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HomeMy WebLinkAbout1991 06-27 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 JUNE 27, 1991 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairperson Molly Malecki at 7:29 p.m. ROLL CALL Chairperson Molly Malecki, Commissioners Ella Sander, Wallace Bernards, Kristen Mann and Mark Holmes. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairperson Malecki noted that Commissioners Ainas and Johnson had called to say they would be unable to attend and were excused. APPROVAL OF MINUTES - MAY 30 1991 Motion by Commissioner Sander seconded by Commissioner Mann to approve the minutes of the May 30, 1991 Planning Commission meeting as submitted. Voting in favor: Chairperson Malecki, Commissioners Sander, Bernards, Mann and Holmes. Voting against: none. The motion passed. APPLICATION NO. 90013 (Peter Houser) Following the Chairperson's explanation, the Secretary introduced the first item of business, a request for preliminary registered land survey approval to subdivide into two tracts the land occupied by Carson's and the Midas Muffler Shop and the parking area in between at Brookdale. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No.- 90013, attached) . Commissioner Bernards stated that on page 1 the matter of Midas having no separate development rights is framed as a staff opinion whereas on the second page of the report it is stated pretty much as a fact. He wondered which is the case. The Secretary stated the way staff looked at development rights at Brookdale is that they are collectively held by all the owners together rather than by anyone separately. He noted that he considered this to be a fact, however, it certainly might be a debatable point of view. He added that staff have consulted briefly with the City Attorney on this subject. Commissioner Holmes asked whether there were no additional development rights created by the subdivision of the parcel. The Secretary responded in the affirmative. He stated that no additional rights to expand would be created for either Brookdale 6-27-91 1 as a collective entity or for any of the property owners separately. Commissioner Holmes asked whether that needed to be clarified. The Secretary stated that it is necessary to clarify that and that is being done through the staff report and through the deliberation by the Planning Commission of this matter. He stated that Brookdale as a whole is deficient in parking. He stated that there has been discussion of a possible expansion at Brookdale and that the possibility of a ramp has been discussed. He added that Brookdale would have the right to seek a variance from the parking requirement though he would not commit as to whether such a variance would be approved. Commissioner Holmes referred to a portion of the report in which it discusses a parking issue that may be resolved in the future. He asked what issue may be resolved. The Secretary answered that the staff's interpretation of the ordinance may be challenged or some other resolution may be found. Chairperson Malecki pointed out that a ramp could be built which would do away with the parking deficiency and that there could actually become an excess of parking in the future. Commissioner Holmes asked, if more parking were provided, could Midas add on more space or would they have to seek the approval of the Brookdale owners board. He pointed out that normally if one has land and parking to support building that the building is approved. The Secretary agreed that that is normally the case, but that at Brookdale, all development rights are considered to be collectively held because of the reciprocal operating agreement that covers all the parcels and allows cross access and cross parking. He stated that if Midas approached the City in the future and there was no parking deficiency that the staff would probably consider an expansion, but that the owners board should be aware of this and understand who is utilizing the developments with Brookdale. Chairperson Malecki then asked the applicant whether he had anything to add. Mr. Joe Cade, an attorney for Peter Houser, the owner of the Midas shop, stated that he did not have much to add to the staff report. He stated that his client has no intention of expanding the Midas shop at Brookdale. He said that although Midas would be taking more parking than necessary, this allows them some possibility in the future of doing something with the land, whether it be a building expansion or something else. He stated that he understood that his client understands that the rights to develop within Brookdale are limited by the agreements between the parcels and that this registered land survey would be subject to those agreements. He stated that he thought condition #3 was unnecessary. PUBLIC HEARING Chairperson Malecki then opened the meeting for a continued public hearing on Application No. 90013. She asked whether anyone present 6-27-91 2 wished to speak regarding the application. No one spoke. Hearing no one, she called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Sander seconded by Commissioner Bernards to close the public hearing. The motion passed unanimously. Chairperson Malecki asked whether it was necessary to retain condition number 3 in the staff report in light of the applicant's representative's comments. The Secretary stated that he would still recommend keeping the condition in the approval to clarify the issue. The Planner added that often times the conditions of approval are the most important part of the public record and that keeping that condition in the conditions of approval would make clear what the Planing Commission's assumptions were in acting on the application. ACTION RECOMMENDING APPROVAL OF APPLICATION NO 90013 (Peter Houser) Motion by Commissioner Sander seconded by Commissioner Mann to recommend approval of Application No. 90013, subject to the following conditions: 1. The final R.L.S. is subject to review and approval by the City Engineer. 2. The final R.L.S. is subject to the provisions of Chapter 15 of the City Ordinances. 3 . No separate development rights accrue to either parcel apart from the collective development rights of the Brookdale Shopping Center. The property owners are referred to the Brookdale owners association for settlement of the apportionment of development rights within the complex. Voting in favor: Chairperson Malecki, Commissioners Sander, Bernards, Mann and Holmes. Voting against: none. The motion passed. ADJOURNMENT Following a brief discussion of some business items that had been held over and not considered yet by the City Council, there was a motion by Commissioner Bernards seconded by Commissioner Mann to adjourn the meeting of the Planning Commission. The motion passed unanimously. Chairperson 6-27-91 3 1 1