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HomeMy WebLinkAbout1980 09-25 PCP -� PLANNING COMMISSION AGENDA y STUDY SESSION September 25, 1980 1. Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes: September 11, 1980 4. Chairman'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 recomendations to the City Council. The City Council makes all final decisions in these matters. 5. Lee Cook, Sr. 80034 Request for a variance from Section 35-400 of the Zoning _ Ordinance to allow a 20' -x 24' garage to be built 6 feet from Twin Lake Avenue North right-of-way, rather than the required 35 feet. The address is 4825 Twin Lake Avenue North. President Homes 80035 Request for a variance from Section 34-130:11 of the Sign Ordinance to allow two off-site directional signs at the Dale Tile property and the Murphy Warehouse property designating the temporary location of President Homes business offices. 7. Federal Lumber 80036 Request for a variance from Section 34-130:11 of the. Sign Ordinance to allow an off-site directional sign on the Cook Paint property indicating the continued existence of the business at 4810 N. Lilac Drive. 8. Zulfikar Walji 80037 Request for a home occupation special use permit to conduct a photography studio in the basement of the home at 4918 63rd Avenue North. 9. Other Business 10. Discussion Items 1 (a) Temporary Real Estate Signs 11 . Adjournment t � . rr I I Planning Commission Information Sheet Application No. 80034 Applicant: Lee A. Cook, Sr. Location: 4825 Twin Lake Avenue North Request: Variance . The applicant seeks a variance from Section 35-400 of the City's Zoning Ordinance in order to build a new garage 6 feet from Twin Lake Avenue right-of-way instead of the ordinance requirement of 35 feet. The property in question, 4825 Twin Lake Avenue North, is only 28.15 feet wide and extends from Twin Lake on the west, to Twin Lake Avenue North on the east. Single-family homes abut the property to the north and south. There are quite a number of facts to consider in evaluating this application re- lating to physical conditions, ordinance requirements, z nd past history. Physical Circumstances: 1. The lot is 28.15 feet wide and approximately 150 feet deep. Lot area is, therefore, 4220 sq. ft. 2. A 15' wide sewer easement runs through the front yard roughly 30 feet west of Twin Lake Avenue North. 3..--,- The dwelling is set back 74.3 feet from Twin Lake Avenue right-of-way and 29.1 feet from the sewer easement. 4. There are private and public utility lines running from the easement area to the house, so that any structure built in this area would be built over these lines. 5. The house is- 24.1 feet wide with a 3 foot setback from the north side property line and a 1 .1 foot setback from the south side property Line. 6. The house on the lot to the south is 8.4 feet from its north side lot line. (There is no excess land available on the adjacent lot). ,7. There is a 12' x 20' existing one car garage at approximately the same location as the proposed garage which is in very poor condition and is felt by the owner to be an eye-sore. 8. The proposed garage would be 20 feet wide and 24 feet deep, set back 6 feet from Twin Lake Avenue North, 3 feet from the north lot line, and 5.1 feet from the south lot line. It would abut, but not encroach into the sewer easement. Historical Circumstances: 1. This property was originally platted as Lot 5, Block 5, Lakebreeze Addition in 1923 with a width of 56.29 feet. 2. Sometime later, probably in the 1930's, the south half of the property was subdivided off 'and combined with the north 48 feet of Lot 4. No Zoning Ordinance existed in Brooklyn Center prior to 1940. 9-25-80 -1- i 1 L Application No. 80034 continued 3. The present owner purchased the property in 1943, after the lot split had taken place. 4. The garage on the neighboring property to the south is only 3 feet from the Twin Lake Avenue North right-of-way, was built in 1967 and was approved by variance under Planning Commission Application No. 65055. Evidence contained in this file suggests that consideration was given to the owner's opinion that the lakeshore is the front yard and the yard abutting Twin Lake Avenue North is the rear. Zoning Considerations: 1 . The property is zoned R4. A single-family home is a nonconform- ing use in the R4 zone, .but is exempt from the ordinance limit- ations on structural' expansion or alteration of nonconforming uses as found in Section 35-111 :3. 2. The existing house and garage are nonconforming structures in that they are deficient in one or more. setback ,requirements. (10 feet side interior setback for. dwellings; 35 foot setback for all structures from fronting right-of-way. 3. The standards for a variance, contained in Section 35-240:2 dictate,among other things, that: "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. " 4. Section 35-111 stipulates that "no . . .nonconforming use of land shall be enlarged or increased or occupy a greater area of land than that occupied at the time of the adoption of this ordinance. . .; shall not be moved to any o ther part of the parcel of land". . .; •; and, in the case of single family homes in multi-family districts, may expand "provided any structural alterations or additions shall conform with the requirements of the R1 district." 5. Were this lot vacant and located in the R1 or R2 zone, it would not be considered buildable according to the requirements set forth in Section 35-500 of the City's Zoning Ordinance which stipulates that lots of record prior to 1976 shall be considered buildable provided they are at least 40 feet in width and 5,000 sq. ft. in area. 6. The proposed garage does meet the side yard setback requirement for garages (3 feet. The first question to be answered, before the merits of the variance request are evaluated, is whether any further construction may be permitted at all... , ,It-Is our opinion that some construction is permitted under the present circumstances. The Planning Commission is referred to a legal opinion offered by the City Attorney - (attached) in the Howe case (application Nos. 79016 and 79017) in which structural nonconformity and use nonconformity are placed in the same legal status. If this is the case, we may conclude that the right of single-family residential uses to expand or undergo structural alteration when they are located in residential districts 9-25-80 -2- i t Application No. 80034 continued ' other than R1 or R2 is not lessened when those uses are located on grossly sub- standard lots. That is, the nonconformity of a house built on a 28' wide lot is legally no different than in a residential zone other than R1 or R2. Moreover, the lot size requirements of Section 35-5'00 apply only to lots of legal record in the RI or R2 zone. Therefore, the buildability of this lot is not governed by Section 35-500. It is also felt that Subsection 3 of Section 35-111 which excepts single-family homes from the limitation on structural alterations of nonconforming uses en- compasses the enlargements normally forbidden by Subsection 1 and the moving of a use to another part of the parcel of land normally forbidden by Subsection 2. Therefore, so long as "any structural alterations or additions shall conform with the requirements of the R1 district," single-family homes located in districts other than R1 or R2 may expand. With respect to variances from district requirements, the policy articulated in the Howe Fertilizer case is generally applicable here. Entitlements to build, rebuild, or expand nonconforming uses do not comprehend automatic approval of variances. Variances will be granted in such cases only if the Standards for a Variance (attached) are met. - Based on tte circumstances enumerated earlier, it is staff's opinion that the Standards for a Variance are met in this case for the following reasons: a. Because of the particular physical surroundings - the size of the lot, ,the placement of the house on the lot, the location of sewer easement and of other utility lines serving the residence - a hardship would result (a new garage could not be built) if the strict letter of the regulations were carried out. b. The conditions upon which the-application is based are unique at least to those parcels which abut Twin Lake and have the sewer easement running through their "front" yard. No other parcel abutting the lake is as narrow as the parcel in question, which affords. no room to place the garage alongside the house. c. The hardship is related to the requirements of this ordinance, in that it was enacted after the present lot .was established; and the hardship was not created by any person presently or formerly having an interest in the parcel . The lot split took place prior to purchase by the present owner and without knowledge of what zoning requirements might be 40 years hence. d. The granting of the variance would not seem to be detri- mental to surrounding property in that many of them have the same arrangement with the garage set closer to Twin Lake Avenue North than would normally be allowed by ordinance. Also, the City Council in 1965 under Application No. 65055, granted a somewhat similar variance for a garage on the neighboring property. To date, no negative state- ments regarding this application have been received by the Planning and Inspection Department. A public hearing has been scheduled and notices have been sent. 9-25-80 -3- f 9/5/80 Brooklyn Center Planning Commission Brooklyn Center, Mn. In regards to removing old and building a new garage; I would like to tear down my old garage and build a new garage, in the same location, size (20x24) as per survey plot. I am not able to locate the garage, any other location on the ---- lot, because of sewer and water easements. The garages existing -in the block now, do not set back 35ft. . as required by the code, from the front lot line. Evidently, they all were issued variences, from the planning committee. I am very much in need of a new g ara a and I hope ou will take into consideration, the existingstructure , that now have. Thanking you, LEE COOK 4825 Twin Lake Ave. No. Brooklyn Center. Mn. (537-8728) �` I � I - - Section 35-240. 'VARIANCES 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 distinc- tive 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 may be granted by the City Council after demonstration by evidence that all of the following qualifica- tions 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 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 detri- mental to the public welfare or injurious to other land or improvements in the neighborhood w 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 grant- ing of variances so as to insure compliance with the provisions of this ordinance and with the spirit and intent of the Compre- hensive Plan and to protect adjacent properties. F ! t ' I 1 T– t e i i� i n 1 1 ' ! I l ! I-4 LrIL ITT y� I 44 1 41! T� t –'— 1 + 11 ♦ -1 t T - - - i T T '1 -tom -� '_. 1 i j } {_ I I t f j I I ! I 1 i 1 – r.-o ?� I I I ?O-1 i 1 1 -� 171 _ t _ � }3...!•-� I--} , f� -j !_1` i4G '-jam i - i i4 r—T- _i -1 j V Z I 1 1 , ; ! i 1 i—1.444--! i i E I ?' •-+ ---� T 44 ---•–• I } I 1. l t�–r –r 1–{ ? 1 i_1_, { , t � L _ .4..L Y-«. 1..-:--• _.1 J : -!- �..i..�.a I ' 1 � _♦ a.. ! L. 1 I Ll , �6• – t I JL{ -� _1� f 4 ! t ' t ! i f t ! i i } I } � �� J � .� !. s• ' ' _ (y'_ I j(/� _1 L-44 11--f T k4* i t rt�� � � } } ;-� } • f1f-� • tl f � - - 1 t � ji - �� I r. March 15, 1979 TO: RON WARREN, DIRECTOR OF PLANNING AND INSPECTION FROM: R.J. SCHIEFFER, CITY ATTORNEY RE: HOWE FERTILIZER You have requested a memorandum on behalf of the Planning Commission for a general review of non-conforming use requirements of City ordinances as they relate to the rebuilding of a structure which was destroyed by fire at the • Howe Fertilizer Plant. The Planning Commission application reveals that request is being made to reconstruct a building which requires variances from the setback provision and the buffering provision of the current ordinance. This variance request raises the question of whether or not a use which is non-conform- ing as to setback is to be treated by the same rules as a use which is non-conforming as to the use. We have previously answered this question, stating that under Minnesota law there is no distinction between the two kinds of non-conformity. However, since the Minnesota Supreme Court has dealt neither in i • 1 depth nor recently with the specific issue, we would like to conduct further research into that issue. The prospect of this issue being made moot by a realignment and a relocation of the building always exists. However, before requesting or permitting the applicant to voluntarily undertake the expense of redrafting site plans our research has uncovered another area which requires investigation. Generally speaking, this issue is one of the exact nature of the current use as contrasted with the nature of the use which existed on the site at the time the property became a non-conforming use. In short, at some. point in time, a site which was used for the stock piling of organic fertilizer (manure) and the distribution of potatoes in bulk, became, by revolution in the technology of fertilizers, a site for the collection, mixing, bagging, and distribution of toxic and possibly polluting chemicals. We feel compelled, before reviewing this matter fully with the Planning Commission, to make a complete review of the transition of uses on the site as compared with the transition of zoning ordinances which have been in effect over the years. These investigations will require further time and study and, since other consultants have been unable to present their reports at tonights Planning Commission meeting, and since it appears likely that the matter will be tabled we refer to PP Y P continue our investigations and report more fully to the Planning Commission at its continued meeting. RJS r Section 35-111. NONCONFORMING USES Unless specifically provided otherwise herein, the lawful use of any land or building existing at the time of adoption of this ordinance may be continued even if such use does not conform to the regulations of this ordinance, provided: 1. No such nonconforming use of land shall be enlarged or increased or occupy a greater area of land than that occupied by such use at the time of the adoption of this ordinance. 2. Such nonconforming use shall not be moved to any other part of the parcel of land upon which the same was conducted at the time of the adoption of this ordinance. 3. A nonconforming use of a building existing at the time of the adoption of this ordinance may be extended throughout the building provided no structural alterations except those required by ordinance, law, or other regulation are made therein. Excepted from the structural alteration limitation are single family dwellings, located in residential districts other than R1 or R201 provided any structural alterations or additions shall conform with the requirements of the R} district. 4. If a nonconforming use occupies a building and ceases for a continuous period of two years, any subsequent use of said building shall be in conformity to the use regulation specified by this ordinance for the district in which such building is located. 5. Any nonconforming use shall not be continued following 60% destruction of the buildina in which it was conducted by fire, wind, earthquake, or explosion, actor=== -- ==e --- -�•..: t,ic Building Inspector, approved•by the City Council. 6. Upon the effective date of this ordinance, where there is a nonconforming use of land on a parcel with no structure or where there is a nonconforming use of -land (such as storage of equipment and supplies) , on which there is a conforming structure, such use shall be terminated within two years following the effective date of this ordinance. 7. The foregoing nonconforming use provisions notwithstanding, the manu- facture of chemical fertilizer within the I2 zoning district, and upon the site of • the Howe, Inc. fertilizer plant located at 4821 Xerxes- Avenue North and legally described on Exhibit A attached hereto and made a part hereof by reference, shall be abated and discontinued on or before November 5, 1982; provided, however, that any such manufacture of chemical fertilizers which constitutes-a nuisance under the Common Law, under Minnesota Statutes 561.01, or under Section 19.101 of Brooklyn Center Ordinances shall be immediately abated and discontinued. Section 35-200. COrIPPEHENSIVE PLANNING The City Council hereby undertakes to carry on comprehensive study and planning as a continuing guide for land use and development legislation within the municipality. For this purpose the City Council has adopted, by Resolution No. 66- 295, a Comprehensive Guide Plan for the Citv of Brooklyn Center, and designates an . advisory planning agency by Section 35-201 to aid in such planning. r Section 35-400 (continued) (2) where no more than three interior lots have frontage on a "cross street," and where the corner lots are developed so that one side yard of each corner lot faces the "cross street," the front yard setback of the interior lots may conform to the side yard setbacks of the corner primary structures. A single family dwelling and permitted accessory structures may be constructed to .within• fifteen . (15) feet of the side corner lot line on a residential corner lot which was of leqal record on December 19., 1957, and which does not :meet the requirements of this ordinance as to width. C(3) (a) Acdessory buildings must be set back at least three (3) feet from an interior side lot line. (b) In the case of permitted one family and two family dwellings, the dwelling may be located less than ten (10) feet, but not less than five (5) feet, from not more than one (1) of the established interior side lot lines, provided: (1) All other yard setback requirements are met; (2) The remaining minimum ten (10) foot interior side yard, between the dwellings and the lot line, shall not be used for any accessory building; (3) The exterior wall of the dwelling, facing the interior side yard of - -- less than ten (10) feet, shall contain no openings including doors, or windows, or provision for mechanical equipment. (c) The setback distance shall be measured from the exterior wall of the building, and no part of any roof cornice or any appendage to the structure shall project more than one (1) foot into the minimum side yard setback. (d) Interior side yard setback requirements may be waived in ebmanercial and industrial districts•where abutting commercial and industrial property owners wish to abut along a common wall built along the property. (4) When a building of 2-1/2 stories or more in an R5, R6, R7, C1A or C2 zone abuts an R1 or R2 zone, the setback of this building from the R1 or R2 property shall be no less than twice the height of the building. (5) In the case of corner lots, the lot lines not abutting street right-of-way shall, the purpose of this ordinance, be considered side-interior lot I lines; and except as otherwise provided, the use shall adhere to the setback requirements set out for interior side yards. I ' i f I Section 35-414 (continued) • 7. Lighting surrounding automobile service stations must meet the provisions of Section 35-712. Lighting design must be submitted to the Planning Commission for recommendations to the City Council and all lighting shall con- form to drawings and specifications approved by the City Council. 8. Any required buffer or screening area shall be so constructed and maintained as to keep the beam of automobile headlights from shining into abutting properties. 9. There may be signs as permitted by the Brooklyn Center Sign Ordinance. 10. The following activities are prohibited: (a) Body work and painting (b) Motor vehicle parking, except that owners and employees automobiles and .a maximum of three service vehicles may be parked. Automobiles being serviced may be parked for a maximum period of 48 hours at any one time. i11 . The lawful use of land for any automobile service station existing at the time of the adoption of this ordinance may be continued even if such use does not conform to the above regulations provided that the use is made to conform to these regulations except subsections 1 , 2, 3, and 4 above, within twelve months of the date that this ordinance is adopted. Subsection 3 of Section 35-414 shall apply to all exterior additions, alterations, accessory buildings and signs erected or constructed after the effective date of this ordinance. 12. The owner and lessee shall be jointly and severally responsible for seeing that the above regulations are observed. I FSection 35-500. SUBSTANDARD LOTS AND PARCELS A lot or parcel which was of legal record within the R-I o r -2 zoning ' district on January 1 , 1976, and which does not meet the requirements of this ordinance as to width or area may nevertheless be utilized for single family detached dwelling purposes, provided the width is not less than 40 feet at the property line; the lot area is not less than 5,000 square feet; and provided that yard setback requirements for single family detached dwellings are met. i ! F a � ��� I ' � 1� LAKE - LAKESIDE PARK i _ f z � 1 1 i 1 • I 1 1 Planning Commission Information Sheet R Application No. 80035 Applicant: Harvey Lubov, President Homes Location: 4808 N. Lilac Drive Request: Variance The applicant is seeking a variance from Section 34-130:11 of the City's Sign Ordinance in order to obtain an off-site directional sign for an unspecified period of time. Section 34-130:11 prohibits off-site signs except those provided for under Sections 34-140:2c, 2f, 2i , 2k, 2,1 (1) , or those approved in conjunction with an Administrative Permit as provided in Section 35-800 of the City Ordinances. Without reviewing each of these specific exceptions here (see attached ordinance sections for further review) , it is the staff's judgment that the proposed signs do not fall clearly into any of these categories. President Homes has erected an off-site directional sign on Highway Department right-of-way westerly of Highway 100 where it intersects with France Avenue North. This sign was erected shortly after the fire on August 16, 1980 which destroyed a great portion of the Federal Lumber/President Homes complex (A companion appli- cation has also been submitted by Federal Lumber) . The off-site directional sign located on Highway Department right-of-way has been ordered down by the staff, but is not being pursued pending action on this variance request. The applicant has submitted a letter (attached) with his application in which he T makes the following points: 1 . The President Homes business offices have been moved to the Murphey Warehouse at 5001 France Avenue North and customers will be unable. to find these temporary offices without off-site directional signery. - 2. The request is made only for a temporary (although unspecified) period of time to keep the business running. 3. The granting of the variance will not be detrimental to other property. The company is making every effort to rebuild in their former location. (To date , the City staff has had little or no discussion regarding the rebuilding of the affected businesses). 4. The signs were erected with the permission of the property owners. As has been noted in relation to other sign variances, the purpose of the Sign Ordinance is to provide for "necessary visual communication" while protecting the public safety and promoting a pleasant physical environment. Variances from strict letter of the ordinance may be granted if the following qualifications or standards are met: 1 . A particular hardship to the owner would result if the strict letter of the regulations were carried out; 2. The conditions upon which the application for a variance is • based are unique to the parcel of land or the use thereof, .. for which the variance is sought and are not common, generally, to other property uses within the same zoning classification. 9-25-80 -1- ,* i I t Application No. 80035 continued 3. .The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood. With regard to these standards and the application before the Commission, the staff would make the following observations. 1 . The hardship which the applicant is experiencing at this time is not entirely related to the Sign Ordinance. That is, the potential loss of business is more a result of the destruction caused by fire than by the change in business location. 2. The Commission should carefully consider the effect approval of this variance would have in terms of setting precedent for similar situations. For instance, should all businesses which change location be allowed whatever directional signery is necessary to lead customers step-by-step to their new door? And, would not new businesses have the same economic survival at stake in directing customers to their establishments? 3. The standards require that signs allowed by variance not be detrimental to the public welfare, generally, as well as to neighboring properties. The fact that the owners of the -- - -- - property on which the signs have been placed do not object, is not necessarily an indication that Standard No. 3 is met. Any sign which is unnecessary would not seem compatible with the public welfare in light )f the Sign Ordinance's statement of purpose to provide for "necessary visual communication.' 4. The fire, which has caused the hardship, for President Homes (as well as Federal Lumber) certainly can be considered a unique situation and the continuation of the business is of significant importance to the applicant and his employees and may very well have an affect on the community. 5. The fire or disaster should be the basis for granting any variance. It is felt that a determination should be made regarding what might be a reasonable time for allowing an off-site sign. The main purpose of the sign is to provide direction for customers not realizing that the business is still in operation. Any variance should be only for a specific temporary P eriod with no extensions of that time to be considered. A temporary period P Y P would allow the applicant time to take advantage of other means of communication such as notices to customers, media ads, etc. to inform clients and potential clients that they are still in operation. As time goes on, the necessity of the sign and the hardship lessen. Perhaps 30, 60 or 90 days with no extensions would be considered adequate time. 6. It has been suggested to President Homes (as well as Federal Lumber) that the signs night better be located on private property rather than public right-of-way. There have been indications that this type of right-of-way area should be kept free of billboards and signs, except those expressly permitted by the ordinance. . 7. Also, if a variance is granted, the size of the sign should be specified. Typically, directional signs are limited to 16 sq. ft. A public hearing has been scheduled and notices have been sent. r PRESIDENT HOMES DIV.OF I4ARVEV BUILDERS,INC. PRESIDENT �� -'-� �r,w..�•d ♦t HOMES 48M NORTH LILAC DRIVE MNNEAPOLIS, MINN. 55429 TELEPHONE (612) 537.3622 SEPTEMBER 8, 1980 Mr. Gerald Splinter ' City Manger Of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Dear Mr. Splinter, As you are aware of the buisness mis- ----------------- -- fortune President Homes as well as Federal Lumber has suffered on the night of August 16, 1980, we are specifically asking for a variance in your sign code so that we may continue to regroup and do business in.as normal a fashion as possible, until we can rebuild our former office. Your cooperation in securing this variance will be both helpful and appreciated. Sincerely yours, HARVEY A. BOV, PRESIDENT PRESIDENT HOMES HAL:mj r � I� 1 • i� ` PRESIDENT HOMES DI V.OF HARVEY BVILOERS,INC. PRESIDENT is HomEs 0 4808 NORTH LILAC DRIVE MINNEAPOLIS, MINN. 55429 TELEPHONE (612) 537.3622 SEPTEMBER 10, 1980 Mr. Ron Warren Director of Planning & Inspection 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Ron: This letter is a request for a variance in your sign ordinance as per Section 34-180. 1) We have had to move our business offices in the Murphy Warehouse location on 5001 France Avenue North. Our customers cannot find us since we have moved because of the fire on the evening of August 16, 1980. 2) This request is made only on a temporary basis. in order for us to continue to stay in business and keep our people employed. 3) The granting of this variance will not be de- trimental to the public welfare or injurious to other property in the neighborhood. We are making - every effort to rebuild in our former location. Also, may I note that permission has been received by us to place our temporary directional sign on Dale Tile's Property and Murphy Warehouse Property. Thank you. Harvey A. cv, President PRESIDENT HOMES HAL:mj I i t Section 34-120. NONCONFORMING USES Any sign legally existing on the effective date of this ordinance which does not conform to the requirements set forth in this ordinance shall become a nonconforming use. • • Nonconforming, permanent signs shall be allowed to continue but shall not be rebuilt, materially altered, or relocated without being brought into compliance with the requirements of this ordinance, except that any flashing portion shall be discontinued within 30 days after the effective date of this ordinance. Section 34-130. PROHIBITED SIGNS 1. Signs that, by reason of position, shape, or color would interfere with the proper function of a traffic sign or signal. 2. Signs within the public right-of-way or easement, except for government installed signs. 3. Signs that resemble any official marker erected by a governmental agency or that display such words as "Stop" or "Danger". 4. Flashing signs including indoor signs which are visible from the public streets. S. With the exception of searchlights which may be approved in conjunction with an Administrative Permit as provided in Section 35-800 of the City Ordinances, no rotating beam, beacon or flashing illumination shall be used in connection with any display. 6. Signs or sign structures that obstruct any window, door, fire escape, stairway or.opening intended to provide ingress or egress for any building structure. With reference to commercial and industrial districts, signs painted on the inside glass portion of windows or 'doors are permitted. 7. Banners and stringers unless approved in conjunction with an Administrative Permit as provided in Section 35-800 of the City Ordinances. I S. Sign posters that are tacked or posted on trees, fences, utility poles or other such supports. 9. Portable signs, except as provided in Section 34-140, Subdivision 2f unless approved in conjunction with an Administrative Permit as pro- vided in Section 35-800 of the City Ordinances. 10. Roof signs except as provided in Section 34-140, Subdivision 3A(1) . pl"'11. Billboards, except as provided in Section 34-140, Subdivisions 2c, 2f, 2h, 2i, 2k, 21 (1) ; or billboards which may be approved in conjunction with an Administrative Permit as provided in Section 35-800 of the City Ordinances; and certain rummage sale billboards as provided in Section 34-110 of the City Ordinances. 12. Signs painted directly on building walls. 13. All other signs not expressly permitted by this ordinance. x • 1 I Chapter 34-140 (continued) i. Wall Signs on office buildings shall be of a uniform design compatible with the exterior appearance of the building. 2. Permitted Signs Not Requiring a Permit a. Identification signs for one and two family dwellings provided that such signs are less than two (2) square feet in area. (Note: Home occupation signs are covered by Section '�4-140, Subdivision 3C (1) .) b. Freestanding site pedestrian vehicular-traffic, and parking directional signs as appropriate, provided such signs are less than thirty-six (36) square feet in area . c. Traffic control signs, noncomnercial.governmantal signs, legal notices, railroad crossing signs and temporary nonadvertising'safety or emergency signs. d. Signs denoting the architect, engineer, contractor, or owner when placed upon a respective worksite and not exceeding an aggregate of forty-eight (48) square feet in area , to be removed ten (10) days following completion of construction. e. Copy or message changing on a printed or painted sign which is permitted by this ordinance. f. Portable and freestanding political signs for a_ period of not more than ys sixty (60) days before and ten (10) da after an election provided no one sign is greater than sixteen (16) square feet in area . Freestanding political signs may be installed only upon private property with the permission of the property owner who shall be responsible for removal thereof. The candidate whose candidacy is promoted by an improperly placed or otherwise illegal political sign shall be held responsible. therefor. g. Signs or posters painted on or attached to the inside of a display window. This shall include illuminated signs, but not flashing signs. h. Flags, badges, or insignia of any government or governmental agency, or of any civic, religious, fraternal or professional organization. Commercial and industrial establishments may display a single flag consisting of the official corporate seal or insignia as identification of the individual establishment. Advertising_or promotion of specific products or services is prohibited unless approved in conjunction with an administrative permit as provided in Section 35-800. i. Emergency signs required by other governmental agencies. J. Temporary displays which are erected to celebrate, commemorate, or observe a civil or religious holiday. t r i ` Section 34-140 (continued) k. Courtesy bench signs, provided they are installed and maintained by a person, firm or corporation licensed by the City Council. 1. Real Estate signs as follows: (1) Temporary freestanding or wall signs for the purpose of selling or leasinq individual lots or entire buildings provided that such signs shall be less than ten (10) square feet for residential property and thirty-two (32) square feet for other property and that there shall be only one such freestanding or wall sign permitted for each property. The sign must be removed within ten (10) days following the lease or sale. Temporary freestanding off-site real estate signs announcing an "open house" or similar activity for the purpose of showing or displaying a home for sale are permitted provided: (a) The off-site sign is located on privately owned residential property and there is no objection to the display of the sign on the part of that property owner; (b) The off-site sign is displayed only during the time of the "open house" or showing; (c) The size of the off-site sign shall not exceed 2.5 square feet. (2) A temporary freestanding sign for.the purpose of announcing or promoting a new residential, commercial or industrial project development, provided that each residential project contains at least six (b) dwellings or lots. Further provisions are, that one such sign is permitted for each major thoroughfare the project abuts; the signs shall be located at least one hundred thirty (130) feet from any pre-existing home; the signs are removed within two (2) years of issuance of the first building permit in the project or when the particular project is ninety (90) per cent sold out or rented, whichever is sooner; and each sign shall not exceed the following size limitations: Project area under 10 acres - 48 square feet Project area over 10 acres - 320 square feet f Section 35-800. ADMINISTRATIVE PERMITS + No person shall use his property or/and assist, countenance or allow the use of his or of another's property located within the municipality for any of the follow- ing purposes or uses without first having obtained a permit from the City zoning 0 Section 35-800 (continued) official. The use shall not for the duration of the permit, considering the time I of year, the parkino layout for the principal use, the nature of the proposed use and other pertinent factors, substantially impair the parking capacity of the principal use or impair the safe and efficient movement of pedestrian and vehicular traffic either on or off the premises. A waiver from certain provisions of the sign ordinance and from certain parking requirements of this ordinance is implied by the granting of an administrative permit, but only for the duration of the permit and to the extent authorized by said permit. • 1. Tents, stands and other temporary structures for church functions, civic functions, charities, carnivals, and similar purposes for a period not exceeding 10 days. The permit fee shall be $2. Certificates of insurance may be required to assure the public welfare. . off site signs promoting or announcing civic functions or community events may be authorized by the City Council for a period not exceeding 10 days . provided: a. The off site signs are located on private property in • the Commercial (Cl, C1A, and C2) or Industrial (I-land I-2) Zoning Districts; • b. The off site signs are limited to no more than 5 locations; and c. There are no more than one sign per location. permits for such signs will be considered independent of any other permits authorized by this section of the ordinance. The permit fee shall be $2 per sign location. 2. Out of door retail sale, storage and display of merchandise or offering of Services when accessory to or promoting a permitted use or a special use P 'within a nonresidential zoning district as follows: a. The out of door retail sale, display, and storage of nursery and garden merchandise including lawn furniture and equipment, for a period not to exceed 30 consecutive weeks in any one calendar year: The permit fee shall be $5. b: Miscellaneous out of door retail sales or displays or ' - promotional events for periods not to exceed 10 consecutive days. Two such 10 day permits may be allowed per premises per calendar year. The permit fee shall be $2. Section 35-801. ADMINISTRATIVE PERMIT APPLICATION • Application for permission to engage in a use set forth within Section 35-800 shall be made to the City. The applicant shall set .forth his name, address, the location of the proposed use, the duration of the proposed use, the hours of the �� . proposed use, the nature of the proposed use and shall submit a map or diagram describing the layout of the proposed use.' The zoning official may require such .A.11 nnnhlp him to determine whether the proposed use meets 6 m = 0 ' ' lube oil, YAN LAKE Planning Commission Information Sheet Application No. 80036 Applicant: Federal Lumber Location: 4810 North Lilac Drive Request: Variance The applicant requests a variance from Section 34-130:11 of the Sign Ordinance in order to maintain an off-site directional sign for a period not to exceed 90 days. They have erected an off-site directional sign in the highway right-of-way easterly of Highway 100 at its intersection with France Avenue North. The sign has been ordered down, but the order is not being pursued pending disposition of this application. This application is submitted as a companion to Application No. 80035 and the analysis contained in that report will not be repeated here. The applicant has submitted two letters (attached) requesting the temporary variance. These letters point out that Federal Lumber has lost 100% of its building visibility, along with a' iarge elevated sign, as a result of the fire. The second letter notes that Cook Paint has given its permission to erect a directional sign to Federal Lumber on its property. As a point of information, it should be noted that Federal Lumber, unlike President Homes, has not changed locations, but is operating out of trailers serving as temporary offices on their site. We will not reiterate here the evaluation of the Sign Ordinance Standards for a Variance discussed in the information sheet for Application No. 80035. The Commission is simply urged to evaluate carefully the needs for visual communication which have or have not been causedbby the fire of August 16, 1980 If a variance is to be recommended, it should be done so on the basis of the fire, or disaster, as being a unique situation causing an undue hardship and only on a temporary, but specified period of time. A public hearing has been scheduled and notices have been sent. • 9-25-80 UPPER MIDWEST'S DOMINANT LUMBER CO. (ICJ BRANCH YARDS ,CARLOAD Federal-Southtown DISTRIBUTORS 8436 Pillsbury Ave.S. of the Finest Nationally Mpls.,MN 55420 Advertised Building H, Materials for Homes Ft- EDEEI E` ` Federal-St.Paul and Industry 1 ( 1 1 11 1 1 1 11 I l t 1 1 1 1 l 1 1 1 1 Jul l l l l l l i 1 1 1 11 l� 2741 Geneva Ave.N. St.Paul,MN 55119 ''ti°I�JUIJ ?t1;31 '# tt�K3fll�IsIct+iCstC'7 • M1L1i�V3RK GARAGE t3CSt)R5 MAIN OFFICE BUILDING AND YARDS—4810 NORTH LILAC DRIVE, MINNEAPOLIS, MINNESOTA 55429 — Phone 533-4691 September 8, 1980 Mr. Ron Warren Director of Planning and Inspection 6301 Shingle Creek Parkway Brooklyn Center, Mn. 55430 Ron: In the midst of many, many problems, it seems we have another one. Briefly, after our recent fire disaster, we placed two small directional signs at the intersection of France and 48th Street. No advertising, no phone numbers, just our name and directional arrows. We are now advised that we are in violation of an existing ordinance and have now taken down these signs. We would like to request a variance on a temporary basis, 90 days maximum, keeping signs within the 16 square feet. limit. May we have your consideration of the fact that we've lost 100% of our building visibility along with an elevated, written sign previously on top of our largest building. We are trying to stay in business and maintain a payroll under tremendous difficulty and would sincerely appreciate this temporary consideration. Sincerely, FEDERAL LUMBER COMPANY ,a. xaz��� - Sam H. Rosenbaum President SHR:cc f r UPPER MIDWEST'S DOMINANT LUMBER CO. BRANCH YARDS CARLOAD DISTRIBUTORS Federal-Southtown 8436 Pillsbury Ave.S. of the Finest Nationally Mpls.,MN 55420 Advertised Building Materials for Homes K B Federal-St. Paul and Industry I j �� I tj 1 1 1 1 1 1 1 1 j 1 �� 2741 Geneva Ave.N. St. y ti*lSULAYiC3N * tfJO fNC ! I ENCIN'G Paul. N 55119 NIL1VO K DOQR GB ` MAIN OFFICE BUILDING AND YARDS— 4810 NORTH LILAC DRIVE, MINNEAPOLIS, MINNESOTA 55429 — Phone 533-4691 September 9, 19 80 Mr. Ron Warren Director of Planning and Inspection 6301 Shingle Creek Parkway Brooklyn Center, Mn 55430 Ron: We refer to Section 34-180 and while we feel that our letter to Ron Warren of September- 8, 1980 covers most of the three basis for variance, we would like to add that we have obtained permission from Cook Paint Company to place a directional sign on their property. We are unable to construe a circumstance where the place- ment of these temporary signs would be detrimental to the public welfare or injurious to property or improvements in the neighborhood. Sincerely, FEDERAL LUMBER COMPANY Sam H. Rosenbaum President SHR:cc F • Planning Commission Information Sheet Application No. 80037 Applicant: Zulfikar Walji Location: 4918 - 63rd Avenue North • Request: Home Occupation Special Use Permit The applicant requests approval of a special use permit to conduct a photography studio in the basement family room of his home at 4918 - 63rd Avenue North. The property is zoned R1 and is surrounded by single-family homes. The applicant has submitted a letter (attached) in which he describes the proposed photography studio. Services will include portrait- work, family groups, weddings , etc. Hours of operation are proposed from 12:00 noon to 8:00 p.m. , Tuesday through Saturday. Relative to traffic concerns, Mr. Walji notes the level of traffic on 63rd Avenue North and points out that his photography studio would not add noticeably to that existing traffic. The Building Official inspected the premises on September 17, 1980. A copy of his report is attached for the Commission's review. It is noted that there is 95' to 100' of driveway space on the premises. At 20' per car, this would allow for four, or possibly five cars to be parked off-street. The applicant owns two cars and, therefore, two to three spaces would be available for customer parking. These would be in tandem, however, creating some difficulty for patrons. The - . Commission and the City Council have generally required that all parking associated with a home occupation be off-street. In lieu of the amount of traffic on 63rd North (8250 AOT) , it is certainly recommended that all parking be off- street. The Building Official also recommends that the following safety measures be taken: 1. An exit sign be posted indicating the egress from the studio to the outside via the stairway. 2. A smoke detector be installed in the stairway leading to and from the basement. 3. That the laundry room be closed off from the studio. 4. That a fire extinguisher be placed in the vicinity of the studio. 5. The Building Official also reported that a basement room is being used for a si.eeping room without the means of proper egress. It is recommended that, as part of the special use permit, this matter be corrected. This application is similar in many respects to the case of Marjorie Van S1yke who received a special use permit to conduct a photography studio in her home at 4925 Brooklyn Boulevard. A public hearing has been scheduled and notices have been sent. Staff can find no basis for denying the special use permit if the recommended revisions be accomplished. Approval is, therefore, recommended subject to at • least the following conditions: 9-25-80 -1- E • i Application No. 80037 continued 1 . The special use permit is issued to the applicant as operator • of the facility and is nontransferable. 2. The permit is subject to all applicable codes, ordinances and regulations and violation, thereof, shall be grounds for revocation. 3. The hours of operation shall be 12:00 p.m. to 8:00 p.m., Tuesday through Saturday. 4. The operation of the special use shall be on appointment only basis and not require more than two parking spaces at one time. 5. All parking associated with the home occupation shall be off-street on space provided by the applicant. 6. The stairway leading to the basement area shall be kept free of all obstructions- to provide safe public access and egress and contain a smoke detector. 7. The applicant shall provide a wall mounted chemical-type fire extinguisher as approved by the Fire Chief in the immediate area of the studio. 8. The laundry room shall be separated from the photography studio by a partition approved by the Building Official . 9. The basement area being utilized for sleeping purposes O.". be modified to provide the proper means of egress. 10. Approval of the Special Use Permit is exclusive of any signery which is subject to the requirements of Chapter 34 regarding home occupations. A permit for the sign must be obtained from the Building Official prior to erection of the sign. s 9-25-80 -2- _ 4918 63rd Avenue North Brooklyn Centre 55429 September 12th, 1980 City of Brooklyn Ctr. 6304-Shingle Creek Pkwy Brooklyn Ctr. 55429 Dear Sirs; I am requesting a special use permit for a portrait photography studio in my home. Last year I completed a 15 month Commercial photogr- aphy program at the Hennepin Technical Center, North Campus. For the last 6 to 9 months I have worked for Daytons & Donaldson as a Freelence Photographer. Basically I will be doing portrait work, family groups, some outdoor portraits ( when wheather permits ) and on location work, such as Weddings and advertizing brochures. My business hours will be 12.00pm to 8.00pm Tuesday thru Saturday. 'Since I live on 63rd Ave, I do not feel that I would generate much more traffic than is already here . I do have le off street � parking for my customers. The portrait studio will be in the Basement family room, as not to int- erfere with personal family living. I am also anticipating putting a 16x20 ( PHO'T'OGRAPHY BY ZULFIKAR !QIJI) sign up as soon as the special use permit has been issued. I am,enclosing a check for 25.00 for sub- mitting this application. I would appreciate your immediate attention in this matter. If you have any questions please feel free to call. Thank you! Zulfikar K. Walji 4918 63rd Ave No. d Brooklyn Centre Minn 55429 533-2629 t t r. l PLANNING AND INSPECTION DEPT. — CITY OF BROOKLYN CENTER N°_ 66756 INSPECTION REQU T RECORD Address: U�� ,(% 1 Date:. lRequest���QQ��y� _ l Time: ❑ Owner ❑ Contractor ❑ Other Taken By:,L.,— - -- - - DESCRIPTION OF REQUr ETT AND INSPECTIONi ' NgT�,ES: ❑. Housing :6, c?.{� • 1,�:f1=E'.•(�L�P Buildm9 ❑Footing ❑ Environment �`�t� �'s� r Plumbing ❑Framing at'er Meter -0. ❑ Electrical ❑Rough- In ❑Water Line ❑ Mechanical V-Routine ❑Sanitary Sewer Other ❑ Sin — ❑Correction ❑Storm Sewer FINAL Residential ❑ Commercial ❑ industrial Public Permit No. Inspector's Remarks: F + �KYrY^ �•J 2: /✓c le. 1.r,tJ-L.tJ +:' '��1%�"5Li i'�I k�+•�r/" .l } 4� �'�!i ��. / } Date/Time Completed q112Z Inspector_ P/I Form No. 17 V. _ .. �T'F1. .. .� _ •���,.• _, .�.-. �vx. .. � �,,, ,- J -'RTi'":. ,,..4..eq.TT:__.__-"..fin,....-..._�......�.-..-�. t • • s t Section 35-220. SPECIAL USE PERMITS 2. Standards for Special Use Permits • A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met: (a) The establishment, maintenance or operation of the special use will promote and enhance the general welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort. (b) The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. (c) The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. (d) Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. (e) The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 3. Conditions and Restrictions The Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with requirements specified in this ord- inance. In all cases in which special use permits are granted, the City Council may require such evidence and guarantees as it may deem necessary as part of the conditions stipulated in connec- tion therewith. 4. Resubmission ;. No application for a special use permit which has been denied by the City Council shall be resubmitted for a period of twelve (12) months from the date of the final determination by the City Council; except that the applicant may set forth in writing newly discovered evidence of change of condition upon which he relies to gain the consent of the City Council for resubmission at an earlier time. 5. Revocation and Extension of Special Use Permits When a special use permit has been issued pursuant to the pro- visions of this ordinance, such permit shall expire without further action by the Planning Commission or the City Council unless the applicant or his assignee or successor commences work upon the sub- ject property within one year of the date the special use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use Permit" application requesting such extension and paying an additional fee of $15.00. Special use permits granted pursuant to the provisions of a prior ordinance of Brooklyn Center shall expire within one year of the effective date of. this ordinance if construction upon the sub- .ject property' pursuant to such special use permit has not commenced within that_ time. In any instance where an existing and established special use is abandoned for a period of one year, the special use permit re- lated thereto shall expire one year following the date of abandon- ment. 'Section 35-900 (continued) 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. Garage, private - An accesso ry buildin ' or an accessory ' � ry portion of the welling 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 landscaping materials, and maintained expressly for such. purpose. Home Occupation - Any gainful occupation or profession, engaged in by the occupant of a dwelling unit within said dwelling, which is clearly incidental and secondary to th6 residential use of the premises, provided, such activity does not produce light glare, noise, odor or vibration perceptible beyond the boundaries of the premises; does not involve the use of accessory structures; and further provided - - that said activity does not involve any of the following:- repair, service or man- ufacturing which requires equipment other than that customarily found in a home; over-the-counter sale of merchandise produced off the premises; or the employment of persons on the premises, other than those customarily residing on the premises. Examples include: dressmaking; secretarial services; professional offices; answer- ing service; individual music or art instruction; individual hobby craft; child day care (defined as the care of not more than five (5)_ nonresident children and provided the facility and operation are properly licensed by the County, and provided a record of $aid license is on file with the City) ; and the like. Home Occupation, Special - Any gainful occupation or profession, approved by special use permission, engaged in by the occupant of a dwelling unit within said dwelling or involving not more than one accessory use permitted by Section 35-310 or Section 35-311, and which involves any of the following: stock-in-trade Incidental to the performance of the service; repair, service, or manufacturing which requires equipment other than that customarily found in a home; the employment -an the premises, at any one time, of not more than one person who is a nonresident of the premises; the teaching of more than one (1) but not more than four (4) non- resident students at any given time; or the need for not more than two (2) parking spaces in addition to spaces required for the persons residing on the premises; and provided the activity: is clearly incidental and secondary to the residential use of the premises, including the dwelling, and permitted accessory buildings or in- stallations thereon; does not produce light _glare, noise, odor or vibration perceptible beyond the boundaries of the premises; does not consist of over-the-counter sales of merchandise produced off the premises. Examples include: barber and beauty services, shoe repair, photography studio, group lessons, saw sharpening, motor-driven appliance and small engine repair, and the like. Hotel - A building which provides a common entrance, lobby, and stairways, Oand in which lodging is *commonly offered with or without meals for P eriods of less than a week. _ F � i �IIIIIII�I�N��u■�na�rq �. • •��w��� �1� ���� 'x , ,,11 � �� 0 going oil UNION ns-4H1: I,CI , ANN �i M> .• it