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HomeMy WebLinkAbout1989 03-16 PCM r� 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 MARCH 16, 1989 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman Mike Nelson at 7:32 p.m. ROLL CALL Chairman Mike Nelson, Commissioners Molly Malecki, Wallace Bernards, Lowell Ainas, and Kristen Mann. Also present were Director of Planning and Inspections Ronald Warren, City Engineer Bo Spurrier and Planner Gary Shallcross. Chairman Nelson noted that Commissioner Sander and Johnson were excused. APPROVAL OF MINUTES - MARCH 2, 1989 Motion by Commissioner Malecki seconded by Commissioner Mann to approve the minutes of the March 2, 1989 Planning Commission meeting as submitted. Voting in favor: Chairman Nelson, Commissioners Malecki, Bernards and Mann. Voting against: none. Not voting: Commissioner Ainas. The motion passed. APPLICATION NO. 89009 (Milton Carlson and Harriet Berg) Following the Chairman's explanation, the Secretary introduced the first item of business, a request to rezone from R2 to R4 the two existing four plexes at 610 and 620 53rd Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 89009 attached) . Commissioner Bernards asked how many units were nonconforming in the southeast neighborhood. The Secretary answered that there were 48 apartment units in approximately 10 buildings. Commissioner Bernards asked whether the other buildings had garages or not. The Planner answered that there was perhaps one building that had garages, but that most do not have garages. Chairman Nelson asked the applicant whether she had anything to add. Ms. Harriet Berg, the owner of 620 53rd Avenue North, stated that she wanted to build one more garage stall behind the existing garage that faces Camden. She stated that the garage would get access off 53rd through the neighboring property. PUBLIC HEARING (Application No. 89009) Chairman Nelson then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding the application. No one spoke. Chairman Nelson asked the Planning Commission for their comments and whether they felt the application should be expanded to include the other nonconforming multiple-family buildings in the southeast neighborhood. Commissioner Bernards pointed out that other buildings would have the same right to apply. The Secretary stated that the application could be limited to the two four plexes that have applied, but that the other buildings in the southeast neighborhood present essentially the same issues as these two buildings and that, to be fair to these other buildings, it might be appropriate to include them in any rezoning action. Commissioner Malecki stated that it would be appropriate to refer the matter to the southeast neighborhood group and open it up to all of the other buildings. 3-16-89 -1- Commissioner Bernards expressed some concern about the possibility of spot zoning with the scattered four plex units. The Secretary explained that spot zoning is not necessarily based on the size of the parcel to be zoned, but whether it was consistent with the Comprehensive Plan. He stated that if a rezoning action is inconsistent with the Comprehensive Plan, the Plan must be amended as has been done in a few cases for the rezoning to be accomplished. He pointed out that the Comprehensive Plan does refer to these units in the southeast neighborhood and that a rezoning to R4 would be consistent with the recommendations of the Comprehensive Plan. Commissioner Bernards asked whether adding the other units would slow the process down. The Secretary stated that it might. He stated that the staff would set up a neighborhood meeting and send notices to all neighboring properties around the other units. Commissioner Bernards asked whether the net effect of these rezonings would be to allow garages. The Secretary responded in the affirmative. He noted that it may be difficult to build garages on some of the properties because of inadequate space. He added that garages are not required in any zoning district. Commissioner Ainas stated that he was originally concerned regarding the appearance of spot zoning of these various apartment buildings. He added, however, that he felt now that the other buildings should be included in the rezoning action. He recommended that the notice to other property owners specify that it is only to make the existing apartment units conforming and not so that more units could be built. Commissioner Mann asked whether, if something happened to the buildings, the lots would be too small to rebuild four apartment units. The Secretary explained that if the buildings were destroyed now, all that could be built would be an R2 use. He went on to explain that, if the rezoning were approved, the owners could rebuild three units on the land available. He explained that to build single-family homes on the lots would then require a down zoning. Commissioner Malecki noted the existence of a three plex at 55th and Fremont. She asked whether the parcel in that case could accommodate even three dwelling units under the R4 restrictions. The Planner stated that he was not sure of the area of that particular parcel, but would check it out. Commissioner Malecki explained that, if the lot is too small to build even three units, it might as well remain R2. The Secretary agreed with this observation. ACTION TABLING APPLICATION NO. 89009 (Milton Carlson and Harriet Berg) Motion by Commissioner Malecki seconded by Commissioner Ainas to table Application No. 89009, continue the public hearing, refer the matter to the Southeast Neighborhood Advisory Group for review and comment, and to expand the rezoning application to other nonconforming multiple family buildings in the southeast neighborhood, provided they have enough land area to accommodate a multiple-family building. Voting in favor: Chairman Nelson, Commissioners Malecki, Bernards, Ainas and Mann. Voting against: none. The motion passed. APPLICATION NO. 89010 (Be.isner Ltd./Zim Computers) The Secretary then introduced the next item of business, a request for special use permit approval to allow retail sales of computers as a secondary use to a wholesale business in 6601 Shingle Creek Parkway. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 89010 attached) . The Secretary also noted that the floor area of the showroom space within the tenant space would be 1,122 sq. ft. rather than the 1,050 sq. ft. contained in the report. 3-16-89 -2- The Secretary also discussed with the Planning Commission the ordinance language that was recommended at the last Planning Commission meeting regarding retail sales in the I-1 zone. He stated that the City Attorney was concerned that the ordinance language recommended by the Planning Commission may be discriminatory if it limits retail sales to single tenant buildings. The Secretary stated that retail sales as a principal use might be eliminated from the I-1 zone, but allowed under a Planned Unit Development ordinance which staff is working on. He explained that retail sales as an accessory use to manufacturing, processing or wholesaling has been allowed in the I-1 zone probably since 1968. Commissioner Bernards asked how the City would monitor the retail sales of computers as a secondary use in this case. The Secretary answered that it would have to be through observation of the business, traffic, and other factors. He stated that most of the tenant space in question would be for salesmen that go out to business customers. He added that there would be a display area within the tenant space for potential retail sales. Chairman Nelson asked the applicant whether he had anything to add. Mr. Al Beisner, representing the building owner, stated that Zim Computers sells Apple Computers. He explained that Zim is moving out of retail sales within the next two years, but that it cannot eliminate such sales and service immediately. Therefore, he explained, the special use permit for retail sales was really a transitional use. PUBLIC HEARING (Application No. 89010) Chairman Nelson then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding the application. He noted that there was no one else present and called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Ainas seconded by Commissioner Malecki to close the public hearing on Application No. 89010. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 89010 (Beisner Ltd./Zim Computers) Motion by Commissioner Ainas seconded by Commissioner Mann to recommend approval of Application No. 89010, subject to the following conditions: 1. The special use permit is issued to Zim Computers to comprehend retail sales of computers as a secondary use within their tenant space at 6601 Shingle Creek Parkway. No other uses are comprehended and the special use permit is nontransferable. 2. The Easement Agreement and Declaration governing the parking allocation in the central parking lot serving Parkway Place, Shingle Creek Eleven and the Holiday Inn shall be amended to accord Parkway Place a minimum of six (6) additional parking stalls from the central lot. Said amendment shall be approved by the City Attorney and filed at the County prior to issuance of the special ue permit and prior to issuance of any related building permit. 3. The special use permit is subject to all applicable codes, ordinances, and regulations. Any violation thereof may be grounds for revocation. 3-16-89 -3- Voting in favor: Chairman Nelson, Commissioners Malecki, Bernards, Ainas and Mann. Voting against: none. The motion passed. The City Engineer invited the Planning Commission members to observe a demonstration of the ulti maps work station in the Engineering Department after the meeting. He explained that ulti maps would be used to generate a new zoning map that would be updated as to property lines and zoning districts. ADJOURNMENT Following a brief discussion of upcoming business items, there was a motion by Commissioner Bernards to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:37 p.m. Chairman 3-16-89 -4-