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HomeMy WebLinkAbout1981 05-07 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 7, 1981 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman William Hawes at 7: 38 p.m. ROLL CALL Chairman Hawes, Commissioners Molly Malecki, Richard Theis, Nancy Manson, George Lucht and Mary Simmons. Also present were Director of Planning and Inspections Ronald Warren, Assistant City Engineer James Grube, City Attorney Richard Schieffer and Planning Assistant Gary Shallcross. Chairman Hawes noted that Commissioner Lowell Ainas had called to say he would be unable to attend the evening' s meeting and was, therefore, excused. APPROVAL OF MINUTES - _April 23 1981 M otion by Commissioner Lucht seconded by Commissioner Manson to approve the minutes of the April 23, 1981 meeting as submitted. Voting in favor: Chairman Hawes , Commissioners Malecki , Theis , Manson, Lucht and Simmons. Voting against: none. The motion passed. DIXIE RILEY (The Girl Scouts) Following the _Chairman' s explanation, the Chairman briefly acknow- ledged Dixie Riley of the Girl Scouts who stated that the organi- zation had a purchase agreement and wished to occupy the old Library building on Brooklyn Boulevard in the fall of 1981. She asked whether any formal approvals would be needed and expressed concern regarding the parking requirements for the site. Chairman Hawes suggested that she discuss these concerns with the staff to work out any details. Commissioner Theis asked whether the Girl Scouts would be owning the old Library building. Ms Riley answered in the affirmative. In answer to a question from Chairman Hawes, Ms. Riley stated that the Library building would serve as the Twin Cities headquarters for the Girl Scouts. Chairman Hawes wished Ms. Riley luck and called for the first business item. APPLICATION NO. 81026 (Warren Anderson) The Secretary introduced the first item of business, a request for a variance from Section 35-400 to allow a 20 ft. side corner yard setback, rather than the ordinance required 25. feet, at 3400 Wood- bine Lane. The Secretary reviewed the contents of the staff report (See Planning Commission Information Sheet for Application No. 81026 attached) . The Secretary also clarified that the Subdivision Ordi- nance was changed in 1957 to require 90 ft. corner lots. The Zoning Ordinance, however, did not reflect this change until 1968 . He noted that there are approximately 45 to 50 substandard corner lots in the City that were created after December 19 , 1957 and that, to his knowledge, they were all required to meet the side corner set- back requirement of 25 feet. Commissioner Theis asked whether the preliminary plat to the sub- division in which the property in question is located was begun 5-7-81 -1- prior to December 19 , 1957. The Secretary answered that most likely the preliminary plat was submitted prior to that time. Commissioner Theis then asked whether the 1957 change to the Subdivision Ordinance was a major revision which required a lengthy review. The Secretary responded in the affirmative. He then referred to Application No. 78047, a request to add an enclosed entry that would encroach into the required 25 ft. set- back. He stated that many of the circumstances were similar in that case and that the' Planning Commission and City Council elect- ed not to change the ordinance at that time. He stated that he felt the ordinance change to allow 15 ft. setbacks for properties that were created prior to 1957 was primarily to deal with exist- ing conditions rather than to allow expansion to the 15 ft. set- back line. PUBLIC HEARING Chairman Hawes then opened the meeting for a public hearing.,and called on the applicant to speak on the application. Mr: Warren Anderson of 3400 Woodbine Lane, noted that the property is sur- rounded on two sides by a park and asked what problem would be caused by a six foot addition facing a swamp. Commissioner Lucht noted that a map of the area showed that 17 other corner lots also face that swamp and asked what hardship would result from the denial of the variance. Mr. Anderson stated that he wished to expand his livingroom and kitchen and to remodel changing the access to the house from the side to the rear. Commissioner Simmons stated that the problem with the application is that it would set a precedent for a number of other lots. She stated that the dif- ficulty involved for the applicant simply did not seem great enough to justify such a precedent. Chairman Hawes agreed, noting that any intrusion into the setback area would weaken the effectiveness of the ordinance. Mr. Anderson asked whether it would be permissible to reapply for another variance. Chairman Hawes stated that such a reapplication would be allowable if the facts of the case change. He explained to Mr. Anderson that it would be bad policy for the City to grant variances for any encroachment into setback areas because of the weakening effect such decisions would have on attempts to enforce the ordinance generally. CLOSE PUBLIC HEARING Motion by Commissioner Malecki seconded by Commissioner Lucht to close the public hearing. The motion passed unanimously. ACTION RECOMMENDING DENIAL OF APPLICATION NO. 81026 (Warren Anderson) Motion by Commissioner Theis seconded; by Commissioner Malecki to recommend denial of Application No. 81026 on the grounds that the Standardsfor a Variance, particularly with respect to uniqueness and hardship, are not met. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis, Manson, Lucht and Simmons. Voting against: none. The motion passed. APPLICATION NOS. 81027, 81028 and 81029 (Howe, Inc. ) .The Secretary introduced the next items of business submitted by Howe, Inc. He first reviewed the staff report for Application No. 81028 (See Planning Commission Information Sheet for Application No. 81028 attached) , a request for preliminary plat approval to 5-7-81 -2- replat the property at 4821 Xerxes Avenue North and 3129-49th Avenue North into two lots of a proposed subdivision to be known as Howe Addition. The Secretary added that an additional con- dition of the preliminary plat approval should be the require- ment that all property belonging to the Soo Line Railroad and leased by Howe Fertilizer be surveyed and a boundary line survey submitted for that land. Chairman Hawes asked whether such a survey should cover land out- side of Brooklyn Center. The Secretary responded in the affirmative. The Planning Commission then discussed with the Assistant City Engineer the drainage aspects of the site and the need for interim emer- gency procedures to contain any chemical spills or contaminated water. Commissioner Theis asked whether the entire parcel drains to the southeast corner of the site. The Assistant City Engineer responded that the general trend is in that direction, but that there are three catch basins on the site, two on the westerly side of the site, which drain particular areas. Commissioner Theis asked whether 990,000 gallons of storage could be provided within the area described by dashed lines on the "interim considerations" submitted by Hickok and Associates. The Assistant City Engineer answered that the interim ponding area designated by the dashed lines is the best estimate of an area with approximately 990 ,000 gallons of storage based on the information available. Chairman Hawes asked who is responsible for closing the drains leading to the public storm sewer system in the case of an emer- gency. The Assistant City Engineer answered that the owner would have the first responsibility and then the City. The Secretary pointed out that the Hickok report covers chemical storage gen- erally, but that the concern of the conceptual plan is to manage drainage to Ryan Creek in the event of an emergency. Chairman Hawes pointed out that a procedure needs to be set up to lay out clearly who is responsible to take what action in the case of an emergency. The Secretary then reviewed the staff report for Application No. 81027, a request for site and building plan approval to eliminate the existing potato shed and temporary storage building and to build 14 ,155 sq. ft. of new industrial storage space and 1,530 sq. ft. of office space at 4821 Xerxes Avenue North. Following presentation of the staff report (See Planning Commis- sion Information Sheet for Application No. 81027 attached. Chair- man Hawes asked whether the green area to the west of the new north building would be served with an underground irrigation system. The Secretary answered that that would- be required by City Ordinance. The Secretary also pointed out that the 8 ft. high opaque fence is an ordinance requirement. Chairman Hawes asked why the applicant had recommended bituminous curbing along the west side of the site. The Secretary answered that he feels there is no benefit to the drainage of the site since water at the site generally drains from west to east. The Assistant City Engineer interjected that some benefit would result from curbing the west side of the site because of the two catch basins in that area which handle drainage on. the west side of the site. There was a further brief discussion of the need for curbing around the site and the effect of blacktopping certain areas. 5-7-81 -3- The Secretary then reviewed the staff report for Application No. 81029, a request for a variance from Section 35-413 of the Zoning Ordinance to allow storage of equipment within the 100 ft. buffer area between Rl and I-2 uses at Howe Fertilizer (See Planning Com- mission Information Sheet for Application No. 81029 attached) . Following the Secretary's review of the staff report, the City Attorney briefly explained the process underway between the City and Howe Fertilizer in resolving the issue of rebuilding after destruction of the north building by fire on January 6 , 1979 . He stated that there is nothing in the law or the ordinance to deny Howe Fertilizer the right to continue to submit applications for approval of slightly different site plans until they are sat- isfied with what is approved. Regarding the lawsuits between the City and Howe Fertilizer, the City Attorney stated that neither Howe, Inc. nor the City have decided at the present time whether or not to appeal the ruling of the judge. He stated that there is a motion for the court for amended findings by both sides. He explained that it may be as soon as one week before the ruling on these motions is made. In the meantime, he stated that it is still worthwhile to discuss the site plan, plat and variance since most likely, the judge' s ruling is not going to change very much and because the complexity of the matter will require review at more than one meeting. Commissioner Theis asked how much time would be involved if matters were appealed. The City Attorney answered that it would be at least eight months to a year and probably longer before a result would be obtained from such an appeal. As a point of clarification, the City Attorney pointed out that the liability resulting from .a chemical spill is with the property owner. Therefore, he said, the first responsibility for dealing with an emergency spill lies with the property owner. He added that the City does have responsibility for its actions during any emergency situation, but that these responsibilities are secondary to the owner' s responsibility. Chairman Hawes then called on the applicant to speak. Mr. .Tom Howe, representing Howe Fertilizer, addressed the Commission regarding the three applications before them. He requested continued con- sideration of the site plan and variance and approval on the pre- liminary plat. Mr. Howe explained that the proposed plan has a number of good aspects for the City, the neighborhood and for Howe Fertilizer. He stated that the building which would have been allowed by the variance granted in 1979 would have had very limited access be- cause of the required buffer provisions and relationship of the building to other buildings on the site. He stated that the new north building has been shrunk and moved northward to increase its access. The remaining building area allowed, he said, would be distributed between a warehouse addition to the middle building and a second storey addition to the office building on the east side of the site. He pointed out that the office addition is appropriate for the neighborhood, would serve to reduce the in- dustrial building area on the site and be in line with the future 5-7-81 -4- zoning of the property. In response to a question from Chairman Hawes regarding chemical storage within the building, Tom Howe stated that the addition to the middle building would be constructed in such a way to minimize any possibility for leakage in the event of a chemical spill within the building. In answer to another question from Chairman Hawes regarding the use of chemicals on the site, Mr. Tom Howe stated that there are two basic types of chemicals at the site, those for sale, and those used for manufacturing (such as liquid nitrogen) . He stated that the chemicals for sale are delivered in prepackaged form, while the chemicals to be used in the manufacturing process come in tankers and are more dangerous both in their substance and in their potential for spillage. He also stated that the delivery of tankers to the site is more of a seasonal phenomenon than constant. I Commissioner Simmons left the meeting at 9 : 30 p.m. In answer to questions from Commissioner Theis regarding the pos- sibility of spills and emergency precautions , Mr. Howe stated that the premises are watched at night as well as during the day and that the base underneath the tanks at present is a clay base which will prevent permeation into the ground water in the immediate area of the tanks. He added that the details of an emergency drainage system will have to worked out with staff and with the appropriate consultants. Chairman Hawes inquired as to the chemicals on the west side of the site. Mr. Howe answered that any chemicals spilled on that side of site would be diked by the spur track which leads from the Soo Line Railroad between the two southerly main buildings on the site. Commissioner Theis asked whether the fertilizer applicators could be stored off site. Mr. Howe responded that this would not en- tirely solve the problem since the applicators have to come back to be filled up at some point anyway. PUBLIC HEARING Chairman Hawes then opened the meeting for public hearing. Mr. Leo Hanson of 4903 Brooklyn Boulevard addressed the Commission and stated he was very discouraged because of the continued ability of Howe Fertilizer to obtain variances to rebuild and continue to operate in a way that affects the surrounding neighborhood adversely. He stated that in spite of the fire, Howe Fertilizer keeps growing and disturbs the neighborhood with dust from the trucks coming to the site and fumes from the manufacturing process. He went on to state that people in the neighborhood have been. told to move out if they don't like the conditions there, but people do not want to move, since they enjoy the neighborhood apart from the Howe operation. Mr. Hanson pointed out that the residents in the area were forced to comply with various laws regarding the burning of trash and leaves, but that Howe Fertilizer has been able to continue their ammoniating process which disturbs the neighborhood more than the residential burning. He also stated that it was his understanding that nonconforming uses should not be allowed to tear down existing buildings and build new ones. The object of nonconforming ordinances , he stated, is to phase out those uses that are nonconforming, not to allow them to slowly rebuild. 5-7-81 -5- Chairman Hawes asked Mr. Hanson whether he had lost his lawn as a result of the Howe operation over the last two years. Mr. Hanson responded that his lawn really did not come up during 1979 and 1980, that various resident' s in the neighborhood who were affected in this way after the fire, were compensated to some extent. He added, however, that he is skeptical as to the compensation and whether it will be adequate since the continued operation of the Howe Fertilizer plant may endanger the lawns continually. Mr. Mary Reich of 3141-49th Avenue North next addressed the Com- mission. He stated that the drainage on the west side of the Howe Fertilizer property is poor and asked whether the drainage which collects on that side of the site and eventually seeps into the ground would affect the ground water. The Assistant City Engineer answered that in places where the water is not collected by the storm sewer system it would seep into the ground and over time may affect the ground water. Mr. Reich continued to criticize the drainage at the Howe site. He stated that the pipe which goes under the railroad tracks to carry water to the catch basin within the Soo Line property is blocked and cannot carry any water from north of the Soo Line tracks. He stated that the water that collects in his back yard is bad and that he has taken samples of it to be tested by the Pollution Control Agency. Mr. Reich complained that when complaints are made to the City regarding odors, the City contacts Howe Fertilizer, and that by the time City Inspector' s arrive, the odor may have changed and may not be noticeable to the City employees. He complained that he had not had any lawn for two years. He stated that his vege- table garden has been wrecked since the fire. Mr. Reich stated that his chief concern was not about curbing along the west side of the property, but rather the fact that Howe Fertilizer is in operation affecting the quality of the air in the neighborhood day and night. He stated that he has seen Howe Fertilizer in op- eration full blast at 3:00 a.m. in the morning. Chairman Hawes then asked the City Attorney regarding the phase-out ordinance and the ruling of the judge. The City Attorney answered that the City Council had required the phase-out of the manufacturing operation within 1982. The judge in the case ruled that Howe Ferti- lizer' s investment in pollution control equipment should be amortized over a longer period and that the City had not stated its intention to phase out the Howe operation for a sufficient length of time be- fore the phase-out was to be completed. Commissioner Theis asked whether the City could 'still put a limit on the period of time that the manufacturing operation will continue. The City Attorney answered that that was still a possibility, al- though a definite date would be difficult to determine from the judge' s ruling. He added that investment at the site from now on will be looked at differently than investment in the manufacturing operation. In response to a question from Chairman Hawes regarding the tempo- rary building erected after the fire in 1979 , the City Attorney stated that the judge' s ruling requires that the building be down within sixty days, although it will be allowed to stay up to serve as a construction shack during construction if plans are approved prior to the sixty day deadline. 5-7-81 -6- The Secretary clarified for those present that the City has not always notified Howe Fertilizer when it is in receipt of a com- plaint and that unannounced inspections have taken place in the past. He pointed out, however, that the judge' s ruling sets up a procedure which requires the City to notify Howe Fertilizer im- mediately in the case of a complaint and explain the nature of the complaint and who the complainant was. Mr. Mary Reich stated that this seemed pointless since Howe could shut down for a short period of time until an inspection was made and then start up again caus- ing the same problem. The Secretary acknowledged that this could happen, but stated that the result would be greater compliance by Howe Fertilizer and that that is the ultimate objective of the order. Mr. Robert Wirth of 4901 Zenith Avenue North complained about the behavior of the Howe operation in response to resident' s complaints. He expressed concern regarding the presence of Ryan Lake across the tracks from the Soo Line and the possibility that atrazene which is stored on the site could find its way into the water supply and cause serious problems for the general public. He stated that it was his understanding that atrazene destroys the nervous system. He stated that the monitoring stations set up after the fire to test the ground water for any leakage should be checked continually to see whether there has been any effect on the ground water from the chemicals at the Howe site. Mr. Tom Howe responded to some of these concerns. He stated that the process of making fertilizer is not something that can be turned on or off quickly. He stated the intent of Howe, Inc. is to shut down at 5 :00 p.m. and on weekends, in compliance with the judge's order. He added that if complaints are filed and it can be established that the amount of ammonia smell is intolerable, the operation will also be shut down. Commissioner Lucht inquired as to who owned the land near the low spot on the drainage plan where the water will drain according to the interim drainage plans submitted by Hickok and Associates. An unidentified person in the audience answered that the Soo Line Rail road owns the land in that area. The City Attorney then explained that the monitoring of ammonia smell is difficult since there is a wide variance among individuals as to the concentration needed to perceive an ammonia smell. He also explained that the ammonia smell in the neighborhood is often controlled by factors which are changing, such as the wind. He pointed out that the City and Howe Fertilizer are contracting experts to develop a monitoring system to detect ammonia smell. Mrs. Mary Dodds, of 4730 Xerxes Avenue North, next addressed the Commission. She stated that there is a terrible, smelly odor that is sometimes accompanied by a fog from Howe Fertilizer. She stated that Howe Fertilizer seems to be getting bigger constantly and noted that Tom Howe's grandfather had offered to buy her out many years ago. She complained about the banging at Howe Fertilizer as early as 6 :00 a.m. in the morning and also stated that the odor problems at Howe are not getting better. She noted that she called the PCA recently on an especially bad day. 5-7-81 -7- Mrs. Dodds also expressed concern regarding people who shoot ducks in the Ryan Lake area. She offered the possibility that, stray bullets from these people could pierce a tank car and cause an explosion at the Howe site. She stated that she felt the tanks should be en" . closed somehow for protection. She stated that in the past it has been difficult to force companies like Howe to comply with the demands of surrounding residents , but that now there are laws that exist which can be enforced to protect neighboring residents. She explained that people in the area have a difficult time selling their homes for reasonable prices because of the reputation of Howe Fertilizer. She also expressed concern about the drainage of water from the site into the water supply. Mr. Ben Long of 4911 Brooklyn Boulevard related to the Commission a number of effects which he has seen on his property as a result of the pollution from Howe Fertilizer sinch 1945. Mr. Wirth asked whether the Fire Department is aware of what chem- icals are on the site and whether they have a definite plan as to how to go about fighting a fire. The Secretary answered that the Fire Department does have a list of all the chemicals at Howe Fertilizer and that it also has a lay-out of the buildings on the site and a specific plan as to how to react in the case of a fire. Mr. Mary Reich related a story about a junk car that he had on his premises until the City ordered it out. He encouraged the Planning Commission not to grant any variances to Howe Fertilizer from the strict letter of the City Ordinance. Mr. Tom Howe responded that the proposal before the Planning Com- mission does not amount to an expansion of the Howe Fertilizer operation, that in fact there will be 4 ,500, sq. ft.. less industrial space at the site than before the fire. Chairman Hawes added that the entire business at Howe Fertilizer is not nonconforming, only the manufacturing process. He stated his belief that the City has done all that it possibly can to improve the situation at Howe Ferti- lizer while still acknowledging the legal rights of Howe Fertilizer to rebuild. Mr. Reich stated that he simply did not believe the City had done all that it could. He related a number of incidents where Howe has caused problems for the neighborhood which were not rectified by the City' s action. Commissioner Theis inquired as to the uses involved with the addi- tions. Tom Howe answered that space for storage of chemicals and a lunchroom would be provided within the addition to the middle building and that equipment storage and warehousing would be added at the north building. He also noted the addition to the office building which would accommodate sales people. CONTINUATION OF PUBLIC HEARING Chairman Hawes acknowledged a desire by the Planning Commission to continue the public hearing to a later meeting when the issue of Howe Fertilizer would again be taken up. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 81028 (Howe, Inc.) Motion by Commissioner Lucht seconded by Commissioner Manson to recommend approval of Application No. 81028, request for preliminary plat approval for the proposed Howe addition, subject to-the fol- lowing conditions : 1. The final plat is subject to approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The Hickok "interim considerations" for drainage is adopted as an interim conceptual drainage plan with final details to be approved by the City Engineer prior to the issuance of building permits for construction on the site. 4. Prior to final approval, an agreement shall be executed, in a form to be determined by the City Attorney, to bind the remnant parcel of i the Howe industrial site located in the City of Minneapolis to Lot 1, Block 1, of the pro- posed Howe Addition. The agreement shall be filed with the title to the property. 5. A certificate of survey of all property leased by Howe, Inc. from the Soo Line shall be sub- mitted prior to final plat approval. Voting in favor: Chairman Hawes , Commissioners Malecki, Theis , Manson and Lucht. Voting against: none. The motion passed. MOTION TABLING APPLICATION NOS. 81027" and 81029 (Howe, Inc. ) Motion by Commissioner Lucht seconded by Commissioner Theis to table . Application Nos. 81027 and 81029 , site and building plan and vari- ance applications relating to Howe, Inc. at 4821 Xerxes Avenue North, until necessary information regarding drainage and landscaping plans is submitted and until a final ruling by the court on the motion for amended judgment. The tabling action of these two applications is also at the request of the applicant. Voting in favor: Chairman Hawes , Commissioners Malecki, Theis, Manson and Lucht. Voting against: none. The motion passed. RECESS The Planning Commission recessed at 10 : 35 p.m. and resumed at 10 :58 p.m. DISCUSSION ITEM (Pontillo's Restaurant) The Secretary briefly reviewed a preliminary site plan for a 100 seat Pontillo' s Restaurant at the corner of Earle Brown Drive and Summit Drive on the property just north of K-Mart. The Secretary stated that the main concern regarding the site plan is the location of two accesses off Earle Brown Drive and that the accesses onto Earle Brown Drive be at least 125 ft. apart. He pointed out that another restaurant, Show Biz Pizza, had looked at the site, but needed more land from the K-Mart site to meet ordinance requirements for parking and that this land exchange became impossible. The Secretary noted that the establishment would not be eligible for a liquor license, but could have a beer and wine license. The Secre- tary also pointed out that the plan submitted shows minimal land- scaping and that more should be requested to fit with surrounding developments. He asked for the Commission feedback regarding the proposed use which includes the 100 seat restaurant and a game room 5-7-81 -9- in a commercial area. He stated that since there is no abutting residential property, there should be little problem with the game room end of the .operation. The Commission generally agreed with the Secretary' s thoughts on this matter and expressed approval for the proposed use At that point, Henry Bogucki, a former Planning Commission member in the 1960 ' s, addressed a few concerns to the Planning Commission. HE! recalled that the former City Attorney, a Mr. Hyde, used to recommend that the Planning Commission look only at the zoning of a property and the building area proposed and require that the max- imum number of parking stalls be at least potentially placed on the site through a proof-of-parking plan, no matter what the particular use in question is. The Planning Commission and the Secretary both agreed with this general idea. Mr. Bogucki went on to suggest that smaller parking spaces should perhaps be allowed to take account of the change in the size of the average automobile. The Secretary noted that Brookdale is proposing to resurface and restripe a portion of its parking lot for a limited amount of smaller stalls on an experimental basis. The Secretary suggested that it is easier to experiment with compact car parking in a larger lot than in a smaller lot. Next Mr. Bogucki stated that he was insulating his house and re-' modeling his picture windows to absorb as much sunlight as possible in the winter time. He stated that it might be necessary for him to add on toward the street into the front setback area for him to ac- complish what he wants to do. He suggested that the planning Com- mission consider a shorter front yard setback requirement to allow for expansion of homes into the front yard area which, he said, otherwise seem to be quite useless. Commissioner Malecki, However, expressed her satisfaction with the current size of the front yard setback and there followed a discussion of how the overhanc could be used to accommodate Mr. Bogucki's ends without involving an ex- pansion into the front yard, which would require a variance. ADJOURNMENT Motion by Commissioner Lucht seconded by Commissioner Malecki to adjourn the meeting of the Planning Commission. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis, Manson and Lucht. Voting against: none. The motion passed. The Planning Commission adjourned at 11:25 p.m. Chairman 5-7-81 -10-