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HomeMy WebLinkAbout1991 10-10 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 OCTOBER 10, 1991 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairperson Molly Malecki at 7:31 p.m. ROLL CALL Chairperson Molly Malecki, Commissioners Wallace Bernards, Lowell Ainas, and Mark Holmes. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairperson Malecki noted that Commissioners Johnson and Mann had called to say they would be unable to attend and were excused. APPROVAL OF MINUTES - SEPTEMBER 26, 1991 Chairperson Malecki noted that on page 2 of the minutes she had asked for comments from the neighbors. She stated that the minutes should indicate that she had stated that the public hearing was closed, but was responding to a desire on the part of one of the neighbors to ask a question. Motion by Commissioner Ainas seconded by Commissioner Holmes to approve the minutes of the September 26, 1991 Planning Commission meeting as corrected. Voting in favor: Chairperson Malecki, Commissioners Bernards, Ainas, and Holmes. Voting against: none. Application No. 91019 (Condura Marketing Corporation) Following the Chairperson's explanation, the Secretary introduced the first item of business, a request for site and building plan and special use permit approval to install and operate a Tires Plus store in the commercial building at 5927 John Martin Drive. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet regarding Application No. 91019, attached) . The Secretary added that the Zoning Ordinance has been modified since the early 1980 's to prohibit the use of trailers for storage. He stated that staff have a concern about the effect of noise and appearance of the proposed repair shop on the Ethan Allen store to the west. The Secretary also pointed out that the Zoning Ordinance does not permit outside service activities in commercial zones. Commissioner Bernards asked why, in light. of the concern regarding service bays, noise, etc. , the proposed Tires Plus was not to be located on the east side of the building. The Secretary noted that there was also a restaurant in that direction which might be affected by the use and that the placement of the repair bays on 10-10-91 1 that side of the building would result in a loss of parking. In regard to parking, Commissioner Holmes asked whether there would be enough left on the site for future growth. The Secretary responded in the affirmative. He stated that the parking provided on the site was based on the old retail formula which required more spaces than the present formula. He stated that there is now some excess parking stalls on the property. Regarding the installation and storage of batteries, Commissioner Holmes asked if there were special codes that had to be observed in that regard. The Secretary responded in the affirmative. He stated that, to his knowledge, the repair shop would be classified as a hazardous occupancy under the building code. Commissioner Holmes asked whether the Firestone store and the Goodyear store near Brookdale were in the C2 zone. The Secretary responded in the affirmative. Chairperson Malecki then asked the applicant whether he had anything to add. Mr. Rod Krass, an attorney representing Condura Marketing Corporation, stated that they were basically in agreement with the staff report and the conditions proposed. He asked that batteries be added as an item to be provided at the store. He stated that Tires Plus does not do any oil changes. Regarding outside storage, Mr. Krass stated that Tires Plus was aware that this had been a problem in the past. He pointed out that the new store would actually have a storage capacity for 2,400 tires which is about twice as much as normal at their stores. Mr. Krass stated that they do have a problem with the condition that the bay doors be closed during the servicing of vehicles. He pointed out that there were no windows or doors on that side of the Ethan Allen building. He stated that he did not feel that leaving the bay doors open in the summertime would be a problem for people on the outside, but that keeping the doors closed would be a hardship for the people on the inside where it would get very hot. He stated that the noise emanating from the business would be less than some people might expect although there would be some noise associated with the electric ratchets. Mr. Krass then introduced Mr. Don Gullett of Condura Marketing who stated that they felt they could comply with all of the conditions except the one regarding keeping the doors closed during service of vehicles. He stated that he discussed this concern with the operations manager and that it was felt that air conditioning of the space would not work. Commissioner Bernards asked whether the applicant had talked to the neighbors. Mr. Gullett responded that they had not as yet, but that they could. He stated that Tires Plus is a good neighbor and that customers who come to Tires Plus often visit other shops or restaurants while they are waiting for tire service. Chairperson Malecki asked why the west side of the building was chosen for this operation. Mr. Doug Sinclair of Kraus Anderson Real Estate stated 10-10-91 2 that the location within the building had been considered and that the west side was preferred partly because there was a solid wall on the Ethan Allen building and partly to preserve parking for the other tenant that might use the building. He stated that they also wanted to keep the shop away from the restaurant to the east. He indicated that they did not yet have a tenant for that other space. Mr. Rod Krass pointed out that, to his knowledge, other repair garages were not restricted as to the doors being opened or closed. Commissioner Holmes asked whether the batteries would be stored within the building. Mr. Gullett responded that they would follow EPA guidelines and the batteries would be stored in a manner so as to contain any acid if there was a spill. PUBLIC HEARING (Application No 91019 Chairperson Malecki then opened the meeting for a public hearing 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 Holmes to close the public hearing. The motion passed unanimously. Chairperson Malecki then asked the Planning Commission how they felt about Condition No. 9 regarding the closing of the doors during service. Commissioner Bernards wondered if there might be a partial exemption from that condition during the summer months. Commissioner Ainas recommended a restriction limiting the opening of the doors to times when the temperature was over 80 degrees. Mr. Mike Dimond, of Cardinal Development, a representative of the applicant, stated that he would prefer that the temperature be lowered to 70 degrees since it could get quite hot inside the service bays when the temperature got over 70 degrees. The Secretary stated that the staff would not have the time and ability to monitor the operation to see that such a condition, based on temperature, was effectively enforced. He stated that the City has noise limitations in the industrial district and that basically noise is not supposed to be perceptible beyond the property line. The Secretary also pointed out that the notice of the public hearing went to the owner of the Ethan Allen property and not to the Ethan Allen store itself. Commissioner Holmes asked whether it was true that other repair shops were not restricted regarding the closing of service doors. The Secretary acknowledged this, but pointed out that they are not in the same situation only a few feet from a neighboring business. He stated that one of the primary concerns of the staff is that service should be done inside the building. He stated that staff were concerned about the possible impact on a neighboring business 10-10-91 3 from the noise of this operation. He concluded by saying that he did not recommend a regulation on the basis of outside temperature. Commissioner Bernards asked when the special use permit would be reviewed. The Secretary pointed out that, once the special use permit is granted, the City grants a property right to the property. He stated that the conditions have to be abided by, but that as long as they are, the permit would not be revoked. He stated that if this business generates complaints, the City might have to take noise measurements and check relative to state. regulations regarding noise. He also suggested that the applicant approach Ethan Allen about the new business. Commissioner Bernards recommended that this be done before the application goes to the City Council. Chairperson Malecki asked whether there was a consensus regarding the freedom of the applicant to open or close the doors as they saw fit. The Commission generally agreed that that portion of the recommended conditions be deleted. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 91019 (Condura Marketing Corporation) Motion by Commissioner Bernards seconded by Commissioner Holmes to recommend approval of Application No. 91019, subject to the following conditions: 1. 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, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3 . Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 4. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 5. B612 curb and gutter shall be provided around all new parking and driving areas. 6. The special use permit is granted for a tire, battery and wheel related repair and service operation. The use may not be altered or expanded in any way without first securing an amendment to this special use permit.. 10-10-91 4 7. The special use permit is subject to all applicable codes, ordinances, and regulations. Any violation thereof shall be grounds for revocation. 8. There shall be no outside display of tires or other merchandise on the site except by the use of an Administrative Land Use Permit. 9. All vehicles serviced at the store shall be serviced inside the building. Vehicles not being serviced must be parked on the site in authorized parking spaces. No parking of vehicles is permitted in front of the service bays. 10. The use of trailers for storage of new or used tires or any other merchandise or materials is strictly prohibited. 11. The property owner shall enter in an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. Voting in favor: Chairperson Malecki, Commissioners Bernards, Ainas and Holmes. Voting against: none. The motion passed. The Secretary noted that the Commission may want to direct the applicant to contact Ethan Allen prior to the City Council meeting. Mr. Rod Krass stated that they would do that. APPLICATION NO. 91020 (Brooklyn Center Baptist Church) The Secretary then introduced the next item of business, a request for preliminary plat approval to subdivide into two lots the parcel on which the Brooklyn Center Baptist Church and parsonage presently sit in order to sell off the church building to another congregation. -The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 91020, attached) . The Secretary also explained for the Commission the location of the fence on the overhead transparency. Commissioner Bernards asked what was the minimum area for a single family lot. The Secretary responded that the minimum area for an interior single family lot is 9,500 sq. ft. Chairperson Malecki asked the applicant whether he had anything to add. Mr. Bud Sandberg, of Brooklyn Center Baptist Church, stated that he was not aware of the encroachment of the fence until that evening. He stated that they would notify the Korean Presbyterian Church about the encroachment and would resolve it as part of the closing on the property. Mr. Sandberg noted that the person living in the parsonage is the Baptist Church's Associate Pastor. He stated that the Korean Church may, in the future, want to buy that 10-10-91 5 house for their own purposes. He stated that they could either move the fence or take the fence down if the Korean Church preferred. He stated that their preference was to see that it was left in place, but that they would notify the Koreans. Commissioner Bernards asked where the Brooklyn Center Baptist Church congregation was moving to. Mr. Sandberg stated that they would probably locate on 93rd Avenue North between Zane and Noble in Brooklyn Park. The Secretary stated that he did not feel the fence issue was something that would have to hold up the plat as long as it was understood that it was an encroachment at this time. Mr. Dale Lindberg, also of Brooklyn Center Baptist Church, stated that they would make the matter of the fence encroachment a part of the affidavit to the new congregation that would be buying the church. PUBLIC HEARING (Application No. 91020 Chairperson Malecki then opened the meeting for a public hearing and noted that there was no one else present to speak regarding the application. She asked for a motion to close the public hearing. Motion by Commissioner Holmes seconded by Commissioner Ainas to close the public hearing. The motion passed unanimously. The Secretary stated that they wanted to let people know about the encroachment, but that he did not suggest tearing out the landscaping in this area. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 91020 (Brooklyn Center Baptist Church) Motion by Commissioner Ainas seconded by Commissioner Holmes to recommend approval of Application No. 91020, subject to 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. Voting in favor: Chairperson Malecki, Commissioners Bernards, Ainas and Holmes. Voting against: none. The motion passed. The Secretary informed the Commission that they had scheduled a joint meeting with the City Council for October 17 and that the Council wanted to look at certain aspects of the Sign Ordinance and also some of the other discussion topics that were discussed at the last study meeting. He stated that the meeting would be limited to 9:30 p.m. There followed a brief discussion regarding service stations abutting residential property and also possible 10-10-91 6 redevelopment opportunities on Brooklyn Boulevard around 70th Avenue North. ADJOURNMENT Motion by Commissioner Bernards seconded by Commissioner Ainas to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Compis,sion adjourned at 8:46 p.m. Chairperson 10-10-91 7 1 1