HomeMy WebLinkAbout1980 10-09 PCP PLANNING COMMISSION AGENDA
REGULAR SESSION
October 9, 1980
1. Call to Order: 7:30 p.m.
2. Roll Call
3. Approval of Minutes: September 25, 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 recommendations to
the City Council . The City Council makes all final
decisions in these matters.
AO'5. Randall Cook 80032
Request to rezone the land from 5301 to 5407 Brooklyn
Boulevard from R1 to R2. This application was tabled
by the Planning Commission at its August 28, 1980
meeting for referral to the Southwest Neighborhood
l Advisory Group.
6. K-Mart Corporation 80038
Request for special use permit and site and building
plan approval to operate the existing auto center and
gasoline service station at 3600 - 63rd Avenue North
and to build a canopy to shelter a new outdoor garden
shop at the same site.
7. K-Mart Corporation 80039
Request for preliminary R.L.S. 'approval to combine
three existing parcels at 3600 - 63rd Avenue North
into a single parcel .
8. Q Petroleum 80040
Request for special use permit and site and building
plan approval to convert the abandoned service
station and car wash at 1505 - 69th Avenue North to
a gas station/convenience store.
9. Brookdale Ford 80041
Request for a variance from Section 34-130:11 to
permit two off-site directional signs on the
Brookdale Square property to the north to direct
traffic moving southbound on Shingle Creek Parkway
into the Brookdale Ford site.
V10. Donald C. Scott 80042
Request for a variance from Section 35-400 of the
City's Zoning Ordinance to create a 92.86' wide
lot for a 4-plex on the property at 7211 West River
Road.
11 . Jesse Sandoval 80043
iRequest for a home occupation special use permit to
conduct a saw sharpening business in the basement of
the residence at 5548 Logan Avenue North.
12. Other Business
13. Discussion Items
a. Real Estate Signs
b 'ji6r-i4/t. 6>Fl?�OrOr- 11t:-i/C,C.eS AJ ZOAJe
14. Adjournment
I
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Planning Commission Information Sheet
Application No. 80032
Applicant: Randall Cook
Location: 5301 to 5407 Brooklyn Boulevard
Request: To Rezone the Land from 5401 to 5407 Brooklyn Boulevard from R1 to
R2.
This application was before the Planning Commission on its August 28, 1980 meeting.
The application was tabled at that time and referred to the Southwest Neighborhood
Advisory Group for review and comment. Chairman Hawes met with members of the
advisory group and with other affected residents in the area at the Northport
Elementary School on September 18, 1980. A copy of the minutes to that meeting
is attached. No petition signed by owners of the affected properties has yet
been received, however.
No opposition to the proposed rezoning was expressed at -the neighborhood advisory
group meeting. The comments of staff on the proposed rezoning were summarized
in the previous report on this application (attached) and will not be repeated
here.
It should be pointed out that the Planning Commission must make its recommendation
to the City Council by its October 23, 1980 meeting to meet the time limits estab-
lished by the Zoning Ordinance. If no petition of affected property owners has
been received by Thursday's meeting, staff would recommend tabling the application
until the October 23, 1980 meeting to give the applicant a chance to submit the
petition. Such a petition is not a requirement for rezoning property; however,
• in cases such as the present one, it is good planning practice. Should such a
petition not be submitted by October 23, staff would encourage the Commission to
make some recommendation on the application. If the Commission feels favorably
toward the proposal , it could recommend that a smaller area be rezoned. The
zoning of property should, in any case, be based on a rational approach with
comprehensive planning principles in mind rather than on the basis of private
interests.
10-9-80
SOUTH WEST NEIGHBORHOOD ADVISORY COMMITTEE
MEETING SEPT 18,1980
The advisory group of four members and nine other neighbors
(list of attendies attached) meet at Northport School at
8:00 PM.
There was much discussion regarding the potential of rezonixg
from R1 to R2 to allow the building of a double house on the
vacant land north of 5341 Brooklyn Blvd. Question was asked
"why rezone the entire area instead on just that piece of
property". It was pointed out that the comprehensive plan.
does not allow for "spot" rezoning and therefore the entire
area from 53VD ave to the Northport Medical Center was to be
included.. Also this would permit the vacant property south of
5341 Brooklyn Blvd. to be built with a double house too. Also
• anyother of the property along this street.
It was discussed which type of buildings would be allowed to
be built by a developer.No one had any serious problem with:• a
double house on this site or on any of the property along this
street..
At this time we passed around the attendance list and asked
each person to indicate by their name if they were in favor
of the rezoning. It was evident that all of the property
owners at the meeting were in favor and recommended the rezoning
from the present R1 to the proposed R2. Everyone understood_
it included the land front 53RD north to 5407 Brooklyn Blvd.
f
Planning Commission Information Sheet
Application No. 80032
Applicant: Randall Cook
Location: 5301 to 5407 Brooklyn Boulevard
Request: Rezoning from R1 to R2
The applicant requests that the land contained in the lots addressed 5301 to 5407
Brooklyn Boulevard be rezoned from Rl to R2, chiefly for the purpose of allowing
i him to build a two-family dwelling on the vacant lot to the north of 5341
Brooklyn Boulevard. The property in question is bounded by the Brooklyn Boulevard
frontage road on the east, by 53rd Avenue. North on the south, by single-family
homes fronting on Northport Drive to the west and by the Northport Medical Clinic
to the north. The lots in question are all part of Auditor's Subdivision 216
(they have metes and bounds legal descriptions) and range in width from roughly
70 ' to 140' .
The applicant has submitted a letter (attached) in which he states his own reasons
for seeking the rezoning. He points out that there are apartments and double-
bungalows roughly within one block of the proposed rezoning (the double-
bungalows are zoned R1 and continue as nonconforming uses) . He also states that
an R2 zoning is consistent with the proposed Comprehensive Plan recommendation
for this area (low density residential which includes R1 and R2) . In addition,
he observes that the two vacant lots in this area are rather large (approximately
140' and 100' in width) for single-family. Staff would add that most of the
inquiries received concerning these parcels relate to their eligibility for com-
mercial development. Finally, the applicant states his intent to remain in the
area and keep the premises attractive.
In terms of the guidelines for evaluating rezoninps (Section 35-208:4 attached) ,
staff would offer the following comments:
a. The principal benefit from the proposed rezoning is that it is
more likely to allow development of the two vacant properties
in this area than the current R1 zoning. Furthermore, develop-
ment of these properties should serve to reduce some of the
demand for commercial development in the area south of Northport
Medical Clinic.
b. The R2 zoning classification is considered a low density resi-
dential land use by the proposed Comprehensive Plan along with
the R1 classification (implied on page 68) . The R2 classific-
ation allows single, as well as two-family development.
c. The district requirements for lot width and area are met by the
vacant parcels. Also, the two developed single-family lot .
immediately south of the clinic would meet the requirements
for lot width in the R2 zone whereas, at present, it is
substandard by 5 feet for the R1 zone.
d. The proposed Comprehensive Plan, recommends that the land to
the north of this area eventually be rezoned to Cl if and when
• a development plan for service/office uses is put forward. The
proposed rezoning follows the same trend toward more intensive
land use along Brooklyn Boulevard within the limits established
by the guide plan.
8-14-80 -1-
i
Application No. 80032 continued
e. Not a City-initiated rezoning.
f. The proposed zoning would create no substandard or nonconforming
conditions.
g. With respect to the two vacant lots within the proposed "district,
they are significantly larger than standard-size R1 lots and
are located along a busy major thoroughfare. It could be added
that the unanimous opinion of real estate agents inquiring about
zoning of properties along the Boulevard is that frontage on
Brooklyn Boulevard is a poor location for single family.
h. The rezoning would expand the R2 zoning district:
h 1 . within the recommendation of the Comprehensive Plan;
2. would make available developable land, of which
there is little, if any, in the R2 district;
I
3. we defer any comment on the best interests of
the community to the Planning Commission, City Council
and neighboring residents.
i . Insofaras the proposed rezoning meets a number of the ordinance
guidelines and is consistent with the recommendations for Brooklyn
Boulevard contained in the proposed Comprehensive Plan, it seems
to have merit to the community as well as the property owner.
The proposed rezoning has not been submitted by a group of petitioners made up
of affected residents. This department has received no comment either from
owners of the affected property or neighboring properties. Staff have recom-
mended that a petition be brought although this is not mandatory. The configur-
ation of the proposed R2 district was also suggested by staff as a more rational
zoning district than a single lot, in view of the fact that existing single-
family homes would not become nonconforming. Based on its own review and/or
input from affected and surrounding property owners, the Commission, if it feels
the rezoning warranted, may recommend that a smaller area be rezoned. It is
recommended that any rezoning include the properties immediately south of the
Northport Medical Clinic, as well as the large vacant lots to the south.
As with all rezoning applications, it is recommended that the Planning Commission
table the application and refer it to the Southwest Neighborhood Advisory Group
for review and comment.
A public hearing has been scheduled and notices have been sent.
8-28-80 -2-
g5ecrion •
I.
Purpose.
The City Council finds -that effective maintenance of the comprehensive
planning and land use classifications is enhanced through un:for:n and equitable
evaluation of periodic proposed changes-to this Zoning Ordinance; and for this
purpose, by -the adoption of Resoiu-tion No. 77-167, -the City Council has establi-shed
a rezoning evaluation policy and review guidelines.
2. Policy.
It is the policy of -the City that: a) zoning classifications must be
consistent with -the Comnprehensive Plan, and b) rezoning proposals shall not
constitute "spot zoning, " defined as a zor_ing.decision which discriminates in
fa-,;or of a particular landowner, and does not relate to the Comprehensive Plan ,
or to accepted planning principles
3. Procedure.
• Each rezoning proposal will. be considered on its* merits, measured
against 'the above policy and against these guidelines which may be weighed
collectively or individually as deemed by the City.
4. Guidelines.
(a) Is there a clear and*public need,or benefit? _
(b) Is the proposed zoning consistent with and compatible with . -
• surrounding land use classifications?
(c) Can all permitted uses.in the proposed zoning district be
contemplated for development of -the subject property .
(d) Have there been substantial physical or zoning classification
changes -in -the area since 'the subject property was zoned?
(e) In the case of City-initiated rezoning proposals, is there a
14road public purpose evident? _
_ (f) Will the subject property bear fully the ordinance development
restrictions for -the proposed zoning districts ?
(g) Is the subject property generally unsuited for uses permitted in
the present zoning district, with respect to size, configuration,
topography or location?
'(h) Will -the rezoning result-in the expansion of a zoning district,
warranted by: 1) Comprehensive Planning; 2) the lack of
developable land in the proposed zoning district; or 3)_ 'the
best interests of -the community?
1) Does the proposal demonstrate merit beyond the interests o€-an
owner or owners of an individual parcel?
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Planning Commission Information Sheet
Application No. 80038
Applicant: K-Mart Corporation
r Location: 3600 - 63rd Avenue North
Request: Site and Building Plan, Special Use Permit
The applicant seeks approval of a special use permit to operate the auto center
and gas station located at 3600 - 63rd Avenue North (the old Shopper's City
site). He also seeks site and building plan approval for a .canopy at the north-
east. corner of the building to serve as a cover for a new outdoor garden shop.
The property is zoned C2 and is bounded by single-family residences across
Beard Avenue North on the east, by apartments and Garden City elementary school
on the north, by single-family homes across Brooklyn Boulevard on the west and
by the City Fire Station and Liquor Store and more single family homes on the
south.
Special Use Permit Considerations
Both the gas station and the auto service center, for which the permit is sought,
are nonconforming uses since they each abut an Rl 'district across a street
(prohibited by Section 35-322:3 (a)) . However, since the auto-related uses have
not ceased for a period of over two years (as stipulated in Section 35-01 :4) ,
the operation is allowed to resume provided the Planning Commission and City
Council are satisfied that the proposed uses meet the standards for a special
use permit as far as possible, given the existing circumstances of nonconforming
use abutment.
The applicant has submitted a letter addressing the special use standards
• (attached) in which he states the Auto Center would be a benefit to the com-
munity; that the exterior of the building and the grounds would be improved and
maintained; that the proposed use is consistent with what has existed previously;
and that it will conform to the applicable regulations in the future. The appli-
cant has also submitted a letter (attached) describing the services to be
rendered and proposing hours of operation from 8:00 a.m. to 10:00 p.m. Monday
through Saturday, and 11 :00 a.m. to 6:00 p.m. , Sunday.
Staff have received comments from a property owner across Beard Avenue North
expressing concern over noise and screening of the center from the residential
area. It is our recommendation that the Commission consider restricting the
hours of operation to 8:00 a.m. to 9:00 p.m., Monday through Friday, 10:00 a.m.
to 6:00 p.m. Saturday, and either closed or noon to 5:00 p.m. Sunday. Since
there is another K-Mart Auto Service Center in town, customers arriving after
hours at this location may be referred to the K-Mart on John Martin Drive for
late-hour service. These reduced hours of operation are suggested in line with
Section 35-220:3 of the Zoning Ordinance which states: "The Planning Commission
may recommend and the City Council may impose such conditions and restrictions
upon the . . . operation of the special use as deemed necessary for the protection
of the public interest and to secure compliance with requirements specified in
this ordinance. 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 connection therewith."
.As well as the hours, the Commission may wish to pursue the services rendered,
• particularly those creating more noise such as tire changes.
10-9-80 -1-
Application No. 80038 continued
Site and Building Plan
The proposed site and 'building plan includes a new canopy at the northeast corner
of the existing building to shelter the new outdoor garden shop. The garden shop
measures approximately 38 feet from the existing eastern edge of the building and
extends roughly 103 feet north to a line 40 feet north of the present building's
north wall . Total area under the canopy is roughly 4500 sq. ft. A 20' wide fire
lane is proposed between the canopy and the existing curb line along the east edge
of the lot. Staff have some concern that there is no readily availabe nearby
parking which can be used by garden shop customers and that the fire lane or the
area immediately around it may be violated. The activity of the garden shop will
be subject annually to the limits established by Section 35-800:2a of the Zoning
Ordinance which requires Administrative Land Use Permits for out-of-door sale and
display of garden supplies and equipment.
As with all existing uses which do not meet current ordinance standards or com-
munity norms, the site at 3600 - 63rd Avenue North is in need of upgrading. The
applicant proposes to add 22" to 3" Green Ash at roughly 40 feet intervals along
the northern portion of the easterly and westerly greenstrips. Two Austrian Pine
are scheduled for the northeast corner of the site. Numerous Juniper and other
low-lying shrubs are indicated for the greenstrip along Brooklyn Boulevard along
with four Almey Crabapple Trees. The applicant has discovered an existing under-
ground irrigation system serving the west, south, and east greenstrips and intends
to connect it to an automatic timing system to facilitate site maintenance.
The applicant has not proposed to install underground irrigation along the north
greenstrip, nor any new plantings (there is a row of shorter trees along the
• property line with the school ), nor curb and gutter, nor screening of the mechan-
ical equipment along the north (back) side of the building and on top of the roof
above the auto center. It is staff's judgment that all of these omissions are
significant, especially since they are concentrated in one area of the site. The
screening of mechanical equipment is a longstanding policy of the City. Curb and
gutter is required under Section 35-710 of the Zoning Ordinance and underground
irrigation un er 35-412:4. The addition of plantings in this area, such
as 22" to 3" q`ro n„ trees spaced 40' to 50' apart would greatly improve
the image of th site and would serve to screen the rear of the shopping center
from surrounding residential properties and passing motorists.
Regarding the gas station at the southwest corner of the site, no change is
proposed whatever to the site or building. No hours of operation have been
submitted for the gas station. Increased landscaping is recommended.
. No alterations are proposed for the large customer parking lot. Required parking
for the existing building and proposed addition is roughly 870 spaces . Approxi-
mately 1 ,086 spaces exist on the site. There are 'three driveway openings along
Lee) 63rd Avenue North and three also along Brooklyn Boulevard. Spacing of the
openings along 63rd s in accordAnce with ordinance standards and present
difficulties. ✓, t �,-SyL��> -z � c' �,�,f� ,��-- .�
In light of he need for significant modification to the proposed plan, staff t„
are not prepared to recommend even a conditional approval of the application at
this time. Staff would also point out that there has been a great deal of
• confusion, quite unintentional , over whether the new garden shop would be built
and who would operate the gas station.
10-9-80 -2-
Application No. 80038 continued
Many discussions with the applicant have taken place without the benefit of a
proposed plan and have, therefore, been conceptual in nature, larking specifics.
Due to this confusion, staff would recommend that the Planning Commission seek a
full and clear understanding of the applicant's intentions and also require a
plan which brings the site up to current ordinance standards and community norms
before taking action on the appiication. C
i
10-9-80 -3-
MC1r-t Corporation
Midwestern Regional Office
. 2300B West Higgins Road
Hoffman Estates, Illinois 60195
312/884-3860
September 22, 1980
City of Brooklyn Center
6301 Shingle Creek Pkwy.
Brooklyn Center, MN 55430
Attention: Mr. Ron Warren
4
Re: Kmart #3552 - Brooklyn Center,- MN
G 3600 63rd Avenue, North.
I
Gentlemen:
Kmart Corporation, as an applicant for a special use permit
to operate the existing Automotive Service Center at the
above referenced location, proposes the following;
al The existing Auto Service facility will be used as it
was prior to acquisition by Kmart Corporation. Kmart
Corporation, in operating this facility, feels it can
provide a service that is beneficial to the community.
This proposed facility will be managed and maintained
in strict conformance with Kmart Corporation standards,
that is enforced in over 2,000 stores nationwide.
by This proposed facility is presently existing and Kmart
Corporation, if granted the special use permit, would
occupy this area. Kmart Corporation has plans to bring
existing equipment up to warranty condition and re-
model the interior. Included in this scope of work
is installation of new hoists, repainting the walls
and ceiling, and reworking the overhead doors.
The exterior of the building will be cleaned and the
overhead doors will be painted.
There is maintenance work in the adjacent area that
will also be included, such as repairing the masonry
wall along Beard Avenue. Landscaping plans have been
drawn and proposals for planting additional trees along
Beard Avenue are now being submitted.
i
-2-
City of Brooklyn Center September 22, 1980
Re: Y.mart#3552 - Brooklyn Center, MN
c) Because this described property is presently developed
and Kmart Corporation is applying for a special use
permit on an existing facility for the same use, con-
ditions pertaining to normal and orderly development
would remain as existing.
d) Kmart Corporation plans to use the existing parking lot
C layout as existing, that would also include the same
means of ingress and egress to the parking area.
e). Kmart Corporation, in working with state and local govern-
ing agencies, will conform to the applicable regulations
of the district located therein.
Very truly yours,
CONSTRUCTION DEPARTMENT
G. JR. j e tcke
Project. Representative
GJJ;pb
cc; W. J. Mottershaw
D. A. Nadon
J. A. Clarry
File
4
mart enter orises, inc.
midwestern regional o f iced- automotive
August 1 80 29 , 9
CITY OF BROOKLYN CENTER, MN.
RE: KMART STORE # 3552- AUTOMOTIVE CENTER
The above mentioned facility will be performing the
following Automotive Services.
1. Oil &. Filter Change
2. Brake & Front End Overhaul
3. Mounting & Balancing of Tires
4. Exhaust System Repair & Replacement
(with the use of an Acetylene Welder)
5. Engine Tune-up & the installation of
Starters & Alternators '
This will also include the storage of Tires and Batteries.
Hours of operation will be from 8:00 A.M. to 10:00 P.M. Monday
through Saturday. Sunday hours will be 11:00 A.M. to 6:00 P.M.
Regards , -
Mr John T. auderbaugh
Regional Service Manager
Automotive Division
MIDWESTERN REGION
JTL:ns
cc: C. Evans
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.
I (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.
Planning Commission Information Sheet
Application No. 80040
Applicant: Q Petroleum
Location: 1505 - 69th Avenue North
Request: Site and Building Plan, Special Use Permit
The applicant seeks site and building plan and special use permit approval to
operate a gasoline station and convenience store at the abandoned Shell Station
located at 1505 - 69th Avenue North (the southwest corner of 69th and Humboldt) .
The site is bounded by the Humboldt Square Apartments property on the south and
west, by the 7 Eleven Store across 69th Avenue on the north, and by a Union 76
Service Station across Humboldt Avenue to the east. The property in question
is zoned C2 and gasoline service stations are special uses within that zone.
The applicant proposes to install a new pump island, parallel to the building
and at a diagonal to the intersection, with seven pumping units. The island
will be 60 feet in length and placed 25 feet from the curb line of the sidewalk
fronting the building. The sidewalk will be widened to 5' from the existing
2 feet to meet handicapped requirements (no handicapped ramp is indicated,
r however) . Staff have requested that one pump provide diesel fuel as there are
only one or two stations offering diesel within the area.
A .proof-of-parking plan has been submitted showing five parking spaces immediately
adjacent to the building, five adjacent to the Humboldt Avenue access and five
adjacent to the 69th Avenue access. Four more stalls are- shown at the northeast
corner of the site, across the pump island from the building. These 19 spaces
meet the requirement for a commercial retail establishment of just under 2,000
• sq. ft.
The site presently has four driveways. Two will be eliminated under the proposed
plan - those closest to the 69th and Humboldt Avenue intersection. The remaining
approaches will be altered to provide 900 access. Between the pump island and
the building is a lane for gas fill-up and a "no-parking fire lane" to allow
cars to pass without obstruction.
The applicant proposes little in the way of landscaping. However, the site is
already well landscaped. The driveways to be closed will be filled in and
sodded, as will an existing driveway behind the building which was installed to
handle traffic using the car wash associated with the previous use. A 6' high
cedar stockade type fence screens the site from the R5 zoned property on the south
.and west. Minor repairs to this fence are scheduled. An underground irrigation
system is indicated in the major green areas on the site.
The exterior of the building is presently a light brick in front and along the
northwest side facing 69th Avenue. The southeast side is vertical board siding
and the rear is concrete block painted white. We have not requested a uniform
treatment be given to the entire building, however, staff have requested that
the building exterior be reduced to two types. The applicant has agreed to
cover the back of the building with vertical board siding. The roof is also
to be altered to provide a mansord type roof of brown aluminium shakes (to be
carried around the entire building) . The service bay doors on the front of
the building are to be bricked in consistent with the existing brick to. a
• height of 4 feet. Above that, windows will be installed.
10-9-80 -1-
"Application No. 80040 continued
Drainage on the site is generally from southwest to northeast with some spilling
over the driveways to •Humboldt Avenue and 69th Avenue. A new catch basin is to
be installed on the Humboldt side of the parking lot, near the northeast corner,
which will be connected to the storm sewer in Humboldt Avenue North. Straight
B6 curbing will be installed where the two driveways are being removed. Curb
and gutter are to be installed over the openings to the obsolete-dri. to the
rear of the bui l,di ng. k, =- _
7 -
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Lighting proposed by the applicant three lights on the pump island,
one at each driveway and two at the northeast corner of the site. The light
standards proposed direct the light downward rather than the existing lights
which tilt out and spread glare to neighboring properties.
Regarding the Standards for a Special Use Permit (attached) , the applicant has
submitted a letter in which, rather than argue each standard, he has listed the
proposed improvements to the site and leaves to the Commission the judgment of
whether the proposed use has merit.
Staff see no clear violation of any standard by this proposal which offers a
number of definite improvements to the property. Approval is therefore recom-
mended, subject to 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 and utility and landscaping plans are
subject to approval by the City Engineer prior to the
issuance of permits.
3. A performance agreement and supporting financial guarantee
(in an amount to be determined by the City Manager) shall be
submitted to assure completion of approved site improvements
prior to the issuance of permits .
4. All outside trash disposal facilities and/or rooftop
mechanical equipment shall be appropriately screened from
view.
5. The special use permit is issued to Q Petroleum as the operator
of the fadilfty .arid is nontransferable.
6. The special use permit is subject to all applicable codes,
ordinances and regulations including special licensing
requirements and violation thereof shall be grounds for
revocation.
7. Plan approval is exclusive of all signery which is subject to
Chapter 34 of the City Ordinances.
8. The rear wall of the building shall be treated with vertical
board siding, consistent with the treatment on the southeast
wail .
10-9-80 -2-
Application No. 80040 continued
9. The applicant shall stripeand delineate the area between the
pump island as a fire lane and shall post it as a "no parking"
area with signs as approved by the City Engineer.
10. An underground irrigation system shall be installed in all
landscaping areas to facilitate site maintenance.
11 . Plan approval acknowledges continuation of B6 straight curb
where it is . existing and B612 curb and gutter in the area
either side of the building.
12. The plans shall be modified to include a handicapped parking
stall and ramp prior to consideration by the City Council .( ..
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10-9-80 -3-
TELEPHONE(612)927-8821
6500 B ARRIE ROAD, MINNEAPOLIS, MINNESOTA 55435
f
September 26, 1980
Planning Commission and City Council Members
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota 55430
Dear Members:
This letter is to inform you of Q Petroleum's interest in developing the
now vacant gasoline station site on the Southwest corner of 69th Avenue
• North and Humboldt Avenue North. But, before going into detail I feel it
is important that I familiarize you with the type of business we operate.
Q Petroleum is a one owner corporation now beginning it's tenth year of
operation in the State of Minnesota. Our locations currently include
eighteen Twin Cities area stations and three outstate stations operated
by company personnel. We also have six leased locations supplied, for the
most part, with product from us.
` The type of business carried on at these locations is the retail sales of
gasoline and prepackaged convenience food items such as Milk, Bread, Pop,
Beer, Canned Goods, etc. incorporated into a "One Stop" theme, and a ty-
pical'24 hour operation.
We derive our petroleum products through regular monthly product allocations
from several suppliers and refineries throughout the state and grocery pro-
ducts are supplied by local wholesalers.
Our employees are company picked and trained in providing consumers with
friendly and courteous service through an ongoing program supervised by
management personnel not only on the corporate level but more importantly
at the station level. Enough about us.
In addressing the five standards for special use permit it may be a better
idea to give you the overall details of the development than addressing
each point individually and let you make your decision on that basis.
.y
Page (2)
Site Improvement:
1. Remove existing pump islands and replace with one four (4) foot by
sixty (60) foot pump island with 3 dual hose dispensers for Unleaded
Gasoline, 3 dual hose dispensers for Regular Gasoline and 1 dual hose
dispenser for Diesel Gasoline. All dispensers are new electronic type.
2. Remove 4 existing florescent arrpoach lights and replace, on ex-
isting bases, with new high pressure sodium fixtures. These fixtures will
be of a type that minimizes light spread and be directly downcast. See
attached specifications.
3. Redesign and install the Northwesterly driveway on 69th Avenue North
so as to achieve a 90 degree concrete approach. See Site Plan.
I{ 4. Close off and remove existing Asphalt driveways g p r veways on both 69th Avenue
North and Humboldt Avenue North at corner and replace with Sod. See Site
Plan.
5. Close off and remove existing Asphalt driveway in rear of building
and re grade the rear area rea back to existing fence. Install new sod where
regrading has taken place. See Landsacpe Phan.
6. Provide a striped and delineated no parking area directly in front
of building with three (3) metal "No Parking by order of Fire Marshall"
signs on metal poles. See Site Plan.
7. Provide one (1) twelve (12) foot by twenty (20) foot handicapped
parking stall and eighteen (18) ten (10) foct by twenty (20) foot parking
stalls. All stalls to be clearly striped and delineated. See Site Plan.
8. Install catch basin to take care of site drainage and tie into exist-
ing catch basin on Humboldt Avenue North. See Landscape Plan
9. Provide and install underground sprinkler system to service all Land-
scaped areas on property. See Landscape Plan.
10. Install new 6-12 concrete curb and gutter as specified. See Site
Plan.
11. Repair existing and install new Asphalt as necessary. Seal coat all
Asphalt on Site.
Building Improvement: Exterior
1. Extend existing brick treatment as indicated on Building Elevations.
2. Extend board & batten siding to match existing on rear of building as
indicated on Building Elevations.
3. Install new all metal construction mansard roof treatment as indicated
• on Building Elevations.
Page (3)
4. Install Logo Sign in vertical area of mansard roof treatment on
building front. Logo Sign is to be internally lit by florescent lighting.
Building Improvement: Interior
1. Provide one (1) handicapped equiped bathroom accesable from inside
building only.
2. Remodel existing building to the specifications laid out on floor
plan.
We look forward to operating another "Q" Superette at this location and
your consideration on this matter is greatly appreciated.
Sincerely,
Kevin Ganyaw,
Q PETROLEUM CORPORATION
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Planning Commission Information Sheet
' Application No. 80041
Applicant: Brookdale Ford
Location: Shingle Creek Parkway, north of Brookdale Ford
Request: Sign Variance
The applicant requests a variance from Section 34-130:11 of the City's Sign
Ordinance to allow two off-site directional .signs on the future Brookdale Square
site for the purpose of leading southbound traffic on Shingle Creek Parkway to
the Brookdale Ford site. Both sites are zoned C2 and access . to Brookdale Ford
for southbound traffic must be through the Brookdale Square site.
The applicant has submitted a letter (attached) stating his reasons for seeking
the variance and the justification he sees for it. He argues that:
1 . Brookdale Ford and its customers will suffer a hardship if no
off-site directional signs are allowed.
2. The City has imposed a traffic circulation pattern which is
fairly unique for two commercial establishments on separate
parcels of land.
3. The variance will not adversely affect others since Commercial
Partners, Inc. have agreed to the placing of signs on their
1 Property.
Staff generally agree with these comments and would point out that the circumstances .
confronting the applicant - the future closing of the median opening in Shingle r
Creek Parkway adjacent to Brookdale Ford - have not been caused by the property
owner. The present variance request is very similar in nature to the variance
requested by Cinema I, II, III, IV under Application No. 79062. In that case, the
only entrance to the theater property was through another site. In this case,
other entrances are available; however, the route which is most reasonable for
southbound Shingle Creek Parkway traffic is through a different site.
Another issue, should the argument for a variance be accepted, is the number and
location of such signs in view of the ordinance goal of "necessary visual com-
munication. " The applicant requests that two signs be allowed: one at the
intersection with Shingle Creek Parkway and the other at the intersection of the
south entrance drive to Brookdale Square and the main north-south driving lane
on the west side of the site (see attached diagram) . Another location, suggested
by staff, would be at the drive opening leading off to Brookdale Ford. A sign
at one of these locations is probably necessary.
Although the Sign Ordinance allows for larger directional signs, the variance
procedure does allow the Planning Commission and City Council to limit the size
of the signs to whatever is required for necessary visual communication. The
sign at Shingle Creek Parkway is proposed to be 3 sq. ft. and this seems to be
an appropriate size. The size of the second sign, if needed at all , should be
considerably smaller and the applicant has indicated a 4 sq. ft. sign for, this
purpose.
Consistent with the approval of the variance granted under Application Rio. 79062
for the Cinema I, II, III, IV, approval is recommended subject to at least the
following conditions:
10-9-80 -1-
Application No. 80041 continued
1 . The variance is for two off-site directional signs on the Brookdale
Square site. The size of the sign at Shingle Creek Parkway shall
be no greater than 8 sq. ft. The other directional sign shall be
at the location indicated on the submitted site plan and shall be
no larger than 4 sq. ft.
2. The applicant agrees not to erect any other freestanding identi-
fication or directional sign along Shingle Creek Parkway.
•
i
10-9-80 _2_
> .
SRC>OI�C�� . FOR®, INC.
. .,, 2500 County Road 10 Telephone: (612)561-5500
MINNEAPOLIS, MINNESOTA 55430
September 25, 1980
RE: Off-site Sign Variance
Brookdale Ford
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota 55430
Gentlemen:
Brookdale Ford has recently been required to revise its access along
Shingle Creek Parkway. This revision comes about as a result of the
proposed shopping center, restaurant and theater complex on the property
north of Brookdale Ford. Requirements imposed by the Planning Commission
and City Council dictated that Brookdale Ford be provided full directional
access to Shingle Creek Parkway not adjacent to their own property but
through the property being developed by Commercial Partners, Inc.
The nature of ingress/egress across the shopping center property dictates
that additional signs be installed to direct customers to Brookdale Ford.
Attached are sketches of proposed sign locations and style. We respect-
fully request that the variance be granted for the following reasons:
1. The strict interpretation of the present sign ordinance would
not allow the proposed off-site signs and thus would cause a
hardship to Brookdale Ford and it's customers as they seek
access to this automobile dealership.
2. The City has imposed internal traffic circulation patterns
onto the adjacent property and required Brookdale Ford to
revise its ingress/egress to conform to that internal circula-
tion pattern. The result is that Brookdale Ford customers
will enter and exit to and from Shingle Creek Parkway through
property not owned by Brookdale Ford. Such a condition is not
common to the use of commercial property owned by two or more
parties.
3. The granting of this variance certainly will not adversely
affect the public welfare nor be injurious to the improvements
in the neighborhood. Commercial Partners, Inc. are in agree-
ment with the placing of signs on their property for identi-
fication of Brookdale Ford.
City of Brooklyn Center
September 25, 1980
Page 2
We thank you for your consideration and request your prompt approval
of our variance.
Yours very truly,
BROOKDA ORD, IN .
Scott Powell,
Vice President
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-Planning Commission Information Sheet
Application No. 80042
Applicant: Donald C. Scott
Location: 7211 West River Road
Request: Variance
The applicant requests a variance from Section 35-400 of the Zoning Ordinance in
order to subdivide off a lot 92.82 feet in .width from an existing parcel 206.4
feet wide rather than the required 100 feet. The Droperty in question is zoned
R4 and is bounded by West River Road on the east, a 100' wide R4 lot occupied by
a single-family dwelling on the north and by Evergreen Park Apartments on the
west and south. There presently exists a single-family home on the subject
property. The facts of the case are numerous and are laid out below.
Physical Circumstances
1 . The existing lot is roughly 206' x 287' and 57,715 sq. ft. in area .
The applicant wishes to divide the lot into a 92.82' wide lot,
(26,303 sq. ft. in area), for a four-plex and a 113.8' wide lot
(31 ,412 sq. ft. in area) for the existing house.
2. The existing house is set 101 .2' back from West River Road,
approximately 52' from the south side property line; and the
attached double garage is 5 feet south of the proposed lot
line. A blacktop turnaround serving the existing dwelling would
encroach approximately 12 feet into the new lot. Overhead wires
to the house cross the new lot.
3. A second garage to the rear of the house straddles the proposed
property line and will be razed.
4. The lot to the north is 100' wide, the ordinance requirement for
lots in the R4 zone.
Historical Circumstances
1 . The existing lot has a metes and bounds legal description as
part of Auditor's Subdivision No. 309. The house was built in
1949 and the garage in 1968-69.
2. The land in question was zoned R4 in 1972 as the last in a
number of rezonings of land in that vicinity to R4. The
property owner at the time did not initiate, but did acquiesce
in, the rezoning.
3. The Minnesota Department of Transportation has for many years
been studying the upgrading of West River Road and the expan-
sion of the right-of-way is likely to be to the west of the
existing roadway. The property in question, therefore, is
very likely to be purchased someday for highway purposes.
i
4. The applicant wishes to pur a four-plex on the newly created
lot.
10-9-80 -1-
Application No: 80042 continued
Zoning Considerations
• 1 . The house at 7211 West River Road is a nonconforming use in the
R4 zone. The house may undergo alterations or additions in spite
of this status as provided by Section 35-111 :3.
2. The permitted uses in the R4 zone include multiple-family dwellings
of one and one-half to two stories in height and, among other things,
R3 uses, provided such uses adhere to the district requirements of
the R3 district.
3. The maximum allowable density of the proposed property under R4
district requirements is six (6) units. The maximum allowable
.. density under R3 district requirements is five (5) units, with
tuck-under garage credit six (6) units.
The applicant has submitted a letter (attached) in which he argues that the variance
is justified because:
a. The house was built before the R4 zoning applied to the property.
The property is too large for a single-family use.
b. Although the existing garage prevents the creation of a 100'
lot, the density requirement for a four-plex is met.
c. The present circumstances was not created by persons who had
knowledge of the future R4 district requirements when they
• established those conditions.
d. The proposed structure will have the required setbacks and a
turnaround in the driveway.
-The essential question before the Planning Commission is whether the applicant is
entitled to a variance from the lot width requirement of the Zoning Ordinance in
platting a new lot because of the location of a structure on the property which
was built before the current standards were applicable.
We are unable to find any precedent of a variance granted on lot size since the
adoption of the current Zoning Ordinance (1968) in which the circumstances re-
quiring the variance are related to structures rather than to land boundaries
(the latter was the circumstance with David Larson (Application No. 80003).
Furthermore, it is staff's opinion that the Standards for a Variance are not all
met in this particular case.
Regarding the Standards for Variances (attached) we would offer the following
comments: _;
1 . While there are circumstances which make it impossible, without
the granting of a variance, to make use of the property in some
ways permitted by the current zoning, there are uses (townhouses)
which can be placed on the available property without violating
r ordinance standards. Moreover, almost the same number of units
can be built in an R3 development as in an R4 development.
10-9-80 -2-
Application No. 80042 continued
2. The conditions upon which the application is based are not
especially unique. There are a number of parcels in the City
(along Brooklyn Boulevard and in the Southwest Neighborhood)
which are zoned R4 or R5 and are presently occupied by a single
family residence. Some of these lots are large and some are
quite small . There is nothing about the particular size of this
lot or the placement of structures thereon that makes it unique
from a zoning ..standpoint.
3. The alleged. hardship is related to the requirements of the ordinance
and has not been created knowingly by those presently or formerly
having an interest in the parcel . Although the rezoning action
that established the R4 zoning was initiated by the City, the
property owner was aware and did not object. Also, however,
there is no ultimate hardship since other uses can be pursued.
4. Obviously, an R4 use would not be detrimental to surrounding
property since that is the zoning applied to the property.
However, the granting of a lot width variance which is not
necessary to preserve a substantial property right of the
petitioner would tend to undermine the requirements of the
Zoning Ordinance which protect all properties.
Based on these considerations, denial of the application is recommended on the
grounds that the Standards for a Variance are not all met.
A
t
10-9-80 -3-
a
September 24,1980
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center,minnesota
Gentlemen;
Relating to request for variance for Lot
Frontage for four unit building at 7.221 W River Rd.
We would like to make the following statements:
a.We now have a small (920 sq.ft.) home on a huge 56,700 sq.ft. lot.
Built in 1949,when the area was fjelds and gardens,prior to R -4 zoning.
Home presently lends itself only to a small family or older couple
who cant take care of the extra lot resulting in neglect,or won't purchase
it because of too much land.
b.The attached double garage (stucco with stone facing) keeps the surveyor
from separating a 100 foot frontage lot,although the other requirements
for a 4 unit (14,400 Sq.Ft.) are exceeded. We have 26,303 sq.ft.as surveyed.
c.Neither the persons now in title,Robert and Linda Ryan,who have owned it for
four years,nor the builders and former owners for 27 years,created the
hardships,becasse the home was built prior to present zoning. They were
not aware that the area would be surrounded by apartments,multiple units,
and townhouses.
d.When the variance is granted,the resulting four unit will have the required
setbacks,front and sides,with 2 double garages,a turnaround,will keep the
tall trees,and be the highest and best use of the land.
Res ctfull ub d,
&.511cyott,Agent for the owners
Section 35-2140. VARIANCES
2. Standards felt Variances
The Board of Adjustments and Appeals may recommend and the
City Council may grant variances from the literal provisions of
this ordinance inilinstances 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, ';ior 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
person8: presently or formerly having an interest
in the !Marcel of land.
(d) " The granting of the variance will not be detri-
mental ,to the public welfare or injurious to
other Lund or improvements in the neighborhood
in which the parcel of land is located.
M
3. Conditions and Restrictions
The Board of: and Appeals may recommend and the
City Council mayimpose conditions and restrictions in the grant-
ing of varia.nces ''so as to insure compliance with the provisions
of this ordinance and with the spirit and intent of the Compre-
hensive Plan and '1to protect adjacent properties.
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Planning Commission Information Sheet
Application No. 80043
Applicant: Jesse :Sandoval
Location: 5548 Logan Avenue North
Request: Home Occupation Special Use Permit
The applicant requests special use permit approval to conduct a saw sharpening
business in the basement of his home at 5548 Logan Avenue North. The property
is zoned RI and is surrounded by other single-family homes.
The applicant has submitted a letter (attached) describing the proposed home
occupation. In it, he states that the operation will be conducted in the corner
of his basement during the evening and on weekends; that he will carry no inventory;
that fire extinguishers are nearby for emergency; and that adequate driveway space
exists to accommodate customer traffic. He also states that his neighbors greet
his new service positively. .
The building official has inspected the premises and reports that access from the
machine area is direct to the outside. Sound produced by filing or sharpening
was not audible outside the dwelling. The Building Official confirmed the
presence of two fire extinguishers. He has recommended that the machine area
be screened off from the recreation room with either a curtain or a door.
Staff can find no violation of the standards for special home occupations (see
Section 35-900 attached) and approval of the permit is therefore recommended,
subject to the following conditions:
1 . The permit is issued to the applicant as operator and is
nontransferable.
2. The permit is subject to all applicable codes, ordinances,
and regulations; and violation thereof shall be grounds
for revocation.
3. All parking associated with the home occupation shall be
off-street on improved space provided by the applicant.
4. A chemical type fire exting isher shall be mounted on the
wall in the immediate area of the machi a operation.
off, 09-A-e I-& G� � �� cg
A public heap ring *a been •scheduled and notices have been seat.
10-9-80
•
44 September 26, 1980
Mr. Ron Warren
Brooklyn Center City Hall
Brooklyn Center, MN.
Dear Sir,
I hereby ask for a special permit, for the operation of a home,
one-man operation saw filing and carbide tip grinding, and
sharpening service, here at 5548 Logan Avenue North.
The hours of service is part-time; one or two hours evenings and
weekends. This will be done in the basement part in one corner
where once stood an oil tank - I now have the space, and my equip-
ment installed.
I will not carry any inventory, but the handling of customers own
blade or saws; It will be a pick-up and delivery; I have an
adequate driveway and two-car garage; it will not be a hinder-
ance to my neighbors ; I believe it meets with all of your standards.
I have discussed this with my neighbors and have received from
them favorable comments; they need my service.
There is no flammable material with my service - but for safety,
I have extinguishers provided nearby.
I remain sincerely,
Jesse Sandoval
4ection 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 accessory buildin7- 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 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 said license is on file with the City) ; and the like.
Home Occupation, Special - Any gainful occupation or profession, approved
by sp ecial 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
-on 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,
and in which lodging is 'commonly offered with or without meals for periods of less
than a week.
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