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HomeMy WebLinkAbout1987 12-17 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 17, 1987 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 Chairman George Lucht, Commissioners Molly Malecki, Mike Nelson, Lowell Ainas, Wallace Bernards and Ann Wallerstedt. Also present were Director of Planning and Inspection Ronald Warren, City Engineer Bo Spurrier and Recording Secretary Mary Lou Larsen. Chairman Lucht stated Commissioner Sandstrom was unable to attend this evening's meeting and was excused. APPROVAL OF MINUTES - November 12, 1987 Motion by Commissioner Ainas seconded by Commissioner Nelson to approve the minutes of the November 12, 1987 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Ainas and Bernards. Voting against: none. Not voting: Commissioner Wallerstedt, as she did not attend that meeting. The motion passed. APPLICATION NO. 87028 (Mary Korsenowski) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for preliminary registered land survey approval to resubdivide into three tracts the old Cook Paint site, the site of Omni Tool to the east, and two small vacant tracts in between. The Secretary reviewed the staff report (See Planning Commission Information Sheet for Application No. 87028 attached) . The Secretary stated a public hearing is required, the proper notices have been sent and the applicant is present to answer any questions the Commission might have. Commissioner Bernards asked if the roadway easement is a City or County responsibility. The Secretary stated it is the owner's responsibility, but may have been intended for access to the Soo Line Railroad. The City Engineer stated anyone who has an interest in the property has an interest in the roadway. The Secretary explained that after the Federal Lumber fire some easements were vacated except for the utility easement. Chairman Lucht called on the applicant to speak. Alan Stiegler, an attorney representing Mary Korsenowski of K and K Sales, stated he was not aware of any easement problem until this evening. He explained that his client is only asking for a division of the property so that it can be sold to Omni Tool. Mr. Stiegler stated it is his understanding that the other neighboring property owners would have to agree to vacate the easement and he is sure they would not want to give up that right. He noted that it is his feeling that Omni Tool should be able to use the easement for parking. The City Engineer stated that the easement is private, but the City has an interest in 48th Avenue North and that the easement divides the Omni Tool parcel. He stated 12-17-87 -1- the City could not stop Thompson Lumber from constructing a roadway and that a roadway easement entitles the property owner to get from one point to another. Mr. Stiegler stated they can do that right now and does not understand why the City is trying to prevent his client from selling the property to Omni Tool. The City Engineer stated the City's concern is that a nonconforming lot maybe created. The Secretary stated the City is only asking for a clarification and a title opinion to protect the easement. Mr. Stiegler responded that he is sure his client would be willing to sign an agreement with other property owners regarding the easement. He stated that his client, K and K Sales, does not intend to expand, but Omni Tool does. The Secretary stated the parking has to be on-site parking. Mr. Stiegler stated that an agreement will be drawn up for parking purposes only. The City Engineer stated that one condition should be added so that a resubdivision of Tract E will not be done in the future to prevent a nonconforming lot from being created. He would need to get an opinion from the City Attorney as to what that easement is. PUBLIC HEARING Chairman Lucht opened the meeting for a public hearing and asked whether anyone present wished to speak. Walter Waffensmith, a representative of Omni Tool, stated that the easement had not been used for several years. He stated his company would like to add another 12,000 sq. ft. to its building, but would need more parking. ACTION RECOMMENDING TABLING APPLICATION NO. 87028 (Nary Korzenowski) Motion by Commissioner Nelson seconded by Commissioner Ainas to table Application No. 87028 and continue the public hearing to the next Planning Commission meeting to resolve the easement question. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Ainas, Bernards and Wallerstedt. Voting against: none. The motion passed. APPLICATION NO. 87027 (Dr. John B. Lescault) The Secretary introduced the next item of business, a request for a variance from the Sign Ordinance to allow a 32 sq. ft. freestanding sign at his residence at 61142 Brooklyn Boulevard. The Secretary reviewed the staff report (see Planning Commission Information for Application No. 87027 attached) . The Secretary stated there is a public hearing required and that the proper notices had been sent. Chairman Lucht asked what size sign could be obtained if Dr. Lescault's property was zoned commercial. The Secretary responded that under the Sign Ordinance a maximum of 36 sq. ft. would be allowed if the property were zoned C1. The Secretary stated there have been eight home occupations on Brooklyn Boulevard over the years and that each one had been able to live with the sign ordinance requirements for home occupation signs. Dr. Lescault explained he had contacted a sign contractor and had been told that 32 sq. ft. sign would give the best exposure for his business on a major thoroughfare, but that he was only asking for a larger sign. He stated he was not aware of eight home occupations on Brooklyn Boulevard. He explained that with his special use permit he has the right to bring in another doctor, but has. not yet done so and that there would be no room on the existing sign to add a new name. He feels he is in a transitional area and should be allowed a larger sign. 12-17-87 -2- Chairman Lucht stated he felt Dr. Lescault is asking for a rezoning of the property from R1 to commercial. He stated if a larger size is granted in this case, all residents with home occupations may ask for the same consideration and that he is opposed to any changes in the Sign Ordinance. A brief discussion ensued regarding the need for a variance. PUBLIC HEARING Chai an Lucht 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. CLOSE PUBLIC HEARING Motion by Commis— s er Nelson seconded by Commissioner Ainas to close the public hearing. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Ainas, Bernards and Wallerstedt. Voting against: none. The motion passed. ACTION RECOMMENDING DENIAL OF APPLICATION NO. 87027 (Dr. John B. Lescault) Motion by Commissioner Ainas seconded by Commissioner Nelson to recommend denial of Application No. 87027 on the grounds that the applicant has not demonstrated that the qualifications for obtaining a variance from the Sign Ordinance contained in Section 34-180 of the City Ordinances have been met particularly in the following ways: 1. The hardship cited by the applicant is not unusual for a home occupation located on a major thoroughfare. 2. The conditions upon which the application for a variance is based are not unique inasmuchas there have been at least eight home occupations along Brooklyn Boulevard which have lived within the restrictions of the Sign Ordinance. 3. A large (4' x 8' ) home occupation sign would be detrimental to the integrity of the R1 district in which the residence of the applicant is located. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Ainas, Bernards and Wallerstedt. Voting against: none. The motion passed. The applicant, Dr. John B. Lescault, requested that his application be heard at the first City Council meeting in January, rather than the next meeting which is December 28, 1987 because he would not be able to attend the December 28 meeting. DISCUSSION ITEMS The Secretary requested that the Commission review their Neighborhood Advisory Group membership list and notify him of any changes or corrections. He also requested that the Commission review the 1988 Planning Commission meeting dates included in the packet. ADJOURNMENT Motion by Commissioner Wallerstedt seconded by Commissioner Ainas to adjourn the Planning Commission meeting. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Ainas, Bernards and Wallerstedt. Voting against: ob. The motion passed. The Planning Commission ad ' ned at 8:30 p.m. .�' ' 12-17-87 ;. Chaindall 1 1