Loading...
HomeMy WebLinkAbout1990 07-26 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JULY 26, 1990 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman Pro tem Lowell Ainas at 7:32 p.m. ROLL CALL Chairman Pro tem Lowell Ainas, Commissioners Ella Sander, Wallace Bernards, Kristen Mann and Mark Holmes. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. It was noted that Chairperson Molly Malecki had stated that she would be unable to attend and was excused. APPROVAL OF MINUTES - JULY 12 , 1990 Commissioner Bernards pointed out that a statement attributed to him on page 5 of the July 12 minutes should probably have been attributed to Commissioner Johnson. Motion by Commissioner Mann seconded by Commissioner Bernards to approve the minutes of the July 12, 1990 Planning Commission meeting as corrected. Voting in favor: Chairman Pro tem Ainas, Commissioners Bernards, Mann and Holmes. Voting against: none. Not voting: Commissioner Sander. The motion passed. APPLICATION NO. 90015 (Teasdale and Associates) Following the Chairman Pro tem's explanation, the Secretary introduced the first item of business, a request for variance approval to allow more than 10% of the Garden City Court Apartment project units to be three-bedroom units following a conversion of 24 two-bedroom units to 16 three-bedroom units. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 90015 attached) . The Secretary added, during his presentation of the report, that there is a question of whether the large rental units demanded should be provided by apartments or by single-family homes. He stated that the question before the Commission is a comprehensive question, involving housing and social policy, as well as zoning policy. He recommended that this issue be addressed in the City's forthcoming housing plan. He stated that the Commission did not need to act on an ordinance amendment at this evening's meeting. He concluded by stating that he did not believe the proposal met the standards for a variance, especially the standard of uniqueness. 7-26-90 1 Regarding the last two recommendations in the staff report, Chairman Pro tem Ainas asked whether the Housing Implementation Plan would go to the Housing Commission first. The Secretary responded that the Housing Commission has already recommended an implementation plan and that one aspect of that plan was to look at conflicts with the City's current Zoning Ordinance. He stated that it would be the job of the Planning Commission to review those conflicts in the future as well. Commissioner Bernards expressed appreciation for the staff's work on this difficult question. Commissioner Mann asked how many nonconforming situations would be created if the 750 sq. ft. land area surcharge were adopted for three-bedroom units. The Secretary answered that there shouldn't be any, but that it would affect future conversions. The Planner noted that 5500 Bryant Avenue North is a three-bedroom apartment complex with insufficient land area. Chairman Pro tem Ainas asked the applicant whether he had anything to add. Mr. Teasdale responded in the negative. PUBLIC HEARING (Application No. 90015) Chairman Pro tem Ainas informed the people present that although there are concerns about the possible tenant mix that would result from a conversion of units to three-bedroom units in this complex, the Planning Commission cannot limit or seek to influence the tenant mix in terms of race, income, or other status. He asked whether anyone present wished to speak regarding the application. Mr. Ernest Borchardt, of 6507 Beard Avenue North, stated that when the apartments were built, they wanted a variance for four to five storey apartments. He stated that the neighborhood felt that such a complex would lead to overcrowding then and that the proposed conversion would also lead to overcrowding and that is why the neighborhood is. opposed. He stated that he favored denying the variance. He added that he came from New York City and related some experiences that he had in New York that reflected on the overcrowded conditions in that city. He urged the Commission not to allow that situation to arise in Brooklyn Center. Mr. Bill Bradley, of 3307 65th Avenue North, stated that his tax dollars were going to subsidize the tenants and that he accepted that, but that he did not want his tax dollars to go to line someone's pockets. He felt that the tax credits sought by Mr. Teasdale were just a way for a developer to get rich rehabilitating some buildings. He recommended keeping the status quo. Mr. Donald Poss, former City Manager of Brooklyn Center and a resident at 3212 65th Avenue North, then addressed the Commission at some length. He stated that the 10% limit on three-bedroom apartments was put in place after considerable study by the Planning Commission and City Council. He stated that the concern 7-26-90 2 was over putting larger families into apartment units, that it was not the sociologically proper thing to do. He stated that he had recently lived in apartments and that he experienced kids running up and down the halls. He stated that it is not a good environment for children or for older adults who must live with those children. He stated that he agreed with the subsidy program for the tenants and with providing housing for people of low and moderate income. He stated that he believed decent housing should be provided for families in single-family homes and that, if necessary, the funds should be raised to provide for that housing. Mr. Poss went on to state that he felt the legal advice offered by the City Attorney was too timid. He encouraged the Commission not to be swayed by the City Attorney's opinion. Mr. Poss noted that the legislature now requires the acceptance of group homes in residential areas. He stated that he favored such a trend, but did not favor the proposal made recently which was too large a project. He asked the Planning Commission not to convey to the City Council the feeling that there is a problem with the 10% limit on three- bedroom apartments. He stated that he thought the City and its residents were a better judge of the issue of providing family housing than the legislature. He pointed out that the neighborhood did not strongly oppose the apartments that exist at Garden City Court when they were proposed some years ago. He stated that the people in the neighborhood have lived at peace with those apartments since they were built. He concluded by stating that putting large numbers of three-bedroom units in apartment buildings is improper. Chairman Pro tem Ainas asked whether anyone else wished to speak regarding the application. Hearing no one, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Sander seconded by Commissioner Mann to close the public hearing. The motion passed unanimously. Chairman Pro tem Ainas then asked the Commission for their thoughts on the matter. Commissioner Mann stated that she was not ready for an ordinance amendment at this time and that a variance was inappropriate. Chairman Pro tem Ainas agreed that a variance was not appropriate. In response to a question from Commissioner Holmes, the Secretary stated that the Housing Implementation Plan should address the need for large rental units. Commissioner Holmes asked how other communities regulate three-bedroom apartments. The Secretary answered that he was not aware of any other community that had a 10% limit in the Metro area. He added that there really has not been a very large demand for such apartments in the past and that, therefore, not very many exist. He stated that the tax credit program may be creating an artificial market for such apartments. He concluded by stating that housing issues related to this proposal need to be addressed. 7-26-90 3 Commissioner Bernards stated that poor tenants are not confined to apartments. He related the problems that his neighborhood has had with a building at 55th Avenue North and Bryant. He expressed pleasure with the progress that has been made since a new owner has taken over the building and is screening tenants carefully. He stated that he felt the City had to be on top of this issue and that the City should encourage investors to renovate both multiple family and single-family dwellings to make them marketable. He stated that he leaned toward a land area requirement to control extra bedrooms. Commissioner Sander stated that she agreed with Mr. Poss in not putting large families into three-bedroom apartments. She stated that she felt there would be congestion with three-bedroom units. She concluded by stating that she was not in favor of three or four-bedroom units in apartment buildings and that she was not intimidated by the possibility of lawsuits. Chairman Pro tem Ainas stated that he never really considered the proposal to be a valid request for a variance. He stated the need is to look at alternatives. He stated that he agreed with Mr. Poss that the legal advice had been somewhat timid, but that it may be a result from the experience the City has had with group home cases. He stated that he agreed with the concern about three- bedroom units in apartments. He also recommended that the Commission deny the request for a variance without specific direction to the Housing Commission or the City Council on an ordinance amendment that would eliminate the 10% factor. ACTION RECOMMENDING DENIAL OF APPLICATION NO. 90015 (Teasdale and Associates) Motion by Commissioner Sander seconded by Commissioner Mann to recommend denial of Application No. 90015 on the grounds that the Standards for a Variance are not met and that the issue of the 10% limit on three-bedroom apartments be referred to the Housing Commission and the City Council without any specific recommendation at this time. Voting in favor: Chairman Pro tem Ainas, Commissioners Sander, Bernards, Mann and Holmes. Voting against: none. The motion passed. Commissioner Mann stated that she would like to also make a motion that the City Council consider its policy of inspecting only common areas in multi family buildings while inspecting the entire unit in a single-family home. The Secretary stated that the inspection policy is an administrative policy that is not contrary to the provisions of the Housing Maintenance and Occupancy Ordinance. He stated that he could review that policy at another time, but that he did not feel that it was appropriate for the Commission to give direction on housing inspection policy. Commissioner Mann withdraw her motion. 7-26-90 4 I ADJOURNMENT Following a brief discussion of upcoming business, there was a motion by Commissioner Sander seconded by Commissioner Mann to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:40 p.m. e� Chairman Pro tem 7-26-90 5 1 1