for construction of the new homes in this area. 5-14-98 Page 1 • Neighborhood street improvement projects including sanitary sewer, water, storm sewer and curb and gutter will be constructed this summer for 4th Street North, Camden and Bryant Avenues. The new Bellvue Lane will be constructed as well. Sanitary sewer and water will be installed in Bellvue Lane along with storm sewer for the new development. The City Engineer is reviewing the preliminary plat for roadway and utility extensions and may make additional comments as well. Existing homes to be located on the north side of the proposed Bellvue Lane will continue in their present location with new accesses to their garages to be provided off the new street. Five foot wide drainage and utility easements are to be provided around the interior lot lines with ten foot wide easements on the front and rear lot lines. A 35 foot wide easement will be provided on the very east end of the plat over the proposed Lot 7, Block 2. This contains existing utilities and is a portion of 4th Street that will be vacated. Building setbacks for a principal building are 50 feet where it abuts with I-94 right-of-way(a major thoroughfare). A 20 foot wide drainage and utility easement, 10 feet each on Lots 2 and 3, Block 1, are proposed to accommodate sanitary sewer and water running between Bryant Avenue and the new Bellvue Lane. A 10 foot wide easement, 5 feet each on Lots 1 and 2, Block 1,will accommodate a 15 inch storm sewer line running between Bryant and the new Bellvue Lane. A matter that has been unintentionally overlooked until now is the need to rezone the approximate 25,000 sq. ft. area of land at the northeast corner of 53rd and Camden Avenues from its current R-4 zoning designation to R-2,which is the predominant zoning in this area. As indicated previously,there have been a number of neighborhood meetings to determine the best • way to redevelop this area, and this plat meets that criteria. We will need to go through a rezoning hearing process to accomplish the necessary rezoning and a separate application will be brought before the Planning Commission on June 11, 1998. In the meantime, the plat can go forward, however, no building permits could be issued over the proposed Lots 1, 2 and 3, Block 2 until the rezoning process is complete. The total area comprehended in this plat is 6.48 acres. This is below the threshold for requiring Watershed Commission review of the plat. A public hearing has been scheduled for this preliminary plat and notice of the Planning Commission's consideration has been published in the Brooklyn Center Sun/Post. RECOMMENDATION The proposed preliminary plat appears to be in order and approval of this application is recommended subject to at least 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 provisions of Chapter 15 of the City Ordinances. 5-14-98 Page 2 . 3. Approval of this plat acknowledges the need to rezone the proposed Lots 1, 2 and 3, Block 2 from R-4 to R-2. The platting process may proceed, however, no building permits for said lots may be issued until the rezoning process has been completed. • 5-14-98 Page 3 LE IM=ll_ __ __ ��� • law man r 'ME Nn-WMN! S __ __ __ t_ tm_ f __ _ mm __ __ MM OPTIT. Tim mm M mm MM VIA mm m MM t _ _ ■ __ __ mm MM M MEN __ _ _■ _ __ mm so __ mm mm mm __ :�. ■ mm mm MIM MIM _ ■mow = -- _ ■ ■ i 1 fllTUfT avxwx K7 xaET— �•�: Y •f.,,• m 3 • I 1 F -A l It _— t FQ 1''"• �- �-r 1� m 'Ey9Q �• ., ' ...........wrlr�.-•. :.� c gg f:Ii r Kaxn• _; I^ :.�....w- '••-'"'�'. ,'� ........ cr r , $n t --Jkk q / � � $� : � �9 . YI �I �-' -.•�;:- _�' _ � `'fay +� / ., lI ` Low -, g r lit NiN. M y ■ a e �E • s • Application Filed on 4-27-98 City Council Action Should Be Taken By 6-26-98 )60 Days) Planning Commission Information Sheet Application No. 98009 Applicant: City of Brooklyn Center Location: 6250 Brooklyn Boulevard Request: Special Use Permit/Site and Building Plan Approval The City is seeking site and building plan approval and a special use permit to construct a new 16,800 sq. ft. fire station at the southeast corner of 63rd Avenue and Brooklyn Boulevard(6250 Brooklyn Boulevard). The property in question is zoned R-1 (One Family Residence) and the fire station is considered a special use under the category of"publicly owned structures"as provided for in Section 35-310, Subdivision 2e of the zoning ordinance. The subject site is bounded on the north by 63rd Avenue with the Rainbow store and other commercial developments on the opposite side of the street; on the east by single family homes facing 63rd Avenue and Chowen Avenue; on the south by a single family home at 6234 Brooklyn Boulevard; and on the west by Brooklyn Boulevard with the Boulevard Shopping Center on the opposite side of the street. . The City has recently acquired the home at 6236 Brooklyn Boulevard. This property combined with city-owned property containing the current liquor store/fire station building and the public utility building and well house to the south will be the site of the new fire station. The liquor store will be relocating to the other side of Brooklyn Boulevard in leased spacq. The liquor store/fire station building will be demolished as will the public utility building,well house and the house at 6236 Brooklyn Boulevard to make room for the new fire station. The City will combine these properties into a single lot through the platting process in the near future. ACCESS/PARKING The plan calls for two accesses to the site, one at the northeasterly comer of the property onto 63rd Avenue at approximately the present location for the fire department curb cut. This driveway will be reduced in size to approximately 45 feet in width and be shifted slightly to the east. The current access serving the liquor store will be closed. The second access is on Brooklyn Boulevard at the southwesterly comer of the site and the southerly portion of the access opening will be about where the driveway is for the house at 6236 Brooklyn Boulevard. This will be a large access (approximately 50 feet at the narrowest point with a large taper)to accommodate the movement of fire vehicles coming into the site. The access currently serving the liquor store/fire station and the public utility building and well house will be closed. It is my understanding that Hennepin County has reviewed the access plan for Brooklyn Boulevard and it is acceptable. It is also my understanding that the Brooklyn Boulevard median will be extended • 5-14-98 Page 1 further to the south, although left turn movements from south bound Brooklyn Boulevard to the fire station will be accommodated. The building will be located approximately in the center of the site. We consider the use of the property to be a service/office type use and we utilize the C-1 requirements for parking, setbacks, buffering, screening and landscaping. The building will be 16, 800 sq. ft. of which 6,800 sq. ft. will be for the apparatus room (garage) and the well house and chlorine room for the city well. The well will continue to be located in the same place, but will be housed on the east side of the apparatus room in the fire station building. The balance of the building will be made up of office,training rooms, kitchen, rec room, PE room, four sleeping rooms for firefighters on overnight watch, locker rooms, laundry,hose tower, mechanical and storage areas and a lobby. Considering the service/office parking formula for the remaining 10,000 sq. ft. area would require 50 parking spaces at one parking space for every 200 sq. ft. of gross floor area. The plan shows 43 parking spaces, three of which are handicapped. There are a total of 40 volunteer firefighters on the Brooklyn Center fire department for the two fire stations. The Fire Chief has indicated that the maximum turn out including reserves is 22 persons per station. Even if every regular firefighter were to turn out with their own vehicle,there would be enough parking spaces on this site to accommodate them. Training will be conducted at this site as well, but again,the proposed parking should be sufficient. It should be noted that most of the parking stalls shown on the plan are ten feet wide,while 8 ft. 8 in. is the allowable width provided for in the zoning ordinance. In addition,there is more area to put more parking stalls on the east side of the property. It is possible to have at least 55 parking spaces on the site. Parking,therefore, is not considered to be a problem and should be appropriate for this use. SETBACK AND BUFFER The building is proposed to be set back 35 feet from the Brooklyn Boulevard property line. Brooklyn Boulevard is a major thoroughfare requiring building setbacks of 50 feet. Application No. 98010 is a variance request to allow a 35 ft. rather than 50 ft. building setback and the review of that matter is detailed in the information sheet for that application. Basically,the fact that the Brooklyn Boulevard study of a couple years ago recommends closer building setbacks to Brooklyn Boulevard for non-residential structures is the reason why we are pursuing the variance request at this time. There is a 35 ft. greenstrip provided on the plan which meets the ordinance required greenstrip for a C-1 use on a major thoroughfare. This also fits in well with the Brooklyn Boulevard study that encourages making use of landscaping on private property as well as the Boulevard right-of- way area. C-1 uses are required to provide 15 ft. buffer areas where they abut R-1 zoned property at a property line. These buffer areas are provided on the south and west sides where such abutment exists. A 15 ft. greenstrip is also provided along the 63rd Avenue right-of-way. 5-14-98 Page 2 DRAINAGEIGRADING/UTILITIES Drainage on the site is generally from west to east. B-612 curb and utter will be provided g around the driving and parking areas. A new 12 inch storm sewer is proposed on the east side of the property with three catch basins draining into it. The storm sewer will connect into existing storm sewer in 63rd Avenue. An existing water main will have to be abandoned and relocated as it would be located under the proposed new building. A new 16 inch water main will be constructed around the east and south end of the building and connect to existing water main. This 16 inch water main will also connect to the city well service. A four inch domestic service and a six inch fire line will connect to the building on the south side. Sanitary sewer will be provided to the north side of the building from 63rd Avenue. The City Engineer is reviewing the plans and may offer additional comments. The site is two acres, less than the five acre threshold for Watershed Commission review,therefore, no such review is required. LANDSCAPING A landscape plan has been submitted in response to the landscape point system used to evaluate such plans. This site is two acres in area and requires a minimum of 200 landscape points. The landscaping plan presented shows a total of 422.5 landscape points based on a variety of plantings including shade trees, evergreen trees, ornamental trees, coniferous shrubs, deciduous shrubs and perennials. A total of 16 shade trees are provided, generally in groups of two or three. Six Sugar Maple trees are planned, three at the southwesterly comer of the building in the 35 ft. greenstrip area between the building and Brooklyn Boulevard. The other three are located northerly of the building in a large greenstrip area along 63rd Avenue. Three White Pine are clumped together between the building and Brooklyn Boulevard in the same greenstrip area and three Pin Oak are located in a landscape cluster area at the corner of Brooklyn Boulevard and 63rd Avenue. Four Hackberries are located on the perimeter greenstrip on the east side of the property, two to the north end and two in the southeast corner. Six Tatarian Maple ornamental trees are provided,three in a cluster in the south greenstrip separating the southerly parking lot and the single family home to the south and three about in the middle of the easterly greenstrip. Twenty-four evergreen trees are interspersed primarily in the south and east greenstrip areas to assist in providing screening of the residential properties from the fire station and parking lot. Seven Colorado Spruce are provided in these areas and on the 63rd Avenue greenstrip. Eleven Austrian Pine are generally clumped in groups of three as well as six White Pine, again in the greenstrip separating the residential properties from the site. Isanti Dogwood and Arrowwood Viburnum are used to create a lower lying continuous shrub that is between the evergreen and shade trees in these greenstrip areas. Dwarf Winged Euonymus, Savin Juniper and Snowmound Spirea are shrubs grouped in front of the patio area along Brooklyn Boulevard. Alfredo Viburnum, Stella Daylily, Hughes Juniper, . 5-14-98 Page 3 Autumn Sedum, and Fragrant Sumac are clustered in a circle around a proposed monument sign at the corner of 6')rd and Brooklyn Boulevard. The remaining shrubs include Tauton Yew, Dwarf Honeysuckle and Alfredo Viburnum, and are clustered around the entrance area along the north side of the building. All in all the landscape plan well exceeds the minimum landscape point requirements and appears to be an appropriate plan. It should be noted that when a C-1 type use abuts an R-1 zoned property at a property line, a screening device must be located within the protective buffer strip. The ordinance calls for either an opaque fence or wall or a Council approved substitute. The screening device must be designed to be in harmony with the residential neighborhood and provide sufficient screening of the C-1 area. Also, the zoning ordinance requires that all open off street parking areas having more than six parking spaces and all loading and unloading areas be effectively screened from view from any abutting residential lots with a solid or opaque fence at least six feet high or such other device as may be approved by the City Council. A determination should be made as to whether or not the landscape plan provides sufficient screening to meet these requirements. BUILDING As mentioned previously,the building is to be located in the approximate center of the site. The building elevations have been submitted showing the building exterior. Perhaps the most prominent feature is the hose tower that extends above the general height of the building. This has a peaked roof and is approximately 40 feet high. The purpose of the hose tower is to hang the fire hoses so they dry. The fire hoses are 50 feet in length and they are overlapped and hung in the hose tower area to dry. A total of eight overhead doors will service the apparatus room with four doors each located on the northerly and southerly sides of the building. The building exterior will be a precast concrete, which will be a sandy color with both a light and medium acid itch treatment which will provide the appearance of two colors. The overhead doors and regular doors and window frames will be bronze. Red accent lights will be located between the overhead doors and by the main door leading into the lobby. LIGHTING/TRASH The trash area will be enclosed and located at the southeast corner of the building. Lighting will be on ten light poles,two in the south parking lot, five along the east side of the site and three by the north parking lot area. The height of the poles is not indicated on the plan, however, the Fire Chief has assured me that the lights will be shielded and directed away from the residential area. SPECIAL USE STANDARDS A public hearing is scheduled for this special use permit and notices have been sent. Attached for the Commission's review is a copy of Section 35-220 containing the five standards for special use permits. As indicated previously, the fire station is a special use in the R-1 zone 5-14-98 • Page 4 under the category of a publicly owned structure. The existing fire station has been on this • corner since approximately 1959. We believe that the continuation and expansion of the fire station in this location will not be detrimental to or endanger the public health, safety, morals or comfort. Furthermore, we do not believe that the use will be injurious to other'property in the immediate vicinity nor will it diminish or impair property values within the neighborhood. We believe that adequate measures have been or will be taken to provide proper ingress and egress as well as parking, and the site is laid out in such a manner as to minimize traffic congestion on the public streets. The fire station use, we believe, in all other respects,conforms to the applicable regulations of the district in which it is located. As previously noted, we consider the fire station to be a service/office type use and the C-1 district requirements have been applied in this case. It should be noted, however, that for this application to proceed in the manner in which it is presented, the City Council will have to approve the setback variance contained in Application No. 98010. RECOMMENDATION Altogether we believe that the plans and special use permit appear to be in order, subject to the recommendation of a variance under Application No. 98010. Any approval should be subject to at least 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 P lans are subject to review and a pproval by the City Engineering Department prior to the issuance of permits. 3. Any outside trash disposal facilities and/or rooftop mechanical equipment shall be appropriately screened from view. 4. 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. 5. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city ordinances. 7. B-612 curb and gutter shall be provided in all driving and parking areas. 5-14-98 Page 5 8. An as-built survey of the property, improvements and utility service lines shall be provided to the City Engineering Department. 9. The landscape screening plan submitted with this application is deemed to be appropriate screening meeting the intent of the city ordinance for screening between a service/office type use and R-1 zoned property. 10. 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Section 35-2-0. SPECIAL USE PERMIT.; 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. S. 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. Application Filed On 4-27-98 • City Council Action Should Be Taken By 6-26-98 (60 Days) Planning Commission Information Sheet Application No. 98010 Applicant: City of Brooklyn Center Location: 6250 Brooklyn Boulevard Request: Variance The City is seeking a variance from Section 35-400 of the city ordinances which requires a 50 ft. building setback for structures located along a major thoroughfare. Application No. 98009 comprehends the site and building plan and special use permit for a new fire station in an expanded location at the southeast corner of 63rd and Brooklyn Boulevard. Essential to that plan is allowing the building to be built at a 35 ft. setback rather than the 50 ft. required setback. Thirty-five feet is the standard front yard setback for buildings along a non-major thoroughfare. One of the reasons for proposing the 35 ft. building setback is the attempt to incorporate the city well in the proposed fire department building. It is a very expensive proposition to relocate the existing well. This, along with the fire department needs,have dictated the shape and location of the building on the property. • Another factor leading to the setback variance request is the two Brooklyn Boulevard studies undertaken by the City over the past few years which have provided various recommendations as to ways to encourage improved redevelopment along Brooklyn Boulevard. One study was the Brooklyn Boulevard Redevelopment Study of 1993 and the other was the Brooklyn Boulevard Streetscape Amenity Study of 1994. Both of the studies recommended that the City allow non- residential buildings in the Brooklyn Boulevard corridor to be built closer to the street than the current required building setback. One study even favored the City establishing a specific building setback line closer than the current required setback that would be required for all buildings in order to provide enclosure and a continuous public facade. The amenity study, which was not quite as rigid,recommended locating non-residential buildings. or parts of non- residential buildings, close to the edge of street right-of-way and to increase the land intensities in the Brooklyn Boulevard corridor. It further recommended only allowing no more than one bay of parking between the sidewalk and the building if the building is back from the right-of- way. Building setbacks not separated from the street by parking should be landscaped. It also recommended the increase of land densities in the Brooklyn Boulevard corridor and encouraged higher density developments which are located closer to the street. Allowing setbacks to be closer to the street right-of-way line also provides for a better utilization of lots that lack depth off of Brooklyn Boulevard. . 5-14-98 Page 1 We have contemplated and will be pursuing an overlay ordinance that will incorporate these • Brooklyn Boulevard recommendations and it is likely that the non-residential setbacks may be completely eliminated. In effect what is being requested in this application is an interim variance until the regulations are adopted. We are encouraging plans that provide more landscaping, greenstrips and less parking between buildings and the street right-of-way, if possible, along Brooklyn Boulevard. The Rainbow development on the north side of 63rd Avenue with the two buildings close to Brooklyn Boulevard and landscaping between them and the street follows that model, although 50 ft. building setbacks were maintained. There is expanded landscaping and limited parking between the street and Walgreen's, while no parking and landscaping and a pond are between the Hollywood Video building and Brooklyn Boulevard. Again, we are encouraging non-residential buildings to be closer to Brooklyn Boulevard and more landscaping and less parking on the boulevard. The fire department plan accomplishes this. Variances can be granted by the City Council upon a determination that the standards for variance are met. Interim variances have been granted in anticipation of changing requirements. There is always concern with any variance that a precedent will be set. The only precedent set by the granting of the variance in question would be to allow non-residential buildings to have a 35 ft. setback rather than a 50 ft. setback along Brooklyn Boulevard and this would be consistent with the plan recommendations of the two Brooklyn Boulevard studies. The variance standards refer to physical surroundings, shape or topographical conditions creating a particular hardship as opposed to a mere inconvenience if the strict letter of the regulations were carried out. Standard B refers to variances being unique to a parcel of land and not common generally to other properties within the same zoning classification. Standard C requires that the alleged hardship be related to the requirements of the ordinance and not created by persons presently or formerly having an interest in the parcel of land. And finally, Standard D requires that a variance not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. As indicated previously,the location of the city well may create a physical condition causing a particular hardship in the building development. The situation may not be totally unique if the variance is granted, but again, the only precedent established would be to allow a 35 ft. building setback for a non-residential building along Brooklyn Boulevard, which would be consistent with the recommendations of the Brooklyn Boulevard plan. We also do not believe that the granting of the variance will be detrimental to the public welfare, in fact,the location and configuration of the fire department may well be considered a benefit to the public welfare. A public hearing has been scheduled and notices of the Planning Commission's consideration have been sent. 5-14-98 • Page 2 RECOMMENDATION • It is recommended that the Planning Commission recommend approval of the variance request to PP 4 allow a 35 ft. building setback rather than the 50 ft. major thoroughfare setback for the Brooklyn Center West Fire Station building on the basis of it being consistent with the recommendations of the Brooklyn Boulevard studies which would allow non-residential buildings to be located close to the street right-of-way along Brooklyn Boulevard and that the proposal meets the Standards for Variance particularly with respect to hardship and not being detrimental to the public welfare or injurious to other land or improvements in the neighborhood. • • 5-14-98 Page 3 miss <♦� � Ij/ 11 �\ i�� all MR all/l1I IIII 1 IIII • ; iii It hNMISS MEN - �� W �� - `�!► 1111► -v - .. -.• ���/I Its ������������1� � 1111 , " � ��� �� ��� ,A ,����� �f/��!/r► �♦���%'•r,;y' . mm 111►� �(�� ■���(���/ ♦� � WN ����1 .,.. , ���� ■���r� a Islas ♦, . '°s� low �Irj �1�/ also ♦♦y'1 �.., WLJ UNION VIA PIP U NEW 1111.;j ff SIR ON ��(j 1111111 � � ���I � ��►���� .��;'' STANDARDS AND PROCEDURES FOR ZONING ORDINANCE VARIANCES 4 CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PARKWAY nyone contemplating a request for a variance from the Zoning Ordinance should consult with the anning staff, prior to submitting an Application to the Board of Adjustments and Appeals, for the purposes of familiarization with applicable ordinance standards and evaluation of the particular circumstances. A prospective applicant will provide documents and information, as requested by the Secretary, to the Board of Adjustments and Appeals or to the City Council. An application must be submitted fourteen (14) days prior to the regular meeting of the Board. In instances where the strict enforcement of the literal provisions of this zoning ordinance would cause undue hardship because of circumstances unique and distinctive to an individual property under consideration, the City Council will have the power to grant variances, in keeping with the spirit and intent of this ordinance. The provisions of this ordinance, considered in conjunction with the unique and distinctive circumstances affecting the property, must be the proximate cause of the hardship; circumstances caused by the property owner or his predecessor in title will not constitute sufficient justification to grant a variance. The Board of Adjustments and Appeals may recommend and the City Council may grant variances from the literal provisions of this ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique and distinctive to the individual property under consideration. However, the Board will not recommend and the City Council will in no case permit as a variance any use that is not permitted under this ordinance in the district where the affected person's land is located. A variance may be granted by the City Council after demonstration by evidence that all of the following lifications are met: �a (A) Because of the particular physical surroundings, shape, or topographical conditions of the specific parcels of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. (B) The conditions upon which the application for a variance is based are unique to the parcel of land for which the variance is based are unique to the parcel of land for which the variance is sought, and are not common, generally, to other property within the same zoning classification. (C) The alleged hardship is related to the requirements of this ordinance and has not been created by any persons presently or formerly having an interest in the parcel of land. (D) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. The Board of Adjustments and Appeals may recommend and the City Council may impose conditions and restrictions in the granting of variances so as to insure compliance with the provisions of this ordinance and with the spirit and intent of the Comprehensive Plan and to protect adjacent properties. Copies of the Zoning Ordinance may be obtained from the Administrative Office. orstions should be directed to the Community Development Department, at (612) 569-3330. Standards and Procedures for Zoning Ordinance Variances Revised 2-95 PC FOP-M NO.20(493)