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HomeMy WebLinkAbout1988 06-16 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 169 1988 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman Pro tern Mike Nelson at 7:31 p.m. ROLL CALL Chairman Pro tem Mike Nelson, Commissioners Molly Malecki, Wallace Bernards, Ann Wallerstedt and Bertil Johnson. Also present were Director of Planning and Inspection Ronald Warren, City Engineer Bo Spurrier and Recording Secretary Mary Lou Larsen. Chairman George Lucht and Commissioner Lowell Ainas were unable to attend this evening's meeting and were excused. APPROVAL OF MINUTES - May 26, 1988 Motion by Commissioner Malecki seconded by Commissioner Bernards to approve the minutes of the May 26, 1988 Planning Commission meeting as submitted. Voting in favor: Commissioners Malecki, Bernards, and Johnson. Voting against: none. Not voting: Chairman Pro tem Nelson and Commissioner Wallerstedt. The motion passed. APPLICATION NO. 88004 (Steve and Debra Houghton) Following the Chairman Pro tem's explanation, the Secretary introduced the first item of business, a request for a special use permit to operate a carpet cleaning service with one nonresident employee as a home occupation at 2818 Mumford Road. He reviewed the staff report (see Planning Commission Information Sheet for Application No. 88004 attached). The Secretary noted that the vans used in the business are not commercially licensed, but should be parked off the premises from where the home occupation is conducted. The applicants agreed because of security reasons. The Secretary pointed out that the Building Official had been unable to make an inspection to review code matters as yet. Chairman Pro tem Nelson stated a public hearing is required and the appropriate notices have been sent to neighboring property owners. Commissioner Bernards asked if the applicants use flammable cleaning agents. The Secretary responded that they do to some extent and the conditions of approval should indicate provision for the proper fire extinguishers to be located on the premises. Commissioner Bernards asked if there would be signs on the property. The Secretary stated that there would be no signs. Commissioner Johnson inquired about restrictions on the type of materials to be stored on the property and possibly add a condition to reference the type of materials that will be used. Chairman Pro tem Nelson asked the applicants if they wished to speak regarding the application. Steve Houghton, the applicant, explained that solutions used in the cleaning business have been tested for safety. He stated that his drivers carry a five gallon pail of solution in their vans each day. He pointed out the vans are 6-16-88 -1- repaired away from the premises and taken home by his employees each night to avoid a parking problem and nuisance to his neighbors. He stated that the business had previously been conducted from a warehouse, but due to family reasons he and his wife wished to keep the business as low-key as possible and a home occupation seems to be the most feasible way. The Secretary asked the applicant if there would be other employees than the one requested in this permit. Mr. Houghton stated he has other employees who serve as a carpet cleaners and that the carpet cleaning is done in customers' homes. Mr. Houghton noted that these employees would not be on the premises. The Secretary stated he would like a clarification made that the special use permit authorizes one nonresident employee only on the premises and that other employees are not permitted to work on the premises. PUBLIC HEARING Chairman Pro tem Nelson then opened the meeting for a public hearing and recognized Jerry Parsons, of 2819 Mumford Road. Mr. Parsons stated he has talked with the applicant and has been assured there will not be an on-street parking problem or vans blocking his driveway, therefore, he has no objection to the home occupation. Chairman Pro tem Nelson asked if anyone else wished to speak regarding the application. Hearing no one, he called for a motion to close the public hearing. Commissioner Bernards asked if there is any change in the home occupation will it be referred back to the Planning Commission. The Secretary responded in the affirmative. CLOSE PUBLIC HEARING Motion by Commissioner Malecki seconded by Commissioner Wallerstedt to close the public hearing. Voting in favor: Chairman Pro tem Nelson, Commissioners Malecki, Bernards, Wallerstedt and Johnson. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 88004 (Steve and Debra Houghton) Motion by Commissioner Wallerstedt seconded by Commissioner Malecki to recommend approval of Application No. 88004 subject to the following conditions: 1. The special use permit is subject to all applicable codes, ordinances and regulations, and any violation thereof shall be grounds for revocation. 2. The special use permit is issued to the applicant and is nontransferable. 3. All parking associated with the home occupation shall be off- street on improved space provided by the applicant. 4. Special use permit approval acknowledges the employment on the premises of not more than one nonresident employee. 5. The premises shall be inspected and improved in accordance with the requirements set forth by the Building Official with respect to the home occupation office space prior to the issuance of the special use permit. 6. No more than one commercial vehicle, consistent with the limitations imposed by City Ordinances, may be kept on the property. 6-16-88 -2- Voting in favor: Chairman Pro tem Nelson, Commissioners Malecki, Bernards, Wallerstedt and Johnson. Voting against: none. The motion passed. APPLICATION NO. 88005 (Bernard Herman Architects) The Secretary introduced the next item of business, a request for site and building plan approval to construct a solarium addition to the south side of the office building at 1915 57th Avenue North. The Secretary reviewed the the staff report (see Planning Commission Information Sheet for Application No. 88005 attached). Commissioner Johnson asked if there would be an increase in traffic generation caused by the addition to the office building. He also stated that he is concerned with traffic trying to make turns into the office building parking lot from 57th Avenue North. The Secretary explained he does not foresee any major traffic problem due to the expansion of the building. He noted that there had been discussion some years ago when the Northbrook Shopping Center had been constructed regarding the possibility of extending the median down to Logan Avenue North thereby eliminating median breaks. He stated that this is a County road, therefore, the County would have to make the changes. Commissioner Bernards questioned if there is approximately 50' to the rear property line as indicated on the plan. The Secretary answered that the depth of the lot is 200' which may seem confusing because the Superamerica station next door is not nearly that deep. Commissioner Bernards asked if the property has enough existing screening from the neighboring residential properties. The Secretary responded that there are several trees and shrubs to the rear that provide adequate screening. Chairman Pro tem Nelson called on the applicant to speak. Bernard Herman, of Bernard Herman Architects,explained the office building will be a law office for Milavetz and Associates. He stated there are five Milavetz law firms in the Metro area. He explained the project consists of two parts; a solarium addition and construction of wall partitions within the building. He noted the solarium addition will not have full time people working in it, but will be used as an employee lunch room and meeting room. Mr. Herman asked for clarification of the site performance condition (Condition No. 3) and the trailway easement condition (Condition No.8). The Secretary explained that the site performance agreement is a standard condition required for all site and building plan approvals to assure completion of outside improvements. He noted there are no real outside improvements with this plan and the condition could possibly be eliminated in this case. City Engineer Bo Spurrier explained that the City's access across the property enables the City to locate sanitary and storm sewers out of 57th Avenue North so that no damage is done to 57th Avenue North. He explained the utility easement parking setback, is the northern 10' of property. He stated that the City is willing to pay the appraised value of the easement for the bike/pedestrian trailway which connects to the Regional park facility near the NSP power line to the Mississipi River and also to the City's other trailway system along Shingle Creek Parkway. Further discussion ensued regarding the trailway system and placement of a sign. City Engineer Bo Spurrier asked where the sign would be located from the curb. Mr. Herman stated they would like to locate the sign as close as possible to 57th Avenue North with landscaping. The City Engineer stated the sign would have to be placed so that it would not interfere with the trailway easement being sought. He noted 6-16-88 -3- that it appeared he would only need about a 5' easement for the trailway and that he believed the matter could be worked out so that the sign could be properly placed. The Secretary suggested eliminating Condition No. 3 regarding the performance agreement and modifying Condition No. 7 to allow for Mr. Herman's concern for the sign. He stated the architect and the City Engineer can work out the specific distance for the easement before the consideration by the City Council. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 88005 (Bernard Herman, Architects Motion by Commissioner Johnson seconded by Commissioner Malecki to approve Application No. 88005 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. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. Straight B6 curb shall be provided around all parking and driving areas. 7. The owner of the property shall enter into easement agreements for utilities and drainage and for a trailway not more than 5' in width, across the property prior to the issuance of permits. Voting in favor: Chairman Pro tem Nelson, Commissioners Malecki, Bernards, Wallerstedt and Johnson. Voting against: none. The motion passed. APPLICATION NO. 88006 (Robert J. Regan) The Secretary introduced the next item of business, a request for site and building plan and special use permit approval to construct a 50' x 172' addition to the school bus garage at 4435 68th Avenue North. The Secretary reviewed the staff report (see Planning Commission Information Sheet for Application No. 88006 attached). He referred to an ordinance amendment in 1980 at the time of the original construction of the bus garage to allow the bus garage as a special use in the C2 zoning district. He stated there is a public hearing required and the appropriate notices have been sent to the neighboring property owners. Chairman Pro tem Nelson asked the applicant if he wished to speak regarding the application. Robert Regan, the owner and applicant for the bus garage, explained his company has been in business for 25 years and the time has come for expansion of the building to allow storage for an additional 16 buses. He stated Brooklyn Center High School has applied for a contract to house their school buses. 6-16-88 -4- Commissioner. Bernards asked when the project would be completed. Mr. Regan stated they hoped to be ready for the fall school term. Commissioner Johnson asked if this application has any bearing on paving the vacant property next to the bus garage. The Secretary explained it does not, but that if car dealerships wish to continue to use this vacant parcel to store cars, a special use permit would have to be obtained and a paved and improved parking lot built. The Secretary asked if the addition would be sufficient to store the additional buses so that they would no longer be outside the building. Mr. Regan responded that they may already be underbuilt, but they will not store buses outside. PUBLIC HEARING Chairman Nelson then opened the meeting for a public hearing and asked if anyone present wished to speak regarding the application. Hearing no one, he called for a motion to close the public hearing. The Secretary stated that Lowell Zitzloff, owner of a neighboring property, had called to say he had no objection to the application. CLOSE PUBLIC HEARING Motion by Commissioner Wallerstedt seconded by Commissioner Malecki to close the public hearing. Voting in favor: Chairman Pro tem Nelson, Commissioners Malecki, Bernards, Wallerstedt and Johnson. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 88006 (Robert J. Regan) Motion by Commissioner Bernards seconded by Commissioner Wallerstedt to approve Application No. 88006, 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. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 6-16-88 -5- 9. The plans shall be modified prior to consideration by the City Council to indicate a parking delineator (B612 curb and gutter) at the east end of the row of parking along the north side of the lot (in the newly paved area). 10. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 11. Parking of cars on the north portion of the property by off-site auto dealerships is strictly prohibited unless and until a separate special use permit is granted for such use. 12. The conveyance of additional runoff from the expanded parking lot to the I-694 right-of-way is subject to approval by MN/DOT. Voting in favor: Chairman Pro tem Mike Nelson, Commissioners Malecki, Bernards, Wallerstedt and Johnson. Voting against: none. The motion passed. APPLICATION NO. 88007 (Robert Zappa) The Secretary introduced the next item of business, a request for site and building plan approval for a 12 unit apartment building at approximately 6637 Humboldt Avenue North. The Secretary reviewed the staff report (see Planning Commission Information Sheet for Application No. 88007 attached). He stated there is a problem with the plan showing 11 three bedroom units due to the fact that the ordinance requires 250 sq. ft. of additional land area for each unit with over two bedrooms and limits such units to 10% of the units in any multiple dwelling. Based on this requirement. he stated, only one three bedroom unit would be allowed. Commissioner Johnson asked why there is a restriction placed on number of three bedroom units. The Secretary responded that he assumed the reason for these limitations was a method of controlling density in mult-family zoning districts. He added that there is the potential for more occupants in complexes with three bedroom units and possibly more traffic and other activity associated with multiple-family use of property. He further added that the ordinance also reduces the density of an apartment by 250 sq. ft. per unit for efficiency units and limits these to no more than 10% of the total also. He pointed out that the ordinance was probably designed to provide a mix of units with mostly one and two bedrooms and to avoid over concentrations of efficiency and three bedroom units. Chairman Pro tem Nelson asked the applicant if he had anything to add. Robert Zappa, owner and developer of the property, stated he had contacted the Metropolitan HRA and was informed there is a shortage of apartment buildings with three bedroom units and that he was encouraged to provide such units. He stated he would rent to low income families and is attempting to provide units that fill a void in the area. He also stated that the correct number of garages to be built should be 17. Commissioner Johnson asked if the number of occupants in an apartment can legally be limited. Mr. Zappa stated that he thought it could and would be willing to limit the number of occupants if that was a concern to the City. In response to an inquiry by Commissioner Bernards, Mr. Zappa stated that he has had no problems renting to low income, large families in other buildings that he owns. He stated he intends to install a fence to avoid problems with surrounding neighbors. He added the color of the new apartment building would be the same as the blue/gray combination proposed for the existing building. The Secretary pointed out that he did not believe the City could impose any special occupancy 6-16-88 -6- restrictions other than those already contained in the Housing Maintenance and Occupancy Ordinance. He also recommended that decision not be made on whether or not the apartment is to be for low income people. The Secretary stated there are three options: an ordinance amendment, the applicant has the right to seek a variance, or it can be left alone. He stated tabling may be appropriate in order to give staff time to research for background information. Chairman Pro tem Nelson polled the Commissioners for their opinions. Commissioner Bernards stated he considered the 250 sq. ft. density an important factor. Commissioner Malecki asked for clarification of the basis for the 10% figure. Commissioner Bernards added a play area is needed. Commissioner Wallerstedt stated she was also in favor of providing a play area. Chairman Pro tem Nelson stated he was in favor of an ordinance amendment and further research. He asked how much land is available in the R4 and R5 districts. The Secretary responded vacant land is scare in Brooklyn Center. ACTION TABLING APPLICATION NO. 88007 (Robert Zappa) Motion by Commissioner Bernards seconded by Commissioner Malecki to table Application No. 88007 to allow staff to research background information. Voting in favor: Chairman Pro tem Nelson, Commissioners Malecki, Bernards, Wallerstedt, and Johnson. Voting against: none. The motion passed. DISCUSSION ITEM a) Theatre Parking Ordinance Amendment This ordinance amendment provides a change from one space for three seats to one space for four seats in the parking requirement for theatres located in a shopping center. ACTION APPROVING ORDINANCE AMENDMENT Motion by Commissioner Bernards seconded by Commissioner Malecki to recommend approval of the draft ordinance amendment as submitted. Voting in favor: Chairman Pro tem Nelson, Commissioners Malecki, Bernards, Wallerstedt and Johnson. Voting against: none. The motion passed. ADJOURNMENT Motion by Commissioner Wallerstedt seconded by Commissioner Malecki to adjourn the meeting of the Planning Commission. Voting in favor: Chairman Pro tem Nelson, Commissioners Malecki, Bernards, Wallerstedt and Johnson. The motion passed. The Planning Commission adjourned at 10:05 p.m. Chairman 6-16-88 -7- 1 � 1