HomeMy WebLinkAbout1990 07-12 PCP PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
JULY 12, 1990
REGULAR SESSION
1. Call to Order: 7:30 p.m.
2. Roll Call
3. Approval of Minutes - June 14, 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. General Mills Restaurant, Inc. 90018
Request for site and building plan to construct a 9, 100
sq. ft. , 330 seat Olive Garden restaurant on vacant C2
zoned land south of James Circle North, southwest of the
Days Inn.
6. L. A. Beisner 90017
Request for preliminary plat approval to resubdivide two
lots south of James Circle North and west of Highway
100/Humboldt Avenue North to allow for a larger site for
the proposed Olive Garden restaurant.
7. Joe Korman 90019
Request for preliminary plat approval to subdivide into
two lots the property at 5321 Morgan Avenue North.
8. Joe Korman 90020
Request for variance approval to allow two single-family
lots in the R2 zone with a width of approximately 57.5'
at the property of 5321 Morgan Avenue North.
9. Other Business
10. Discussion Items
11. Adjournment
Planning Commission Information Sheet
Application No. 90018
Applicant: General Mills Restaurants, Inc.
Location: 1601 James Circle North
Request: Site and Building Plan
Location Use
The applicant requests site and building plan approval to construct
a 9,100 sq. ft. , 330 seat Olive Garden restaurant on a vacant
parcel of land south of James Circle North abutting the freeway
(see area map, attached) . The land in question is now zoned C2 and
is bounded on the north by James Circle North, on the east by
vacant C2 zoned land, on the south by I94, and on the west by
vacant C2 zoned property. The site is south of the Earle Brown
Bowl and southwest of the Days Inn. Eating establishments are a
permitted use in the C2 zoning district.
Access/Parking
The plan proposes two 24 ' wide accesses off James Circle North near
the northeast and northwest corners of the site. There are no
accesses currently along the north side of the street. Therefore,
placement of accesses is relatively open at this time. The plan
provides 185 parking spaces, including 4 handicapped spaces as
required by the handicapped code. Section 35-704 of the Zoning
Ordinance requires one space per two seats plus one space per two
employees on the maximum shift. The proposed restaurant is to have
330 seats and 40 employees on the maximum shift. The total parking
requirement is, therefore, 185 spaces and is met in this case.
Landscaping
The proposed landscape plan is generous and well balanced. The
total point value of all plantings is 1,100 points. The site area
is 2.49 acres. There is, therefore, to be over 400 points per
acre. This exceeds the requirement of the landscape point system.
There is a very generous use of shrubs in all perimeter green areas
and in planting beds adjacent to the building. The plan calls for
14 Green Ash and 25 American Linden for a total of 39 shade trees.
There are 50 decorative trees proposed and 9 Black Hills Spruce.
Again, the distribution of trees is well-balanced throughout the
site. An underground irrigation plan has been submitted which
shows coverage of all landscaped areas, including parking lot
islands.
Gradina/Drainage/Utilities
The site is relatively flat except the land adjacent to the
freeway. The plan proposes seven catch basins distributed around
the site to collect storm water runoff. All stormwater will be
conveyed via an 18" diameter pipe to a retention pond on an
adjacent site. The retention pond serves the entire Richardson
Park Addition subdivision including this site, the Hardees site,
7-12-90 1
Application No. 90018 continued
and three other vacant parcels as well as James Circle North. The
City Engineer will require a 6" diameter sanitary sewer service
line and a manhole to monitor grease from the restaurant. The Fire
Chief has indicated that a fire hydrant should be installed at the
property line off the water service to the site.
Building
The exterior of the building is basically a stucco with windows
primarily on the side elevations, not the front or rear elevation.
The roof has a recessed mansard that shields all mechanical
equipment. Signs are indicated on the front and sides of this
mansard. We have not made a final determination as to whether
these constitute roof signs or could be construed as a type of wall
sign. In any case, plan approval is exclusive of all signery which
is subject to the City's Sign Ordinance.
Lighting/Trash
The plans propose 9 light poles located around the site. No height
or wattage of the fixtures has yet been provided, but it appears to
be an orderly plan. A trash enclosure is proposed in an area just
off the northeast corner of the building. The enclosure is to be
constructed of concrete block with a stucco treated exterior to
match the building.
Recommendation
Altogether, the plans appear to be in order and approval is
recommended, subject to at least the following conditions:
1. Building plans are subject to review and approval by the
Building Official with respect to applicable codes prior
to the issuance of permits.
2. Grading, drainage, utility and berming plans are subject
to review and approval by the City Engineer, prior to the
issuance of permits.
3. A site performance agreement and supporting financial
guarantee (in amount to be determined by the City
Manager) shall be submitted prior to the issuance of
permits.
4. Any outside trash disposal facilities and rooftop
mechanical equipment shall be appropriately screened from
view.
5. The building is to be equipped with an automatic fire
extinguishing system to meet NFPA standards and shall be
connected to a central monitoring device in accordance
with Chapter 5 of the City Ordinances.
7-12-90 2
Application No. 90018 continued
6. An underground irrigation system shall be installed in
all landscaped areas to facilitate site maintenance.
7. Plan approval is exclusive of all signery which is
subject to Chapter 34 of the City Ordinances.
8. B612 curb and gutter shall be provided around all parking
and drivin g areas.
9. The applicant shall submit an as-built survey of the
property, improvements and utility service lines, prior
to release of the performance guarantee.
10. The property owner shall enter into an Easement and
Agreement for Maintenance and Inspection of Utility and
Storm Drainage Systems prior to the issuance of permits.
11. A fire hydrant shall be provided to serve the site as
required by the Fire Chief.
12. The replat of the property shall receive final approval
and be filed at the County prior to the issuance of
permits.
7-12-90 3
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Planning Commission Information Sheet
Application No. 90017
Applicant: L. A. Beisner
Location: James Circle North
Request: Preliminary Plat
The applicant requests preliminary plat approval to resubdivide two
lots on the south side of James Circle North. The property in
question is zoned C2 and is bounded on the north by James Circle
North and the Days Inn site, on the east by the Highway
100/Humboldt Avenue North bridge, on the south by I94, and on the
west by a vacant C2 zoned parcel owned by Embers. The purpose of
the resubdivision is to enlarge the westerly parcel to accommodate
the proposed Olive Garden restaurant (see Application No. 90018) .
Lot 1 of the new plat is the site of the proposed restaurant and is
105, 192 sq. ft. (2.41 acres) . Lot 2 has no proposed use at this
time and is 182,739 sq. ft. (4.20 acres) . Lot width minimums are
exceeded for both lots.
There is an existing 20' wide drainage and utility easement which
runs from the southwest corner of Lot 1 to the southwest corner of
the Days Inn site. This follows along the north edge of what was
formerly the location of the entrance ramp from Humboldt Avenue
North/Highway 100 to westbound I694. This right-of-way was
vacated, following the modification to the freeway interchange with
Humboldt in the early 1980 's. There are also existing 10' wide
drainage and utility easements around the perimeter of the plat.
Also there is a storm water retention pond in the northwest corner
of Lot 2. This retention pond was approved by the Shingle Creek
Watershed Management Commission as a drainage facility serving the
original Richardson Park Addition plat which includes the land in
question and three other lots in this area. There is a small
length of the City watermain which runs under the northeast corner
of Lot 2 (an area that was formerly right-of-way) . An additional
easement should be dedicated over this portion of the main with
this plat.
We see no major problems with the proposed plat. Approval is,
therefore, recommended, subject to at least the following
conditions:
1. The final plat is subject to review and approval by the
City Engineer.
2. The final plat is subject to the provisions of Chapter 15
of the City Ordinances.
3. The applicant shall dedicate a 20' wide drainage and
utility easement over the City watermain under the
northeast corner of Lot 2 prior to release of the final
• plat for filing at the County.
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Planning Commission Information Sheet
Application No. 90019
Applicant: Joe Korman
Location: 5321 Morgan Avenue North
Request: Preliminary Plat
The applicant requests preliminary plat approval to subdivide into
two buildable lots the property at 5321 Morgan Avenue North. The
property in question is zoned R2 and is bounded on the east by
Morgan Avenue North, and on the south, west, and north by single-
family homes. There is a small single-family home on the northerly
portion of the existing property and a detached double garage on
the southerly portion. The proposed subdivision would divide the
existing property fairly evenly and the garage is to be relocated
onto the new northerly lot with the existing house. The southerly
lot would then be vacant for development.
The existing property is approximately 115' x 135' and is composed
of a platted lot, 115' x 801 , adjacent to Morgan Avenue North and
part of Lot 40, Auditor's Subdivision No. 218 along the back 55 ' of
the property. The two existing lots are combined for tax purposes.
The existing Auditor's Subdivision lot by itself is unbuildable, as
it has no access to a public street.
The characteristics of the two proposed lots are as follows:
Lot Width Depth Area Utility Services
1 57.51 ' 135.35 ' 7,816 s. f. Yes
2 57.50 ' 135.35' 7,780 s. f. No
Required 60 ' 110' 7, 600. s. f.
City ordinance requires a lot width of 601 . Both lots would be
slightly substandard as to width, but comply as to depth and area.
A variance request has been submitted and is reviewed under a
separate information sheet. Approval of this preliminary plat
should be subject to approval of the variance request.
There are obviously ater and sewer
y (as well as other utilities)
services to the existing house. No service stubs exist for the
southerly portion of the property. Utility hook-up charges will,
therefore, have to be paid prior to release of the plat for filing.
Relocation of the garage must also be accomplished prior to release
of the plat since a garage is only acknowledged as an accessory use
on a residential lot.
In general, the plat appears to be in order and approval is
recommended, subject to at least the following conditions:
1. The final plat is subject to review and approval by the
City Engineer.
7-12-90 1
Application No. 90019 continued
2. The final plat is subject to the provisions of Chapter 15
of the City Ordinances.
3 . The existing garage shall be relocated off the proposed
Lot 2 prior to release of the plat for filing at the
County.
4. The applicant shall enter into an agreement for the
payment of utility hook-up charges to be assessed to Lot
2 prior to release of the plat for filing.
5. Approval of the subdivision is subject to approval of
variance Application No. 90020.
6. The plat shall be modified, prior to final plat approval
to indicate a 5' wide drainage and utility easement along
the rear of both Lots 1 and 2.
7. No building permit for a new dwelling or garage on the
proposed Lot 2 shall be issued until the plat has
received final approval and been filed at the County.
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7-12-90 2
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Planning Commission Information Sheet
Application No. 90020
Applicant: Joe Korman
Location: 5321 Morgan Avenue North
Request: Variance
The applicant requests approval of a variance from Section 35-400
of the Zoning Ordinance and Section 15-106g. of the Subdivision
Ordinance to allow two single-family lots in the R2 zone less than
60 ' in width. The location of the property in question is 5321
Morgan Avenue North. The property is zoned R2 and is bounded on the
east by Morgan Avenue North, and on the south, west, and north by
single-family homes.
Applicant's Arguments
The applicant has submitted a brief letter (attached) in which he
argues for the variance. He states that the variance request is
based on the unusual size of the existing lot. He points out that
there are a number of smaller lots in the neighborhood and that
their request is, therefore, reasonable. (There are a number of
lots across Morgan with lot widths of 51.521 , less than proposed
here. ) He notes that, if the variance is approved, the garage will
be repositioned to the rear of the northerly lot. He notes that
the lot areas will be conforming: 7,816 s. f. for Lot 1 and 7,781
s.f. for Lot 2. He concludes by saying that the upkeep of the
existing lot is burdensome for one family and that dividing the
property and allowing a second dwelling will make upkeep easier.
Staff Response
Lot width variances are subject to the standards set forth in
Section 35-240 of the Zoning Ordinance (attached) and the standards
set forth in Section 15-112 of the Subdivision Ordinance (also
attached) . Both sets of standards contain language relating to
uniqueness, hardship, and non-detrimental effect on nearby
property. There has developed over the years a policy regarding
lot variances. The policy is basically that lot variances will be
granted if the following apply:
1. At least two of three lot standards (width, depth, and
area) are met.
2. There are no resulting setback deficiencies.
3 . The proposal generally seems reasonable and does not
create any unorthodox situations such as lack of frontage
on a public street.
The above policy appears to be met in this case. The lot depth
(1101 ) and lot area (7, 600 sq. ft. ) requirements are met. There
are no resulting setback deficiencies. And, the proposed variance
appears reasonable, being fairly minor. Nor will it create any
7-12-90 1
Application No. 90020 continued
unorthodox arrangements. In fact, it will be an improvement from
the standpoint of platting the property and doing away with an
unbuildable Auditor's Subdivision lot behind the existing platted
lot. Accordingly, we recommend approval of the variance
application, given the following considerations:
1. Two of three (depth and area) lot requirements are met in
this case.
2. No setback deficiencies will result from the proposed
subdivision.
3. The proposal is reasonable and creates no unorthodox
arrangements.
4. The existing detached garage on the proposed southerly
lot shall be relocated off the southerly lot prior to
release of the final plat for filing at the County.
7-12-90 2
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35-240
applicant a written notice of the action taken. A copy of this
notice shall be kept on file as a part of the permanent record of the
application.
V 2. Standards for Variances
The Board of Adjustments and Appeals may recommend and the City Council
may grant variances from the literal provisions of this ordinance in
instances where their strict enforcement would cause undue hardship
because of circumstances unique and distinctive to the individual
property under consideration. However, the Board shall not recommend
and the City Council shall in no case permit as a variance any use that
is not permitted under this ordinance in the district where the
affected person's land is located. A variance maybe granted by the
City Council after demonstration by evidence that all of the following
qualifications are met:
a. Because of the particular physical surroundings, shape, or
topographical conditions of the specific parcels of land involved,
a particular hardship to the owner would result, as distinguished
from a mere inconvenience, if the strict letter of the regulations
were to be carried out.
b. The conditions upon which the application for a variance is based
are unique to the parcel of land for which the variance is sought,
and are not common, generally, to other property within the same
zoning classification.
c. The alleged hardship is related to the requirements of this
ordinance and has not been created by any persons presently or
formerly having an interest in the parcel of land.
d. The granting of the variance will not be detrimental to the public
welfare or injurious to other land or improvements in the
neighborhood in which the parcel of land is located.
3• Conditions and Restrictions
The Board of Adjustments and Appeals may recommend and the City Council
may impose conditions and restrictions in the granting of variances so
as to insure compliance with the provisions of this ordinance and with
the spirit and intent of the Comprehensive Plan and to protect adjacent
properties.
15-109
3. The payment by the owner or subdivider to the City of all expenses
of the City for the preparation of plans and specifications of the
improvements required under the terms of this ordinance and the
inspection of construction by the city engineer. If a cash escrow
agreement is submitted, such agreement shall provide that payments
therefrom for the improvements shall be made only on the joint
order of the subdivider and the City, and the agreement shall
further provide that in the event the required improvements are not
completed within the two year period, all amounts held under the
escrow agreement shall be turned over and delivered to the City and
applied by the City to the cost of the required improvements. If
the funds available are not sufficient to complete the required
improvements, the necessary additional cost shall be assessed
against the subdivision. Any balance remaining in escrow fund
after such improvements have been made shall be returned to the
owner or subdivider.
Section 15-110. INSPECTION AT SUBDIVIDER'S EXPENSE. All required land
improvements to be installed under the provisions of this ordinance shall be
inspected at the subdivider's expense during the course of construction. Such
inspection shall be by the city engineer or an inspector appointed by the city
council.
Section 15-111. BUILDING PERMIT. With the exception of condominium single
family attached dwelling unit subdivisions, no building permits shall be issued
by any governing official for the construction of any building, structure or
improvement on any land required to be subdivided by this ordinance until all
requirements of this ordinance have been fully complied with.
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.
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.
15-112
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.
Section 15-113. VALIDITY. If any section, subsection, sentence, clause,
or phrase of this ordinance is for any reason held to be invalid, such decision
shall not affect the validity of the remaining portions of this ordinance.
Section 15-114. VIOLATION PENALTY. Any person violating any provision of
this ordinance shall be guilty of a misdemeanor, punishable by a fine of not
more than seven hundred dollars ($700) or imprisonment not to exceed ninety (90)
days or both, together with the costs of prosecution.
Section 15-115. REPEAL. The provisions of Chapter 15 of the City
ordinances are hereby repealed and the provisions of this ordinance shall be
hereafter designated as Chapter 15 of the sections hereof numbered as
designated.
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