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HomeMy WebLinkAbout1989 01-12 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 JANUARY 12, 1989 CITY HALL i CALL TO ORDER 1988 PLANNING COMMISSION The 1988 Planning Commission was called to order by Chairman Pro tem Mike Nelson at 7:30 p.m. ROLL CALL 1988 PLANNING COMMISSION Chairman Pro tem Mike Nelson, Commissioners Molly Malecki, Wallace Bernards, Lowell Ainas, Bertil Johnson and Ellamae Sander. Also present were Director of Planning and Inspection Ronald Warren, City Engineer Bo Spurrier and Planner Gary Shallcross. APPROVAL OF MINUTES - DECEMBER 8, 1988 Motion by Commissioner Malecki seconded by Commissioner Sander to approve the minutes of the December 8, 1988 Planning Commission meeting as submitted. Voting in favor: Chairman Pro tem Nelson, Commissioners Malecki, Bernards, Johnson and Sander. Voting against: none. Not voting: Commissioner Ainas. ADJOURN 1988 PLANNING COMMISSION _ Motion by Commissioner Johnson seconded by Commissioner Ainas to adjourn the 1988 Planning Commission. The motion passed unanimously. - ADMINISTER OATH OF OFFICE The Secretary then administered the oath of office to existing Commissioners Wallace Bernards and Lowell Ainas and to new Commissioner Kristen Mann. CALL TO ORDER 1989 PLANNING COMMISSION Chairman Nelson then called to order the 1989 Planning Commission. ROLL CALL Chairman Mike Nelson, Commissioners Molly Malecki, Wallace Bernards, Lowell Ainas, Bertil Johnson, Ellamae Sander and Kristen Mann. ELECTION OF 1989 PLANNING COMMISSION CHAIRMAN PRO TEM Commissioner Bernards nominated and Commissioner Johnson seconded the nomination of Commissioner Molly Malecki to be the 1989 Planning Commission Chairman Pro tem. Chairman Nelson asked whether there were any other nominations. Hearing none, he called for a motion to close nominations. Motion by Commissioner Sander seconded by Commissioner Ainas to close nominations. The motion passed unanimously. Voting in favor of Commissioner Molly Malecki for 1989 Planning Commission Chairman Pro tern were: Chairman Nelson, Commissioners Bernards, Ainas, Johnson, Sander and Mann. Commissioner Malecki was elected 1989 Planning Commission Chairman Pro tern. APPLICATION NO. 89001 (Gorco Construction) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for variance approval to allow a setback less than the ordinance required 50' from County Road 57 for construction of a garage at 5658 Logan Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 89002 attached). The Secretary stated also that the 50' setback requirement from major thoroughfares probably was adopted in 1968 with a comprehensive amendment to the City's Zoning Ordinance. 1-12-89 -1- Commissioner Sander asked whether there was a sidewalk along the south side of 57th Avenue North. The Planner responded in the affirmative. Commissioner Sander asked whether the setback would be calculated from the curb line. The Secretary responded in the negative and explained that the setback was calculated from the right-of-way line, or property line, along the south side of the 57th Avenue North right-of-way. He explained there is a boulevard of approximately 15' . Commissioner Malecki asked whether the house met the 50' setback requirement. The Secretary responded in the negative. He calculated from the site plan submitted that the setback was apparently about 35 feet. Commissioner Bernards asked what was the rationale for the 50' setback. The Secretary answered that it was to set buildings back and protect from noise, odor, vibration and provide some visual relief. Commissioner Bernards asked whether the 50' setback would not allow greater safety in getting out of the driveway. The Secretary answered that it would also have that effect. Commissioner Johnson asked whether setbacks on major thoroughfares cover most of the nonconformities in the City. The Secretary answered that many of the structural nonconformities are along major thoroughfares. He pointed out that there are many nonconforming homes and garages along 69th Avenue North and Brooklyn Boulevard as well as along County Road 57. Commissioner Malecki stated that she did not consider Humboldt Avenue North and 69th Avenue North to be in the same category. The Secretary answered that 69th Avenue North west of West River Road was once a County road which was vacated by the County east of Brooklyn Boulevard. He noted that there are plans to upgrade 69th Avenue North, west of Shingle Creek Parkway, possibly to a four-lane road. Commissioner Malecki asked whether 69th west of Shingle Creek Parkway would still be a major thoroughfare if the ordinance were amended to define major thoroughfares as four-lane streets and roads. The Secretary responded in the negative. He added, however, that 69th could be specifically included in the definition or that roadway improvements in the future might make 69th a four-lane street and thus, a major thoroughfare. - - Commissioner Bernards asked whether the applicant would be able to rebuild on the existing slab. The Secretary answered that the garage was more than 50% destroyed and that if it were less than 50% destroyed, the applicant could have rebuilt at the existing 12' setback. Chairman Nelson asked the applicant whether she had anything to add. Mrs. Lois Anderson, the owner of the property at 5658 Logan Avenue North, told the Planning Commission that there was no way that she could keep up a driveway 50' long. She added that the greater setback would take out her garden and that she would probably have to sell the house because she would Int be able to keep it up. She also stated that her neighbor is a widow as well as she and that they watch each other's property. She stated that this would be impossible if the garage were placed 50' back from the right-of-way line. She concluded her remarks by again stating that she could not take care of such a large driveway. PUBLIC HEARING (Application No. 89001) Chairman Nelson then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding the application. Mrs. Swanke of 5659 Knox Avenue North (the house directly east of the Anderson residence) stated that the garage, if placed 50' back from 57th, would shade her garden. She added that she would not be able to keep an eye on her neighbor's house nor her neighbor on her house. She stated that since both Mrs. Anderson and she were widows, it was vital to them that they be able to see each other's back yard and house. Chairman Nelson asked whether anyone else wished to speak regarding the application, hearing none, he called for a motion to close the public hearing. 1-12-89 -2- CLOSE PUBLIC HEARING Motion by Commissioner Ainas seconded by Commissioner Malecki to close the public hearing on Application No. 89001. The motion passed unanimously. Chairman Nelson asked the Planning Commission for their preference on the application. Commissioner Ainas stated that he felt that the Commission should consider an ordinance amendment redefining major thoroughfares. He stated that nonconforming structures will be with the City for a long time and it maybe better to resolve these nonconformities now. He suggested that the Commission perhaps discuss an ordinance amendment at a subsequent meeting. Commissioner Johnson stated that he was also in favor of an ordinance amendment. He recommended that the Commission look at areas with the most nonconformities and eliminate those nonconformities by an ordinance amendment. The Secretary asked Commissioner Johnson whether he meant to amend the ordinance so that Brooklyn Boulevard would also not be a major thoroughfare. Commissioner Johnson responded in the negative and added that 57th west of Logan should continue to be a major thoroughfare. 1 Commissioner Johnson asked where most.of the nonconforming structures are located. The Planner answered that most of the nonconformities are along County Road 57, along 69th Avenue North, and along Bass Lake Road. He added that there are few, if any, nonconformities along Xerxes Avenue North or along Humboldt Avenue North between 65th and 69th Avenues North. Commissioner Malecki asked whether the 20' setback as proposed would be okay. The Secretary answered that, if 57th in this area were no longer a major thoroughfare, the normal ordinance setback requirement would be only 151 , since it is a lot of - record prior to December 1957. He added that the applicant would probably continue with a 20' setback so that a car could be parked between the sidewalk and the new garage. The Secretary asked Mrs. Anderson if that was the case. Mrs. Anderson responded in the affirmative, stating that she did want to be able to park a car in front of the garage. The Secretary stated that the Commission could table the application and direct staff to bring back language for an ordinance amendment for the next meeting. ACTION RECOMMENDING TABLING APPLICATION NO. 89001 AND DIRECTING STAFF TO PREPARE AN ORDINANCE AMENDMENT Motion by Commissioner Johnson seconded by Commissioner Ainas to table Application No. 89001 and direct staff to prepare an ordinance amendment redefining major thoroughfares in the Zoning Ordinance. Voting in favor: Chairman Nelson, Commissioners Malecki, Bernards, Ainas, Johnson, Sander and Mann. Voting against: none. The motion passed. APPLICATION NO. 89002 (City of Brooklyn Center) The Secretary then introduced the next item of business, a request for rezoning approval of the vacant parcel of land at the southwest corner of I94 and Brooklyn Boulevard and the adjacent single-family homes to the south from R5 (Multiple family) to C1 (Service/Office). The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 89002 attached). The Secretary added that restrictive covenants are private and are not the responsibility of the City to enforce or necessarily abide by in its zoning of property. The Secretary also added that the Neighborhood Advisory Group meeting would be open and less formal. Commissioner Malecki asked whether the rezoning application had been initiated now because of the renewal of the covenant coming at about this time. The Secretary answered that last summer the City Council considered acquisition of lots along 1-12-89 -3- Brooklyn Boulevard. There was also some inquiry by a real estate agent about the possibility of multiple family development. The City Council had indicated that it did not wish to see multiple family development in this area of Brooklyn Boulevard and asked for the rezoning action to C1 to commence. Commissioner Malecki asked whether the City would not have to observe the private covenant. The Secretary explained that the City was not bound by the private covenants insofaras they would inhibit the City from exercising its legitimate zoning authority. He pointed out that in the past private covenants had been illegally used to bar blacks and other minorities from buying homes in given subdivisions. He stated that such discriminatory covenants are not legal and could not be enforced. He stated that the covenant on the three homes along Brooklyn Boulevard was probably legal, but that the City is not a party to it. He stated that the covenants were used to do zoning in the 1950 0Is to prevent land adjacent to residential subdivisions from being used for a gas station or similar commercial use. PUBLIC HEARING (Application No. 89002) Chairman Nelson then opened the meeting for a public hearing on Application No. 89002 and asked whether anyone present wished to speak. Mr. William R. Williams of 4018 65th Avenue North stated that he felt the Cl zoning as proposed was probably appropriate for the property in question. He stated that he felt that the existing multiple family zoning was inappropriate and that C2 zoning would also be inappropriate. He stated that he would like to see buffers created, notably fences, rather than berms, when commercial development is proposed adjacent to the residential neighborhood. He stated again that he agreed with the proposed C1 zoning of the property. Commissioner Malecki asked which lots were under the private covenant. Mr. Williams and the Secretary stated that it was Lots 2, 3 and 4 of Block 1 of the subdivision (the three lots next to the large vacant parcel). In response to Mr. Williams comments, the Secretary explained that there is no plan for development as yet. He stated that the City is not necessarily going to spearhead a development of the property in the near future. He explained, therefore, that staff did not know what the layout of the proposed development would be and where buffers would be appropriate. Mr. Willard Bartos of'4106'65th Avenue North stated that the last two developments probably did not go forward because of the poor access onto Brooklyn Boulevard. He asked what types of development could be built on the property besides office buildings. The Secretary responded that the Cl zone allows for service/office uses, including real estate offices, medical clinics, accountants offices, etc. He then listed some C2 uses which are not allowed in the Cl zoning district, including retail sales, restaurants, gas stations, etc. In response to a question from Mr. Bartos about the location of a possible access road, the Secretary stated that there are many possibilities, including perhaps locating it across from France Avenue North. He stated that it was too early to speculate on a development layout. Mr. Bartos stated that they did not need any more traffic on 65th and that he would be against any development that would increase traffic in that area. Mr. Hershal Olson of 6532 Brooklyn Boulevard stated that a number of the houses along Brooklyn Boulevard in this area were for sale in the last year and asked why they had not been bought up. Chairman Nelson pointed out that the City had no plan for redevelopment as yet. Mr. Olson asked whether the City owned the large 4.5 acre parcel. The Secretary responded in the negative and added that the City does not own any of the property in consideration. He stated that the City Council decided 1-12-89 -4- last summer that it did not want to spend public money to acquire the houses, but would rather rezone the property and wait for a developer to acquire land and put together a development package. Mr. Lee Evensen of 4112 65th Avenue North briefly discussed access to the R5 zoned vacant lot. He noted that the City took the position with the Church on the Move and the proposed office condominiums that no commercial traffic could come from Indiana. He stated that the homeowners in the area were in favor of prohibiting access from Indiana. In response to another comment from Mr. Evensen, the Secretary clarified that all of the land in question has been zoned R5 since at least 1968. Mr. Evensen noted the difficulties of access off Brooklyn Boulevard and pointed out that the southbound traffic does not slow down until the light at 65th. The Secretary stated that changes have been considered to the freeway ramp from eastbound 94 to southbound Brooklyn Boulevard including the possibility of making the traffic come to a complete stop rather than allowing a merge lane. He stated that nothing has been done along these lines and that the matter may still be studied further. He added that access to the large vacant parcel does exist, but is very, very difficult. Mr. Evensen stated that access to the vacant parcel would have to be a right turn in and out only because left turns would be too dangerous. The Secretary agreed and noted that a condition of both the church and the office development was the extension of the median within Brooklyn Boulevard to make access to the large parcel a right-in/right-out access only. Mr. Evensen asked whether the City had been approached about buying any of the properties. The Secretary stated that the City has considered buying some of the _ homes, but has declined to do so to this point. He added that the City has ; recommended that the single-family homes be acquired to improve access to the large vacant parcel. The Secretary explained that the R5 zoning allows three-storey apartments at up to 16 units per acre and that the City could not deny such a development proposal under the current zoning. He explained that, although the Comprehensive Plan does not recommend high-density residential in the area, the Zoning Ordinance prevails over the Comprehensive Plan in establishing development rights for given parcels of land. i Mr. Evensen asked whether the property in question could become zoned C2 at some time in the future. Chairman Nelson stated that there would have to-be a public hearing and full rezoning process before that could happen and that the neighbors would be notified. The Secretary added that he could not guarantee against the possibility of C2 zoning someday, but that it does not fit with the Comprehensive Plan as of today. j Mr. William R. Williams again asked that the City consider ways of protecting the single-family homes for whatever type of development was ultimately built on the property. He again stated that he preferred fences over berms and asked that the neighbors be consulted when development plans are proposed. The Secretary answered that there are requirements in the Zoning Ordinance for buffers. and screening of commercial developments adjacent to single-family zoned property. Mr. Williams stated that he would like to see something like a freeway fence. Mr. Bartos suggested only half seriously that the City buy up the whole area and turn it into an industrial park. Chairman Nelson stated that the public hearing will be reopened after the Neighborhood Advisory Group has submitted its comments. The Secretary stated that staff would try to set up the neighborhood meeting soon, possibly somewhere in the neighborhood. 1-12-89 -5- h ACTION TABLING APPLICATION NO. 89002 (City of Brooklyn Center) Motion by Commissioner Ainas seconded by Commissioner Malecki to table Application No. 89002 and refer the proposed rezoning to the West Central Neighborhood Advisory Group for review and comment. Voting in favor: Chairman Nelson, Commissioners Malecki, Bernards, Ainas, Johnson, Sander and Mann. Voting against: none. The motion passed. OTHER BUSINESS Neighborhood Advisory Group Liaison Assignment The Secretary briefly reviewed with the Commission the need for liaison assignments to the Neighborhood Advisory Groups. He stated that Commissioner Malecki would represent the West Central Neighborhood, Commissioner Bernards the Southeast Neighborhood, Commissioner Ainas the Northwest Neighborhood, Commissioner Sander the Northeast Neighborhood and that Commissioners Johnson and Mann would have to r decide who would represent the Southwest and Central Neighborhoods. i ADJOURNMENT Following a brief discussion of upcoming business for the January 26 meeting, there r was a motion by Commissioner Ainas seconded by Commissioner Johnson to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 9:08 p.m. hair n f _ f 1-12-89 -6-