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HomeMy WebLinkAbout1980 01-10 PCP •fit ' PLANNING COMMISSION AGENDA REGULAR SESSION, JANUARY 10, 1980 . . 1. Call to Order: 1979 Planning Commission: 7:30 p.m. 2. Roll Call, 1979 Planning Commission 3. Approval of Minutes: December 13, 1979, December 10, 1979 ea, log t99y' 4. Adjourn 1979 Planning Commission A 5. Administer Oath of Office 6. Call to Order 1980 Planning Commission 7. Roll Call, 1980 Planning Commission 8. Election of 1980 Planning Commission Chairman :e 9. Election of Chairman Pro Tem 10. 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. 11. DeWitt Enterprises 80001 Preliminary Plat approval to create eight townhouse lots and one common area on the property immediately south of the Humboldt Courts Apartments. 12. Edwin _Kauffmann/Village-Builders 80002 Preliminary Plat approval to create eight townhouse lots and one common -area on the property located at the southeast corner of 58th Avenue and Logan Avenue North. 13. David Larson 80003 Preliminary Plat and Variance approval to divide the lot at 1313-57th Avenue North into two lots, with a corner lot 86' in width rather than the required 901 . 14. William Norenberg 80004 Special Use Permit approval for a home occupation to build cabinets -in the applicant's garage. 15. Brutger Companies, Inc. 80005 Site and Building Plan and Special Use Permit approval to construct a 104 unit hotel at the southwest corner of Freeway Boulevard and James Circle. 16. Motion on the 1980 Comprehensive Plan 17. Discussion Items a. Ordinance Amendment pertaining to resident managers, in hotels/motels A � s b. 1980 Planning Commission meeting schedule. c. Designate Commission liaison to Neighborhood Advisory Group. 18. other Business 19. Adjournment e. w 3 t k Planning Commission Information Sheet Application No. 80001 Applicant: DeWitt Enterprises Location: South of 6801 Humboldt Avenue North Request: Preliminary Plat The applicant seeks preliminary plat approval to subdivide a tract of land into nine lots to be known as Humboldt Square Estates. The proposed subdivision is located west of Humboldt Avenue North across from the Humboldt Square Shopping Center, south of the Humboldt Courts Apartments, east of the Spec. 7 Industrial Building, and north of the Bardel Apartments. The total area of the nine lots is 39,307 sq. ft., the .overall dimensions being roughly 131 ' x 299' . The easterly 30 feet of the existing tract is to be formally dedicated to the City for right-of-way purposes. The eight individual lots will serve the eight townhouse units with Lot 9 being the common driving and lawn area. A 10' wide sidewalk easement crosses the east end of the property from north to south. Drainage on the site is generally from east to west toward low areas at the northwest and southwest corners of the property. The common area will be designated in the Homeowners Association documents as a drainage area. The individual townhouse lots are 30 feet from the north property line and 5 feet from the south property line (allowing for 5 feet of private lawn area). No structure will extend within 10 feet of the south property line. A private drive along the north side of the site will provide access to the individual tots. The plat is generally in order and the City Engineer will be prepared to comment further. Approval is recommended subject to at least the following conditions: 1 . Final plat approval is subject to review and approval by the City Engineer. 2. Final plat approval is subject to the provisions of Chapter 15 of the City Ordinances. 3. The Homeowners Association Agreement and bylaws are subject to review and approval by the City Attorney prior to final plat approval . 4. The final plat shall indicate the dedication of the easterly 30 . feet 'for right-of-way purposes. 1-10-80 Z r}A` 72 NO N AVE. a A 41 � Q • N Z V AVE N Z w w > a > Z EVERGREEN Z Z W 0 Oak SCHOOL ►- ` Z _ __q W J 70 TM AVE tv. z < 70 TH — AV t. O lt�j I. CITY — Z MAINTENANCE IRVIN' G LANE' R5-- - EMERS AN ANNEX 4" T C2 C2 R o� 4 WATER TOWER AVE COUNTY ROAD NO. 130 R5 C2 > 800,0, C Z APPLICATION NO. -W09 z R5 Y R5 67 T.W I1 s� AV _ x z BROOKLYN CENTER a HIGH SCHOOL a a Y R5 FIREHOUSE a PAR -a, FIRE sTA. FREEWAY BLVD. 6 AVE FT� CFT co of r r ; 11 C2 o V N. .\ i lei I lol� Planning Commission Information Sheet Application No. 80002 Applicant: Edwin Kauffmann/Village Builders Location: 58th Avenue North and Logan Avenue North Request: Preliminary Plat The applicant requests preliminary plat approval to create nine lots on a tract of land roughly 1321x 295' located at the southeast_corner, of 58th and Logan Avenues North. The proposed legal description, Lots 1 through 9, Block 1 , Northbrook Estates Addition, provides for eight individual lots for the town-' houses approved under Application No. 79056, and one lot as common area. The total area of the subdivision is 39,052 square feet. The proposed individual interior lots are each 34' x 98' and the two end lots are 29' x 98' . The property is zoned R-3 which permits townhouses and requires no minimum lot width. As was reviewed under the site and building pian approval, each individual unit will have its own sewer connection in the street. Water lines for each two-unit structure will be combined near the property line for a single connection in the street. The site is fairly level with a slight tendency to drain to the north and south away from the single-family homes to the east. The common area will be 'designated in the Homeowners Association documents as a drainage area. The plat seems to be in order and approval is recommended subject to at least the following conditions: r: 1. Final plat approval is subject to review and approval by the City Engineer. 2. Final plat approval is subject to the requirements of Chapter 15 _.of the City Ordinances. 3. The Homeowners Association Agreement and bylaws are subject to review and approval by the City Attorney prior to final plat approval . 1-10-80 ®• ■■I ' ■®" �i ®® ME - M- ®r IN EARL•, :. s - • ■ -• • • 10 - viii / o • NEW , M ■ .rte" ■ �� MMEN r ii _: ■ms i i .. ■�i MINE ® /►/ Em IM IN ®® �' � !■ MINE MEN MINE MINE IN IN ►_�i r MINE ■■ MEN r■ ■■ IN Imm MEN ON l-5- ■ NO MINE ■■ ®■ IN wom MEN mom MEN MEN NO -- �- �� ■ r■ ■m MINE ON ErSEEN �■r■ MINE■ �■ .r 01 a MINE ED �■ MINE ■ MINE NE MEN �� ••r �•• ®� ■ r„ MINE r■ MINE■ M■ MINE ■r ■ NNEW OEM ME ®, S�', ♦ o 0o mm oo ■ MINE. ■� -! ■, MINE ■ EN MINE IM� �■ � ' ►�', �,, ® MINE MINE �■ ■m a■ o.. ■ t' r�►�, '�'� � ♦ ® MINE■ ire ■i■ ■■� ■. ...� .�..®; ■■ ono �o� �� MINE r■ o o -ME EMI■ ■■ MINE ■ r� MINE ■■ ■■ ■ ■ a■� o0 0�0� MINE MINE■ ■ o r■ MEl INS - MEN _ _____ �...•. MEN_ _ an■ s MINE■■ ■® � r= . ■. . . _. .. M�i®mss■ a�I/ �_ � ■ �i�■ ■��r ■� ■� ■�® �■� �ON IN IN OEM ME= NO m HIM m ■® ■® o0 0�® of ■■ ■ NEW r■ MINE ■® L: ■� M� r- o -= i i ■ ■r MINE . ■E m ■■ _■ - MINE SEEN m ' -:MIt -® �i■�i ! MINE i■ low = o n o MINE ■® MINE oo ■�s�o��� w o W MINE MINE . Planning Commission Information Sheet Application No. 80003 Applicant: David Larson Location: 57th and Girard Avenue North Request: Preliminary Plat and Variance The applicant seeks preliminary plat approval to subdivide a tract of land 160' x130' located at the southeast corner of 57th Avenue North and Girard Avenue North. The property is surrounded by single-family homes in all directions and no change in the zoning classification is sought by the applicant. The proposed plat creates two lots, an interior lot 75' x 130' which meets all ordinance requirements, and a corner lot roughly 85' x 130' which is substandard as to width by 5 feet. (The applicant has applied for a variance to allow the sub- standard lot. Issues regarding that variance will be treated separately.) Both lots are served by a 14' wide alley along the east property line. The total site is presently occupied by a house, two garages, and a stone fire- place. The'house is located on the proposed Lot l and meets all setback require- ments. One garage and the stone fireplace are located properly within required setbacks on Lot 2; the other garage straddles the proposed property line dividing the two lots and must be relocated onto Lot 1 and meet setbacks (the applicant has agreed to this condition). The site generally drains toward the southeast corner of Lot 2 and the Superin- tendent of Engineering is somewhat concerned with how this low spot will be drained. There is also a 5' wide power line easement along the north side of Lot l which is not shown on the plat. City water and sewer are available in Girard Avenue for Lot 2. As indicated previously, the applicant seeks a variance from Section 15-106, g (ff) of the Subdivision Ordinance to allow the creation of a corner lot (Lot 1 , Block 1 , Larson Addition) which is substandard with respect to lot width, but which meets other ordinance requirements for depth and area. . ...The applicant has submitted no letter explaining the grounds for the variance, _�.. but his argument is fairly simple: `` namely, if the variance is not granted, the applicant will be denied the reasonable use of his property. Whether this argument is valid amounts to a judgment on the part of the Planning Commission and City Council since the property is already being used for a single-family residence. If the Commission deems the lot split to be a "reasonable" use of the property, it should make this fact clear in light of the variance standards. The Commission's determination of what makes this variance reasonable to grant will in essence establish a precedent which should be narrowly, not broadly, construed when considering other variances in the future. Prior to 1976, the City granted a number of variances for houses to be built on substandard lots, using a "70% rule" to evaluate the extent of the variance. The cases, however, involved pre-established lots where a property right could already be said to exist. Whether a property right already exists in this case to create an additional lot is subject to a reasonable interpretation of the circumstances. Since January 1 ,- 1976, there has been only one case in which a substandard lot was created by new plat, that being the property at 810 - 61st Avenue North under Application No.` 76061 . It is questionable, however, whether this serves as a true precedent since the variance application was for a sub- division by metes and bounds. The record indicates that the issue of creating a substandard corner lot received little or no attention. 1-10-80 -1"- Appl-ication No. 80003 Page 2 The Commission's attention is directed to the Standards for a Variance contained in Section 15-112 of the Subdivision Ordinance (attached) . The first standard seems to be met by the fact that the existing parcel of land .is left over from a previous subdivision in which the property to the east was divided into two lots. The length of certain blocks in the City almost requires that some lot, often an end lot, be substandard. The present owner of this property had no control over the creation of other lots on this block, and consequently, one of the lots he wishes to create is substandard by 5 feet. In comparison to these other lots, the creation of the 85' corner lot seems reasonable. The third standard also seems to be met in that the remaining 85' wide corner lot will still be larger than many other corner lots in this neighborhood, notably the corner lots on the northeast and northwest corners of the same intersection and the corner lot lying to the rear of the subject property. The proposed subdivision will also leave the existing house within all established setbacks, a basic criterion for substandard lots. The garage which presently straddles the proposed property line will be relocated to within proper setbacks prior to final plat approval . As to the second standard acknowledging a substantial property right of the petitioner, it must be noted that the applicant purchased the property as one lot, not two lots. He, therefore, has no economic investment in a second lot and no claim of confiscation if the subdivision is denied. It may be argued, however, in this case that the second standard is met if the first and third standards are met since, to a large extent, the other two standards being met create the right to another lot. The fact that the previous owner did not sew to subdivide the property is inconsequential since .the right to do so always existed. A public hearing has been scheduled and notices have been sent regarding both the preliminary plat and the accompanying variance. Based on the foregoing analysis, approval of the variance is recommended -for the following reasons: 1 . The particular circumstances pertaining to the property are such that a strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of his land. 2. The granting of the variance will not be detrimental to the public welfare or injurious to other property in the neighbor- hood in which said property is 3. The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner. 4. No other variances are required for the development of the property as it is zoned. 5. The variance applied for has been minimized as far as is possible under the circumstances. 1-10-80 t Application No. 80003 Page 3 Approval of the plat should be subject to at least the following conditions: 1 . The final plat approval is subject to review and approval by the 'City Engineer. 2. Final plat approval is subject to the requirements of Chapter 15 of the City Ordinances. 3. The garage located on the property line dividing Lot 1 and Lot 2 shall be relocated within proper setbacks onto Lot 1 prior to final plat approval . 1-10-80 1 Section 15-112. VARIANCES. (a) The Council may authorize_a variance from these regulations when in its opinion, undue hardship may result from strict compliance. In granting any variance the Council shall prescribe only conditions that it deems necessary to or desirable for the public interest. In making-its findings as required herein below, the Council shall take into account the nature of the proposed use of land, the existing use of land in the vicinity,- the number of persons to reside or work in the proposed sub- division and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. To grant a variance, the Council shall find: 1. That there are special circumstances or conditions affecting said property such that the strict application of the provisions of • this ordinance would deprive the applicant of the reasonable use of his land. 2. That the variance is necessary for the preservation and �+ enjoyment of a substantial property right of the petitioner. 3. That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated. (b) Application for any such variance shall be made in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the Council, stating fully and clearly all facts relied upon by the petitioner and shall be supplemented with maps , plans or other additional data which may aid the Council in the analysis of the proposed project. The plans for such development shall include such covenants, restrictions, or other legal provisions necessary to guarantee the full achievement of the plan. 4 i S a Section 15-106 (continued) 5. Pedestrian Ways. In blocks over 900 feet long, pedestrian crosswalks may be required by the Council in locations deemed necessary to public health, convenience and necessity. 9. Lots 1 . Location. With the exception of lots in a condominium .single-family attached dwelling unit subdivision, all lots shall abut by their full frontage on a publicly dedicated street or a street that has received the legal status as such. r 2. Size. The minimum interior lot dimensions in subdivisions designed for single-family detached dwelling developments in the R-1 and R-2 Districts established by the zoning ordinance shall be: (aa) R-1 District: 75 feet wide at the established building setback line; R-2 District: 60 feet wide at the established building setback line; (bb) not less than 60 feet in width at the front lot line; (cc) not less than 30 feet in width at the rear lot line; . (dd) not less than 110 feet in average depth; and (ee) R-1 District: not less than 9,500 square feet in area; R-2 District: not less than 7,600 square feet in area. The minimum corner lot dimensions for single-family detached dwelling developments in the R-1 and R-2 Districts established by the zoning ordinance shall be: (ff) R-1 District; 90 feet wide at the established building setback line; R-2 District: 75 feet wide at the established building setback line; (gg) not less than 100,feet in depth; and (hh) R-1 District: not less than 10,500 square feet in area; R-2 District not less than 8,750 square feet in area; Where sanitary sewer facilities are not provided, the minimum size of lots shall be 13 ,500 square feet. AfiSCIV PREL IMINARY PL AT . 0 r .� 0 B � e Ref. ,� r eP ens /ZO ce..er+rf� y' wa7s domm 15o.47 GAR,9Cf� `0 oil © 3.23 69,775 J o s,ev,-,a O :{ oD � rc � �h f • � _` ® ®: � iii r� ®® ®® ■■ .� mm mm . ■.® i'■ �..� ■.® ®® ■® ■�® �■s r. �r® ®® NEU .• EARL BROWN •� . -■■ ®■ ■viii � .• . Sri ■..� � � ON • ■ .... .. ■��■ �■�■ ■■ ■■. a ■ '■ ■■ ■- ■■ �■ ■ IS v ii■ �1� e ■■ ■ `----._.. _ ■ ®® ors i■ r�i ■� ■� i■■ �r® ■■ ri ri ■ire ■err �■■ ®■ �� � �� ■■ �■ """ INM Elm ■ Am��i �® �ii iii ®� :=i :■ i i ■.: �� ■��= si �i■ H iiW■ ■■� ®i ® ■ �i ii■iii n ►` 'f ■■ ■ SE ■ ■■ MEN r® i■ �® ■�ii ■ ..■ i -■ i Ism Z NEW Planning Commission Information Sheet Application No. 80004 Applicant: William Norenberg Location: 5338 Emerson Avenue North Request: Special Use Permit/Home Occupation The applicant requests special use permit approval for a home occupation to build kitchen cabinets in his garage, at 5338 Emerson Avenue North. The applicant has submitted a letter (attached) describing his proposed use. In it, he ex- plains that no sales of cabinets would be made from his residence; that hours of operation would be from 5:00 p.m. to 10:00 p.m. Monday through Friday, and 9:00 a.m. to 6:00 p.m. Saturdays; and that the garage in which the activity will take place has no windows and is insulated and sheetrocked. The work would involve machine operation about 40% of the time. The proposed use is subject to special use permit approval because it involves manufacturing with the use of equipment not normally found in a home and because the activity is carried on in an accessory structure. Such uses are permissable provided the activity: "is clearly incidental and secondary to the residential use of the premises, including the dwelling, and permitted accessory buildings or installations 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." (Section 35-900 ...--attached) . The provision that the activity be clearly "incidental and secondary to the residential use of the premises" has been interpreted in the past to mean that more area in any accessory structure must be devoted to residential than occupat n�o al use. This was the ruling of the City Council in the case of Mr. Charles Greenwood of 5043 Drew who operated a printing business in his garage (Application No. 75009) and in the case of Mr. R. J. Patterson of 3800 Commodore Drive who did small engine repair in his garage (Application No. 74053) . As to the issue of noise, the Council has generally considered repeated complaints from surrounding residents to be grounds for denying or refusing to renew a special home occupation permit. The City Council has also typically forbidden outside storage of materials pertaining to the occupation as a con-. . .. dition of approval . The essential purpose of these regulations is to preserve the residential character of neighborhood and to protect against any erosion of the property rights of adjacent property owners The Building Official reviewed the premises on January 4 and reports that the garage is fully sheetrocked and the walls insulated. He notes that the double garage has ample room for one car and the applicant's wood working equipment. The equipment in the garage, in addition to bench tools, includes a band saw, table saw and turning lathe. He also notes that the insulated walls will provide some sound control and that he sees no apparent conflict between the applicant's proposed home occupation and the residential use. .A .pubiic hearing has been scheduled and notices have. been sent. Approval of the. special use permit should be subject to at least the following conditions• 1-10-80 Application No. 80004 Page 2 1. The permit is issued to the applicant as the one engaging in the activity and is nontransferable. 2. The operation approved by the permit is subject to all applicable ordinances, codes and regulations, including the City's noise ordinance, and violation thereof shall be grounds for revocation. 3. The hours of operation shall be from 5:00 to 10:00 p.m. Monday through Friday, and 9:00 a.m. to 6:00 p.m. Saturday. 4. There shall be no outside storage of materials related to the home occupation on the premises. 5. The-activity shall be clearly incidental and secondary to the residential use of the premises and shall occupy less than half the area of the accessory structure : so that at least one car can be parked there. 6. The applicant shall provide a wall-mounted fire extinghisher as approved by the Fire Chief in the garage adjacent to the cabinet making operation. 1-10-80 December 13, 1979 Mr. Ron Warren, Admin. Asst. City of Brooklyn Center Brooklyn Center, MR 55430 RE: HOME OCCUPATION PERMIT Dear. Mr. Warren: This letter is a request for a home occupation permit for myself, residing at 5338 Emerson Avenue North, Brooklyn Center, Minnesota. The permit will authorize me to build unfinished custom kitchen cabinets for Redmond Builders, Inc. in the detached garage at the above-mentioned residence. The contracts are negotiated at the new home site in which the cabinets will be ultimately installed. This means that there will be no solicitation at, nor sales from the above-mentioned residence. The total hours involved in the construction of each set of kitchen cabinets is approximately thirty-six (36) hours, all completed by myself. However, of this total , only fifteen (15) hours involves machine operation. The hours of operation will be from 5:00 pm to 10:00 pm Monday through Friday. Saturday hours would be from 9:00 am to 6:00 pm. This work is performed on a part-time basis and is in addition to my full time trade as a cabinet maker. The garage per se is structured such that noise will be reduced by the fact that it has been insulated, sheetrocked, and does not have any windows. The current estimate of number of jobs to be completed annually would be four to six. The shop in the garage is also used for woodworking as my hobby (i.e. furniture and fixtures), besides its Metin+�my Any construction or remodeling remaining to be is also done out of this shop. Your prompt attention and consideration would be appreciated in granting me this permit. If you have any further questions regarding this permit, please contact me. Thank you for your help. Sincerely William Norenberg 5338 Emerson Ave. No. Brooklyn Center, MN 55430 560-7399 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 accessory building or an accessory portion of the dwelling building intended for or used to store private passenger vehicles of the families resident upon the premises and in which no business , service or industry connected directly or indirectly with automotive vehicles may be carried on. 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 the residential use of the premises, provided, such activity does not pro- duce 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 manufacturing 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; answering 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 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 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 (l)-but not more than four (4) nonresident 'students 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 residental use of the premises, _ Including the dwelling, and permitted accessory buildings or installations thereon; does not produce light glare, noise, odor or vibration perceptible beyond the bound- aries of the premises; does not consist of over-the-counter sales of merchandise pro- duced 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. MIN MIN MIN ■ ■■ ' ■ ■■ ■� " ■ ■■ ■■ ® ■■ ® ■■ re ■i O e■ �■ ■■J ■■ ®■ �■ ■I■ ■■ ■■ ■■mil IN WIN WIN■® ®■■ ■■ ■ ■■ ■■ �■ ■ MIN o ® ■ ® ■� WIN WE �— �■ IN ■ IN INIM MIN WIM r =01 0101 ■IN I IN ■ : w ' IN ® ■■■ ■■ ■■ ■■ ■�■�■i■■ ■�..�s■ r r ■■ ■■ Em ■■ ■ ■ ■ ■ ' � w ON Elm 0110 M am IN ■� � � MIN immi®■ ®m ■■ ■ s �.� ■■ ®� ■■ _IM Ol ■m ME ■■ ■■ ■■, ■■ ■ � ■ ..■ ■ ., ■■ ■■ ■■ ■■ �► ■■ �i■ ■ ■ �= ■■ ■■ ■®4■■ 100 MIN MINIM IN am IN M 0 IN MIN INIM MIN IN ■■ PRE IN� ■ ■ ■■ MIN MIN 1r ■ 10111011 MIN MIN 0 ■ ■® ■■ ■_ ■■ ■■ ® ■ , WIN M oil mom ■ P 1 ■ IN �� ■� IN ■ �� �� �� -■ ■ �■■ ■ on ■�■ ■■■ .. . .. .■..�. IN MIN FIN SON M 1001= MIN M! INS ■■ MIN ®- ■ ■: 1111 IN H1 ■■a■■: _ , Planning Commission Information Sheet Application No. 80005 Applicant: Gary Nelson/Brutger Company Location: Freeway Boulevard and' James Circle Request: Site and Building Plan and Special Use Permit Approval The applicant is seeking site and building plan approval and a special use permit to construct a 104 unit transient lodging facility at the southwest corner of Freeway Boulevard and James Circle. The site is bounded by the Budgetel Motel on the south, Earle Brown Bowl on the east (across James Circle), Spec. I and II across Freeway Boulevard on the north and Shingle Creek Parkway on the west. The property is zoned I-1 and transient lodging, which is a special use in the C-2 zone, is also allowed by a special use permit in this ' zone as well . The applicant also proposes a resident manager for this facility which would require an amendment to the City's Zoning Ordinance. Section 35-330, 3 (.f) allows as special uses in the I-1 Zoning District those commercial developments which, in each specific case, are demonstrated to the City Council to be: 1. ,Compatible with existing adjacent land uses as well with those _ . uses permitted in the I-1 district generally; 2. Complementary to existing adjacent land uses as well as to those uses permitted in the I-1 district generally; 3. Of comparable intensity to permitted 'I-1 district land uses with respect to activity levels; and 4. Planned and designed to assure ure -that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon the industrial park or the community. Granting of the special use permit is subject to demonstration that the Standards for Special Use Permits contained in Section 35-220, 2 are met. (copy attached) The proposed building is L-shaped, with one wing along Freeway Boulevard and another along James Circle. The building is set back 50 feet from Shingle Creek Parkway and Freeway Boulevard 70 feet from James Circle and 40 feet from the Budgetel property. The plan provides for the required 114 parking spaces in a large parking lot covering the southwest portion of the site and a smaller parking area along the east side of the building. The parking requirement is based on one stall per unit (2 stalls for the resident manager unit) and one space per employee. Five handicapped parking stalls are provided, four of which are adjacent to the handicapped units in the south wing and one adjacent 'to the check-in area. All parking and driving lanes are 24 feet wide. Two curb cuts are provided off James Circle, the north cut 24 feet and the south cut 25 feet in width. 1-10-80 a Application No. 80005 Page 2 The applicant proposes 4 foot high berms in the open area along Freeway --� Boulevard (not within right-of-way) and at the northwest corner of the site. `f Lower berms are planned along the east property line between the two curb L° cuts. The applicant has proposed 13 Marshall Ash around the perimeter of the site and on the four traffic islands in the main parking lot. The staff has encouraged the applicant to mix the species of trees on the site and to add landscaping along Shingle Creek Parkway to provide more screening of the large parking lot. Revisions to the landscape plan should be submitted prior to the Commission's meeting. The landscape plan also indicates a generous amount of smaller plantings close to the buildings. A trash enclosure is to be located near the northwest corner of the main parking lot. Drainage on the site is handled by a catch basin at approximately the center of the main parking lot and another catch basin near the north entrance along James Circle. There will also be a catch basin in the greenstrip along Shingle Creek Parkway. These catch basins will connect up eventually with the 60" storm sewer line beneath Freeway Boulevard. The plan proposes 8" water and sewer lines also connecting to utilities in Freeway Boulevard. The applicant has not submitted a letter addressing the Standards for a Special Use Permit. Staff, however, see no real conflict with the ordinance standards. The proposed use is highly compatible with surrounding land uses and should not adversely affect development of surrounding property. In addition, the site plan provides for a convenient and orderly traffic flow and no variances are required. As to whether the proposed hotel enhances the general public welfare and will not be detrimental to health, safety, morals or comfort: hotels generally are considered by the Zoning Ordinance as a permitted, and, therefore, sanctioned use, though subject to Council discretion. The proximity of the budgetel Motel is incidental and not significant as far as the demand for public services and utilities is concerned and supports the right of Thrifty Scot to locate here more than any objection to the proposed project. Impact on sewer capacity is being studied in this regard and we hope to have information available to the Commission Thursday night. It is not felt that development will be hindered elsewhere. Both Thrifty Scot and the Budgetel Motel have requested the City to consider an Ordinance Amendment that would allow live-in resident managers at their respective motels. (copies of letters attached) . They cite a number of reasons for such an amendment, chiefly for security and safety reasons as well as better maintenance. The Zoning Ordinance currently does not permit residential uses in the Commercial and Industrial Zoning Districts. In our review of the requests we note that the State Building Code considers the occupancy of hotels and motels to be a residential occupancy. We have reviewed this request with the City " Attorney and have drafted recommended language which will allow live-in resident managers at hotels and motels. The effect of the ordinance would be to amend the definition section (35-900) to define Transient Lodging as in- cluding one live-in resident manager.; Also, a definition for motel would be added to the ordinance, since one is not presently included. A public hearing has been scheduled and notices have been sent. _It is recommended that the application be approved subject to at least the following conditions: 1-10-80 , Application No. 80005 Page 3 1 . , Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and,berming plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in 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. 4. The special use permit is issued to the applicant as operator of thq fagility and is nontransferable.. 5. The permit is subject to all applicable ordinances, codes; is . regulations, and violation thereof, shall be grounds for revocation. 6. Any outside trash disposal facilities and rooftop mechanical equip- ment shall be appropriately screened from view. 7. The building is to be quipped with an automatic fire extinguishing system to meet NFPA StandardsNe=. �and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 8. Smoke detectors shall be installed in all sleeping units as per Minnesota Building Code Requirement. 9. An underground irrigation system shall be installed in all land- scaped areas to facilitate site maintenance 10. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 11 . Plan approval does not include approval for a live-in manager's unit as indicated on the plans; this matter is subject to an amendment to the City's Zoning Ordinance. 12. B-612 curb and gutter shall be provided around all driving and parking areas. 1-10-80 -TA T 4; T1� 21r-T 'SCt ' marE LS INC. A.M3 . CORPORATE OFFICES ONE SUNWOOD DRIVE— P.O. BOX 399— ST.CLOUD,MINN. 56301 PHONE (612)252-6262 December 3, 1979 Mr. Ronald Warren Director, Planning Inspection City of Brooklyn Center 6301 Shingle Creek Parkway r Brooklyn Center, Minnesota 55430 RE: Thrifty.Scot Motel Dear Mr. ' Warren: p Our highly successful motel chain has obtained a site in Brooklyn Center, Minnesota, upon which it is our intention to build a facility having slightly in excess of 100 units. If at all possible, we would Me to pattern our method of operation in Brooklyn Center after that s€ used in all of our other successful locations; however, existing City ordinances in Brooklyn Center preclude this. We have found it highly desirable to have a live-in manager in our facilities. Brooklyn Center City Ordinances presently preclude this. We feel it is highly advantageous not only for us but also for the community involved if a manager resides on the site. A partial list- ing of some of the reasons a live-in manager is desirable is as follows: 1. The obvious security and safety factor of having the "person in charge" available on site on a 24-hour basis; 2. A motel such as ours which does not have a bar, lounge, restaurant nor convention facilities does not have the luxury of having assistant management type personnel available on site during late evening hours when safety and security protection is needed most. During late evening hours, our building would be staffed only with desk clerk personnel. A full service motel would undoubtedly have a bar manager or restaurant manager available to handle situations at that time; a 3. An alarm system can be sounded in the manager's living quarters by activating a button under the front desk if a live-in manager situation exists; Mr. Ronald Warren December 3, 1979 Page 2 4. The character of a motel is residential and lodging in nature. All of the units would be rented to persons sleeping there. Some of them for many days at a time. A one bedroom unit apartment specifically for a full- time manager would not change that character; 5. A live-in manager would always be readily available to assist City officials such as inspectors, police 'department, fire department, etc. Thrifty Scot Motels, Inc., hereby requests the City of Brooklyn Center to change its City Ordinance to allow one, and one only, apartment in our proposed motel. This apartment would be used by. the top management personnel. running that facility. We would be most happy to supply you with any additional data you need. We would also be happy to complete any required requests for ordinance change that may be necessary. Please advise. ' Sincerely, TH SCOT MOTELS, INC. G Ga W. ls Vice President GhN:lp aa0raW ?�IV06W& May.. 15, 1979 Ron Warren Brooklyn Center City Hall 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Warren: This is to request your assistance in handling of the Marc's Budgetel Inn, Brooklyn Center, being allowed to have our Inn Manager live on the premises and have use of a small kitchen. All of our hotel properties have a live-on situation in all the states we operate in. In fact it is unusual when the Inn Manager does not occupy the facility he manages. In some rare cases you will find the exception, as the Topeka Holiday Inn franchise group that has Brooklyn Center. Usually if this is the case it is because the owner does not wish to lose room revenue with a live-on. However, most companies, including ourselves, feel that the property is better maintained and more safely operated by a live-on facility. Therefore, would you please advise this office as to R when the Council would review and act on this matter. Very truly yours, THE MARCUS HOTEL CORPORATION David T. Lucas Vice President DTL/l f a cc: Joe Spang Les Borman 12W,/ W �A., 4,14-272-60 /I 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 public welfare and will not be detrimental to or endanger the public health, safety, morals, or Comfort. �) 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 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 such conditions and restrictions upon the establishment, location,- constriction, maintenance and operation of the special use as deemed necessary for the pro- itection 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 4eem;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 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 be relies to gain the consent of the City Council for resubmission at an earlier time. 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 ona 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 etc nn • t �._ vim„ G. .L' P,VEq-iE -.:sys-.,framer T- 7 1--►._:� '^-_.-��+Sts.no,.r_ _ � S.il c ..._ -•-�-- .i -_ �✓! .J-'+'^rr' — Q: r :-,..�,. t[ - . it `� _.:+s __-_� t• —;—_-------- •i..: sue• �! l �' y_._ "tr c► t i. it SA .�:. :.6a ' 3! :{� ,Y:a iI,: � =two vCORy�!o•t8L r -F . , � �. ...._ ___-.__ _._��.. ice! �,j '�;�a•! at ...,..err- �. _ t. � . -. - «. -. ,_�-- .-..._.� _.. :.��._ �.�. ... �... ..._.:--�. - _ .+ _ _. ..•,�_ �{ - - Z 1 Mi D JqV1 5 - -- EMERSON NE R4 IC21 R 4Uv 9TH AV L COUWTY ROAD MG . I.1 _ _ _ _ ___ __ _ C _ Z R5 CREEK PARKWAY R 5 I1 67 -E 67TH AV 3 Z BROOKLYN CENTER x HIGH SCHOOL a a R5 Cz :- W AVE -j FREEWAY BLVD. 6 t I1 C2 o s APPLICATION NO. 80005 -AVE 94 W.B. 694 ES. d0 94 ES. --- PROPOSED ROADWAYS O O }—< ,PROPOSED BRIDGES 1' + u 4. J, ;1 DRAFT ORDINANCE AN ORDINANCE AMENDING CHAPTER 35 REGARDING A DEFINITION FOR TRANSIENT LODGING AND'ALLOWING' A LIVE-IN RESIDENT MANAGER Section 1 . Chapter 35 of the City Ordinances of the City of Brooklyn Center, is hereby amended as follows Section 35-900. Definitions Transient Lodging - A multiple living accommodation such as a hotel or motel in which lodging is commonly offered for periods of less than a week but which may include one dwelling unit for a live-in resident manager. Motel - A hotel in which rooms are directly accessible to an outdoor automobile parking area. Section 2. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Underlining inciates matter to be added; brackets indicate matter to be deleted. I