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HomeMy WebLinkAbout1992 01-30 PCP PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER JANUARY 30, 1992 STUDY SESSION 1 . Call to Order: 7 : 30 p.m. 2 . Roll Call 3 . Approval of Minutes - January 16, 1992 4 . Chairperson' s Explanation: The Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 5 . Phillips 66 Company 92001, 92002 , 92003 Request for site and building plan and special use permit, preliminary plat, and variance approval to construct a gas station/ convenience store/ car wash at 6901 Brooklyn Blvd. These applications were considered by the Planning Commission at its January 16, 1992 meeting. The Commission tabled the matter and directed staff to prepare a resolution of denial on the grounds that the standards for a variance are not met and that the development proposal, therefore, cannot be approved as submitted. A resolution of denial is attached. 6. Other Business 7 . Discussion Items 8 . Adjournment Member introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 92-1 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NOS. 92001, 92002 , AND 92003 SUBMITTED BY PHILIPS 66 COMPANY WHEREAS, Planning Commission Application Nos. 92001, 92002 , and 92003 were submitted by Phillips 66 Company seeking site and building plan and special use permit, preliminary plat, and variance approval for a gas station/ convenience store/ car wash at 6901 Brooklyn Blvd. ; and WHEREAS, Section 35-240, Subdivision 2 of the Zoning Ordinance states that a variance may be granted by the City Council after demonstration by evidence that all of the four standards for a Variance listed in said section of the Ordinance are met; and WHEREAS, the application was considered by the Commission at its January 16, 1992 regular meeting during which a public hearing was held and testimony regarding the request was received; and WHEREAS, the site and building plans cannot be approved without a concurrent approval of a setback variance from Brooklyn Blvd. ; and WHEREAS, the applicant has indicated no willingness to alter its plans to meet setback requirements; and WHEREAS, the Commission has considered the proposal in light of the staff report, testimony received, and the standards for a variance contained in Section 35-240. 2 of the City ' s Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center Planning Advisory Commission to recommend that Planning Commission Application Nos. 92001, 92002 , and 92003 be denied on the grounds that the applicant has not demonstrated by evidence that the standards for a variance contained in Section 35-240. 2 have been met. Specifically, the Commission finds that the standards are not met on the basis of the following: 1. The applicant has not demonstrated that it is economically infeasible to develop the property without a car wash and thereby meet required setbacks. A gas station/convenience store was developed approximately two years ago by another company at 66th Ave. N. and Highway 252 . RESOLUTION NO. 92-1 2 . The circumstance of a shallow lot depth off Brooklyn Blvd. is not unique. Many, if not most, lots along Brooklyn Blvd. are of insufficient depth to accommodate certain types of commercial development. It is necessary to either fit the development to the limitations of the site or to acquire more land to provide greater lot depth from Brooklyn Blvd. 3 . The hardship experienced by the applicant is self- imposed by the applicant's requirement to have a car wash as part of its development. 4 . Granting a variance for this redevelopment project would set a precedent for other redevelopment in this area and all along Brooklyn Blvd. If some relaxation of the setback along Brooklyn Blvd. is called for, it should be pursued with an ordinance amendment rather than with variances. BE IF FURTHER RESOLVED by the Brooklyn Center Planning Advisory Commission that based on the foregoing, it is determined that the standards for a variance contained in section 35-240. 2 of the Zoning Ordinance are not met. Without approval of a variance, the development plans, special use permit, and plat also cannot be approved. Date Chairperson ATTEST: Secretary The motion for the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted.