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HomeMy WebLinkAbout1982 01-14 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 JANUARY 14, 1982 CITY HALL CALL TO ORDER 1981 PLANNING COMMISSION The 1981 Planning Commission was ca ed to order by Chairman William Hawes at 7:33 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 City Engineer James Grube and Planning Assistant Gary Shalicross. APPROVAL OF MINUTES - December 10 , 1981 j Motion by Commissioner Malecki seconded by Commissioner Lucht to approve the minutes of the December 10 , 1981 meeting as submitted. The motion passed unanimously. Chairman Hawes and Commissioner Theis then expressed their enjoyment of the four years that they had spent on the Planning Commission and thanked the staff and other Planning Commission members for the experience. ADJOURN 1981 PLANNING COMMISSION Motion by Commissioner Theis seconded by Chairman Hawes to adjourn the 1981 Planning Commission. The motion passed unanimously. t ADMINISTER OATH OF OFFICE The Secretary then admi.nistered .the oath of office to Carl Sandstrom and Richard Hager, who had volunteered to serve on the Planning Commission. CALL TO ORDER 1982 PLANNING COMMISSION The 1982 Planning Commission met i.n regular session and was called to order by Chairman Pro tem George Lucht at 7 :38 p.m. ROLL CALL 1982 PLANNING COMMISSION C airman Pro tem George Lucht, Commissioners Molly Malecki, Nancy Manson, Mary Simmons, Lowell Ainas, Carl Sandstrbm and Richard Hager. ELECTION OF 1982 PLANNING COMMISSION CHAIRMAN C airman Pro tem George Lucht declared that the first matter of business-,was to elect the 1982 Planning Commission Chairman. He opened the ;floor for nominations. Commissioner Malecki nominated Commissioner Nancy Manson to be 1982 Planning Commission Chairman. Her nomination was seconded by Commissioner Simmons. Commissioner Ainas nominated Commissioner George Lucht to be the 1982 Planning Commission Chairman. The nomination was seconded by Commissioner Sandstrom. 1-14-82 -1- CT►�OSE,NOMINATIONS C airman Pro tem Lucht asked three times whether there were any furthe,� nominations. There being none, there was a motion by Com- missioner Malecki seconded by Commissioner Ainas to close the nom- inations. The motion passed unanimously. The Planning Commission then voted for its 1982 Chairman. Voting for Commissioner Nancy Manson were: Commissioners _Malecki, Manson and Simmons. Voting for Commissioner Lucht were: Commissioners Lucht,, Ainas, Sandstrom and Hager. Commissioner Lucht was elected 1982 Planning Commission Chairman. ELECTION OF 1982 PLANNING COMMISSION CHAIRMAN PRO TEM Commissioner Malecki nominated Commissioner Nancy Manson to be the 1982 Planning Commission Chairman Pro tem. The nomination was seconded by Commissioner Simmons. CLOSE NOMINATIONS Chairman Lucht asked three times whether there were any further nominations. There being none, there was a motion by Commissioner - Malecki seconded by Commissioner Sandstrom to close nominations. The motion passed unanimously. Those voting in favor of Commissioner Manson to be the 1982 Planning Commission Chairman Pro tem were: Chairman Lucht, Commissioners Malecki, Manson, Simmons, Ainas, Sandstrom and Hager. Commissioner Manson was elected Chairman Pro tem unanimously. APPLICATION NO. 82001 (William Dale) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for preliminary plat approval to resubdivide the land at 4815 France Avenue North and the vacant parcel to the west by shifting the common property line eastward to the Dale Tile parking lot. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet' for Application No. 82001 attached) . PUBLIC HEARING Chairman Lucht then opened the meeting for a public hearing. Mr. William Dale stated that he had nothing to add to the staff report. Chairman Lucht asked whether anyone else present wished to speak on the application. There being none, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Malecki seconded by Commissioner Manson to close the public hearing. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 82001 (William Dale) Motion by Commissioner Sandstrom seconded y Commissioner Hager to recommend approval of Application No. 82001, subject to the. following 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 plat shall be modified prior -to consideration 1--14-82 . -2- by the City Council to indicate dedication of an easement for right-of-way purposes at the south edge of Lot 1 prior to final plat approval. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Simmons, Ainas, Sandstrom and Hager. The motion passed unanimously. APPLICATION NOS. 82002 and 82003 (Donald Stark) The Secretary introduced the next item of business, a request for preliminary plat approval to subdivide a 100 ' x 200 ' vacant R1 lot south of 56th Avenue North on the east side of Camden Avenue North and a request for a variance from the Subdivision Ordinance Section 15-106:g.2(dd) to allow two residential lots with a depth of less than 1001 . The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application Nos. 82002 and 82003 attached) . He explained that the easement on the south side of Lot l would not be a public easement, but rather an easement from Lot 1 to Lot 2, so that sewer, water and gas service lines can be installed. He also explained that the vacant land between Lot 2 and the 56th Avenue North cul-de-sac is owned by the Highway Department and can be considered right-of-way for all practical purposes, since it will most likely be transferred to the City once highway construction is complete. The Secretary went on to state that the Engineering Department recommends an additional easement for power lines on the west side of Lot 2, either a 25 ' easement for overhead wires directly through the lot or a 10' wide easement for underground wires around the perimeter of the lot. He noted that the latter proposal would require the relocation of existing power lines . He added that only R1 uses would be permitted on the two lots. Commissioner Simmons asked whether Mr. Stark would be able to build on his property before the freeway construction is completed. She pointed out that surrounding neighbors" abutting" the freeway have to wait until the freeway is constructed before they can purchase excess right-of-way land and make use of it. She also asked how Mr. Stark was able to hang onto his property when other people's lots were taken. The Secretary reviewed the area taken by Mn/DOT for freeway right-of-way. He explained that these lots all had access onto''4th Street or were immediately adjacent to the freeway corridor. He explained that Mr. Stark's property had access onto Camden Avenue North and, therefore, it was unnecessary to take more than the minimum amount. He explained that Mn/DOT cannot always only acquire the land that they need, but may have to take entire lots so that unbuildable remnant parcels do not remain. Commissioner Simmons recalled that the other lots abutting the freeway had been owned by Mr. Stark and were sold by him to the Highway Department. Mr. Stark acknowledged this. Commissioner Simmons asked whether the extra land between the 56th Avenue North cul-de-sac and Lot 2 would be used for snow storage . The Secretary responded in the affirmative and explained that the land was presently owned by Mn/DOT and would be given to the City after highway construction is completed, and that, therefore, the property is essentially right-of-way. He stated that there was no real need for an easement across this property to the proposed Lot 2 because of its use as right-of-way. The Assistant City Engineer briefly discussed the proposed 10' utility easement on the south side of Lot 1. He stated that because 1-14-82 -3- private sewer, water and gas utility lines would be placed in the easement, he recommended that the easement be widened to 20 ' . The Secretary pointed out that a 20' wide easement would not have a major effect on locating a building on the property: PUBLIC HEARING (Application No. 82002) Chairman Lucht then opened the meeting for a public hearing. A Mr. Ronald Ross of 520-56th -Avenue North asked the Commission whether a building on Lot 2 would be the only instance of two houses between Camden Avenue North and the freeway. The Assistant City Engineer pointed out that there was more than one house between Camden and the freeway facing 55th. Mr. Ross asked whether the City would ever put in 4th Street between Camden and the freeway. After some dis- cussion of the circumstances, the Secretary stated that it was very unlikely that- a street could be put in which would serve property between the freeway and Camden. He stated that there simply was not enough room for a street and buildable sized lots. CLOSE PUBLIC HEARING Motion by Commissioner Simmons seconded by Commissioner Manson to close the public hearing. The motion passed unanimously. PUBLIC HEARING (A lication No. 82003) Chairman Lucht ten opened the meeting for a public hearing regarding Application No. 82003, the variance request. He asked whether anyone present wished to speak on the application. No one addressed the Commission. CLOSE PUBLIC HEARING Motion by Commis loner Manson seconded by Commissioner Malecki to close the public hearing. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 82002 (Donald Stark) Motion by Commissioner Malecki seconded by Commissioner Sandstrom to approve Application No. 82002, subject to the following conditions: 1. The final plat is subject to review and approval . by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances, with the ex- ception of the lot depth requirement. 3. A proposal for a power line easement over Lot 2 which may include the relocation of existing power lines shall be submitted prior to con- sideration by the City Council of the preliminary plat, 4. The private utility easement along the south side of .Lot 1 shall be widened to 20 ' f Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Simmons, Ainas, Sandstrom and Hager. Voting against: none. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 82003 (Donald Stark) Motion b y Commissioner Manson seconded y Commissioner Sandstrom to recommend approval of Application No. 82003 on the grounds that the Standards for Subdivision Ordinance Variances are met based on the 1-14-82 -4- following: ] : The two lots meet the requirement for width and - area and make appropriate use of land served by two access points . 2. The size of the existing parcel was determined by taking of land for public right-of-way. 3. The variance will not cause a detriment to surrounding properties. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Simmons, Ainas, Sandstrom and Hager. The motion passed unanimously. APPLICATION NO. 82005 (James Madden/Earle Brown Bowl) The Secretary introduced the next item of business, a request for site and building plan and special use permit approval to expand the bar and lounge at the Earle Brown Bowl at 6440 James Circle. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 82005 attached) . The Secretary also reviewed the seating layouts inside the restaurant and lounge and the bowling alley existing prior to late Deceinber of 1981, those in effect at present, and those proposed by the applicant for approval. There followed a discussion regarding restriping the parking lot to conform with the Proof-of-Parking plan submitted by the applicant. The applicant assured the Commission that he intended to restripe the parking lot during the summer of 1982 and would not oppose a condition requiring such restriping during that time. Commissioner Malecki asked whether the trash containers for the bowling alley were enclosed. The Secretary responded in the affirmative. The Secretary briefly pointed out that three handicapped parking stalls on the Proof-of-Parking plan would have to be relocated closer to the building to meet Building Code requirements . He also explained that the staff recommended deferring the seven stalls along the north side of the parking lot west of the bowling alley, because installation would cut into a large berm along Freeway Boulevard. He stated that if parking problems arose, with cars parking on James Circle and/or Freeway Boulevard, the City could require that at least the seven additional stalls be put in. Commissioner Hager was somewhat puzzled as to why the stalls were deferred, whether they were required, or on what basis they would be required. Chairman Lucht explained that deferral of parking stalls is sometimes approved because the Commission has no desire to see a "sea of blacktop" simply for the sake of meeting parking requirements. The Secretary explained that the parking re- quirements must at least be met through a proof-of-parking. He noted that the parking requirements are not only to provide adequate parking, but also effectively control the density of structures per- mitted on a given amount of land. PUBLIC HEARING Chairman Lucht then opened the meeting for a public hearing. Com- missioner Malecki asked whether the dance floor was comprehended under the existing special use permit for the bowling alley. The Secretary answered that the bowling alley does have a special use permit for live entertainment and that the dance floor would be 1,14-82 -5- comprehended under that permit. CLOSE PUBLIC HEARING There being no other comments from those present in the audience regarding the application, there was a motion by Commissioner Malecki seconded by Commissioner Manson to close the public hearing. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 82005 (James Madden/Earle Brown Bowl) Motion by Commissioner Ainas seconded by Commissioner Sandstrom to � recommend approval of Application No. 82005, subject to the following conditions: i E 1. The amended Special Use Permit is issued to the j owner as operator of the facility and is nontransferable. 2. The amended Special Use Permit is for the expansion of the facility and comprehends all applicable con- ditions of the original approval granted under Planning_Commission Application No. 78023. 3. Building plans are subject to review and approval ' by the Building Official with respect to applicable codes prior to the issuance of building permits. 4. 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 building permits to assure completion of approved site improvements 5. Plan approval comprehends a "Proof-of-Parking" showing that ordinance required parking can be installed on the site. - Restriping of the lot to the "Proof-of-Parking" shall be accomplished by midsummer of 1982 . Construction of the seven additional stalls on the north side of the westerly parking lot may be deferred unless it is determined by the City Manager that the stalls are necessary to accommodate parking needs . 6. The north exit onto James Circle shall be eliminated and two additional parking stalls constructed. B-612 curb and gutter shall .be installed to match the existing curb and gutter and the area shall be landscaped. 7. Plans shall be modified prior to consideration by the City Council to include the following: a. a sidewalk from the north entrance to connect with existing sidewalk on Freeway Boulevard. b. a sidewalk from the north entrance to the westerly parking lot. c. the building elevations shall be modified to eliminate the existing canopy that is a part 1-14-82 -6- of the existing entrance. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Simmons, Ainas, Sandstrom and Hager. Voting against: none. The motion passed unanimously. RECESS The Planning Commission recessed at 9 :13 and resumed at 9:34 p.m. Upon resumption of business, Chairman Lucht stated that Commissioner Simmons had asked to be excused from the meeting because she was ill. APPLICATION NO. 82006 _(Farrell 's) The Secretary introduced the next item of business, a request for special use permit approval to convert a 17' x 28' dining room into a game room for use by restaurant patrons at 5524 Brooklyn Boulevard. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 82006 attached). Following presentation of the staff report, Chairman Lucht -asked Mr. Tom Schlueter, the manager of the Farrell's Restaurant, whether he had anything to add. The applicant stated he had no additional comment. PUBLIC HEARING Chairman Lucht then opened the meeting for a public hearing and asked whether anyone present wished to comment on the application. There being none, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Sandstrom seconded by Commissioner Hager to close the public hearing. The 'motion passed unanimously. ACTION ,RECOMMENDING APPROVAL OF_ APPLICATION NO. 82006 (Farrell's) Motion by Commissioner Malecki seconded by Commissioner Manson to recommend approval of Application No. 82006, subject to the following conditions: 1. The permit is issued to the applicant as operator of the facility and is nontransferable. 2. The permit is subject to all codes, ordinances and regulations, and any violation thereof shall be grounds for revocation. 3. House rules shall be posted and strictly enforced and a copy of said rules shall be kept on file with the City. 4. Should the game room be reconverted to a dining area at some time in the future, the seating capacity of the restaurant shall be subject to the parking re- quirements in effect at such time and no claim to the seating capacity existing prior to the .operation of the game room shall be valid. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Anas, Sandstrom and Hager. Voting against: none. The motion passed. 1-14-82 -7- P.PPLICATION NO. 82007 (United Artists Theatre) T Ti e Secretary introduced t e next item of usi.ness, a request for special use permit approval to ;operate and maintain five electronic games in the lobby of the United Artists Theatre at 5810 Shingle Creek Parkway. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No., 82007 attached) . Following presentation of the staff report, Chairman Lucht asked the applicant whether he had anything to add. The applicant, Mr. Jerry Siegel, stated he had no further comment. PUBLIC HEARING Chairman Lucht then opened the meeting for a public hearing. There being no one else present to speak on the application, the Chairman called for a motion to close the public hearing. Motion by Com- missioner Manson seconded by Commissioner Sandstrom to close the public hearing. The motion passed unanimously. Commissioner Sandstrom asked what type of games would be installed in the lobby. Chairman Lucht answered that the games would be video games such as space invaders, etc. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 82007 (United Artists Theatre) Motion by Commissioner Ainas seconded by Commissioner Malecki to recommend approval of Application No. 82007, subject to the following conditions: 1. The permit is issued to United Artists as operator of the facility and is nontransferable. 2. The permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 3. House rules shall be posted in the vicinity of the games and strictly enforced and a copy of said rules shall be kept on file with the City. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Ainas, Sandstrom and Hager. The motion passed. OTHER BUSINESS The Secretary briefly asked the Planning Commission for permission to put one business item on the study meeting for January 28, 1982. There was no objection. Chairman Lucht added that the Planning Commission would have to assign the liaisons to the Neighborhood Advisory' Groups at that meeting. DISCUSSION ITEM a. Licensing Ordinance for Amusement Centers and Devices The Secretary explained to the Planning Commission that a draft ordinance was in the process of being developed regarding the licensing of amusement centers and devices within' Brooklyn Center. He stated that the draft has been collated from ordinances in effect in other 'cities. He stated that he would recommend controlling games in certain locations and not to use the zoning procedure of 1-•14-82 -8- Special Use Permits for a small number of games, such as the case ` of the United Artists Theatre. He stated that there may be certain instances where games should not be allowed at all, possibly when abutting any residential property. He cited the problems the City has had with two game operations in the Humboldt Square shopping center. He also observed, on the other hand, that the Picadilly Circus in Brookdale shopping center has not been a problem over the' years. He stated that this may be because the Humboldt Square is in a basically residential neighborhood, whereas Picadilly Circus. is surrounded by commercial uses. He =stated that the new ordinance must define what a game room is and not require a special use permit approval for less than a certain number of games. Commiss=ioner Ainas asked whether determination of whether the games constitute the principle or a secondary use would decide whether a special use permit is required. The Secretary answered that how an establish- ment operates is not the only concern, but also where it is located. He stated that location might be a factor in the special use require- ments. Whether a game room or group of electronic games is 'a primary or secondary use would have to be determined on a case by case basis, he said. He stated that the draft ordinance recommended the licensing of individual machines, game vendors and Amusement Center operators. Mr. Barry Kane of Advance Carter Company briefly addressed the Commission. He stated that he agreed with the Planning Commission's and the staffs ' concern that a, licensing ordinance be adopted to more strictly control the operation of games in Brooklyn Center. He stated that he would like to help staff develop an ordinance which would be strict because the industry wishes to promote electronic games as healthy entertainment and not to allow bad operations to give the industry a bad name. Commissioner Ainas stated that he had observed The Circus in Brooklyn Park. He noted that the management in the establishment is tough, but that teenagers who come to The Circus will go to the parking lot to buy and sell drugs or marijuana. There followed a brief discussion of miscellaneous aspects of the game ordinance question. Commissioner Sandstrom observed that a high fee would not control the abuse of game rooms so much as con- trolling the number and location of games. Commissioner Hager also suggested that the fee could be kept low, but that an operator would be liable to have his license revoked if more than perhaps three police calls were made to an establishment with a year's time. Commissioner Ainas stated that he had no reluctance to charge a high license fee because most of the games produced in the country are made and distributed by Bally Manufacturing which, he said, is con- trolled by organized crime. ADJOURNMENT Motion by Commissioner Sandstrom seconded by Commissioner Hager to adjourn the Planning Commission. All those present voted in favor. The Planning Commission adjourned at 10:20 p.m. Cbairman 1-14-82 -9- Application Nos. 82002 and 82003 continued It should be noted that all utilities serving the easterly lot (Lot 2) will be brought in through an easement along the south side of Lot 1 . The easement is proposed to be 10' wide; however, the City Engineer has advised that a 20' wide easement may be necessary unless cast iron pipe is installed for the sanitary sewer. Such an easement would have no real effect on the buildability of Lot 1 . since that parcel is almost 100' wide. We are unable at the writing of this report to comment on the drainage of, the site because no topographic survey has yet been submitted. We hope to have this information'by Thursday night's meeting. Access to 56th Avenue North is also through a driveway easement traversing land presently owned by the Highway Department. Subject to this review, the plat seems to be in order and approval is recommended subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances , with the exception of the lot depth requirement. Approval of Application No. 82003 for a variance from the Subdivision Ordinance 4 is also recommended on the following grounds: 1 . The two lots. meet the requirement for width and area and make appropriate use of land served by two access points. 2. The size of the existing parcel was determined by taking of land for public right-of-way. 3. The variance will not cause a detriment to surrounding properties. . r I 1-14-82 -2-