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HomeMy WebLinkAbout1980 06-26 PCP i PLANNING COMMISSION AGENDA ' STUDY SESSION June 26b 1980 1. Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes: June 12, 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. 5. Osseo-Brooklyn Bus Company 80008 Request for site and building plan and special use permit approval to construct a 120' x 212' school bus garage at 4455 - 68th Avenue North. This application was tabled by the Planning Commission at its June 12, 1980 meeting. 6. John Maertens 80019 Request for a Variance from Section 35-400 of the City's Zoning Ordinance to allow addition to house at 6417. Colfax Avenue North which is nonconforming as to rear yard setback. 7. Other Business 8. Discussion Items a) Self-service Car Wash in Brooklyn Park ' 9. Adjournment Planning Commission Information Sheet Application No. 80008 Applicant: Osseo-Brooklyn Bus Company Location: 4455 - 68th Avenue North Request: . Site and Building Plan and Special Use Permit Approval This application, for approval of a school bus garage at 4455 - 68th Avenue North, was tabled by the Planning Commission at its June 12, 1980 meeting until plans are submitted which conform to various revisions either requested by the Commission or suggested by the applicant. Those revisions have been accomplished and include the following 1 . Realignment of the entrance drive opening onto 68th to the west so as to provide a 50' separation as required by City ordinance. 2. Elimination of the parking area to the north and the driving lane to the west of the proposed bus garage. 3. The finished floor elevation has been lowered from 864' to 862' as suggested by the Superintendent of Engineering. 4. The area to the west of the proposed bus garage will be contoured in a manner designed to convey drainage from this site and the NSP site to the west into a ditch within the Interstate 94 right- of-way. 5. Landscaping revisions have not yet been received. However, they will be available for review by the Planning Commission at Thursday's meeting. The owner- has decided--on-canopies over the south windows rather than a mansard .treatment. Inasmuch as the plans seem to be in order and have been revised in accordance with Planning Commission requests, approval is recommended subject to at least the following conditions: 1 . The permit is subject to all applicable. codes, ordinances and regulations and violation thereof.shail be grounds for revocation. 2. The permit is issued to the applicant as operator of the facility and is nontransferable. 3. Building plans are subject to review and approval by the Building Official prior to the issuance of permits. 4. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer prior to the issuance of permits. 5. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 6. .6612 curb and gutter shall be pr,Qvided around all parking and driving areas.0-, 6-26-80 Application No. 80008 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. The entire building is to be equipped with an automatic fire extinguishing system to meet NFPA Standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 9. An underground irrigation system shall be installed in all landscaped areas to facilitate site .maintenance. 10. Any outside trash disposal facilities or rooftop mechanical equipment shall be appropriately screened from view. 11 . Landscaping improvements for the north portion of the site may be deferred for a period not to exceed 3 years from the issuance of the building permit. If no development occurs by that time, the property shall be fully landscaped in accordance with a landscape plan approved by the City. The financial guarantee shall 'not be released in its entirety until this condition has been satisfied. 12. Installation of fuel tanks shall be subject to review and approval by the State Fire Marshall . 13, 6-26-80 -2- I Planning Commission Information Sheet Application No. 80008 Applicant: Osseo-Brooklyn Bus Company Location: 4455-68th Avenue North Request: Site and Building Plan and Special Use Permit Approval The applicant seeks site and building plan approval and a. special use permit to construct a 120' x 212 ' 'school bus garage at 4455-68th Avenue North. The property is bounded by Iten Chevrolet on the east, by Interstate 94 on the south, by NSP on the west, and by the U. S. Post Office across 68th Avenue North on the north. The building is designed to house roughly 50 buses, will have a wash facility, a drivers room reatmoms, and an office. T property is zoned C 2 an a sc ool bus garage is a s ecial Use in that zone un e -are- (Copy attached) . The amend- ment requires all stora 'nor servicin and re air conduc a wholly within an enclosed building. The site cannot abut any property even-at a street line. The proposed site plan places the building toward the south end of the property with parking areas both to the north and south of the building. Sixty-seven (67) parking stalls are shown on the plan and are to be installed at the time of construction. A large area cover- ing the north half of the site is not scheduled for any development at this time and could easily accommodate the additional parking spaces required for proof-of-parking (67 + 109 = 176 total required) . The proposed building meets all setback requirements. However, a 30' wide driveway, 5' from the east property line and connecting the activity area to 68th Avenue North does not meet the 50 ' separation requirement for curb cuts in commercial zones.. It is recommended that the applicant modify this and other aspeqts of the plan prior ) to consideration by the City Council. ".. 6.Vl 8a / The exterior of the building will be concrete block with eight 20' wide overhead doors and three 12 ' wide overhead doors on the north side of the building. Six flood lights are indicated on the roof of the building and one on the gas pump island located north of the building at the entrance to the driveway. The fuel tanks are subject to the approval of the State Fire Marshal. Proposed landscaping for the site is minimal, amounting to five 2V Red Maples and four 3h' high Dogwoods, all located between the build- ing and the highway right-of-way. Staff have recommended that sod, rather than seed, be indicated in all areas to be improved under this project and that additional trees be planted immediately to the north of the paved area and in other locations. An underground irrigation system is required in all landscaped areas in commercial and indus- trial districts. Landscaping of the north portion of the site should be deferred no more than 3 years from the issuance of building permits, and an appropriate amount of the financial guarantee shall be re- tained until this deferred landscaping is completed or an additional building is constructed. Most of the improved area of the site is proposed to drain toward four catch basins located along the west edge of a 24' driveway to 6-12-80 -1- ` Application No. 80008 the west of the building. From there, runoff will be conveyed to the freeway right-of-way swail via an 18" storm sewer line. As will be discussed with the NSP application, drainage at the southwest corner of this property and the southeast corner of the NSP site will be considerable and should be comprehended under a common drainage easement with the consent of MN/DOT. There is also some question at this time whether it is necessary to set the finished floor elevation at 864.5' which is 2 ' higher than most of the park- ing lot areas. Regarding the standards for special use permits (attached) , the pro- posed use does not seem to pose undue problems for surrounding proper- ties or public thoroughfares if the site plan modifications recommend- ed are accomplished. The use also meets a public need - that of providing transportation of students to public schools. Finally, the proposed site plan, with certain modifications, does meet the Ordinance requirements for the C-2 district and for school bus garages in particular. Subject to the applicant agreeing to certain plan modifications, approval of the site and building plan and the special use permit is recommended subject to at least the following conditions: 1. The permit is subject to all applicable codes, ordinances and regulations and violation thereof shall be grounds for revocation. 2. The permit is issued to the -applicant as operator. of the facility and is nontransferable. 3. Building plans are subject to review ,and approval by the Building Official prior to the issuance of permits. 4. Grading, drainage, utility and berming plans are sub- ject to review and approval by the City Engineer prior to the issuance of permits. S. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improve- ments. 6. B612 curb and gutter shall be provided around all parking and driving areas. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. The entire building is to be equipped with an automatic fire extinguishing system to meet NFPA Standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 9. An underground irrigation system shall be installed . in all -landscaped areas to facilitate site maintenance. 6-12-80 -2- ` Application No. 80008 10. Any outside trash disposal facilities or rooftop mechanical equipment shall be appropriately screened from view. 11. The plans shall be modified to indicate: a. Moving the entrance drive westward to provide 50 ' separation from property to east. b. Addition of plantings and sod around developed areas. c. A common drainage easement with NSP at the southwest corner of the property with consent of MN/DOT. 12. .Landscaping improvements for the north portion of the site may be deferred for a period not to exceed 3 years from the issuance of the building permit. If no development occurs by that time, the property shall be fully landscaped in accord- ance with a landscape plan approved by the City. The financial guarantee shall not be released in its entirety until this condition has been satisfied. - I -6-12-80 -3- 2. Standards for Soccial Use Pcrmits 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 public 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. - f (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. i r (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 appli- cable regulations-of the district in which it is located-. 3. Conditions and Restrictions The Planning Commission may recommend and the City Council may impose i such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the pro- • tection 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. 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 j time. i S.• Revocation and Extension of Special Use Permits When a special use permit has been issued pursuant.to the provisions 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 subject 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 S1S.00. . ef a 70TH I` a --- i WILLOW LANE.PARK i 7 150 1� t.STH AV£ U.S. s i POST ' OFFICE ►— - - - OFFICE WAT E R z < , �p L► TOWER . AVE 0` K �� "sy� ':� 1 C 2 " 4. J 1 co tj _ v O - G7'7H aVE M. 94 '- 1 t v APPLICATION NO. CL Cc) wIKCkEST ( P. LaHf LEI AVE. Fl. 6S TH AYE J a ¢ L I� •.\1 La PARK/ ELEA OR LnNC N. — 6s117 A'. :: Planning Commission Information Sheet Application No. 80019 Applicant: John E. Maertens Location: 6417 Colfax Avenue North Request: Variance. The applicant seeks a variance from Section 35-400 to allow construction of an . addition to the house located at 6417 Colfax Avenue North which has a substandard rear yard area. The existing house and garage were built on a 110' wide lot which extended from Colfax to Dupont Avenues and faced Colfax. This lot was subdivided in 1969 establishing a rear lot line not quite parallel to the house and garage and established a rear yard area of 3602 sq. ft. Section 35-400 footnote 9 provides that "Interior residential lots shall have a minimum rear yard area of 30% of the total lot area, exclusive of permitted accessory strucures." Since the area of the lot (approximately 11 x 158) is 17,517 sq. ft., the minimum re- quired rear yard area equals 5,255 sq. ft. The deficiency is therefore 1 ,653 sq. ft. or 31%. The proposed addition to the house is 24' x 26' and would continue f along the existing building line at a slight angle to the rear lot line resulting in .a setback of 28.5' at the closest point (the rear yard setback is 251). The applicant has submitted a letter (attached) requesting the variance. The letter deals with the (setback issue rather than area) and does not address the Standards for a Variance. The central issue presented by this application is whether a variance should be granted to allow the expansion of a structure which is nonconforming as to rear yard area. Typically, the Planning Commission and City Council have allowed the expansion of nonconforming structures (not uses) provided any new construction meets exist- ing setback requirements. The procedure for allowing these expansions has been through the variance procedure. Both the Planning Commission and City Council have distinguished between a structural nonconformity and a use nonconformity. .Nonconforming structures have been allowed to expand, use nonconformity has not. While the proposed addition meets the setback requirement for rear yards, it continues a building line which fails to establish the required 30% rear yard area. Continuation of that building line, therefore, expands a nonconforming structure without changing the rear yard area already established. The request may also be construed basically as an expansion into the side yard which meets setback requirements. There is some difficulty in determining the area of rear yards for the purpose of applying Section 35-400 footnote 9 to the placement of structures or additions to structures on residential lots. A further complicating factor is that the existing lot was created after the house was built. That action established a substandard rear yard setback (then 40' ) with the approval and the acknowledge- ment of the City Council . (see minutes attached). In 1976, the rear yard setback requirement was changed to 25' from 40' . However, a 30% rear yard area requirement was added. So, the rear yard has been sub- standard under both the old and new ordinance requirements since 1969. One reason that the City Council accepted the substandard rear yard was so that the new lot created to the west would -be 110' deep (the ordinance minimum) rather that the substandard 105' proposed initially by the owner. In light of this approval , it seems unreasonable to now require a greater setback of the addition to achieve a larger rear yard area. 6-26-80 -1- Application No. 80019 The Standards for a Variance (attached) generally seem to be met based on the following: a) A hardship would likely result if the addition to the house were made to the front where ample setback area exists. b) The conditions upon which the application for variance is based are unique because of the placement of the house on- the lot and the previous history of the parcel . c) The alleged hardship is related to the requirements of the ordinance. While the substandard condition resulted from a subdivision sought by the applicant, this result was approved and even increased by the City Council . They must, therefore, accept some responsibility for the existing situation. d) The granting of the variance will not be any more detrimental. to the public welfare or injurious to other property in the neighborhood than the previous variance relating to this property. We feel the judgment of the City Council in that case was proper and comprehends the proposed addition. Based on the above reasoning, approval of the variance is recommended. A public hearing has been scheduled and notices have been sent. F 6-26-80 -2- Section 35-240 (cont'd) ` 2, Standards for Variances The Board of Adjustments and Appeals may recommend and the City Council may grant variances from the literal provisions of this ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique and distinctive to the individual property under con- sideration. 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 qualifications are met: (a) Because of the particular physical surroundings, shape, or topo- graphical conditions of the specific parcels of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. (b) The conditions upon which the application for a variance is based are unique to the parcel of land for which the variance is sought, and are not common, generally, .to other property within the same zoning classification. (c) The alleged hardship is related to the requirements of this ordinance and has not been created by any persons presently or formerly having an interest in the parcel of land. (d) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. 3. Conditions and Restrictions The Board of Adjustments and appeals may recommend and the City Council may impose conditions and restrictions in the granting of variances so as to insure compliance with the provisions of this ordinance and with the spirit and intent of the Comprehensive Plan and to protect adjacent properties. f Section 35-400 (continued) (6) Except as otherwise provided, accessory: buildings shall be permitted to be constructed to within five (5) feet of .the rear property line. (7) Lot width shall ,be a function of the width of the townhouse unit. Where a townhouse unit abuts any other use, the interior side yard setback shall be a minimum of 10 feet. (8) The following shall not be considered as encroachments on yard betback requirements. (a) In any yards: Offstreet open parking spaces; terraces; awnings; canopies; steps not exceeding 10% of the -area of the yard; chimneys, flagpoles; air conditioner condensers; fences, hedges, or walls provided they shall not exceed four feet in height in front, side or rear yards abutting streets and provided they ao not impede vision within the sight triangle described in Section 35-560. (b) In rear yards: Recreational and laundry drying equipment; arbors and trellises; balconies limited to 15% of the yard area; breezeways, open porches; detached outdoor living rooms (patios) . (9) Interior residential lots shall have a minimum rear yard area of 30 of the total lot area, exclusive of nermitted accessory structures. (1n) ePthacks-along najor thoroughfares as designated in Section 35-900 shall . in all cases be at least 50 feet, measured from the street rignz-or-way line, except for accessory structures in rear yards or where the property abuts a marginal access street or where the property abuts a noise wall or noise berm constructed by MN/DOT, or where the City.Council finds that excess right-of-way mitigates the effects of traffic, noise, dust and fumes. In such cases the setback requirements shall be as contained in the Table of Piinimum District Requirements. j June 25, 1969 Mr. John Maertens 6417 Colfax Avenue North Brooklyn Center, Minnesota Dear Sir: This letter is to inform you, in writing, of the action taken on Application No. 69031. Following is an excerpt from the minutes of the City Council meeting of June 16th. "The Council next considered Application No. 69031 sub- mitted by John Maertens requesting permission to divide and sell part of his lot, 6417 Colfax Avenue North, in such a manner that his rear yard setback and the average depth of the new lot will be less than those minimums required by the City Ordinances. Motion by Theodore Willard and seconded by John Leary to approve that part of Application No. 69031 requesting a variance from Section 15-104 of the Ordinances which requires subngission of a preliminary plat when subdividing property, and that part of Application No. 69031 requesting a variance from Section 35-400 of the Ordinances which requires a 40 foot rear yard building setback, provided .that: 1. the newly created �.ot shall not be dimensionally substandard from Ordinance requirements; 2. the existing shed and the stub attached to the rear of 6417 Colfax Avenue North will be razed prior to the sale of the new lot. Voting in favor were: Philip Cohen, John Leary, Earl Rydberg, Howard Heck, and Theodore Willard. Voting against were none. Motion carried unanimously." Respectfully, Robert L. 8aarman Planning Commission Secretary RLH:cg June 10th, 1980 City of Brooklyn Center City Council 6301 Shingle Creek Pkwy To Whom it may concern; • We are writing to request a variance on our back property line in order to construct an addition to our home at 6417 Colfax Avenue North. The addition would be added to the south side of our house and would add some much needed living space to our home. We purchased this property in 1967. The house was built in 1915 and stands further back from the street than the ! newer homes in this neighborhood. In 1969 we requested and re- ceive d a variance on the back line when the lot was subdivided. The addition we are planning would be about three feet closer to the back line than the variance allows for. This is because the P roperty line slants instead of running parallel with the street and the house. There is no problem with the south side line as our property is wide enough to allow for the addition. John and Jennifer Maertens �; • • • I I IMMI W. mm �.- 0m 0m �� ■� �� _� Tim s i .. -� .� �� �� �� •ter �� ��� , mm MI�IM IM IM IMIM IM IMMI r►�/ IMMI IMMI IMMI ii IMMI IMIM IMMI M IMIM IMMI IMMI IMMI IMMI M� �� �� IMMI �_ m / MIM mm MIM! IM MIMM� iM� �... IMIM ®MM:: M: :� :: i � s. IM::. . EARL BROWN � IMMI IMMI I r MOWN r . NOTICE OF CONDITIONAL. USE PERMIT HEARING BY PLANNING COMMISSION City of Brooklyn Park TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Brooklyn Park will meet at the City Offices, 5800 85th Avenue North at 8: 00 P.M. , Wednesday, July 2 , 1980 , to consider the issuance of a Conditional Use Permit for self service car wash on property located at 73rd Avenue & West of Shingle Creek, legally described as : That part of the Southwest Quarter of the Northeast Quarter of Section 28 , Township 119 , Range 21 , Hennepin County, Minnesota, lying southwesterly of the Golden Fox Addition, lying southeasterly of the southeasterly right-of-way line of 73rd Avenue North and lying northeasterly of a line * described as follows: Commencing at the southwest corner of said Southwest Quarter of the Northeast Quarter; thence northerly, along the west line of said Southwest Quarter of Northeast Quarter, to the southeasterly right-of-way line of 73rd Avenue North; thence northeasterly, along said right-of-way line, 184 feet to the point of beginning; thence •southeasterly to a point in -the south line of said Southwest Quarter of Northeast Quarter , said point 265 feet easterly of the southwest corner of said Southwest Quarter of Northeast Quarter and there terminating. Such persons as desire to be heard with reference to the proposal will be heard at this meeting. This notice is given pursuant to the Zoning Ordinance of the City of Brooklyn Park on the petition of Brooklyn Park Self Service Car Wash Inc. Thomas A.Gedde, Chairman BROOKLYN PARK PLANNING COMMISSION Exhibits and further information can be reviewed at the Planning Department in City Hall. (Published in the Brooklyn Park Post on 6/19/80. ) 7.� tits / ..• :,�. (,d ��. J 17`).,`}I ^�'a i�"fir e'er! .sal ss•i l� s !._.�ST l�T C;aa .ylt.,•s `�,r. 4 .,^ a. � �� ! ., � � 1 'f;, is ,` •1. SJ F •r. �' . -'1,__.. /�. (log £ ♦ \ � t �`��,J .� ' fn •i•t�,l�l;.,• :,, i�`� �. 1��'... �`d/� � ♦. �O�_ s.... 1i s,,-� i5 :.-t a , s ,•jri ssrT77 1 ai , t �1,` 1:�3 `y ni •� •, r .f•-+'t '�.. \ L•• to ,`' -(,�Ii• (-� I L,, �.°, �� ,.`^ .•. -:: `r' 0 ,. ;F t1j 0 J4 PC L, WU ',`` •l .ww ..•• � > :r-ns rl.r. �./F tf• �.s .a Sa r� ;Il h� •fib �•r' ary E ; �' <<t tt•t GOLDE FOX L' ♦,� .;��+ I G,t7 c't"i f.cl:j 'tom �I :��� t•s i t.�e v ' ka 1 , • , -,• BROOKLYN PARK SELF SERVICE CAR WASH ��_• C.U.P. #1980-3184 for self serv. < {!) car wash at 73rd Ave. & SW of Shingle !as Creek.