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HomeMy WebLinkAbout1981 07-16 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 JULY 16 , 1981 CITY HALL CALL TO O RDE R The Planning Commission met in regular session and was called to order by Chairman William Hawes at 7:34 p.m. ROLL CALL Chairman William Hawes, Commissioners Molly Malecki, Richard Theis, Nancy Manson, George Lucht, Mary Simmons and 14owell Ainas. Also present were Director of Planning and Inspections Ronald Warren and Planning Assistant Gary Shallcross. Building Official Will Dahn also arrived during the course of the meeting. APPROVAL OF MINUTES - June 25, 1981 Motion by Commissioner Theis seconded by Commissioner Malecki to approve the minutes of the June 25, 1981 Planning Commission meeting as sub- mitted. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis, Lucht, Simmons and Ainas. Voting against: none. Not voting: Commissioner Manson. APPLICATION NO 81047 (Mel Boyd/Erlmar Properties) Following the Chairman' s explanation, the Secretary introduced the first item of business, a request to rezone from Cl ro R4, the south 40 feet of Lot 3, P.B.C. lst Addition. The Secretary reviewed the contents of the staff report (See Planning Commission Information Sheet for Application No. 81047 attached) . Chairman Hawes asked for a clarification of whether the rezoning of band to R4 would preclude any addition to the P.B.C. Clinic in the future. The Secretary answered that an addition of the extent compre- hended in 1969 would certainly be precluded, however, he stated, some smaller addition might still be possible. He pointed out that a site plan for the proposed four plex on the R4 land would have to be approved at a future time. He stated that the joint access between the clinic and the four plex could be analyzed at that time. Commissioner Theis asked whether the property in question had pre- viously been zoned R4 . The Secretary answered that it was zoned for multiple family at one time, perhaps under a different zoning desig- nation. He pointed out that the parcel which presently exists to the south is unbuildable without a variance. The Secretary added that the R4 and R5 properties along Brooklyn Boulevard were intended to serve as a buffer between the commercial uses along Brooklyn Boulevard and the residential neighborhood to the east. Commissioner Manson asked whether all of the land within the P.B.C. Clinic plat had been zoned for multiple-family at one time. The Planning Assistant stated that his recollection of past zoning designations of the property was that the clinic, as well as the lots along Beard Avenue North, were zoned R-B at one time which allowed for both smaller business operations and multiple-family residential development. 7-16-81 "1- PUBLIC HEARING Chairman Hawes then opened the meeting for a public hearing and called on the applicant to speak. The applicant briefly stated that he had no disagreement with the staff's report and reiterated the intent of the owner to build a four plex on the property, the plans which will be submitted to the Planning Commission in the near future. Mrs. Eleanor Sledz, of 6137 Beard Avenue North,.stated that the P.B.C. , Clinic wanted to add on to its building a number of years before and was not able to because there was not enough land for parking. The Secretary explained that the land area to be rezoned was a 40' x 147' strip of land adjacent to Beard Avenue North and that the parking lot for the clinic would remain large enough for the existing use on the site. He also noted that the parking lot would continue to exist between the four plex and the home owned by Mrs. Sledz. Mrs. Sledz stated that she did not want a tall building next door to her home. She also complained about the fact that the P.B.C. Clinic had extra land and could have made the addition they wanted, but instead sold off property to Burger King which has been a headache to the sur- rounding neighborhood. Mrs. Munson, of 3318 Lawrence Road, stated that when she moved to the area, Beard Avenue North was a deadend and the P.B.C. Clinic site was a farm. She stated that the clinic had been greedy and sold off land to Burger King which was a nuisance. Commissioner Lucht asked Mrs. Munson what objection she had to the proposed rezoning. Mrs. Munson asked what type of building would be built. Commissioner Simmons explained that the R4 zone allows one and one-half to two storey apartments and that the property in question could only be developed for four living units. Mrs. Munson asked whether any of the units would be subsidized. The Secretary explained that the City has no real control over sub- sidized housing units and reviewed various programs by the Federal Government for both building new rental housing and subsidizing rent within existing housing units. The Secretary also explained that garages are not required for any type of housing within the City, but that two off-street parking spaces per dwelling unit would be required. He also pointed out that the City has a housing maintenance ordinance to ensure decent, safe and sanitary housing. He concluded by saying, however, that there are no guarantees that the development which is actually built will be entirely satisfactory to the neighborhood. Mrs. Munson stated that she wanted her property to be upgraded by any new development and expressed concern that the property could be developed with poor housing. Mrs. Munson asked whether the neighbors had any impact expressing their opinions. The Chairman assured her that notices are sent to solicit just such comments . The Secretary explained that while the site and building approval would not be subject to a public hearing, comments of surrounding residents would be welcome and that notices could be sent to surrounding neighbors when a site plan is submitted. Commissioner Simmons pointed out that the price of housing for new home buyers is extremely high. She expressed sympathy for young people who face high rent, high interest and high housing prices. She stated that those of her generation and the generation of those present were lucky that they had been able to purchase housing at a reasonable cost. Mrs. Sledz, however, complained that rental 7-16-81 -2- property is generally not kept up as well as owner-occupied. Mr. Mel Boyd, representing Erlmar Properties, stated that the owners of the property are presently considering a brick and stucco building with low maintenance needs. He stated that Erlmar Properties would own the four plex for some years until it was fully depreciated and then sell it. In response to a question from Commissioner Simmons, Mr. Boyd stated that this would probably be seven to ten years. He stated that it is presently the intent of the owner to sell the units eventually for condominiums. However, he added, it is diffi- cult to know what the housing market will be like in ten years time. He stated that the units would not be financed with any federal sub- sidy, but would be a strictly private venture. Mrs. Reetz ,of 3309 Lawrence Road, stated that parking is a problem at the townhouse to the south of the vacant land. She stated that there are enough spaces for the occupants, but not for the guests and that as a result, cars are often parked on the east side of Beard Avenue North. The Secretary answered that when the townhouse was approved, the Zoning Ordinance did not require as much parking as at present. He stated that two parking spaces per unit would be required for the proposed four plex and that since 15 stalls of parking already exists on the new site, there would likely be adequate parking for guests as well as residents . Mr. Janasz, of 3312 Lawrence Road, asked whether the four plex would have direct access onto Beard Avenue North. The Secretary answered that a site plan has not been approved; however, access is currently shared between the clinic site and the new four plex site based on the preliminary plat which has recently been approved. He explained that the applicant has indicated that the current access will not be moved, but rather would be shared. Mr. Janasz, of 3312 Lawrence Road, asked what level of rents would be charged for the four plex units. Mr. Mel Boyd answered that the rents would be very high, likely over $500 per unit. He stated, however, that even this high rent would not cover the interest ex- pense to the owner who would have to take a loss for at least the first few years. A lengthy discussion ensued regarding the possible layout of the four plex site and traffic problems in the general neighborhood. The , Planning Assistant commented that the existing R4 lot to the south of the P.B.C. Clinic has been vacant and subject to taxes for many years while being very difficult to develop under the current zoning re- strictions . He stated that the P.B.C. Clinic site does have excess land available to be combined with the existing R4 lot, thereby cre- ating a property which is feasible for development. He concluded by saying that such a change as sought by the owner of the property is not unreasonable, so long as the requirements of the Zoning Ordinance can be met. Following further complaints regarding the way in which the clinic had previously sold off its property, Mr. Boyd explained that the owner of the property had looked at a number of alternatives to make fuller utilization of its property. He stated that the likely alter- native to a four plex would be an addition to the clinic which would bring in more activity than a four plex. He stated that the attempt of the owner has been to bring a proposal before the City which takes 7-16-81 -3- into account the City's Ordinances, Comprehensive Plan, and com- patibility with the surrounding neighborhood as well as the clinic itself. Mr. Janasz of 3312 Lawrence Road asked whether the proposed four plex would face north or toward Beard Avenue North which would en- courage people to park on the street. Mr. Boyd answered that he was not positive of the orientation of the proposed building, since it is still in the planning stages . He did say, however, that the main. access to the building would likely be on the west side so that residents and visitors alike would be encouraged to enter the parking lot before coming into the building. Following further discussion of the orientation of the proposed build- ing, the Secretary explained that if the rezoning were not approved, the existing parcel which is zoned R4, would likely require variances for parking setbacks, etc. in order to be developed. He also pointed out that there is a separate parcel of land presently included in this P.B.C. Clinic site which is zoned Cl and which could be used for development of some commercial service/office use without the benefit of any public hearing. CLOSE PUBLIC HEARING Chairman Hawes inquired if any one else wished to be heard. No one spoke further regarding the application. Motion by Commissioner Theis seconded by Commissioner Malecki to close the public hearing. The motion passed unanimously. Commissioner Lucht stated that he sympathized with the bitterness of the neighborhood residents over the Burger King development which had caused the City to change its ordinances to more effectively restrict such development. He pointed out that the proposed four plex use would be compatible with the surrounding uses in the area and would p pvide additional buffering for the residential neighborhood to the east from Burger King. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 81047 (Mel Boyd/Erlmar Properties) Motion by Commissioner Lucht seconded by Commissioner Theis to recommend approval of Application No. 81047, a request for rezoning of the south 40 feet of Lot 3, P.B.C. 1st Addition, from Cl to R4 on the grounds that the rezoning is consistent with the Rezoning Policy and Review Guidelines of Section 35-208 of the zoning Ordinance. The motion passed unanimously. APPLICATION NO. 81049 (Bob Ryan Oldsmobile) The Secretary introduced the next item of business, a request for site and building plan approval for the addition of a new car Mazda sales office and a used car sales office at 6700 Brooklyn Boulevard. The Secretary reviewed the contents of the staff report (See Planning Commission Information Sheet for Application No. 81049 attached) . The Secretary explained that the section of the information sheet dealing with signery was incorrect. He pointed out that a variance approved in 1975 allowed for a continuation of a roof sign on the main building at the Oldsmobile site in lieu of all other freestand- ing identification signery. Since roof signs are only allowed as a substitute for freestanding identification signs, he said, no addi- tional roof signs would be allowed. Therefore, he concluded, only wall signs can be permitted in the future. 7-16-81 -4- PUBLIC HEARING Fol owing a brief discussion among the Planning Commission regarding permitted signery, Chairman Hawes opened the public hearing and called on the applicant to speak. Mr. Steve Jensen, of Copartner- ship Architects, representing Bob Ryan Oldsmobile stated that the issue of the roof sign had already been resolved and that a wall sign meeting the City's Sign Ordinance restrictions has already been proposed for the used car sales building. He asked whether a variance would be required to run single-faced wiring above ground to the used car sales building, rather than under the concrete. The Building Official stated that no variance would be required for such an action. He explained that the electrical code requires simply a minimum 15 foot clearance where lines cross areas of vehicle traffic, and that City code does not require underground electrical wiring. CLOSE PUBLIC HEARING In that there was no one else to comment on the application, Chairman Hawes called for a motion to close the public hearing. Motion by Commissioner Manson seconded by Commissioner Malecki to close the public hearing. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 81049 (Bob Ryan Oldsmobile) Motion by Commissioner Theis seconded by Commissioner Malecki to recommend approval of Application No. 81049 , subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official prior to the issuance of permits. 2. The two upper floors and the New Car Sales Office approved under Application No. 81006 shall be equipped with an automatic fire extinguishing system in accordance with NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 3. The special use permit as amended is issued to the applicant as operator of the facility and is nontransferable. 4. The permit is subject to all applicable codes, ordinances, regulations and violation thereof shall be grounds for revocation. 5. Plan approval is exclusive of all signery which is subject to the provisions of the Sign Ordinance. 6. Plan approval acknowledges approval of Application No. 81006 as to location and exterior treatment of the new Mazda car sales office. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis, Manson, Lucht, Simmons and Ainas. Voting against: none. The motion passed unanimously. 7-16-81 -5- ADJOURNMENT Following as request by the Secretary to place a number of business items on the study meeting agenda for July 30, 1981, there was a motion by Commissioner Lucht seconded by Commissioner Simmons to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 9 :22 p.m. hairman 7-16-81 -6-