HomeMy WebLinkAbout92-1 PCR Member introduced the
following resolution and moved its adoption:
PLANNING COMMISSION RESOLUTION NO. 92-1
RESOLUTION REGARDING RECOMMENDED DISPOSITION OF
PLANNING COMMISSION APPLICATION NOS. 92001, AND 92003
SUBMITTED BY PHILIPS 66 COMPANY
WHEREAS, Planning Commission Application Nos. 92001,
92002 , and 92003 were submitted by Phillips 66 Company seeking site
and building plan and special use permit, preliminary plat, and
variance approval for a gas station/ convenience store/ car wash at
6901 Brooklyn Blvd. ; and
WHEREAS, Section 35-240, Subdivision 2 of the Zoning
Ordinance states that a variance may be granted by the City Council
after demonstration by evidence that all of the four standards for
a Variance listed in said section of the Ordinance are met; and
WHEREAS, the application was considered by the Commission
at its January 16, 1992 regular meeting during which a public
hearing was held and testimony regarding the request was received;
and
WHEREAS, the site and building plans cannot be approved
without a concurrent approval of a setback variance from Brooklyn
Blvd. ; and
WHEREAS, the applicant has indicated no willingness to
alter its plans to meet setback requirements; and
WHEREAS, the Commission has considered the proposal in
light of the staff report, testimony received, and the standards
for a variance contained in Section 35-240. 2 of the City' s Zoning
Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center
Planning Advisory Commission to recommend that Planning Commission
Application Nos. 92001 and 92003 be denied on the grounds that the
applicant has not demonstrated by evidence that the standards for
a variance contained in Section 35-240 . 2 have been met.
Specifically, the Commission finds that the standards are not met
on the basis of the following:
1. The applicant has not demonstrated that it is
economically infeasible to develop the property
without a car wash and thereby meet required
setbacks. A gas station/convenience store was
developed approximately two years ago by another
company at 66th Ave. N. and Highway 252 .
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RESOLUTION NO. 92-1
2 . The circumstance of a shallow lot depth off
Brooklyn Blvd. is not unique. Many, if not most,
lots along Brooklyn Blvd. are of insufficient depth
to accommodate certain types of commercial
development. It is necessary to either fit the
development to the limitations of the site or to
acquire more land to provide greater lot depth from
Brooklyn Blvd.
3 . The hardship experienced by the applicant is self-
imposed by the applicant' s requirement to have a
car wash as part of its development.
4 . Granting a variance for this redevelopment project
would set a precedent for other redevelopment in
this area and all along Brooklyn Blvd. If some
relaxation of the setback along Brooklyn Blvd. is
called for, it should be pursued with an ordinance
amendment rather than with variances.
BE IF FURTHER RESOLVED by the Brooklyn Center Planning
Advisory Commission that based on the foregoing, it is determined
that the standards for a variance contained in section 35-240. 2 of
the Zoning Ordinance are not met. Without approval of a variance,
the development plans and special use permit also cannot be
approved.
January 30 , 1992
Date Chairperson
ATT ST:
Secretary
The motion for the foregoing resolution was duly seconded by
Commissioner Sander, and upon vote being taken thereon, the
following voted in favor thereof: Chairperson Molly Malecki,
Commissioners Kristen Mann, Wallace Bernards, Ella Sander, Bertil
Johnson and Mark Holmes and the following voted against the same:
none, whereupon said resolution was declared duly passed and adopted.
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