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HomeMy WebLinkAbout1988 12-08 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 DECEMBER 8, 1988 l CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman George Lucht at 7:30 P.M. ROLL CALL I Chairman George Lucht, Commissioners Molly Malecki, Wallace Bernards, Mike Nelson and Ellamae Sander. Also present were Director of Planning and Inspection Ronald Warren, City Engineer Bo Spurrier and Recording Secretary Mary Lou Larsen. Chairman Lucht noted that Commissioners Lowell Ainas and Bertil Johnson were unable to attend and were excused. APPROVAL OF MINUTES - NOVEMBER 10, 1988 Motion by Commissioner Nelson seconded by Commissioner Malecki to approve the minutes of the November 10, 1988 Planning Commission meeting as submitted. Voting in favor: Commissioners Malecki, Bernards, Nelson and Sander. Voting against: none. Not voting: Chairman Lucht as he did not attend that meeting. The motion passed. APPLICATION NO. 88023 (Gary Przymus) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for special use permit approval to conduct a reupholstering business out of the tuck-under garage of the residence at 7012 Regent Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 88023 attached). He suggested that a seventh condition be added stating that approval of this application in no way implies that the applicant is exempt from the nuisance ordinance amendment regarding the parking of commercial vehicles which will become effective June 1, 1989. He noted there is a public hearing required and the proper notices have been sent. Commissioner Malecki inquired if the tuck-under garage is used to store some of the materials used in the upholstering business, could the garage still be used for other permitted accessory uses? The Secretary stated as long as a car can enter the garage and is not used entirely for the home occupation it would still be considered a garage. Chairman Lucht asked the applicant, Gary Przymus, if he had a commercial vehicle. Mr. Przymus responded he owns a 112 ton van with a weight of about 7,000 pounds. Chairman Lucht asked Mr. Przymus if he could use his garage. Mr. Przymus stated that he could if it was necessary. Commissioner Bernards asked the applicant how many vehicles he owned. Mr. Przymus stated he has a van and a car. PUBLIC HEARING Chairman Lucht opened the meeting for a public hearing and asked if anyone present wished to speak regarding the application. Clyde Phillips, 7007 Quail Avenue North, stated he lives behind Mr. Przymus and has never had a problem with the home occupation and has no problem with the granting of the permit requested. 12-8-88 -1- Commissioner Bernards asked if there is any problem with electrical disturbance. Mr. Phillips stated that there is none. Greg Koszalinski, 7013 Regent Avenue North, stated he is also a neighbor of Mr. Przymus and has never had a problem with the home occupation. He stated Mr. Przymus owns two vehicles and both are normal type vehicles. Commissioner Bernards asked Mr. Koszalinski if there has ever been any significant traffic impact caused by the home occupation. Mr. Koszalinski answered that there has not. Commissioner Bernards asked if a non-resident employee was added in the future would Mr. Przymus be required to come back before the Planning Commission and City Council for approval. The Secretary answered in the affirmative. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 88023 (Gary Przymus) Motion by Commissioner Nelson seconded by Commissioner Malecki to recommend approval of Application No. 88023 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 as operator and is nontransferable. 3. Noise from the operation of the home occupation shall not emanate beyond the property lines of the premises. 4. A fire extinguisher shall be kept in the garage for safety purposes. 5. The home occupation is deemed to be incidental and secondary to the residential use of the premises. It is noted that the home occupation is conducted in a tuck-under garage, not a separate building. 6. When stored on site, materials and furniture accessory to the home occupation shall be stored indoors. No outside storage is permitted. 7. Approval of the special use permit in no way implies exemption from the recently adopted restrictons on the parking and storage of certain vehicles in residential zoning districts which becomes effective June 1, 1989• Voting in favor: Chairman Lucht, Commissioners Malecki, Bernards, Nelson and Sander. Voting against: none. The motion passed. APPLICATION NO. 88024 (Shingle Creek Land Company) The Secretary introduced the next item of business, a request for preliminary plat approval to resubdivide into five lots the land north of I-694 and bordering on Earle Brown Bowl. The Secretary reviewed the contents of the staff report (see Planning Commission Application No. 88024 attached). Commissioner Sander asked why the lots are divided the way they are. The Secretary stated that there are no definite proposals at this time although Embers still owns a parcel for a future restaurant. He explained there is a rezoning proposed for some of the lots in the I-1 zoning district in order to restrict certain commercial development. 12-8-88 -2- Commissioner Sander inquired if the sewer lines would have to be changed to accommodate some uses. The Secretary stated they would, for example, if a hotel or motel development is proposed as they would cause much more discharge into the sewer system. He added when the Ramada Hotel was built a lift station was created for sewage disposal. The City Engineer then explained the sewer allocations for the proposed subdivision. Commissioner Bernards asked if the greenstrip was a result of this subdivision. The Secretary answered in the affirmative, but other parcels will have to comply with the 15' greenstrip requirement. Further discussion ensued regarding greenstrip requirements. Al Beisner, representative of Shingle Creek Land Company, stated he does have firm proposals for Lot 1, Block and Lot 2, Block 2 of the subdivision. He stated Embers still plans to build a restaurant on their parcel and a proposal has been made for the other parcel. PUBLIC HEARING Chairman Lucht then opened the meeting for a public hearing and asked if anyone wished to speak regarding the application. Hearing no one, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Nelson seconded by Commissioner Malecki to close the public hearing. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION N0. 88024 (Shingle Creek Land Company) Motion by Commissioner Nelson seconded by Commissioner Malecki to recommend approval of Application No. 88024 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 requirements of Chapter 15 of the City Ordinances. 3. The drainage plan for the plat shall be reviewed and approved by the West Mississippi Watershed Commission prior to final plat approval. 4. The owner of the property shall execute an easement to protect the ponding area and the overflow swale on Lot 3, Block 2 prior to final plat approval. 5. The owner shall execute, prior to final plat approval, a Subdivision Agreement covering at least the following items: a) Submission of a subdivision bond to insure completion of required improvements within public right-of-way. b) Construction of Irving Avenue North and 64th Avenue North including storm sewer, sanitary sewer, water mains, sidewalk, curb and gutter and street paving. c) A maintenance and inspection agreement for the drainage system. d) A hook-up agreement for the water main. e) Limitation on sanitary sewer flow generated by development within the plat. 12-8-88 -3- Voting in favor: Chairman Lucht, Commissioners Malecki, Bernards, Nelson and Sander. Voting against: none. The motion passed. APPLICATION NO. 88025 (Bruce Neilson) The Secretary introduced the next item of business, a request for special use permit approval to conduct an entertainment agency with one non-resident employee in the residence at 3801 53rd Avenue North. He reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 88025 (attached) . He noted there is also costume rental available and the Commission may want to add a condition regarding the recently adopted nuisance ordinance amendment concerning parking of commercial vehicles. He stated there had been one complaint received by a councilmember concerning the costume rental. Commissioner Bernards asked for clarification of size of home occupation signery. The Secretary stated the maximum allowed is 2 112 sq. ft. Commissioner Nelson stated that home occupation signs are considered identification signs. Chairman Lucht asked the applicant if he had anything to add. Bruce Neilson of Bruce Neilson/Associates explained he was not aware a special use permit was required for his operation or would have obtained one at the time he moved to his present residence at 3801 53rd Avenue North. He stated his company has been in existence for 19 years, 5 years at the present address, and offers production of night club shows, grand opening entertainment, musicals for department stores and businesses. He explained occasional rehearsals are held at the residence and adequate parking is available. Commissioner Malecki asked the applicant how many people come to the residence for the rehearsals. Mr. Neilson responded that 4 to 6 singers with four cars at the most parked at the residence (he is also part of the rehearsal group). Commissioner Malecki asked how much traffic is generated from the costume rental. Mr. Neilson stated that there is more at Halloween time than any other time of year as people come to his residence to select the type of costume desired. He explained most of the costuming ties in with the show a client requests and is taken off-site. PUBLIC HEARING Chairman Lucht then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding the application. Hearing no one, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Nelson seconded by Commissioner Malecki to close the public hearing. The motion passed. Commissioner Sander stated she is concerned that residential neighborhoods are becoming too commercial. Chairman Lucht referred to ceramic classes that generate more traffic than the proposed entertainment agency request. Mr. Neilson stated that there is very little traffic generation caused by his home occupation. The Secretary stated the ordinance tries to strike a compromise for home occupations. He stated retail sales are not allowed in residential zones unless they are produced on the property. He explained the City is limited legally as to what it can prohibit. He stated conditions of approval of the special use permit place certain restrictions on the home occupation. Mr. Neilson commented that if the costume rental activity increases that he will find a commercial location to conduct that part of his business. ACTION RECOMMENDING APPROVAL OF APPLICATION NO.88025 (Bruce Neilson) Motion by Commissioner Nelson seconded by Commissioner Malecki to recommend approval of Application No. 88025 subject to the following conditions: 12-8-88 -4- ,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 as operator and is nontransferable. 3. All parking associated with the home occupation shall be off- street on improved space provided by the applicant. 14. Special use permit approval acknowledges employment on the premises of one non-resident employee. 5. Customers shall be served on an appointment-only basis. The applicant shall make no appeals through signery for walk-in traffic from the neighborhood. 1 6. Approval of the special use permit in no way implies exemption from the recently adopted restrictions on the parking and storage of certain vehicles in residential zoning districts which becomes effective June 1, 1989. Voting in favor: Chairman Lucht, Commissioners Malecki, Bernards, Nelson and Sander. Voting against: none. The motion passed. OTHER BUSINESS The Secretary asked the Commission to review the 1989 meeting schedule distributed and comment at a later time if there is a conflict with the dates listed. The Secretary stated he received a letter from James Montgomery of Packaging Plus, Inc. regarding a study of the signery allowed at the industrial building located at 6800 Shingle Creek Parkway. This application (Application No. 88018) was denied by the Planning Commission meeting at its November 10, 1988 meeting and held off the City Council agenda in order to give the applicant time to obtain and submit further information on the height of signs along 69th Avenue North. Motion by Commissioner Bernards seconded by Commissioner Nelson to reaffirm the ' Commission's recommendation to deny Application No. 88018 and to refer it to the City Council for consideration at its December 19, 1988 meeting. The motion passed. ADJOURNMENT Motion by Commissioner Sander seconded by Commissioner Malecki to adjourn the meeting'of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:50 p.m. Chairman 12-8-88 -5- it