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HomeMy WebLinkAbout1992 05-14 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 MAY 14 , 1992 REGULAR SESSION CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairperson Barbara Kalligher at 7 : 30 p.m. ROLL CALL Chairperson Barbara Kalligher, Commissioners Ella Sander, Wallace Bernards, Kristen Mann, Mark Holmes and Jill Sherritt. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairperson Kalligher noted that Commissioner Johnson was excused in light of hip surgery. APPROVAL OF MINUTES - APRIL 16 , 1992 Motion by Commissioner Mann seconded by Commissioner Holmes to approve the minutes of the April 16, 1992 Planning Commission meeting as submitted. Voting in favor: Chairperson Kalligher, Commissioners Bernards, Mann, Holmes and Sherritt. Voting against: none. Not voting: Commissioner Sander. The motion passed. APPLICATION NO. 92008 (Nhia Yong Thao) Following the Chairperson' s explanation, the Secretary introduced the first item of business, a request for special use permit approval to build and operate an alterations shop in an addition to the garage at 6136 Brooklyn Boulevard. The Secretary reviewed the contents of the staff report (see Planning Commission information Sheet for Application No. 92008 , attached) . The Secretary emphasized that only goods produced on the premises can be sold from the premises. He stated also that home occupations must be secondary and incidental to the residential use of the property, even the residential use of the garage. He stated that he recommends that the garage door be put back on the garage so that it can function as a private garage as well as a shop. Commissioner Sander asked what the Comprehensive Plan recommends for this area. The Secretary stated that the Plan recommends that the area become a C1 developed area. He stated that an alterations shop would be permitted in the C1 zone. Commissioner Bernards asked if the applicant was aware that Brooklyn Boulevard would soon be under study. The Secretary stated that that had not been discussed at any length. Commissioner Bernards stated that the applicant should know this before he decides to spend a considerable amount of money on the addition. Commissioner Bernards also asked if the exterior of the garage addition would be 5-14-92 1 consistent with that of the house and garage at present. The Secretary stated that that could be added as a condition. Commissioner Sander noted that the plan refers to removing the wall between the main garage and the shop area and asked whether this indicated that the whole garage would become a shop. The Secretary answered that the main portion of the garage would be used as a garage. Commissioner Sherritt asked how the City controls or inspects what is made by the people working in the shop. The Secretary stated that staff could make periodic visits or make an inspection on the basis of a complaint. He added that the building addition to the garage would require a permit and be subject to inspections, including a final inspection, by the Building Inspector. Commissioner Holmes asked if the garage could be built up to 1, 000 sq. ft. The Secretary responded that the size of the garage could be no greater than the size of the house or 1, 000 sq. ft. , whichever was less. Commissioner Holmes asked for a clarification of what constitutes incidental and secondary to the residential use of the premises. The Secretary stated that they could not turn the whole property into a shop for making clothing items, that it would still have to be primarily a residence. Commissioner Sherritt asked whether TV reception might be affected by the sewing machines. The Secretary stated that he doubted that would be the case though, if it resulted in a problem, it could be pursued as a nuisance complaint. Commissioner Sander asked what would be done with the sign to indicate that the business would operate on an appointment only basis. The Secretary stated that the staff suggested that a phone number be placed on the sign so that people could call before they came in. Commissioner Holmes asked what was on the front 'of the garage at present. The Planner answered that there was a large window across the front of the garage with a wall beneath it. He stated that he did not think it would be all that burdensome to put the garage door back on in lieu of the fact that the addition was being pursued. Commissioner Mann asked whether it would be appropriate to put a six month review period on this application to see whether it was complying. The Secretary stated that that was possible, but added that he believed the applicant would cooperate with the conditions of approval. In response to a question from Chairperson Kalligher, the Secretary stated that it would not be possible to park on Brooklyn Boulevard and that the driveway expansion should help to accommodate customers. Commissioner Mann asked whether there would be any employees in this home occupation. The Secretary stated that that was not part of the proposal, that only people living in the home would work in the home occupation. PUBLIC HEARING (Application No 92008) 5-14-92 2 I Chairperson Kalligher then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding the application. She asked the applicant whether he had anything to add. The Secretary asked Mr. Thao whether he had a chance to review the report prior to the meeting. Mr. Thao ' s son responded in the negative. The Secretary asked whether there were any questions. Mr. Thao's son asked regarding Condition No. 6 in the report. He stated that the proposal was to add on to the garage and to use the garage as part of the shop. The Secretary stated that the condition requires that a garage door be put on to allow for cars to be parked in the garage. After Mr. Thao' s son conferred with Mr. Thao, he stated that his father would be unable to restore the door immediately, but wanted to add on and then put the garage door on later. The Secretary asked whether it would still be part of the construction proposed. Mr. Thao's son answered that it would be part of the expansion project. The Secretary suggested that the Commission recess so that he could discuss the conditions with Mr. Thao and make sure there were no misunderstandings. Commissioner Bernards agreed stating that he wanted Mr. Thao to thoroughly understand the conditions. CLOSE PUBLIC HEARING Chairperson Kalligher asked whether anyone present wished to speak. Hearing no one, she called for a motion to close the public hearing. Motion by Commissioner Bernards seconded by Commissioner Mann to close the public hearing. The motion passed unanimously. RECESS The Planning Commission recessed at 8: 06 p.m. and resumed at 8 : 25 p.m. Following the recess, the Secretary stated that he had discussed the conditions with Mr. Thao and his son and that an understanding had been reached. He stated that Mr. Thao was willing to add onto the garage and put on the driveway expansion once the permit is approved and would put the garage door back on within 12 months. He stated that he believed that Mr. Thao should be able to park a car in the garage to make residential use of the garage. He stated that he would recommend approval of the special use permit with this modified understanding. ACTION RECOMMENDING APPROVAL OF APPLICATION NO 92008 (Nhia Yong Thao Motion by Commissioner Mann seconded by Commissioner Sherritt to recommend approval of Application No. 92008 , subject to the following conditions: 1. The special use permit is granted for an alterations shop in the garage at 6136 Brooklyn Blvd. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. 5-14-92 3 2 . Customers seeking alteration services shall be served on an appointment only basis. Hours of operation to be open to the public shall be from 9 : 00 a.m. to 5 : 00 p.m. Monday through Saturday. 3 . Only products produced on the premises shall be sold from the premises. 4. All parking associated with the home occupation shall be on improved space provided by the applicant. The applicant shall widen the driveway by at least 6 ' for at least one car length in front of the garage. 5. The shop area is limited to a 9 ' x 35 ' addition to the north side of the applicant's garage. Building plans for the garage addition are subject to review and approval by the Building Official prior to the issuance of permits. 6. The main portion of the garage shall be restored to the function of storing automobiles by replacing the overhead garage door within 12 months of issuing the building permit for the garage expansion. 7 . The applicant shall install a 10 lb. fire extinguisher in the shop area. 8 . The special use permit is subject to all applicable codes, ordinances, and regulations. Any violation thereof shall be grounds for revocation. 9. The exterior of the addition to the garage shall be consistent with the exterior of the house and garage. Voting in favor: Chairperson Kalligher, Commissioners Sander, Bernards, Mann, Holmes and Sherritt. Voting against: none. The motion passed. Commissioner Bernards asked that it be entered into the record that a letter of support had been submitted from Dr. Lescault who lives next door. The Secretary stated that he hoped to have the Group Home Ordinance back for consideration at the next meeting. He also stated that the Brooklyn Boulevard Study was awarded to Dahlgren, Shardlow and Uban and that any ordinance changes or Plan amendments would come to the Planning Commission for their review. The Secretary also informed the Commission that the 50 ' s Grill on Brooklyn Boulevard wished to make a kitchen expansion which would involve a sideyard setback variance. He stated that the Council discussed this matter at its last meeting and that staff had 5-14-92 4 i recommended that any ordinance change be considered along with the Brooklyn Boulevard Study. He stated that the Council adopted this recommendation. The Secretary also noted that Commissioner Kalligher had been appointed Planning Commission Chairperson and that the City Council was looking at the process of selecting the chairperson of each of the Advisory Commissions, whether to appoint or elect those chairpersons. ADJOURNMENT Motion by Commissioner Mann seconded by Commissioner Sherritt to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8 : 37 p.m. �er Cam" - ,,�s-csx►t �! Chairperson 5-14-92 5