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HomeMy WebLinkAbout1990 03-01 PCP I � PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER MARCH 1, 1990 STUDY SESSION 1. Call to Order: 7:30 p.m. 2 . Roll Call 3 . Approval of Minutes - February 1, 1990 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. Duane Saari 90001 Request for approval of a variance to subdivide by metes and bounds, redrawing the common property line between 5113 Paul Drive and 6412 Scott Avenue North to eliminate an encroachment of the Saari Driveway on the neighboring lot. 6. Other Business 7. Discussion Items a) Ordinance amendment regarding uses permitted in the C1, C2 and I-1 Districts 8 . Adjournment � I i Planning Commission Information Sheet Application No. 90001 Applicant: Duane Saari Location: 5113 Paul Drive, 6412 Scott Avenue North Request: Variance (Subdivision by metes and bounds) The applicant requests variance approval to allow a subdivision by metes and bounds (rather than by formal plat) in order to relocate the common property line between 5113 Paul Drive and 6412 Scott Avenue North. The purpose of the subdivision is simply to redraw the boundary line to be consistent with physical realities (such as the Saaris' driveway) . It is not to create a separate buildable I lot. Under the Subdivision Ordinance, subdivisions are to be performed by plat or registered land survey. The proposal to subdivide by metes and bounds requires a variance to be granted from the Subdivision Ordinance. Generally, such variances are granted as long as the following conditions apply: 1) No new buildable lots are created. 2) The underlying lots are platted. ' 3) Setbacks and lot area requirements will still be met after the property line is redrawn. All three of these conditions are met in this case. No buildable lots are created. The underlying lots are platted. The resulting lot areas will be 11,121 sq. ft. for the Rooney property (the corner lot at 6412 Scott Avenue North) and 9,900 sq. ft. for the Saari property (5113 Paul Drive, an interior lot) . City ordinances require 10,500 sq. ft. for a corner lot and 9,500 sq. ft. for an interior lot. The new lot line will be directly north-south, whereas the existing lot line runs at an angle and lies within the Saaris' driveway, or rather the Saari driveway lies partially on the Rooneys' property. The new property line will leave the Saaris' garage 4 .7 ' from the west lot line. The minimum required by the Zoning Ordinance is 31 . The proposed variance application appears to meet the City's policy regarding subdivisions by metes and bounds. Approval is recommended, subject to at least the following conditions: 1. The new legal descriptions and necessary deeds for transfer of property shall be filed with the titles to the property at the County. 3-1-90 '♦ I i City of Brooklyn Center Planning _Committee 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Gary Shallcross We are requesting a change in the lot line between Duane M Saari and John Rooney. This request is 'due to the lot line as it now stands there is not a straight acess to the Saari garage. His driveway runs over the Rooney property, in fact at the street end of Saari ' s driveway the lot line is approximately in the center of it. When Saari ' s purchased the property 17+ years agoi, the lot line irregularity did nol--show up during the closing or the title search. After the closing the neighbors discussed the problem and Saari agreed to go along with the agreement the previous owner of the Paul Drive home and Mr. Rooney had made. That agreement gave Rooney 12 feet at the back of his lot and 9.5 feet at the front of the lot line at the street to Saari . This change is an asset to both partiesfor Saari it is straight acess to his garage, for Rooney it has squared off his back yard and increased it. Also, this change is necessary for either party to be able to sell their property as it is not listable as is. We appreciate your consideration of this problem and hope you will see our problem and straighten the lot line out for us. Thank you in advance. Duane H. Saari John Rooney 5113 Paul Drive 6412 Scott Ave Broojlyn Center, MN 55429 Brooklyn Center, MN 55429 r� 15-112 Section 15-112. VARIANCES. a. The council may authorize a variance from these regulations when in its opinion, undue hardship may result from strict compliance. In granting any variance the council shall prescribe only conditions that it deems necessary to or desirable for the public interest. I In making its findings as required herein below, the council shall take into account the nature of the proposed use of land, the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. To grant a variance, the council shall find: ' 1. That there are special circumstances or conditions affecting said property such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of his land. 2. That the variance is .necessary for the preservation and enjoyment of a substantial property right of the petitioner. 3. That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated. b. Application for any such variance shall be made in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the council, stating fully and clearly all facts relied upon by the petitioner and shall be supplemented with maps, plans or other additional data which may aid the council in the analysis of the proposed project. The plans for such development shall include such covenants, restrictions, or other legal provisions necessary to guarantee the full achievement of the plan. • • I • rN iF Mm e. Em ■/■■ • ■ �r �t■tt��ttttttttttll�� Lot VIII/1 �t�ttttt��� / MM �■�t■t■ 6112 �tttttttttc ��■t��■�" • ■ �z :� its mm M Imm all wills Bills Isom its m In m Mm M m Mm Mm ME milt wow m " , � " M e ■ Mm M mop molls MM .. ■ " - •I//fit /�■ ■� �■�.. � �� � a mm MM man ,11111■►wr�I = MM -1...., Mim M �8 ■ , ■■t mm mIF4 now mms MM 64 IM MjAl'A!lh' �, M ■ Io ern- �• MW MM Ml M MM solo Ai Iowa M AM Mal MIMI \ Y ` MW =, �ow r MW t • . OW Mal I A CERTIFICATE of SURVEY for : R.E.Stransky Land Surveyors D U A N E S A A R 2301 WOOaCnCt!street•suite 201 W • 612)482 03 55113 JOHN ROONEY (612)482-0386 SCALE- 1' . 20 i..t SURVEY OF: Lot 3 and Lot 4, Block 3; DONNAY"S Bearings sham are assumed BROOK LYN GARDENS according to the p Denotes Iron monument marked by plat of record and on file in the Minnesota Registration Mo. 11945 Office of the County Recorder, Hennepin County, Minnesota. I e�Denotes iron monument found LOT 2 Subject to easements of record. r LOT 17 v S 0°02'3411W 130.49 I � � i -- N c2 ^ t 3 S.Z ���--�t--- t _ 2 eo t4 O Wtn W S! _-V C. Ct U IL WQ v o- x m% P- LOT 3 a m I (` /?! W 4 0 0 DO W u = 7.e- Z. Y 0 q i o s Wt t !c Zt.z C S 0°29 54 eVI4-.N.�77 100_87 (4c�)4 z°2 /v?< - LOT s 35.3 PP 014 Lr 0 W �• S \ VJ V I to �`y6 N CS / yimaKo ?W 0.2 =11 � t i Z • t 4W 3i J o o 0- 1 , L 4 �_ -- U.,4/---- 39.9 N �_ a0 ao {W t) l0 U- ( 0 O O V1 ? N Q N Q Z (l r M „0 LOT 4 J — J l e o 3 a o in i♦J a 0 1 J " -u Q V iL ak W 25 pj 1 t ' -- p.3°5115211 85.00 �n Ln `�, ��( R=1260.26 °N 3021145"W I 0._ S U.iZFAGE I hereby cerify that this survey• plan or p x1.5 $/7 �� N U r report was prepared by am me or under my disc C supervlaion and that I as a duly licensed 0 - 'Land Surveyor under the laws of the State SC r !� T•. of Minnesota. V _ /^/ n- - �� Si ad this day of( 1989 NOTE: Ther .are no encroachments to'or from said 1 parcels except as shown hereon. Robert E. Stransky, LS Minn. Lie. No. 14945 023-8903V AW 33-//9-ZI i a i - • MEMORANDUM TO: Planning Commission Members FROM: Planning Staff �I SUBJECT: Uses Permitted in Cl, C2, and I-1 Zones DATE: February 27, 1990 This memo is to return to the Planning Commission for consideration a City-initiated rezoning application (No. 89003) to rezone a number of parcels near or adjacent to the freeway from I-1 to C2, and an ordinance amendment which would eliminate certain commercial uses from the I-1 to C2, and an ordinance amendment which would eliminate certain commercial uses from the I-1 zone special uses. The Planning Commission considered these matters early in 1989 and adopted Planning Commission Resolution Nos. 89-1 (Comprehensive Plan amendment) and 89-2 (Rezoning) recommending to the City Council adoption of a Comprehensive Plan amendment and the rezoning on March 2, 199 : Attached is a copy of the minutes of the March 2, 198 P Planning Commission meeting, the resolutions and the recomm nded ordinance amendment. These matters were not considered by the City Council, but were held off, pending adoption of a Planned Unit Development ordinance, which will add flexibility to all zoning districts within the City. Also attached for the Commission's consideration is a new draft ordinance amendment regarding uses permitted in the C1, C2, and I-1 zones. It differs from the ordinance recommended by the Commission in March 1989 in certain respects. First of all, it adds as a permitted use, in the C1 and C2 zones, leasing offices provided there is no storage or display of products on the use site. Secondly, it removes automobile and truck rental and leasing as a permitted use in the I-1 zone. It is believed that such a use, unless it is simply a leasing office, would likely involve outdoor storage of leased vehicles or inventory which is otherwise prohibited in the I-1 zone. Thirdly, and most importantly, it eliminates from the I-1 zone all retail sales uses as principal uses. The previous ordinance amendment allowed certain single- tenant retail uses, however, the City Attorney has expressed I concerns about that approach. Retail sales as an accessory use would still be allowed by special use permit. We feel that the Schmitt Music use--which combines warehousing, educational lessons, and retail sales--can be comprehended under this provision. Other retail sales uses may be comprehended under a PUD approval. Finally, the new ordinance amendment reduces the range of commercial uses allowed in the I-1 zone by special use permit. Among the uses to be eliminated from consideration would be: eating establishments of all kinds, equipment rental and leasing services, hospitals, gasoline service stations and motor vehicle repair, transient lodging, clubrooms and lodges. School bus garages and tennis clubs would be added as special uses in the I-1 zone. I I I • Memo Page 2 February 27, 1990 The general effect of these changes would be to make the I-1 zone more of a zone for employment, where commerce would have a limited role. The rezoning of land adjacent to the freeway should accommodate commercial development demand in this area for some time to come. Moreover, the PUD ordinance will add flexibility for mixing uses which did not previously exist. We feel that the draft ordinance amendment would include in the I-1 zone uses which are likely to be compatible with, complementary to, and of comparable intensity to the other uses permitted in the I-1 zone. A copy of the C2 and I-1 permitted and special uses is attached for the Commission's review. We will be prepared to discuss this matter further at Thursday's meeting. It is hoped that the Commission can act on the revised ordinance amendment at that time. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA MARCH 2, 1989 STUDY SESSION CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman Mike Nelson at 7:31 p.m. ROLL CALL Chairman Mike Nelson, Commissioners Molly Malecki, Wallace Bernards, and Kristen Mann. Also present were Director of Planning and Inspection Ronald Warren, City Engineer Bo Spurrier and Planner Gary Shallcross. APPROVAL OF MINUTES - FEBRUARY 16, 1989 Motion by mi Comssioner Malecki seconded by Commissioner Bernards to approve the minutes of the February 16, 1989 meeting as submitted. Voting in favor: Chairman Nelson, Commissioners Malecki and Bernards. Voting against: none. Not voting: Commissioner Mann. The motion passed. /APPLICATION NO. 89003 (City of Brooklyn Center) ollowing the Chairman's explanation, the Secretary introduced the first item of business, a request for approval of a rezoning from I-1 to C2 of the land generally lying near the freeway between Shingle Creek and Highway 100. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 89003 attached) . The Secretary also reviewed with the Commission the draft ordinance amendment regarding special uses in the I-1 zone. He explained that all of the uses that would be eliminated were special uses. He went on to explain that there have been amendments to the I-1 zone permitted uses in the past that have allowed more and more commercial uses by special use permit. He stated that the concern arose last year that the City would be unable to deny a special use permit for a convenience food restaurant and a budget rate motel at the northwest corner of Freeway Boulevard and Shingle Creek Parkway. He explained that the amended I-1 zone special uses would eliminate transient lodging and convenience food restaurants as special uses in the I-1 zone. He added that gas stations and multiple tenant retail centers would also be excluded. He noted, however, that single tenant retail buildings offering for sale large ticket items such as furniture and appliances would be allowed by special use permit. He stated that he would consult with the City Attorney regarding the legality of limiting retail uses to single tenant uses. The Secretary then went on to review with the Commission the draft resolution on the amendment of the Comprehensive Plan and the draft resolution regarding the proposed rezoning. He explained that there should be a public hearing for both the Comprehensive Plan amendment and the rezoning. Chairman Nelson stated that he thought the ordinance amendment would regulate eating establishments by setting a minimum number of seats. He asked why live entertainment was selected as a describing element. The Secretary responded that eating establishments are allowed as a permitted use in the C2 zoning district, but that eating establishments offering live entertainment are classified as a special use in the C2 zone and would also be a special use in the I-1 zone. 3-2-89 _1_ In response to a question from Chairman Nelson regarding the possible legal challenge to the types of retail uses allowed, the Secretary stated that he thought you could distinguish between establishments offering for sale large ticket items such as furniture and appliances, and those which offer a broader range of products. Chairman Nelson asked whether a Holiday warehouse would be permitted in the I-1 zone. The Secretary responded in the negative, noting that Holiday sells a variety of items, some of which are not big ticket items. Commissioner Bernards asked whether a single tenant establishment implied a separate building. The Secretary responded in the affirmative, explaining establishments could not be attached in multiple tenant buildings. PUBLIC HEARING (Comprehensive Plan Amendment and Application No. 89003) Chairman Nelson then opened the meeting for a public hearing on the Comprehensive Plan amendment and on Application No. 89003 and asked whether anyone present wished to speak regarding the application and amendment. Mr. Al Beisner, representing Richardson and Sons, a prominent owner of land in the area to be rezoned, stated that he was pretty much in agreement with the rezoning and the ordinance amendment proposed by staff. He noted that a computer sales company has applied for space in the Parkway Place building. The Secretary explained that retail sales of goods wholesaled, processed or manufactured on the use site would still be a special use in the I-1 zone. He stated that the concern that staff had at present was whether retail sales could be limited to single tenant buildings. Mr. Beisner stated that he thought the ordinance amendment would clean up the I-1 zone. He added that the industrial park is becoming more service oriented than manufacturing or warehousing oriented. CLOSE PUBLIC 'HEARING Motion by Commissioner Malecki seconded by Commissioner Mann to close the public hearing on Application No. 89003. The motion passed unanimously. Chairman Nelson suggested that the draft ordinance be amended slightly to comprehend "other uses similar in nature" on the single tenant retail uses acknowledged in the I-1 zone. The Planner added that it might be appropriate to add "as determined by the City Council" rather than giving the discretion to the staff to make such a determination. Chairman Nelson stated that an appeal of a staff determination could always be made if it went against a potential user. The -Secretary pointed out that determinations by the City Council are relied on in the C1 and C2 zoning districts as well and such language might be appropriate. Commissioner Bernards asked whether the traffic study which was done a couple of years ago covered the area to be rezoned. The Secretary responded in the affirmative, explaining that the traffic study included Brookdale and the entire commercial and industrial area in the central part of town. Commissioner Bernards stated that he saw the rezoning as having a neutral impact on potential development in the area. The Secretary agreed, explaining that the rezoning would really ratify the trend toward commercial development near the freeway. He explained that the concern was aroused by a proposal to put a convenience food restaurant and a budget motel at the northwest corner of Shingle Creek Parkway and Freeway Boulevard. The City staff and Council did not feel that such a proposal was appropriate and the ordinance amendment and rezoning are intended to address those concerns. Mr. Al Beisner told the Planning Commission that Hardees and Super 8 would be going into the area south of Freeway Boulevard and east of Shingle Creek Parkway in part of 3-2-89 -2- the area to be rezoned. The Secretary stated that the City has had no problem with commercial uses south of Freeway Boulevard and that is why that area is being rezoned. CLOSE PUBLIC HEARING Motion by Commissioner Mann seconded by Commissioner Malecki to close the public hearing on the proposed Comprehensive Plan amendment. The motion passed unanimously. ACTION ADOPTING PLANNING COMMISSION RESOLUTION NO. 89-1 (COMPREHENSIVE PLAN AMENDMENT RESOLUTION RECOMMENDING AMENDMENT OF CITY COUNCIL RESOLUTION NO. 82-255 (COMPREHENSIVE PLAN RELATIVE TO LAND NORTH OF THE FREEWAY AND EAST OF SHINGLE CREEK, ADJACENT TO FREEWAY BOULEVARD Motion by Commissioner Mann seconded by Commissioner Malecki to adopt Planning Commission Resolution No. 89-1, recommending an amendment to the City's Comprehensive Plan to allow commercial and service/office development in area 6a of Figure 15 of the Comprehensive Plan. Voting in favor: Chairman Nelson, Commissioners Malecki, Bernards and Mann. Voting against: none. The motion passed. ACTION ADOPTING PLANNING COMMISSION RESOLUTION NO. 89-2 (Application No. 89003 submitted by the City of Brooklyn Center RESOLUTION REGARDING RECOMMENDED DISPOSITION OF APPLICATION N0. 89003 SUBMITTED BY THE CITY OF BROOKLYN CENTER Motion by Commissioner Bernards seconded by Commissioner Mann to adopt Planning Commission Resolution No. 89-2 regarding rezoning Application No. 89003 submitted by the City of Brooklyn Center. Voting in favor: Chairman Nelson, Commissioners Malecki, Bernards and Mann. -Voting against: none. The motion passed. MOTION RECOMMENDING ORDINANCE AMENDMENT TO THE I-1 ZONE SPECIAL USES Motion by Commissioner Malecki seconded by Commissioner Mann to recommend an ordinance amendment regarding special uses in the I-1 zone and including language acknowledging uses similar in nature as determined by the City Council to the allowable single tenant retail establishments. Voting in favor: Chairman Nelson, Commissioners Malecki, Bernards and Mann. Voting against: none. The motion passed. The Secretary informed the Commission that he would be getting some additional information from Mr. Donn Wiski, the City's consultant on land use regulations on group homes, and would pass it along in the near future. The Secretary also stated that he was grossly mis-stated by the Brooklyn Center Post in its February 23 issue where some quotes were attributed to him regarding clientele in group homes. He noted a number of erroneous quotes and clarified his statement to the Planning Commission. ADJOURNMENT Motion by Commissioner Malecki to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:17 P.m. 0 Chairman 3-2-89 -3- Planning Commission Information Sheet Application No. 89003 Applicant: City of Brooklyn Center Location: Generally between I694 and Freeway Boulevard from Shingle Creek to Days Inn and between I694 and Summit Drive between Shingle Creek Parkway and Highway 100. Request: Rezoning This City-initiated rezoning was reviewed by the Planning Commission at its January 26, 1989 study meeting. The application was tabled and the public hearing continued to a later date. A Comprehensive Plan amendment has been prepared and a public hearing on the Comprehensive Plan amendment has been called. The parcels affected by the rezoning have been highlighted on the attached area map and are located generally between I694 and Freeway Boulevard from Shingle Creek to the Days Inn (the Holiday Inn site is also included) and between Summit Drive and I694 from Shingle Creek Parkway to Highway 100. The existing zoning is I-1 (Industrial Park) and the proposed zoning is C2 (Commerce). Along with the rezoning application is a draft ordinance amendment which would eliminate certain commercial uses from consideration in the I-1 zone (among them transient lodging and convenience food restaurants). As we have indicated in our previous report (attached), one purpose of the rezoning application is to ratify the trend to commercial development where it seems most likely to occur and to limit the possibilities of commercial development in the I-1 zone. The Commission is urged to act on the ordinance concomitant with the rezoning. The Comprehensive Plan amendment covers area 6a from the Land Use Revisions Map of the Comprehensive Plan (attached). That area includes the Holiday Inn site, the LaCasita restaurant, and land south of Freeway Boulevard and east of Shingle Creek Parkway. The land use recommended for area 6a in Table 14 (also attached) of the Plan is light industrial. We recommend broadening that designation to include commercial and service/office uses as well. A draft resolution recommending the Comprehensive Plan amendment is attached for the Commission's review. A resolution relating to the rezoning application is also attached. 3-2-89 • i • • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1989 at p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances Regarding Special Uses in the I-1 Zoning District. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561-5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING SPECIAL USES IN THE I-1 ZONING DISTRICT THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35-330. I-1 INDUSTRIAL PARK 3. Special Uses [c. Gasoline service stations (see Section 35-414), motor vehicle repair and auto washes provided they do not abut an R1, R2, or R3 district, including abutment at a street line; trailer rental in conjunction with these uses, provided that there is adequate trailer parking space.] [d.] c. Retail sales of products manufactured, processed, or wholesaled on the use site. [e.1 d. Accessory off-site parking not located on the same property with the principal use, subject to the provisions of Section 35-701. [f.] e. Those commercial developments, which in each specific case, are demonstrated to the City Council to be: 1. Compatible with existing adjacent land uses as well as with those uses permitted in the I-1 district generally. 2. Complementary to existing adjacent land uses as well as to those uses permitted in the I-1 district generally. 3. Of comparable intensity to permitted I-1 district land uses with respect to activity levels. 4. Planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon the industrial park or the community. and which are described in Section 35-322, Subsection 1 (b) , 1 (d) through 1 (j) ; 13 (c); 3 (d); and 3 (g) through 3 (J)]. Such commercial developments shall be subject to I-1 district requirements of Section 35-400 and 35 413 and shall otherwise be subject to the ordinance requirements of the use classification which the proposed development represents. I 1 I I I ORDINANCE NO. f. Eating establishments offering live entertainment. g. Single-tenant retail establishments offering for sale any of the following items: — Furniture Appliances Musical instruments Office equipment Electronics Computers and other items similar in nature to the foregoing as determined by the City Council. [g.] h. Warehousing and storage uses which, in each specific case, are demonstrated to the City Council to be: 1. Compatible with existing adjacent land uses as well as with those uses permitted in the I-1 district generally. 2. Of comparable intensity to permitted I-1 district land uses with respect to activity levels. i provided such uses shall adhere to applicable requirements in the I-1 district and shall not involve maintenance or servicing of vehicles on the site. [h.] i. Other noncommercial uses required for the public welfare as determined by the Council, including accessory outside storage of materials when screened from view by an opaque wall. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1989. Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted) . adoption:Member Kristen Mann introduced the following resolution and moved its _ PLANNING COMMISSION RESOLUTION N0. 89-1 RESOLUTION RECOMMENDING AMENDMENT OF CITY COUNCIL RESOLUTION NO. 82-255 (COMPREHENSIVE PLAN RELATIVE TO LAND NORTH OF THE FREEWAY AND EAST OF SHINGLE CREEK, ADJACENT TO FREEWAY BOULEVARD WHEREAS, the City Council on December 20, 1982 adopted Resolution No. 82- 255, adopting the updated Brooklyn Center Comprehensive Plan; and WHEREAS, the Plan's Land Use Revisions Map at page 98 (Table 14 and Figure 15) designates the area north of Interstate 694 (area 6a) for light industrial; and WHEREAS, a rezoning request (Application No. 89003) by the City of Brooklyn Center has been submitted to rezone 18 parcels comprising approximately 68 acres of land adjacent to Interstate 694 from I-1 (Light Industrial) to C2 (Commerce) to eliminate the possibility of industrial development on these parcels; and WHEREAS, the rezoning request is partially inconsistent with Table 14 of the Plan which recommends only light industrial for part of the area considered for rezoning; and WHEREAS, the Planning Commission has considered a Comprehensive Plan amendment to Table 14 in conjunction with the rezoning application and finds the rezoning proposal to be in the best interests of the community; and WHEREAS, pursuant to Section 35-202 of the City ordinances, the Planning Commission held a public hearing on March 2, 1989 to consider an amendment to the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center Planning Advisory Commission to recommend to the City Council, pursuant to Section 35-202 of the City Ordinances, that City Council Resolution No. 82-255 (Comprehensive Plan) be mended to allow commercial and service/office development in the area north of Interstate 94 and east of Shingle Creek (adjacent to Freeway Boulevard, area 6a of Table 14) based upon the following findings: 1. Commercial and service/office development has already taken place in this area and has been acknowledged under the existing I-1 zoning. 2. It is appropriate now to ratify the trend toward commercial development near the Interstate by rezoning a number of parcels to C2. Such a rezoning, however, is not strictly consistent with the Plan recommendation for land north of the Interstate to be developed light industrial. 3. Traffic impact in this area will not be adversely affected by such an amendment and this amendment has no adverse effect on any Metropolitan systems. 40 _ 4. Such a Comprehensive Plan amendment is in the best interests of the community, given the above considerations. RESOLUTION NO. 89-1 BE IT FURTHER RESOLVED by the Brooklyn Center Planning Advisory Commission to recommend to the City Council that the Brooklyn Center Comprehensive Plan be revised to read as follows: No. 6a of Table 14 on page 98 of the Comprehensive Plan regarding the Land Use Revisions Map be changed from "light industrial" to "light industrial, commercial and service/office." Date Chairman ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Molly Malecki, and upon vote being taken thereon, the following voted in favor thereof: Mike Nelson, Molly Malecki, Wallace Bernards and Kristen Mann and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. L t Member Wallace Bernards introduced the following resolution and moved its adoption: PLANNING COMMISSION APPLICATION NO. 89-2 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF APPLICATION NO. 89003 SUBMITTED BY THE CITY OF BROOKLYN CENTER WHEREAS, Application No. 89003 submitted by the City of Brooklyn Center proposes rezoning from I-1 (Industrial Park) to C2 (Commerce) of 67.73 acres of land lying near Interstate 694 between Shingle Creek and Highway 100/Humboldt Avenue North; and WHEREAS, the Planning Commission held a duly called public hearing on January 26, 1989 and concluded it on March 2, 1989 when testimony regarding the request was taken; and WHEREAS, the Commission on March 2, 1989 considered and recommended by Planning Commission Resolution No. 89-1 , an amendment to the Brooklyn Center Comprehensive Plan allowing for light industrial , commercial and service/office development over that part of the area north of Interstate 694. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center Planning Advisory Commission to recommend to the City Council that Application No. 89003 submitted by the City of Brooklyn Center be approved in consideration of the following: 4r 1. The proposed C2 zoning is consistent with the Brooklyn Center 46t- Comprehensive Plan, in light of the amendment proposed in Planning Commission Resolution No. 89-1. 2. Existing and proposed development of the parcels to be rezoned is consistent with the C2 zoning designation and in many cases would be inconsistent with the I-1 zoning designation as the I-1 district is amended to exclude certain commercial uses, such as convenience food restaurants, transient lodging and bowling alleys. 3. It is appropriate to ratify the trend of a commercial, as opposed to industrial, development adjacent to Interstate 694 because the Shingle Creek Parkway Interchange has increased the visibility and accessibility of parcels wear the Interstate and made them much more appropriate for commercial development. 4. The proposed C2 zoning is consistent with and compatible with surrounding land use classifications. 5. A permitted use in the C2 zoning district can be contemplated for development of the subject property. 6. The property in question will bear fully the ordinance development restrictions of the C2 zoning district. 7. In light of the above, it is believed that the proposed rezoning meets the guidelines for evaluating rezonings set forth in Section 35-208 of the Brooklyn Center Zoning Ordinance. RESOLUTION NO. 89-2 Date Chairman ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and upon a vote being taken thereon, the following voted in favor thereof: Mike Nelson, Molly Malecki, Wallace Bernards and Kristen Mann and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. L_ 1 . CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1990 at 7: 30 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance regarding permitted and special uses in the C1, C2, and I-1 zoning districts. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING PERMITTED AND SPECIAL USES IN THE C1, C2 AND I-1 ZONING DISTRICTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS; Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35-320. C1 SERVICE/OFFICE DISTRICT. 0 1. Permitted Uses. w. Leasing offices provided there is no storage or display of products on the use site. Section 35-322. C2 COMMERCE DISTRICT. 1. Permitted Uses. d. Service/office uses described in Subsection (b) through (u) and Subsection (w) of Section 35-320. Section 35-330. I-1 INDUSTRIAL PARK. 1. Permitted Uses. C. The following service activities: [5. Automobile and truck rental and leasing] i ORDINANCE NO. 3 . Special Uses [c. Gasoline service stations (see Section 35- 414) , motor vehicle repair and auto washes provided they do not abut an R1, R2, or R3 district, including abutment at a street line; trailer rental in conjunction with these uses, provided that there is adequate trailer parking space. ] [d] c. Retail sales of products, manufactured, processed, warehoused, or wholesaled on the use site. [e] d. Accessory off-site parking not located on the same property with the principal use, subject to the provisions of Section 35-701. [f] e. Those commercial developments which, in each specific case, are demonstrated to the City Council to be: 1. Compatible with existing adjacent land uses as well as with those uses permitted in the I-1 district generally. 2. Complementary to existing adjacent land uses as well as to those uses permitted in the I-1 district generally. 3. Of comparable intensity to permitted I-1 district land uses with respect to activity levels. 4. Planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon the industrial park or the community. [Subsection 1 (a) through 1(j ) ; 3 (c) ; 3 (d) ; and 3 (g) through 3 (j) . ] and which are described in Section 35-322 Subsection 1 d, a (subparts 1-6) f, (subparts 2 and 3) . q through j_L 3 m and 71;.-Such commercial developments shall be subject to I-1 district requirements of Section 35-400 and 35-413 and shall otherwise be subject to the ordinance requirements of the use classification which the proposed development represents. ORDINANCE NO. Section 2 . This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 19 Mayor ATTEST: Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter. ) Special 35-322 C2 COMMERCE DISTRICT. 1. Permitted Uses Ar'a. The retail sale of food. d` b. Eating establishments, provided they do not offer live entertainment and further provided that the category does not permit drive-in eating places and convenience-food restaurants. �\( C. The following uses: 1. The retail sale of heating and plumbing equipment, paint, glass, and wallpaper, electrical supplies, and building supplies. 2. The retail sale of tires, batteries and automobile accessories and marine craft accessories. 3. The retail sales of apparel and related accessories. 4. The retail sale of furniture, home furnishings and related equipment. 5. The retail sale of miscellaneous items such as the following: Drugs and proprietary items Liquors Antiques and secondhand merchandise Books and stationery Garden supplies Jewelry Flowers and floral accessories Cigars and cigarettes Newspapers and magazines Cameras and photographic supplies Gifts, novelties and souvenirs Pets Optical goods Sporting goods and bicycles d. Service/office uses described in Subsection (b) through (u) of `1 Section 35-320. \1.5 e. The following repair/service uses: �t 1. Electrical repair service shops. 2. Household appliances, electrical supplies, heating and plumbing equipment. 3. Radio and television repair service shops. 4. Watch, clock and jewelry repair service shops. 35-322 5. Reupholstery and furniture repair shops. 6. Laundering, dry cleaning and dyeing. 7. Equipment rental and leasing services. f. The following medical and health uses: fUt31., `-Hosgital's-;riot'zitci�zdirrg-aiiimal'"trospita�s-: yeS 2. Medical laboratories. l e5 3. Dental laboratories. g. The following contract/construction uses: 1. Building construction contractors' offices. 2. Plumbing, heating and air conditioning contractors' offices. 3. Painting, paper hanging and decorating contractors' offices. 4. Masonry, stone work, tile setting and plastering contractors' offices. 5. Carpentering and wood flooring contractors' offices. 6. Roofing and sheet metal contractors' offices. 7. Concrete contractors' offices. 8. Water well drilling contractors' offices. y �4 h. Educational uses. i. Accessory uses, incidental to the foregoing principal uses when located on the same property with the use to which it is accessory. Such accessory uses to include but not be restricted to the following: 1. Offstreet parking and offstreet loading. 2. Signs as permitted in the Brooklyn Center Sign Ordinance. 3. Outside display and sale of merchandise provided that an administrative permit is first obtained pursuant to Section 35- 800 of these ordinances. j . Other uses similar in nature to the aforementioned uses, as determined by the City Council. 35-322 IJ5' k. Drop-in child care centers licensed by the Minnesota Department of Public Welfare pursuant to a valid license application, provided that a copy of said license and application shall be submitted annually to the City. 2. Special Requirements a. See Section 35-412 of these ordinances. 3. Special Uses pe-'a. Gasoline service stations (see Section 35-414) , motor vehicle repair and auto washes provided they do not abut an R1, R2, or R3 district, including abutment at a street line; trailer rental in conjunction with these uses, provided that there is adequate trailer parking space. A1� b. The sale or vending at gasoline service stations of items other b� than fuels, lubricants or automotive parts and accessories (and other than the vending of soft drinks, candy, cigarettes and other incidental items for the convenience of customers within the principal building) provided adequate parking is available consistent with the Section 35-704, 2 (b) and 2 (c) . P,6-, C. Drive-in eating establishments and convenience-food restaurants provided they do not abut an R1, R2, or R3 district including abutment at a street line. (However, convenience food restaurants without drive-up facilities and located within the principal structure of a shopping center of over 250,000 sq. ft. of gross floor area shall be considered a permitted use.) �S d. Eating establishments offering live entertainment; recreation and amusement places such as motion picture theaters and legitimate theater; sports arenas, bowling alleys, skating rinks, and gymnasiums, all provided they do not abut an R1, R2, or R3 district, including abutment at a street line. e. The sale of motor vehicles at retail. j"f. The out-of-door display and sale of marine craft at retail. NL<g. Transient lodging. h. Animal hospitals. i. Public transportation terminals (excluding truck terminals) . �5" J . Clubrooms and lodges. k. Accessory off-site parking not located on the same property with the principal use, subject to the provisions of Section 35-701. 35-322 Sauna establishments and massage establishments, provided they do NN not abut any residential (R1 through R7) district, including abutment at a street line. School bus garage facilities provided all storage, including vehicles, and minor servicing and minor repair shall be conducted wholly within an enclosed building and further provided it does not abut any residential (R1 through R7) districts, including abutment at a street line. ,ry n. Amusement centers provided the property on which the amusement �j center is to be located is not within 150 feet of any residentially zoned (R1 through R7) property. o. Automobile and truck rental and leasing. p. Tennis clubs, racket and swim clubs and other athletic clubs, health spas and suntan studios. Group day care facilities provided they are not located on the same property as or adjacent to any use which is not permitted to abut Rl, R2, or R3 zoned property and provided they are not located in a retail shopping center; and further provided that such developments, in each specific case, are demonstrated to be: 1. Compatible with existing adjacent land uses as well as with those uses permitted in the C2 district generally. 2. Complementary to existing adjacent land uses as well as with those uses permitted in the C2 district generally. 3. Of comparable intensity to permitted C2 district land uses with respect to activity levels. 4. Planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon those facilities, the immediate neighborhood, or the community. 5. Traffic generated by other uses on the site will not pose a danger to children served by the day care use. Furthermore, group day care facilities shall be subject to the special requirements set forth in Section 35-412. L V'X- cn'-V44 U.ee- ����' I �r Section 35-330. I-1 INDUSTRIAL PARK. 1. Permitted Uses a. The following manufacturing activities: 1. Food and kindred products as illustrated by: Dairy products Bakery products Confectionery and related products Beverages, with the exception of malt liquors Macaroni, spaghetti, and noodles 2. Apparel and other finished products made from fabrics, leather, and similar materials. 3. Lumber and wood products, except saw mills and planing mills producing a dimensioned lumber. 4. Furniture and fixtures. 5. Converted paper and paperboard products (as opposed to paper and paperboard manufacturing) . 6. Printing and publishing and allied industries. 7. Chemicals and allied products as follows: Drugs Soaps, detergents and cleaning preparations Perfumes, cosmetics and other toilet preparations (compounding and packaging only) 8. Miscellaneous plastic products. 9. Fabricated metal products as illustrated by: Office computing and accounting machines Household appliances Electrical lighting and wiring equipment Communication equipment, including radio and television receiving sets Electronic components and accessories Screw machine products 10. Professional, scientific, electronic and controlling instruments, photographic and optical goods, watches and clocks. 11. Miscellaneous manufacturing such as jewelry and silverware, musical instruments and parts, toys, amusement, sporting and athletic goods and pens, pencils and other office and artistic material 35-330 12. Assembly of electric powered vehicles. b. The following wholesale trade activities: 1. Automotive equipment 2. Drugs, chemicals and allied products 3. Dry goods and apparel 4. Groceries and related products 5. Electrical goods 6. Hardware, plumbing, heating equipment and supplies 7. Machinery, equipment and supplies 8. Other wholesale trade similar in nature to the aforementioned uses such as paper and paper products, furniture, and home furnishings, and beer, wine and distilled alcoholic beverages, but expressly excluding petroleum bulk stations and scrap and waste materials and similar uses. c. The following service activities: I. Laundrying, dry cleaning and dyeing 2. Contract construction 3. Kennels 4. Veterinarian and animal hospitals Automobile and truck rental and leasing d. Public transportation terminals (excluding truck terminals) . e. Accessory uses incidental to the foregoing principal uses when located on the same property with the use to which it is accessory. Such accessory uses to include without being restricted to the following: 1. Offstreet parking and offstreet loading. 2. Signs as permitted in the Brooklyn Center Sign Ordinance. 3. Storage of raw materials, work in process and inventory, provided such storage is within completely enclosed buildings. f. Other uses similar in nature to the aforementioned uses, as determined by the City Council. e 35-330 2. Special Requirements a. See Section 35-413 of these ordinances. 3. Special Uses a. Foundries, provided that the foundry operation is a 'necessary incident to a principal use permitted in the I-1 district. b. Textile mills. d--C. Gasoline service stations (see Section 35-414) , motor vehicle fU repair and auto washes provided they do not abut an R1, R2, or R3 district, including abutment at a street line; trailer rental in conjunction with these uses, provided that there is a equate trailer parking space. d. Retail sales of products manufactured, processed,/tor wholesaled on the use site. e. Accessory off-site parking not located on the same property with the principal use, subject to the provisions of Section 35-701. f. Those commercial developments which, in each specific case, are demonstrated to the City Council to be: 1. Compatible with existing adjacent land uses as well as with those uses permitted in the I-1 district generally. 2. Complementary to existing adjacent land uses as well as to those uses permitted in the I-1 district generally. 3. Of comparable intensity to permitted I-1 district land uses with respect to activity levels. 4. Planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon the industrial park or the community. and, which are described in Section 35-322, Subsection 1 (a) through 1 (j) ; 3 (c) ; 3 (d) ; and 3 (g) through 3 (j) . Such commercial developments shall be subject to I-1 district requirements of Section 35-400 and 35-413 and shall otherwise be subject to the ordinance requirements of the use classification which the proposed development represents. t 35-330 g. Warehousing and storage uses which, in each specific case, are demonstrated to the City Council to be: 41K- 1. Compatible with existing adjacent land uses as well as with those uses permitted in the I-1 district generally. 2. Of comparable intensity to permitted I-1 ' district land uses with respect to activity levels. provided such uses shall adhere to applicable requirements in the I-1 district and shall not involve maintenance or servicing of vehicles on the site. h. Other noncommercial uses required for the public welfare as determined by the Council, including accessory outside storage of materials when screened from public view by an opaque wall. Section 35-331 I-2 GENERAL INDUSTRY. 1. Permitted Uses a. The following manufacturing activities. 1. Food and kindred products as illustrated by: Dairy products Bakery products Confectionery and related products Beverages, with the exception of malt or malt liquors Macaroni, spaghetti and noddles 2. Textile mill products. 3. Apparel and other finished products made from fabrics, leather and similar materials. 4. Lumber and wood products, except saw mills and planing mills producing dimensioned lumber. 5. Furniture and fixtures. 6. Converted paper and paperboard products (as opposed to paper and paperboard manufacturing) . 7. Printing, publishing and allied industries. 8. Chemicals and allied products as follows: Drugs Soaps, detergents and cleaning preparations, perfumes, cosmetics and other toilet preparations (compounding and packaging only) 9. Miscellaneous plastic products. --- S - - -- -------- -- -- - -- - - -_-__ .... ..... ________ .Y _ __ _ _ "n ___ ___________1_ 2 ' — — - - — =— --- — =----- — — — ___ ___ — _- _ _:—_ —_____________ _ __ _ __ ___ = --- ------ — =_ -_ — —_— ___— _-__= __— _— __ _ _- __ _— _- - --- --- - -- - -- _— — —=__=_— _= —_------ _ _ R ----= — -------- _ ___ :_ _ i_ - ------- ----- ---- ---- _____ _______________ -------- --- --- --- - = -_ R4 - 15 R 5 - I/ _ • I/ 2 R3 a R C/ p R5 _ -.. R ln.rf�, I/ 4 w / 5 = _ .. , / s r [. _ -- - _ _ Cl. _ - t = = LP t '� t� ..,. ,.� �_:. s=ter.•._= 7 / C/A t ::,, ? C2 C2 : ! p \. i - _ CI =_ _ (� ___: .1 CI { _ C/A — iL 7 1"R4 C2 I _ - y Fours u f�P—*yam« •'mss.��; :/ FC-.' 3 � .� ' l�.ur•Y-..•� � g S a Y 3 � ,KI'�c �� �"�qM�„�"� '���`.t'.•r �L�- 3-- y'.r�,J� : �I- i F < _ tr l �.t jA�. , ..;- �v -' . '- � --r If , -! f� 4 ' 33 , gb- 2 s3 ` p �< it \,1 lam- �i r i J ..�--+cam•-'S ! I� ;,--;-i,77- + • /f: 'I MEIF EL F kw ELI l i FIFA- � -- �Mm it � L-�:�g F� ._�',•�.:•. 3;r";c.. ��/ r�F—t j r'7r r ,�,.: 6� .� I ;u � L, �.. �k %. R it t i�CHJja R ;I j(E�' it II it 11 I� (1 it it ,i ..,J fh Land Use &VAN L�IQ - PIMA n� t ` '' Revisions .e 6110 wo o 2" iem w OU ° U O m «a m lv L ..w.. Comprehensive Plan mm► IwAMAO�YbYr.irAO/AR i TABLE 14 Land Use Plan Revisions Location Number Recommended Land Use la. Mid-Density Residential or Public Land lb. Mid-Density Residential 2. Single-Family Residential 3. Commercial Retail 4. Commercial Retail 5. Mid-Density Residential 6a. Light Industrial, Service/Office and Commercial 6b. Light Industrial 6c. Mid-Density Residential 7a. Single-Family Residential 7b. Public Open Space 8. Multiple-Family Residential 9. Commercial/Retail 10. Commercial/Retail 11. Mixed Use Development (Including High-Density, High-Rise Residential, Service/Office and General Commerce) 12. Mid-Density Residential/High Density Residential 13. Mid-Density Residential 14. Single- or Two-Family Residential 15. Public Open Space 16. Public Open Space 17. Mid-Density Residential 18. Light Industrial 19. Commercial 20. Low-Density Residential 21. Service/Office 22. Low-Density Residential 23. Service/Office/Mid-Density Residential 24. Service/Office 25. Service/Office/Mid-Density Residential 26. Service/Office/Mid-Density Residential 27. Service/Office/Mid-Density Residential 28. Service%Office/Mid-Density Residential 29• Commercial Retail 30 Mid-Density Residential/Service/Office 31. Service/Office/Mid-Density Residential 32. Mid-Density Residential/Service/Office 33. Mid-Density Residential/Service/Office 34. Mid-Density Residential 35. Commercial Retail 36. Mid-Density Residential/Service/Office 37. Mid-Density Residential 38. Single-Family Residential 39. Service/Office 40. Commercial Retail 41. Service/Office 42. Mid-Density Residential 98 Planning Commission Information Sheet Application No. 90002 5. The addition to the garage shall be a separate room and shall be insulated and sheetrocked. Double glass windows shall also be installed. Windows shall be closed during the use of power equipment to minimize noise emanating to adjacent properties. 6. A dust collection system shall be a installed in the garage room. The Fire Department shall inspect the installation of the dust collection system and shall inspect the operation on at least an annual basis. 7. A 20 lb. fire extinguisher shall be installed in the work areas as required by the Fire Chief. 8. Any customer parking associated with the home occupation shall be off-street on improved space provided by the applicant. 3-15-90 February 27 , 1990 David A. Roop 7219 Grimes Avenue No. Brooklyn Center, MN 55429 City Of Brooklyn Center Planning Commission Mr. Gary Shallcross : This letter is to provide the information you requested for the Planning Commission concerning my application for zoning approval of a home occupation (Custom Woodworking) at 7219 Grimes Avenue No. The information is provided under the headings indicated in your letter as follows: Nature of Activity The occupation will be utilizing the 17. 5'X24 ' area in the garage and a 131X27 ' area in the house basement. The garage area will be insulated, sheetrocked and supplied with double glass windows to eliminate any external noise from the equipment operation. Hours of Operation Because this is a second occupation for both partners, (Father/Son) the operation will be conducted two-three ( 2-3) evenings a week from 6:00- 10:00 p.m. and on Saturdays as necessary from 9:OOa.m. -5:OOp.m. Parking Space Available The current driveway 101X90' provides adequate off street parking for the partners and an occassional customer. No retail sales will be conducted from the location. Only occasional customers will come to check progress of orders or pay for woodworking. Nonresident Employee No non-resident employees are anticipated. Only the two partners (Father/ Son) will be conducting the occupation at the indicated address. The partner (Son) is a non-resident residing at 5025 Drew Avenue No. If employees are required the occupation would be moved to a larger building. It is not now planned to increase the occupation sales until I retire from my present position with Honeywell in 3-6 years . • Safety Measures Normal safety measures will be applied to operation of all equipment. In addition an internal dust collection system will be installed in the garage. No dust will be exhausted from the garage. Expected Sianery A small sign ( 2.5 sq. ft. maximum) would be placed in the front lawn to indicate location of the occupation. State License The home occupation is licensed with the State of Minnesota as a Father/Son partnership under the name "Roop' s Custom Woodworking" . If you require any additional information or clarification please contact me at the following numbers , daytime 378-5331 , evenings 561-3154. Thank you for answering my questions and providing all of the necessary forms. Sincerely, David Roop Attached; Plot Plan P LO T P LAN of- o Z 07d IV 6 I . i � �y � i / ar _rJ AP O ♦LI. \V ■■■N■ Mil■ som ■�■so 0 A An WU mm NDki Mae mm A mm 4L� AN�I�� iNMI MIFA mm mm zw mm mm ME NO mm mm mm Win _ • .. . _ _ NMI lam NOR WM �� ��■��■�■�a���l��� �. . IIIIIIIII 111111111 . ■ Mill III I■1 • 35-400 12. In instances where an existing one or two family structure in a residential zoning district is deficient in its setback from the front, side, or rear property line by not more than 30% of the setback requirement, the structure may be expanded along the existing building line, provided there is no greater encroachment into the required yard area. This provision in no way permits the expansion of a conforming structure resulting in a setback less than established by this ordinance. Section 35-405. ADDITIONAL REQUIREMENTS FOR HOME OCCUPATIONS: 1. No home occupation shall produce light, glare, noise, odor or vibration perceptible beyond the boundaries of the lot. 2. No home occupation shall involve the use of any accessory structures or installations. 3. No home occupation shall involve the use of equipment other than that customarily found in a residential dwelling unit. 4. No home occupation shall involve the retail sale of merchandise produced off the lot. 5. No home occupation shall involve the employment on the lot of persons who are not members of the family residing on the lot. 6. No home occupation providing day care shall serve more than twelve (12) children in the R1 district, five (5) children in the R2 and R3 districts, or five (5) children, including children of the family occupying a dwelling unit in other residential districts (R4 through R7) . This subsection is not intended to supersede any lease arrangements which may be more restrictive. 7. No home occupation shall cause traffic congestion on the lot containing the home occupation or on the streets adjacent thereto. 8. No automobile parking related to the home occupation shall be permitted on the street. Section 35-406. ADDITIONAL REQUIREMENTS FOR SPECIAL HOME OCCUPATIONS: 1. All special home occupations shall require approval of a special use permit pursuant to Section 35-220 of the Brooklyn Center Zoning Ordinance. 2. No special home occupation shall use more than one accessory structure or installation and such structure or installation must be a permitted use under Section 35-310 and Section 35-311 of the Brooklyn Center Zoning Ordinance. . 3. A special home occupation may use equipment not customarily found in a residential dwelling unit. 35-406 4. No special home occupation shall employ, at any one time, more than one person who is not a member of the family occupying the dwelling unit. 5. No special home occupation may include the teaching of more than ten (10) students at one time who are not members of the family occupying the dwelling unit. 6. No special home occupation shall cause traffic congestion on the lot containing the special home occupation or on the streets adjacent thereto. 7. No automobile parking related to the special home occupation shall be permitted on the street provided, however, that upon a finding that the special home occupation is not feasible without on street parking, the City Council may authorize parking on the street based upon a consideration of Section 35-220.2 and of the following: a. The amount of the applicant's street frontage. b. The rights of adjacent residents to park on the street. c. Preservation of the residential character of the neighborhood. 8. No special home occupation shall produce light, glare, noise, odor or vibration perceptible beyond the boundaries of the lot. 9. No special home occupation shall include the retail sale of merchandise produced off the lot. Section 35-410. SPECIAL REQUIREMENTS IN R3, R4, R5, R6 AND R7 DISTRICTS. 1. All storage shall be contained wholly within an enclosed building. 2. The incineration of waste matter shall be conducted in approved equipment located within the building wherein the permitted use is conducted. Equipment shall be considered "approved" when approved by the zoning official and sanitarian. 3. Where a proposed R3, R4, R5, R6, or R7 development abuts an R1 or R2 district other than at a public street line, buffer provisions shall be established. There shall be provided a protective strip not less than 25 feet wide in the case of R6 and R7 uses and not less than 15 feet wide in the case of R3, R4 and R5 uses. The protective strip shall contain an opaque fence or a Council approved substitute. The protective strip shall be landscaped and not be used for parking, garages, driveways, off-street loading or storage. The screening device design must be approved by the City Council as being in harmony with the residential neighborhood and providing sufficient screening of the multiple dwelling area. A proposed fence shall be no less than four feet in height and shall not extend within 10 feet of any street right-of-way. • k 35-900 But shall not include the following: 1. es Gara e Garages, open n porches, and open patios. Floor area ratio - The numerical value obtained through dividing the gross floor area of a building or buildings by the total area of the lot or parcel of land on which such building is located. I Garage, private - An accessory building or an accessory portion of the dwelling building intended for or used to store private passenger vehicles of the families resident upon the premises and in which no business, service or industry connected directly or indirectly with automotive vehicles may be carried on. Garage - school bus - A building, or portion of a building, used for the storage of school buses (defined in M.S.A. Section 169.01, Subdivision 6) , or where any such vehicles are kept for remuneration or hire, excluding major repair of such vehicles. Green Strip - An area containing only vegetation such as grass, trees, flowers, hedges, and other related landspaping materials, and maintained expressly for such purpose. Group Dav Care Facility - A facility licensed by the Minnesota Department of Public Welfare to provide child care for six or more children at one time. This term also includes, but is not limited to, facilities having programs for f children known as nursery schools, day nurseries, child care centers, play ' groups, day care centers, cooperative day care centers and Head Start programs. Home Occupation - Subject to the further limitations of Section 35-405 of the Zoning Ordinance, a home occupation is any gainful occupation or profession, carried on within a dwelling unit, by a family member residing within a dwelling unit, which is clearly incidental and secondary to the residential use of the dwelling unit and the lot upon which it is constructed, including, without limitation, dressmaking, secretarial services, professional offices, answering - services, individual music or art instruction, individual hobby crafts, and day care and similar activities. Home Occupation Special - Subject to the further limitations of Section 35-406 hereof, and subject to approval by the City Council, a special home occupation is any gainful occupation or profession carried on within a dwelling unit or any permitted accessory buildings or installations on a lot, by a family member residing within the dwelling unit, which is clearly incidental and secondary to the residential use of the dwelling unit, the accessory structures, and the lot upon which it is constructed, including, without limitation, barber and beauty services, shoe repair, photography studios, group lessons, saw sharpening, motor driven appliances and. small engine repair, and similar activities. Hotel - A building which provides a common entrance, lobby, and stairways, and in which lodging is commonly offered with or without meals for periods of less than a week.