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HomeMy WebLinkAbout1981 08-27 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 STUDY SESSION AUGUST 27, 1981 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman William Hawes at 7:32 p.m. ROLL CALL Chairman William Hawes, Commissioners Molly Malecki, Richard Theis, Nancy Manson, George Lucht, Mary Simmons, and Lowell Ainas. Also present were Director of Planning and Inspections Ronald Warren, Assistant Director of Public Works James Grube, and Planning Assist- i ant Gary Shallcross. APPROVAL OF MINUTES — August 13, 1981 Chairman Hawes pointed out that Commissioner Lucht had not been noted as present in the roll call in the previous meeting. Motion by Commissioner Malecki seconded by Commissioner Theis to approve the minutes of the August 13, 1981 Planning Commission meeting as corrected. The motion passed unanimously. APPLICATION NO. 81059 (Gene Loftus) Following the Chairman' s explanation, the Secretary introduced the first item of business, a request for a special home occupation permit to perform small engine repair in the garage at 6300 Perry Avenue North. The Secretary reviewed the contents of the staff report (See Planning Commission Information Sheet for Application No. 81059- attached) . Commissioner Lucht asked whether there had been any complaints on the previously approved small engine repair operation. The Secretary answered that he was not aware of any. Chairman Hawes asked how long that home occupation had been in existence. The Planning Assistant answered that it was approved in 1973 or 1974. Commissioner Simmons stated that if welding is involved in the operation, the proposed 10 :00 p.m. shutdown was . too late on account of potential noise problems. The Secretary answered that the proposed hours of operation were certainly subject to change by the Planning Commission which can restrict operating hours to reasonable times. He stated that noise from a home occupation is difficult to regulate, but that the._. 10 :00 p,m. quitting time is a general guideline. He also noted that Sundays have, on occasion, been ruled out for home occupations. Com- missioner Simmons stated that the testing of small engines may involve quite a bit of noise which is not particularly desireable as late as 10:00 p.m. or as early as 6:00 a.m. as suggested in the conditions of approval. The Secretary clarified that no automobiles would be repaired under the home occupation. The Planning Assistant pointed out that the phrase in the staff report referring to welding as part of the home occupation is incorrect. - He stated that no welding would be involved. 8-27-81 -1- Chairman Hawes asked for a clarification of Condition No. 3 which stipulated that it must be possible for an automobile to be parked in the garage. The Secretary answered that the Zoning Ordinance does not specifically require that a car be stored in a garage. He pointed out that the wording came from the previous home occupa- tion approval. He also stated that garages are not required by the Zoning Ordinance and that other residential purposes such as storage can be made of accessory structures such as garages. Commissioner Theis suggested that as long as two off-street parking stalls can be provided outside of the garage, the ordinance requirement would be met. The Secretary agreed. Commissioner Simmons asked whether the condition relating to use of the garage was meaningless. The Secretary answered in the negative, explaining that a home occupa- tion must be a secondary and incidental use in an accessory structure, as well as in a principle. dwelling. Commissioner Simmons noted that Condition No. 4 prohibits noise from being perceptible beyond the premises and stated that this seemed to be an impossible condition to enforce. The .Secretary answered that the condition must be reasonably applied and that noise as a nuisance often depends on what time it occurs. Chairman Hawes stated that outside storage should be limited to something less than the accessory building. The Secretary answered that he would not oppose such a restriction. PUBLIC HEARING Chairman Hawes called on the applicant to speak. Mr. Loftus stated that he intended to erect a sign to advertise his service and alsod` that he wanted the right to sell a lawn mower if it would be a good buy. He stated that he would place the mower on the lawn in front of his house with .a For Sale sign. He also stated, with regard to the screening area around the outside storage, that he wished the freedom to put up a privacy fence around his yard without limiting it to a small area for the home occupation. He also stated that he did not anticipate any problems with noise if he did not test any engines at night. Chairman Hawes explained that the lawn mower on the front lawn would be part of the sign and would exceed the area restriction on home occupation signs of 2'h square feet. The Secre- tary added that a display of mowers is something denied to commercial uses and added that such an authorization should not be granted to a home occupation. The Planning Assistant pointed out that the reason for the condition prohibiting any sales from the premises was based on past precedence. He cited the vacuum cleaner business on Brook- lyn Boulevard and the previous small engine repair business, both of which were prohibited from selling any of the items which were repaired on the premises. Regarding outside storage, Commissioner Lucht suggested that items be contained within a 300 square foot area. The rest of the Com- mission agreed with this suggestion. There followed a very lengthy discussion of the hours of operation. Mr. Loftus stated that he would not test any engines during the time period of 10:00 p.m. to 6:00 a.m. Commissioner Simmons argued that the conditions should restrict testing of engines to fewer hours. Mr. Loftus stated that he would not be opposed to testing engines until- only 8:00 p.m. in the winter time, but would like. to have the freedom to test until 10:00 p.m. in the summer time, following the 8-27-81 -2- general pattern of when people go into their houses at the end of the day. Commissioner Theis stated that Condition No. 4, prohibi- ting noise from being perceptible beyond the premises, would cover any concern over engines being started at an unreasonable hour. # The rest of the Commission generally agreed with this interpretation. Chairman Hawes, however, preferred to change the prohibited hours from 6:00 a.m. to 8:00 a.m. and suggested shutting down at 9 :30 p.m. He asked Mr. Loftus if he planned on working on weekends. Mr. Loftus answered in the affirmative. ! Chairman Hawes asked whether any other persons present wished to speak to the application. Mr. Mayleben of 4901-63rd Avenue North stated that he had planned on objecting strenuously to the operation, but felt that he could live with the home occupation under the con- ditions laid down by the Planning Commission. He preferred that the hours of operatioh be from 8:00 a.m. to 8:00 p.m. Mr. Mayleben also , asked whether Mr. Loftus would be selling firewood to the general I public this winter. Mr. Loftus stated that he had no plans of selling firewood. Chairman Hawes asked Mr. Mayleben whether he would favor allowing the home occupation on weekends. Mr. Mayleben responded that he would prefer that no work be done on 'Sunday: CLOSE PUBLIC HEARING Motion by Commissioner Lucht seconded by Commissioner Malecki to close the public hearing. The motion passed unanimously. Commissioner Simmons stated that she agreed with Mr. Mayleben, that the City should limit the operation to a reasonable period of hours and not put the burden of policing on the neighbors. Commissioner Malecki agreed more with this point and suggested limiting the oper- ation from 8: 00 a.m. to 8:00 p.m. Commissioner Theis stated that the restriction against noise should probably be adequate, but that more restrictive hours could be attached to the conditions. He suggested shutting down earlier on Saturday night and prohibiting work on t Sunday. Commissioner Lucht stated that he still had no problem with the way the recommendation was originally written. He did not feel that the Planning Commission could restrict Sunday work nor should it try to anticipate the neighbors' -feelings too much. Commissioner Simmons argued for restricting the operation on Sunday. The Planning Assistant stated that the Sunday restriction has gen- erally been voluntarily proposed by businesses which draw traffic j to a residence. He also stated that there could be an issue of separation of Church and State, that by prohibiting work on Sunday the Planning Commission would be upholding a religious, as opposed to zoning, principle. Commissioner Manson stated that she felt the hours in the staff report are adequate and that the neighbors w * would probably have to notify the City if those hours are abused. She recommended relying on the applicant to use his common sense when testing repaired engines. -­". I ACTION RECOMMENDIN AP OVAL OF APPLICATZO NO. 81059 (Gene Loftus) Motioj by Commissi her Ainas seconded by issioner Lucht to recom- ri5 toval of Application No. 81059. Tie conditions of approval �r `discussed point by point among the Punning Commission. The following conditions were finally agreed to: 1. The permit is issued to the applicant as operator of the business and is nontransferable. 8-27-81 -3- 2. The permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 3. The garage in which the home occupation is con- ducted shall be used primarily for residential purposes, i.e. for the parking of an automobile. 4. 1 Noise from the home occupation shall not be perceptible beyond the premises. 5. There shall be no outside storage of repair items unless such items are fully screened from public view by a 6' high opaque fence. The total area for such outside storage shall not be greater than 300 square feet. 6. The garage wall nearest the house and 4' of the ceiling closest to the house shall be sheetrocked and a five pound fire extinguisher shall be in- stalled in the work area as per recommendation of the Building Official. 7. There shall be no retail sale of items from the premises. 8. Signery associated with the home occupation shall be subject to the provisions of the Sign Ordinance. 9. The operation shall not be conducted during the hours from 10:00 p.m. to 8:00 a.m. seven days per week. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis, Manson, Lucht and Ainas . Voting against: Commissioner Simmons. he motion passed. Commissioner Simmons explained that her negative vote was based on her feeling that the hours of operation were 'too unrestricted for a 15 to 20 hour a week home occupation. APPLICATION NOS. 81061 and 81060 (DeVries Builders) The Secretary introduced the next item of business, preliminary plat and site and building plan approval for Phase 3 of the Earle Brown Farm Estates. He reviewed the contents of the staff report (See Planning Commission Information Sheet for Application Nos. 81061 and 81060 attached) . Following the staff report, Commissioner Theis noted that the lots in Phase 1 and 2 were not offset by 4' along the line of the town- house units as proposed in Plat 3. The Planning Assistant explained that this was an error in the submitted survey, that the individual lots in Phase 1 and Phase 2 are offset just as in Phase 3, but that this has not been reflected by the survey. PUBLIC HEARING Chairman Hawes then opened the meeting for a public hearing. Seeing that no one was present to comment on the application, he called for a motion to close the public hearing. 8-27-81 -4 CLOSE PUBLIC HEARING Motion by Commissioner Lucht seconded by Commissioner Manson to close the public hearing. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 81061 _ (DeVries Builders) Motion by Commissioner Malecki seconded by Commissioner Theis to recommend approval of Application No. 81061, subject to the follow- ing 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. Homeowners Association documents for all phases of the development are subject to approval by the City Attorney prior to final plat approval of each phase. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis, Manson, Lucht, Simmons and Ainas . The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 81060 (DeVries Builders) Motion by Commissioner Manson seconded y Commissioner Malecki to recommend approval of Application No. 81060, subject to the follow- ing conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure com- pletion of approved site improvements for Phase 3 prior to the issuance of building permits. 4. Any outside trash disposal facilities shall be appropriately screened from view. 5. All common parking and driving areas shall be surrounded by B-612 curb and gutter as shown on the approved drainage and grading plans. 6. Plan approval acknowledges a master plan for all phases of the Earle Brown Farm Estates Townhouse project. However, each additional phase is subject to preliminary plat approval and site and building plan approval by the Planning Commission and City Council. 8-27-81 -5- . 7. The developer shall take adequate measures to control dust and debris during construction. A viable turf shall be established and maintained in these areas subject to future development. $. Phase Three of the Earle Brown Farm Estates shall be included in the single Homeowners Association for the entire development. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis, Manson, Lucht, Simmons and Ainas . Voting against: none. The motion passed unanimously. APPLICATION NOS. 81062, 80038, 80039 (Inter-City Oil Company and K-Mart Corporation) The. Secretary introduced the next item of busine' ss, a request for site and building plan and special use permit approval to make various site improvements and to improve and operate the gas station and auto center at 3600-63rd Avenue North. The Secretary reviewed the contents of the staff. report concerning the applications (See Planning Commission Information Sheet for Application Nos. 81062, 80038 and 80039 attached) . Following the presentation by the Secretary, the Assistant Director of Public Works reviewed with the Planning Commission the recommenda- tions for parking lot improvements and access revisions at the site as recommended by staff and Minnesota Department of Transportation. The Assistant Director of Public Works explained that the middle driveway on Brooklyn Boulevard should be relocated southward by roughly 30 ' as recommended under the previous Planning Commission recommendation for Application No. 80038. He added that the MNDOT recommendations for revisions to this access included: providing curbing easterly from the south curb return of the middle access to eliminate crossover traffic from the gas station to a possible restaurant to the north; extend the median nose in Brooklyn Boulevard by 40' northerly (under MNDOT permit) to eliminate left turn move- ments into and out of the access point; and to forgo the installation of the deceleration lane, south of the middle access. In addition, he explained that the staff have recommended that the major driving lanes within the parking lot be delineated with concrete curbing rather than striping. Chairman Hawes asked when the extension of the median in Brooklyn Boulevard would have to be accomplished. The Assistant Director of Public Works stated that K-Mart would probably do the work next con- struction season under permit by MNDOT. Chairman Hawes asked whether it would still be necessary to move the middle access southward if the median in Highway 152 were extended northward. The Assistant Director of Public Works answered in the affirmative, explaining that such a revision would be necessary to prevent U turns in Brooklyn Boulevard. Commissioner Theis noted that the curbing extending from the south curb return of the middle access would inhibit traffic moving into the main lot from the northwest corner of the site. The Assistant Director of Public Works agreed and explained that this would have to be accommodated in some fashion. Commissioner Simmons stated that the gas station at the corner of 63rd and Brooklyn Boulevard is a serious traffic problem and should 8-27-81 -6- never have been approved. Chairman Hawes suggested that perhaps angle parking within the lot would guide traffic in such a manner as to allow for access to the gas station from the middle curb opening and at the same time prevent northbound movements from the gas station to a proposed restaurant at the northwest corner of • the site. He also stated that the proposed striped delineation was unacceptable to him. Commissioner Malecki asked what accesses are across from the proposed access on 63rd. The Assistant Director of Public Works answered that he was not positive without seeing a larger layout of the area, but that it was probably an access to the fire station/liquor store on the south side of 63rd. He stated that this would be reviewed in further detail with the applicants. PUBLIC HEARING Chairman Hawes then opened the meeting for a public hearing and called on the applicant to speak. Mr. Robert Stahl, representing K-Mart Corporation, acknowledged that the plan submitted needs re- vision and agreed to the tabling recommendation by staff. He ex- plained to the Planning Commission that the cost of making the pro- posed improvements would be $200,000.00 and that any additional improvements would cost more. He stated that the reason for pro- posing a restaurant was to raise money (by selling land for the restaurant) to defray cost associated with the parking lot and access improvements. He- concluded by saying that he wanted to have a safe shopping center and would work with the staff to come up with the best arrangement to meet that goal. Chairman Hawes asked whether there were others present to comment on the application. Although there were none at that time, the Chairman decided to continue the public hearing until the next meeting. Chairman Hawes then polled the Planning Commission re- garding the access and parking lot improvements. All Commissioners agreed with the general direction pursued by the staff and by MNDOT. -Commissioners Ainas, Manson and Chairman Hawes left open the possi- bility of a oneway lane going to the gas station if this can be worked out. Next, the Planning Commission discussed the gas station canopy, as to whether it could be permitted under Section 35-111 of the Zoning Ordinance pertaining to nonconforming uses. Commissioner Ainas stated that he had no objection to the canopy itself, but was not sure if it would be permitted under Section 35-111, since that section prohibits structural alterations or additions to noncon- forming uses. He stated that the canopy modification is obviously a structural alteration. The Secretary acknowledged that this was a basic question. He stated that the canopy is an accessory structure and that the gas station is nonconforming, not because of the canopy, but because of the abutment with R-1 property at a street line and a property line. He explained that nonconforming uses have the right to continue, but that there are restrictions as to what can be changed or expanded, as governed by Section 35-111. Commissioner Lucht stated that the operation has a right to continue as a non- conforming use and that the canopy might as well be improved. Commissioner Manson pointed out that the canopy would not bring about an increase in the actual use, which is the gas station. Com- missioner Malecki stated she was not sure the improvement of the canopy would not violate Section 35-111, Subsection 3 prohibiting structural alterations, but she added that if the gas station is going to continue, it might as well be improved. Commissioner Theis stated that he would like to see the canopy improved, but asked 8-27-81 -7- whether it was attached to the building. Mr. Ken Wingard, repre- senting Inter-City Oil Company, explained that the canopy is not attached to the building. He pointed out that canopies tend to facilitate the self-service gas station operation. He also stated that he intended to clean up and paint the existing building, but would make no structural changes to the gas station itself. Commissioner Lucht'stated that in his opinion, the canopy is acces- sory to the gas station and that, in the event that 60% of the primary structure were destroyed, the nonconforming use would have to cease. He explained that he did not consider the canopy as counting in this calculation of 60% destruction. Chairman Hawes stated that he agreed with this interpretation. He said that he did not consider this an increase of the land use, but. rather a remodeling of an existing situation. He pointed out that berming and sprinkling around the site would be required under the approval of Application No. 80038. The Secretary explained that sprinkling would be required in landscaped areas, but that berming was not in- cluded in the approved landscape plan under Application No. 80038. Chairman Hawes clarified to the applicants that they were under a two year time restriction to re-occupy the structure. If it were not re-occupied within the two year period from the time it was abandoned in 1980, it would have to be eliminated or occupied by another conforming use. He stressed this point in particular be- cause more than one year had passed since the gas station use had been abandoned by Shopper' s City and no plan had yet been approved. ACTION TABLING kPPLICATION NOS. 81062 , 80038 and 80039 (Inter-City Oil Company and K-Mart Corporation) Motion by Commissioner Lucht seconded by Commissioner Theis to table Application Nos. 81062, 80038 and 80039 pertaining to the site at 3600-63rd Avenue North with direction to staff and the applicant to work out a plan consistent with MNDOT recommendations concerning access and staff recommendations concerning parking lot revisions. The motion passed unanimously. DISCUSSION ITEM (Group Lessons as Home Occupations) The Secretary next introduced a discussion item for consideration by the Planning Commission. He reviewed a memo prepared by the Planning Assistant concerning group lessons as home occupations. He stated that the primary reason for the limitation of four students in a group lesson situation was to limit traffic to a particular residence as much as possible. He explained that the ordinance presently allows for two parking spaces in addition to those required for the persons residing on the premises. This, he said, could be interpreted as two on-street parking stalls, since the ordinance only required two off-street parking stalls for each residence. He stated that the concern is apparently not for safety since the State has mandated that up to ten children may be involved in a home day care center. He suggested possibly controlling the group lesson home occupations through allowing two on-street parking stalls and up to ten students. Mrs. LaVonne Malikowski of 5509 Logan Avenue North briefly addressed the Commission. She stated that she had room for six cars on her driveway and that she would be happy to have ten students as recom- mended by the staff memo. She again explained that her classes would 8-27-81 -8- be from 7:00 p.m. to 10:00 p.m. five nights a week during the three ten week sessions of the year. Commissioner Simmons stated that she felt a limit of ten students and two on-street parking stalls was realistic. Commissioner Theis, on the other hand, stated that an ordinance change in line with the staff memo could allow up to eight to ten cars at a residence on a regular basis. He stated that he would oppose such a loose limit on the grounds that so many cars would undermine the residential character of the R-1 district. There followed a lengthy discussion in which the issue of parking was thoroughly discussed. Most of the Commissioners stated they had no opposition to allowing ten students, but Chairman Hawes, along with Commissioner Theis expressed concern regarding the possiblity of ten cars being parked in association with group lesson home occupations. Other Commissioners expressed less concern regarding the parking issue. Commissioner Simmons left at 10 :20 p.m. MOTION TO DIRECT STAFF TO PREPARE ORDINANCE LANGUAGE Motion y Commissioner Ainas seconded y Commissioner Lucht to direct staff to prepare language to limit the number of students in a group lesson home occupation to those which can be accommodated by two on- street parking stalls with no limit on the actual number of students. Commissioner Lucht withdrew his second. MOTION TO DIRECT STAFF TO PREPARE ORDINANCE LANGUAGE Motion by Commissioner Ainas seconded by Commissioner Lucht to allow I ten students in a group lesson home occupation provided there are no more than two on-strut parking stalls . Voting in favor: Commissioners Malecki, Lucht and Ainas. Voting against: Chairman Hawes and Commissioner Theis. Not voting: Com- missioner Manson. Following further discussion, Commissioner Manson decided to vote against the motion. The Secretary took note of the fact that most all Commissioners had no objection to allowing ten students and that Commissioner Simmons had expressed approval of the original concept before leaving. He suggested to the Planning Commission that staff prepare at least two drafts for consideration at the next Planning Commission meeting. There was general agreement that this would be helpful. ADJOURNMENT Motion by Commissioner Theis seconded by Commissioner Manson to ad journ the meeting of the Planning Commission. All those present voted in favor. The Planning Commission adjourned at 10:56 p.m. r C airman 8-27-81 -9- 1 1 1