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HomeMy WebLinkAbout1991 04-11 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 REGULAR SESSION APRIL 11, 1991 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairperson Molly Malecki at 7: 34 p.m. ROLL CALL Chairperson Molly Malecki, Commissioners Lowell Ainas, Kristen Mann, and Mark Holmes. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairperson Malecki noted that Commissioner Bernards and Johnson were excused. APPROVAL OF MINUTES - FEBRUARY 28, 1991 Motion by Commissioner Ainas seconded by Commissioner Mann to approve the minutes of the February 28, 1991 Planning Commission meeting as submitted. Voting in favor: Chairperson Malecki, Commissioners Ainas, Mann and Holmes. Voting against: none. The motion passed. APPLICATION NO. 91006 (Sunlite Properties, Inc. ) Following the Chairperson's explanation, the Secretary introduced the first item of business, a request for approval of a variance to allow a 15 ' buffer strip between its parking lot at 1601 67th Avenue North and the Berean Evangelical Free Church property to the east. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 91006, attached) . Commissioner Ainas asked if the church property were rezoned, what other properties in the City would be affected. The Secretary stated that no other properties would be affected that he could think of. Commissioner Ainas asked whether there were any other churches adjacent to industrial property. The Secretary responded in the negative. Commissioner Holmes asked for a clarification of the problem with the parsonage. The Secretary pointed out that the parsonage is a single family use which is permitted in the R1 zone whereas the church is a special use in the Rl zone. He stated that if the church property were zoned R5, the single family use would become nonconforming and the church would still be a special use. Commissioner Holmes asked another question regarding the east entrance to the building. The Secretary showed the location of the east entrance to the building. Mr. Janis Blumentals, the architect representing the applicant, explained the tenant layout within the building. He explained that the owner of the building wants to 4-11-91 1 make parking for the tenant which would use the east entrance visible from that entrance. Commissioner Sander arrived at 8: 05 p.m. Mr. Blumentals asked the Commission what would be considered a hardship. He stated that it was really a question of degree. He stated that whether the church is spot zoned or left over zoned was really a question of semantics. He stated that he felt the variance was not unreasonable. Chairperson Malecki asked Mr. Blumentals about the possibility of Sunlite Properties buying additional land from the church property to maintain a 50 ' buffer. Mr. Blumentals stated that that would cost money. He pointed out that the applicant had looked at providing more spaces along the east side of the building which would have involved an even more extensive variance. He stated that the applicant had concluded that this would not be feasible. Commissioner Holmes asked who would be using the east entrance. Mr. Jerry Steffens, of Sunlite Properties Inc. , stated that it would be office employees. Commissioner Mann asked whether there was any way to get to the new office area from the north entrance. Mr. Blumentals stated that this would require employees to go through one tenant space to get to another. He stated that one of the purposes of this variance request was to eliminate the internal public corridor. PUBLIC HEARING (Application No. 91006) Chairperson Malecki then opened the meeting for a public hearing on Application No. 91006 and asked whether anyone present wished to speak regarding the application. Hearing no one, she called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Ainas seconded by Commissioner Mann to close the public hearing. The motion passed unanimously. Commissioner Holmes asked if the industrial building had enough parking at present. The Secretary responded in the affirmative. Chairperson Malecki stated that she felt the parking situation was more of an inconvenience rather than a hardship for the applicant. She added that she did not feel the City wanted more R5 zoning along Humboldt Avenue North. Commissioner Holmes asked what would happen if the church left and the property were reused. He asked whether single family would be allowed. The Secretary responded in the affirmative. Commissioner Holmes concluded that there were various options before the Commission, including: a rezoning of land, a revision to the Zoning Ordinance, the granting of a variance and acquisition of more land. He stated that he also was concerned about safety for the employees and wondered what precedent would be set if a variance were granted. 4-11-91 2 Chairperson Malecki stated that the Commission was already dealing with the precedent set in 1977 by granting the variance to allow a 50 ' buffer instead of the required 100 ' buffer. She stated that the Commission has to decide whether the variance standards are met. Commissioner Ainas stated that he felt the variance standards were not met. He recommended as an alternate that the church property be rezoned to I-1. Commissioner Holmes asked whether there was another option. The Secretary stated that the City could amend the ordinance to allow a lesser buffer where an industrial use abuts an institutional use. He stated that there was no great harm to the church site except possibly to the parsonage. He stated that the problem is the lack of a 100' buffer in this area. Commissioner Ainas stated that an I-1 zoning of the church property would be compatible with the adjacent land uses and would allow for redevelopment in the future. Mr. Blumentals stated that he felt a single family use would not be a good use of the property on the church site if the church were moved. Commissioner Sander asked what zones churches exist in. The Secretary answered that they are mostly located in the R1 zone. He pointed out, however, that the Spiritual Life Ministries operation is located in the industrial park. He pointed out that churches are allowed by special use permit in the R1, R2, R5 and I-1 zones and are a permitted use in the C1 and C2 zones. He stated that the Commission has to look at the question of whether these two parking lots next to each other would be a problem. He reviewed the standards for a variance and stated that some of them could perhaps be met. He added that the ordinance could be amended relative to buffers adjacent to institutional uses. He stated that if the property were converted to single family, the industrial site was already nonconforming relative to the R1 zone by virtue of the granting of a variance. He asked the Commission to give the staff direction on where to go with this application. He stated that if the Commission recommended denial of the variance, the staff could bring back a resolution outlining the reasoning or could bring back a rezoning application for the church property if the church acquiesced. He added that another possibility was to draft an ordinance amendment. The Planner noted the existence of the parsonage adjacent to the I-1 property and wondered whether an ordinance amendment would cover this situation or whether it would have an effect on the Howe Fertilizer site which also abuts single- family homes. Commissioner Mann asked for a clarification of the east entrance. Mr. Blumentals stated that when the building was built, the east entrance was a fire exit. He stated that now the applicant wishes to make the east entrance a separate entrance for a tenant space. He added that the Commission does have the option of recommending approval of the variance. 4-11-91 3 Commissioner Holmes stated that he did not believe the application met the standards for a variance. He recommended that the application be tabled and that some other resolution of the problem be pursued. He stated that he did not believe the church property should be zoned R1. Chairperson Malecki asked Commissioner Holmes if he was sympathetic to an ordinance amendment. Commissioner Holmes responded that he was open to that as well. Commissioner Mann stated she did not feel the standards were met in this case. She expressed a preference that the applicant acquire land from the church and rezone it and thereby provide the same 50 ' buffer. Commissioner Ainas stated that he would also recommend denying the variance, but direct staff to prepare an ordinance change or to rezone the church to I-1. He stated that he did not favor tabling the application. Commissioner Sander also stated that she preferred to deny the variance and seek some other resolution of the issue. The Secretary asked the Commission whether they prefer to move the application on or whether to bring it back in 30 days with some other resolution of the issue. Commissioner Ainas noted that a rezoning would be a separate application. The Secretary stated that an ordinance amendment was also a possibility and could be brought back with a resolution to deny the variance. Chairperson Malecki wondered if tabling the application made sense if an ordinance amendment were not the preferred vehicle for resolving the issue. She stated that she did not like any of the options except for the applicant to acquire more property. Mr. Blumentals stated that, if the Commission were going to vote to deny the variance, he would prefer that the application be tabled. ACTION TABLING APPLICATION NO. 91006 (Sunlite Properties, Inc. ) WITH DIRECTION TO PURSUE OTHER OPTIONS Motion by Commissioner Ainas seconded by Commissioner Sander to table Application No. 91006 and to direct staff to pursue with the applicant other possible vehicles for resolving the buffer issue other than a variance. Voting in favor: Chairperson Malecki, Commissioners Sander, Ainas, Mann and Holmes. Voting against: none. The motion passed. The Secretary stated that staff could pursue all possibilities with the applicant including rezoning, land acquisition, and an ordinance change. Commissioner Mann asked whether I-1 properties are required to provide any green area. The Secretary responded that a 15 ' greenstrip is required adjacent to public right-of-way. ADJOURNMENT Motion by Commissioner Ainas seconded by Commissioner Sander to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8: 40 p.m. airperson 4-11-91 4