HomeMy WebLinkAbout1999 03-11 PCP •
PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
March 11, 1999
REGULAR SESSION
1. Call to Order: 7:30 p.m.
2. Roll Call
3. Approval of Minutes - February 25, 1999
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 in these matters.
• 5. Brookdale Comer, LLC (John Johannson) 99002
Request for Site and Building Plan approval to redevelop the property at the southwest
corner of Xerxes Avenue North and County Road 10 with a Cub Foods Store and three
other commercial buildings.
6 Brookdale Comer, LLC (John Johannson) 99003
Request for a Variance from Section 35-400 to allow building setbacks of less than 50'
along major thoroughfares.
7. Other Business
8. Adjournment
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• Application Filed On 2-25-99
City Council Action Should
Be Taken By 4-26-99 (60 Days)
Planning Commission Information Sheet
Application No. 99002
Applicant: Brookdale Comer, LLC
Location: Southwest Comer of Xerxes Avenue North and County Road 10
Request: Site and Building Plan Approval
The applicant, John Johannson, on behalf Brookdale Comer LLC, is seeking site and building
plan approval to redevelop the property located at the southwesterly corner of the intersection of
Xerxes Avenue North and County Road 10. The property in question is zoned C-2 (Commerce)
and is bounded on the north by County Road 10 and an office building located at the comer of
County Road 10 and Brooklyn Boulevard; on the east by Xerxes Avenue with the Brookdale
Shopping Center on the opposite side of the street; on the south by Baker's Square, 56th Avenue
North and the Marquette Bank property; and on the west by Brooklyn Boulevard.
The applicant's plan calls for the demolition of the existing Westbrook Mall and Dayton's Home
Store buildings on the site and the construction of four new buildings totaling 96,275 sq. ft. Two
existing buildings, Hirshfield's (12,170 sq. ft.) and an office retail building (7,715 sq. ft.)
containing a credit union will remain. Of the four new buildings proposed for the site,the largest
will be 68,850 sq. ft. to be occupied by Cub Foods. It will be located on the southwesterly
portion of the site. The three other buildings, for which only conceptual approval is to be
considered at this time, are composed of a 14,550 sq. ft. retail building labeled"retail A"which
would be located northerly of, and parallel to, Hirshfield's; a 10,500 sq. ft. retail building,
labeled"retail B" located at the northwest corner of the site; and a 3,325 sq. ft. building labeled
"fast food"which would be located near the main entrance to the site off County Road 10.
Conceptual approval only comprehends the location and square footage of these buildings.
When details, such as building elevations,materials and a user in the case of the fast food
building,which will require a special use permit, are prepared these matters will need to be
brought back before the Planning Commission and City Council for review and approval.
The layout of the Cub Store proposes a 40 ft. building setback from the Brooklyn Boulevard
right-of-way and the layout of retail building B proposes a 35 ft. setback from the County Road
10 and Xerxes Avenue rights-of-way. These streets are all classified as major thoroughfares and
building setbacks off major thoroughfares are 50 ft. per Section 35-400 of the zoning ordinance.
The applicant, under Planning Commission Application No. 99003, is seeking a variance from
the major thoroughfare setback requirements and is requesting that the typical 35 ft. building
setback be allowed for these buildings. The primary justification for this request is that similar
variances have recently been granted by the City. We will take up this request separately when
we consider the companion Application No. 99003.
3-11-99
Page 1
s,
ACCESS/PARKING
Access to the site is to be provided at four locations,one each on County Road 10,Xerxes
Avenue, 56th Avenue and Brooklyn Boulevard. The Xerxes Avenue and 56th Avenue accesses
will remain unchanged. The access on County Road'10 will remain in the same general location
but will be modified to be widened to provide a concrete delineator separating in and out traffic.
A right turn in lane will be created and accommodated at this location as well. The applicant has
presented a plan to and received approval from Hennepin County to provide a left turn in median
break at this location also. A new right turn lane from east bound County Road 10 to south
bound Xerxes Avenue will also be part of the roadway improvements that the applicant will be
responsible for. This will require the relocation of the six foot sidewalk in this location. An
existing access on Brooklyn Boulevard currently serving Westbrook Mall will be closed and
relocated to the southwest corner of the site. This is also a right-in/right-out access that will
primarily serve the loading area for the Cub Store. It must remain open to satisfy an existing
cross access agreement between Westbrook and the Marquette Bank,which has access to the
site.
The plans submitted show 637 parking spaces for.the complex. A new parking configuration is
to be provided that calls for 90 degree parking stlls throughout the complex. The parking area
around the existing buildings will also be modified to provide 90 degree parking rather than the
existing angle parking. New concrete delineators are to be provided to define the new layout.
B-612 curb and gutter will be provided around the driving and parking areas. The required 15 ft.
greenstrips are also provided around the site. The plan calls for concrete delineation to define the
main driving lane from County Road 10 through the center of the site. This drive lane will be 30
ft. in width. 1.
The amount of parking spaces provided on the plan is two short of the required 639 parking
spaces based on 5.5 parking spaces per 1,000'sq. ft'.`of gross floor area(the plan shows 5.49
spaces per 1,000 sq. ft. of gross floor area). There is the ability to provide these two additional
parking spaces on site should they be needed. This would be in the area where concrete
delineation is generous. Therefore,we believe the required parking ratio is met. As a note of
interest, we would recommend that the entire square footage for the complex be used in allowing
up to 15 percent of the gross floor area to be utilized in restaurant space without requiring
additional parking based on the restaurant parking formula which calls for parking based on seats
and employees (up to 17,416.5 sq. ft. could be devoted to restaurant space).
Cart storage will be inside the building. A depressed curb will be located in front of the building
by the main entrance and exit to allow grocery carts to be pushed into the parking lot(similar
feature as Rainbow's). There will be collection points for carts in the parking lot(not shown on
the plan). However, carts are to be regularly collected'and brought into the building.
3-11-99
Page 2
• As mentioned previously,there is a right-in/right-out access to the site from Brooklyn Boulevard.
This will primarily serve as an access for service and delivery vehicles to the rear of the building.
Loading docks are located in two locations on the south side of the building and in one location
on the west side of the building. We believe it is important to provide screening of the dock
locations and recommend that masonry walls, matching the building exterior, be provided for
loading docks and trash compactor areas. The pattern for delivery vehicles will be, for the most
part, counter clockwise around the building. The drive lane next to the westerly loading dock is
too narrow to provide for two way traffic. Signing will be necessary to indicate one way traffic
in this area. It is also recommended that signs be.established to discourage customer traffic in
this area as well.
GRADINGIDRAINAGE/UTILITIE S
The applicant has provided a grading;drainage and utility plan which is being reviewed by the
City Engineer. He has provided us with a memo dated February 22, 1999, with his comments
with respect to the plans submitted thus far. He notes that the basic layout of the grading plan
and utility plan appear to work. There are existing utilities on the site and the applicant is
proposing to take as much advantage of this fact as they can. New storm sewer will need to be
constructed in the parking lot north of the Cub Foods site as well as in the new parking lot
between buildings A, B and the fast food site. Additional storm sewer will need to be
constructed along the south portion of the Cub building in the loading area. All of this will tie
into existing storm sewer located between the existing Hirshfield's and the other retail building
on Xerxes. Some existing storm sewer in the east parking lot will remain and be tied into new
storm sewer.
Portions of the existing sanitary sewer and water lines will need to be abandoned while the
applicant proposed to utilize some of the existing services. A new water line connecting into
Xerxes Avenue will be constructed north of retail building A and the Cub building and will loop
around the Cub building and will tie into the existing water line south of the Hirshfield's
building. New sanitary sewer will be installed to serve the fast food building, retail building B
and retail building A which will tie into existing sanitary sewer on the site. The Cub building
will tie directly into existing sanitary sewer located to the east of the building.
The site is 12.859 acres and is subject to Shingle Creek Watershed Management Commission
review and approval. This area is serviced by the recently constructed Shingle Creek Regional
Pond and no on-site water retention is required. However,the Watershed Commission still must
review the details relating to storm water management.
LANDSCAPING
The applicant has submitted a landscape plan in response to the landscape point system used to
evaluate such plans. This 12.859 acres site requires 812 landscape points. The applicant's
• 3-11-99
Page 3
proposal is to retain as much existing landscaping as possible and to supplement this with new i
landscaping. The landscape plan is generous and provides 1,768 points, 800 of which would be
in shade or over story trees, 372 points in evergreen or coniferous trees, 81 points in ornamental
trees and 515 points in shrubs. The landscaping is spread out evenly over the area with shade
trees and ornamental trees along with coniferous trees and shrubs along the County Road 10
greenstrip as well as the Xerxes Avenue greenstrip. Island areas and concrete delineators
denoting driveways also contain shade trees and shrubs and in some locations,coniferous and
decorative trees as well. Of particular interest is the landscaping proposed for Brooklyn
Boulevard near the newly relocated entrance. A grouping of four shade trees and four evergreen
trees are located in this area along with a number of shrubs. The grade differential in this area
requires the applicants to install a retaining wall all along the greenstrip adjacent to Brooklyn
Boulevard. A gap of landscaping exists next to the parking lot,the reason being the location of
existing idewalk on an easement in this area as well as the need for the retaining wall. As
g facilities at
mentioned previously,we are concerned with screening of the loading dock and trash fa
the rear and to the west of the building. We have recommended the extension of screen walls, in
material matching the proposed building walls to screen out truck docks as well as trash
compactors. This is a sensitive area because of our concern for aesthetics along the Brooklyn
Boulevard corridor.
The'types of shade trees listed in the planting list, and which would be located around the site, i
include Common Hackberry, Swamp White Oak, Summit Ash and Northwood Red Maple.
Decorative trees include River Birch,Allegheny Serviceberry, Snowdrift Crab,Red Splendor
Crab and Japanese Tree Lilac. Coniferous trees include Black Hills Spruce,Austrian Pine and
Colorado Green Spruce. Shrubs will be Bush Honeysuckle,Anthony Waterer Spirea,Nearly
Wild Rose, Red Twigged Dogwood, Compact American Cranberry Bush Viburnum, Carefree
Beauty Rose and Red Sprite Winterberry. Underground irrigation is required in all landscape
areas to facilitate site maintenance.
BUILDING
The only building exteriors being provided at this time are for the Cub Store. As mentioned
previously, only conceptual approval is being granted at this time for the three other buildings
noted on the plan as "retail A","retail B"and"fast food". The building exterior for the Cub
building is primarily a Concrete Masonry Unit(CMU)which is an integral,pre-finished
decorative block. The building is highlighted at the main entrance area with an E.I.F.S.
(Exterior Insulated Foam System) as a decorative area by the canopy and other decorative
locations along the front wall. The color is the color standard for most Cub stores,which is
generally a tan and brown finish,the E.I.F.S. will be a reddish burgundy color.
LIGHTING/TRASH
3-11-99
Page 4
The applicant has submitted a lighting plan indicating compliance with city ordinances. It shows
foot candles which do not exceed the standards outlined within the ordinance. The plan calls for
18 double light fixtures on a 40 ft. high pole at various locations around the parking lot. Two
single mounted lights are located on 30 ft. high poles to the rear of the Cub building. The light
fixture is a cutoff shoebox type fixture which will direct light primarily down onto the site. As
always, our concern is that lighting on the site not exceed the standards contained in the zoning
ordinance or create glare off-site. It appears that the lighting plan provided is acceptable.
The applicant's plan shows the location of trash compactors in the loading areas to the rear of the
building. As mentioned previously,these facilities should be screened from view using a
masonry screening device to match the existing building.
RECOMMENDATION
Altogether the plans appear to be in other. As mentioned,the applicant has requested a variance
from the major thoroughfare setback requirements which is the subject of Application No.
99003. Any approval of this application should coincide with recommendations for the variance
or modifications to the plan indicating compliance with setback requirements. Approval is
subject to at lease the following conditions:
i
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 City
Engineer prior to the issuance of permits.
3. A site performance agreement and supporting financial guarantee in an amount to be
determined based on cost estimates shall be submitted prior to the issuance of permits
to assure the completion of site improvements.
4. Any outside trash disposal facilities and rooftop or on-ground mechanical equipment
shall be appropriately screened from view.
5. The buildings are 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.
3-11-99
Page 5
8. B-612 curb and gutter shall br provided around all parking and driving areas with the
exception of the front entrance area where this may be waived to assist grocery cart
maneuverability.
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 owner 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 city Engineering Department.
12. Storm water drainage system shall be approved by the Shingle Creek Watershed
Management Commission prior to the issuance of permits.
13. All work performed and materials used for construction of utilities shall conform to
the City of Brooklyn Center's current standard specifications and details.
14. The final plat approved by the City Council combining this site into a single lot shall
be filed with Hennepin County prior to the issuance of building permits.
relocation of driveways along 15. Construction and y g County Road 10 and Brooklyn
Boulevard are subject to the issuance of driveway permits from Hennepin County.
16. The cost for roadway improvements including median breaks,relocated driveways
and turn lanes shall be born by the applicant.
17. Approval of this application is contingent upon the granting of Variances from the 50'
major thoroughfare setback comprehended by Planning Commission Application No.
99003.
3-11-99
Page 6
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MEMORANDUM
DATE: February 22, 1999
TO: Ron Warren, Planning and Zoning Specialist
FROM: Scott Brink, City Engineer
SUBJECT: Cub Foods Plan Review
(Brooklyn Boulevard at County Road 10)
I have reviewed a set of plans submitted for the proposed Cub Foods site at Brooklyn Boulevard
and County Road 10. While much of the grading and utility information is incomplete at this
time, I can offer the following comments:
Traffic/Access
The plan essentially appears to be in conformance with the requirements of Hennepin County as
we discussed and reviewed with them last year. A required left turn lane in the County Road 10
median and an additional right turn lane are shown. Hennepin County will require a permit, and
probably additional design information as well. The amount of median space available to
construct a left turn lane along with available stacking distance needs to be verified further.
Assuming Council approval of the development, the City would handle permits with Hennepin
County. Improvements to the County Roadways would be performed by the City(approved by
the County) and assessed to Cub. Since benefit may be hard to prove for other properties, it
appears likely that Cub would foot most of, if not all of the costs.
Traffic in and out of the site from Brooklyn Boulevard will be limited to a right-in right out
rrwvfinent. A single entrance from Brooklyn Boulevard is shown on the proposed plan. Access
f ; c "Marquette Bank is also maintained by this driveway in accordance with a previous
agreement. It is presumed that trucks(semis) will be able to enter the site from Brooklyn
Boulevard, but will not exit that way-they would have to proceed east behind the building,then
south to 56th and back out to Brooklyn Boulevard. This point is a potential traffic problem area.
The natural tendency for customers leaving Cub and wishing to go north on Brooklyn Boulevard
will be to go to the west side of the site and find the driveway out to Brooklyn Boulevard,
located near the rear of the store. Attempts should be made to discourage this and try to get
people to leave via Xerxes or 56th. Signing, landscaping, and other means would be utilized to
try to encourage this. Good signing from 56th Avenue would also help. The proposed drive
rwidth along the side/rear of the store(25 feet) is not wide enough to accomodate two way traffic,
should that happen. With that in mind, widening of the driveway from 56th Avenue from the
existing 27.5 feet should be considered.
2
It is presumed that efforts are continuing to negotiate purchase of the corner property. If
acquired,this would also allow some added flexibility in tapering to the right turn lane from the
free right turn (NB Brooklyn Boulevard to County Road 10).
Sidewalk easements currently exist along the Brooklyn Boulevard Right of Way and will need
to be maintained. However, additional sidewalk easement along County Road 10 will need to
be dedicated to provide for sidewalk relocation as a result of the added right turn lane. An
additional 9 feet of Right Away has already been dedicated on the plat to provide for the right
turn lane. However, another 10 feet of sidewalk easement should also be provided.
Utilities
The basic layout of the grading plan and utilities appears that it will work. It is expected that
essential design information such as pipe sizes, invert elevations, etc. will later be provided
and confirm sufficient service and operation. I will be able to offer additional comments
regarding utilities at that time. Fire hydrant locations to be reviewed by the Fire Chief.
Of note, some existing storm sewer on the east side of the site may possibly be utilized rather
e new construction ro osed, between Retail A and the Supermarket). This of
than some of the p P (
course would depend on the size and condition of the existing pipe, and the actual design flow
requirements.
Other
Concrete curb and gutter will be required for paved areas, including around parking lot islands.
Encroachment of the proposed retaining wall along Brooklyn Bouelevard into the existing
sidewalk easement should be minimized since Brooklyn Boulevard is identified on Hennepin
County's Comprehensive Trail Plan.
A Subdivision Agreement and Maintenance and Utility Agreement will be required.
Application Filed On 2-25-99
City Council Action Should
Be Taken By 4-26-99 (60 Days)
Planning Commission Information Sheet
Application No. 99003
Applicant: Brookdale Corner, LLC
Location: Southwest Corner of Xerxes Avenue North and County Road 10
Request: Variance
The applicant, John Johannson, on behalf of Brookdale Comer, LLC, is seeking a variance from
Section 35-400 of the city ordinances which requires a 50 ft. setback for buildings located along
a major thoroughfare. Application No. 99002 comprehends site and building plan approval for
the redevelopment of the existing Westbrook Mall and Dayton's Home Store properties which
includes the demolition of these buildings and the construction of a Cub Foods Store and other
retail and convenience food spaces. The proposed variance would allow the construction of a
corner of the Cub Foods building at a setback less than 50 ft. from a major thoroughfare (40 ft.)
and also the construction of a new retail building at the corner of Xerxes Avenue and County
Road 10 at a 35 ft. setback from each of these roadways which are both major thoroughfares.
Thirty-five feet is the standard front yard setback for buildings along a non-major thoroughfare.
One of the reasons for proposing the 40 ft. building setback on Brooklyn Boulevard and the 35 ft.
setback at the Xerxes/County Road 10 location is that this allows a more efficient utilization of
this redevelopment site.
Another factor leading to the setback variance request is 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 is the Brooklyn Boulevard
Streetscape Amenities Study of 1994. Both of these 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 amenities study,
which was not quite as rigid, recommended locating non-residential buildings, or parts of non-
residential buildings, close to the edge of the street right-of-way and to increase the land intensity
in the Brooklyn Boulevard corridor. Building setbacks not separated from the street by parking
should be landscaped. The study also recommended the increase of land densities in the
Brooklyn Boulevard corridor and encouraged higher density developments which are located
closer to the street.
3-11-99
Page 1
We have contemplated and will be pursuing an overlay ordinance that will incorporate a number
of 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 with respect to Brooklyn Boulevard setbacks until these regulations are adopted.
The building at the Xerxes/County Road 10 intersection is in keeping with other
recommendations of the Brooklyn Boulevard study which encourage landscaping between the
building and the street right-of-way by allowing these buildings to be closer to the right-of-way
rather than having parking bays and drive lanes around buildings. It should be noted that the
Brookdale redevelopment plan comprehends allowing freestanding buildings along Xerxes
Avenue and County Road 10 to be as close to the right-of-way as 35 feet to assist in the
redevelopment of Brookdale. That application was,however, a Planned Unit Development
which allows the City greater flexibility in dealing with redevelopment issues than perhaps a
non-Planned Unit Development proposal. Precedent has been established in allowing up to a 35
ft. building setback along the Brooklyn Boulevard right-of-way with the approval of a variance
for the fire station at the corner of 63rd and Brooklyn Boulevard. It may well be appropriate to
consider eliminating the extraordinary major thoroughfare setback for commercial and/or
industrial buildings located along any major thoroughfare such as Xerxes Avenue and County
Road 10.
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 an undesirable 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 all major thoroughfares.
Precedent for allowing a-35 ft. setback along the Brooklyn Boulevard right-of-way is already
established.
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 formally 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.
The applicant has submitted written comments as to how they believe their proposal meets the
standards for variance contained in the city ordinances. They note, with respect to Standard A,
that the site is surrounded on three sides by major thoroughfares. They note that this unique
physical surrounding requires them to have 50 ft. building setbacks off of each of these right-of-
ways. They also note that the variance request is consistent with recent variances granted, one
3-11-99
Page 2
for the fire station on Brooklyn Boulevard and another that is under consideration for Brookdale
on Xerxes and on County Road 10.
We have already cited the precedent established for non-residential buildings having a building
setback less than 50 feet off of a major thoroughfare with the fire department approval.
Although,the Brookdale situation is part of a Planned Unit Development, its impact on the
Xerxes Avenue right-of-way and County Road 10 is comparable to the impact of the applicant's
proposal for a building setback 35 ft. from the same roads. It should also be noted that there is a
property line jog along Brooklyn Boulevard where the applicants are requesting the 40 ft., rather
than 50 ft. building setback. It is this jog which really causes the applicants setback problem and
from a visual consideration the setback encroachment will not even be noticeable.
With respect to Standard B the applicant notes that other parcels or projects in this same zoning
classification are routinely granted or being considered for this proposed type variance. They
add that the 35 ft. front yard setback is the normal setback for this zoning classification when the
parcel is not adjacent to a major thoroughfare.
I would not say that variances are routinely granted, however, one was granted for the fire
department and consideration for a change in the major thoroughfare setback requirement for
commercial buildings certainly is being considered and,will in all likelihood, be adopted. The
leap is to whether or not the non-major thoroughfare setback should be.established for
commercial buildings along other major thoroughfares besides Brooklyn Boulevard. It is, in the
staff's opinion, acceptable to establish such a change which would allow commercial buildings to
have non-major thoroughfare setbacks along major thoroughfares.
With respect to Standard C,the applicant notes that the variances relate solely to the existing
zoning ordinance requirements and not to any persons having an interest in the property. They
note their understanding that this setback requirement is being considered for revision due to
similar variances already granted. This is true but again this would require the Commission to
accept the idea that the non-major thoroughfare setback should be applied to all major
thoroughfares. With respect to Standard D,the applicant notes that adjacent or surrounding
properties are primarily similar commercial uses. They point out that some single family
property exists along the west side of Brooklyn Boulevard and that landscaping or other
screening is appropriate and will provide the property with necessary screening and avoid any
potential detriment to the public welfare or adjacent land uses..
We would concur that with appropriate site design, screening and landscaping the impact of the
encroachment of the Cub Foods Store building on the Brooklyn Boulevard setback would be
minimal. As pointed out before,because of the jog in the property line,the setback
encroachment of 10 ft. will really be unnoticeable. Also,we do not believe that building
setbacks of 35 ft. along County Road 10 and Xerxes Avenue North will have a detrimental effect
3-11-99
Page 3
on surrounding properties or uses. In fact with the Brookdale redevelopment,there will be
buildings with a 35 ft. building setback off Xerxes and County Road 10.
A public hearing has been scheduled and notices of the Planning Commission's consideration
have been sent.
RECOMMENDATION
It is recommended that the Planning Commission recommended approval of the variance request
to allow a setback of 40 ft. rather than 50 ft. along a major thoroughfare for the Cub Foods Store
located along Brooklyn Boulevard and to allow a 35 ft. building setback rather than the 50 ft.
setback for the retail building located at the corner of Xerxes and County Road 10 on the basis of
it being consistent with the recommendations of the Brooklyn Boulevard studies which would
allow non-residential buildings to be located closer to the street right-of-way along the Brooklyn
Boulevard right-of-way and that this principle can be established for other major thoroughfares
as well. Furthermore,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 are met as well.
3-11-99
Page 4
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MEMORANDUM 07599 Anagram Drive ❑104 Marty Drive,#3
Eden Prairie,MN 55344 Buffalo,MN 55313
612-937-5150 612-682-2587
FAX 612-937-5822 FAX 612-682-2639
To: Ron Warren
Planning and Zoning Specialist
City of Brooklyn Center
From: Greg Kopischke
Date: February 25, 1999
Re: Brookdale Corner
Southwest corner of County Road 10 and Xerxes Avenue Ref. 98337
Request for: Front yard setback variance from 50 feet to 35 feet.
• The Brookdale Corner project is proposing to redevelop the existing Westbrook Mall and
Dayton's Home Store parcels. This project has already received Preliminary Plat and Final Plat
approvals from the City. The project proposes to demolish the existing mall building and home
store. New construction will include a Cub Food Grocery, convenience foods and retail space
totaling 96,275±sq. ft. Two smaller existing retail/office buildings totaling 19,885±sq. ft.
(including Hirshfields) located in the southeast corner of the site will be retained.
The variance request must meet the following qualifications:
(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.
Response: The site is surrounded on three (3) sides by major thoroughfares (Brooklyn
Boulevard, Co. Rd. 10 and Xerxes Avenue). Because of that unique physical surrounding,
the site is required to have a 50 foot front yard setback per the current zoning ordinance.
The variance request to a 35 foot setback is consistent with recent variances granted (City
fire station on Brooklyn Boulevard) or under consideration (Applebees on Xerxes Avenue)
by the City.
Ron Warren
City of Brooklyn Center
February 25, 1999
Page 2
(B) The conditions upon which the application for a 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.
Response: Other parcels or projects in this zoning classification are routinely granted or
being considered for this proposed variance. The 35 foot front yard setback is the normal
setback for this zoning classification when the parcel is not adjacent to a thoroughfare.
(C)The alleged hardship is related to the requirements of this ordinance and has not been
created by any persons presently or formerly having a interest in the parcel of land.
Response: The variance is related solely to the existing zoning ordinance requirements and
not by any persons having interest (past or present) in the property. We understand this
setback requirement of the ordinance is being considered for revision due to similar
variances already granted and being considered.
(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.
Response: Adjacent or surrounding parcels are primarily similar commercial uses. Some
single family exists west across Brooklyn Boulevard. Landscaping or other screening as
appropriate will be provided around the project boundary so as to avoid any potential
detriment to the public welfare or adjacent land uses.
STANDARDS AND PROCEDURES FOR ZONING ORDINANCE VARIANCES
CITY OF BROOKLYN CENTER
6301 SHINGLE CREEK PARKWAY
Anyone contemplating a request for a variance from the Zoning Ordinance should consult with the
Planning 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
at is not permitted under this ordinance in the district where the affected person's land is located. A
. 16 at
may be granted by the City Council after demonstration by evidence that all of the following
qualifications are met:
(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.
*pies of the Zoning Ordinance may be obtained from the Administrative Office.
Questions should be directed to the Community Development Department, at (612) 569-3330.
Standards and Procedures for Zoning Ordinance Variances
Revised 2-95