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HomeMy WebLinkAbout1982 04-15 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 ,�kPRIL i5, 1982 CITY FALL CALL TO ORDER The _P anns.ng Commission met in regular session and was "called to order by Chairman George Lucht at 7:33 p.m. ROLL CALL Chairman George Lucht, Commissioners Molly Malecki, Nancy Manson, Mary Simmons, Lowell Ainas, Carl Sandstrom and Donald Versteeg. Also present were Director of Planning and Inspections Ronald Warren, Assistant City Engineer James Grube, and Planning Assistant Gary Shallcross Chairman Lucht then presented Commissioner Ainas with a certificate of appreciation from the Rotary Club. Commissioner Ainas received it gratefully. APPROVAL OF MINUTES- - March 25, 1982 Motion by Commissioner Sandstrom seconded by Commissioner Manson to approve the minutes of the March 25, 1982 Planning .Commission meeting as submitted.: Voting in favor: Chairman Lucht, Commis- sioneis Malecki, Manson, Simmons,= Sandstrom and Versteeg. Voting against: none. Not voting: Commissioner Ainas. The motion passed. APPLICATION NOS`. 82008 and 82016 (Bergstrom Realty) Following the Chairman's explanation, the Secretary introduced the ,first two items of -business, a request for rezoning of the land within the 1300 block on the south side of 69th Avenue North from C2 to R3, and a request for preliminary plat approval to subdivide the land in question into 28 townhouse lots, and one common area and 6 outlots. The Secretary reviewed the staff report (see Planning, Commission Information Sheets for Application Nos. 82008 and 82016) .. He also reviewed a draft resolution recommending amendment of the existing and proposed Comprehensive Plans and a resolution recommending approval of Application No. 82008. The Assistant City Engineer briefly reviewed drainage aspects of the proposed plat and grading .plan (see points 5, 6, 7 and 10 of memo from James Grube attached) . Finally, the Secretary reviewed the conditions pertaining to the plat. PUBLIC HEARING Chairman Lucht then opened the meeting for a public hearing on the proposed,Comprehensive Plan Amendment. - He asked if anyone present "wished to comment on the proposed amendment. Mr. James Merila of Merida and Associates, representing Bergstrom Realty, stated that the staff review of the application had been thorough and he added that the applicant would appreciate a favorable action on the rezoning CLOSE PUBLIC HEARING Hearing no other comments regarding the Comprehensive Plan Amend- ment,' Chairman Lucht called for a motion to close the public hearing. 'Motion by Commissioner Malecki seconded by Commissioner SafiaArom 4-15-92 -1- to close the'public hearing. The motion passed unanimously. RESOLUTIONS_ RESOLUTION NO.' ''82-1 Member Nancy Mansbn 'introduced the following resolution and moved its adoption: RESOLUTION- RECOMMENDING AMENDMENT OF COUNCIL RESOLUTION NO. 66-298, (COMPREHENSIVE PLAN) RELATIVE TO COMMERCIAL ZONED LAND IN SOUTHEAST QUADRANT OF 69TH AND HUMBOLDT AVENUES NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Lowell Ainas, and upon vote being taken thereon, the following voted in favor thereof: George Lucht, Molly Malecki Nancy Manson, Mary Simmons, Lowell Ainas,Carl Sandstrom,and Donald Versteeg; and the .following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82-2 Member Molly Male—c-01.7 a -ec i introduced the following resolution and moved its adoption: RESOLUTION REGARDING RECOMMENDED DISPOSITION OF APPLICATION NO. SUBMITTED BY BERGSTROM REALTY 'COMPANY The motion for the adoption of the foregoing resolution was duly seconded by member Carl Sandstrom, and upon vote being taken thereon, the following voted -in favor thereof: George Lucht, Molly Malecki, Nancy Manson, Mary Simmons, Lowell Ainas, Carl Sandstrom and Donald Versteeg; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PUBLIC HEARING C airman uc t then opened the meeting for a public hearing on L Application No. 82016 , the preliminary plat. He asked if anyone present wished to comment on the application. Hearing none, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Ainas seconded by Commissioner Malecki to close the public hearing. The motion passed unanimously. Chairman , Lucht then asked whether there was any further discussion of the proposed plat. There being none, he called for a motion regarding Application No. 82016 . ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 82016 (Bergstrom Realty) Motion by Commissioner Ainas seconded by Cormissioner Sandstrom to recommend approval of Application No. 82016, subject to the follow- ing conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final,plat is subject to the requirements of Chapter 15 of the, City Ordinances. 3. Homeowner's association documents shall be subject to review and approval by the City Attorney prior' 4-15-R2 -2- to final plat approval. 4. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer prior to the issuance of permits. 5. The plat must be given final approval by the City Council and filed at the County prior to the issuance of building permits. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Simmons, Anas, Sandstrom and Versteeg. Voting against.: none. The motion passed unanimously. APPLICATION NO. 82014 (McDonald's) The Secretary introduced the next item of business, a request for site and building plan and special use permit approval to construct a drive-up order station and pickup window at the McDonald's at 5525 Xerxes Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 82014 attached) . Commissioner Malecki asked whether all three accesses to the site allowed for two-way traffic. The Secretary responded in the affirm- ative. In answer to a question regarding parking, the Secretary explained to Commissioner Malecki that the applicant will reduce the number of seats in the restaurant in order to meet the parking requirements. Commissioner Simmons expressed concern regarding people entering the drive-up lane from both the east and west accesses. The Secretary acknowledged that this could become a problem, but stated that once the construction work on Xerxes Avenue North is completed, the private road to the west of McDonald's will not carry a substantial amount of traffic. Commissioner Versteeg asked how high the median would be from the pavement. The Secretary answered that it would be curb height, or six inches. Commissioner Versteeg asked about the route taken by delivery trucks. The Secretary stated that those trucks usually enter from the west access. Commissioner Simmons asked whether the corner for the bypass lane outside of the drive-up lane would be squared off. The Secretary stated that the squared off median would discourage traffic from going northbound on the bypass lane and to allow for signery denoting one-way traffic. The Assistant City Engineer stated that the corner could be rounded off somewhat, but that there should be enough room on the island to place an appropriate sign and to make patrons visually aware of the one-way bypass lane. Chairman Lucht called on the applicant to speak. Mr. Richard Engstrom, representing McDonald's, stated that he wanted the median to have a 5' radius to allow for easier maintenance. He said that perfectly square corners tend to get broken off. He also explained that de- livery trucks arrive at 4 :00 a.m. and should cause very little dis- ruption at the restaurant. ACTION RECOMMENDING APPROVAL OF APPLICATION NO.' 82014 (McDonald's) Motion by Commissioner Sandstrom seconded y Commissioner Versteeg to recommend approval of Application No. 82014, .subject to the following conditions: 4-�15-82 -3-' 1. Building plans -are - subject to review and approval by.the Building Official with respect to applicable codes prior to the issuance of permits. . 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the -- issuance of permits. 3. A site performance agreement and supporting financial guarani.. (in an ,.amount to be determined...by the City Manager) shall.be .,., submitted prior to the issuance of permits to assure com- pletion of approved site improvements. 4. B612 curb and gutter shall be provided around all parking and driving areas. 5. The Special Use Permit is issued to McDonald's and is subject to all codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 6. The one-way -'by-pass lane west of the drive-up lane shall be signed as such at both its entrance and exit points. ParallC parking stalls shall be signed for employee parking. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Simmons, Ainas, Sandstrom and Versteeg. Voting against: none. The motion passed unanimously. APPLICATION NO. 82017 (Robert Adelmann) The Secretary then introduceT the next item of business, a request fog variance from the sign ordinance to erect a 46' high, 20 sq. ft., free:: standing sign at the Standard Oil Gas Station at 6501 Humboldt Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 82017 ' (at- tached) . The Secretary showed a drawing depicting the existing and proposed signs in relation to each other and also described the modi fications to the freeway that have taken place since 1980. PUBLIC HEARING Chairman Lucht, after asking the Planning Commission if it had any questions for the Secretary, opened a -public hearing. Mr. Robert Adelmann, the applicant, addressed the Commission. Mr. Adelmann stated that people who used to exit the freeway at Humboldt Avenue North,, no longer can see his gas station when they exit at Shingle Creek Parkway. He stated that he wishes to have the same visibility from the exit at Shingle Creek Parkway as he use to have at the exit at Humboldt. He stated that he had contracted LeRoy Signs to calculate the height and size of sign that would be needed to regain this visibility. He ex- plained to the Commission that he has rising expenses and cannot meet those expenses with declining gasoline sales. He pointed out that Standard Oil, as a company, has lost 5.4% in volume in the Twin Cities area over the year 1981, but that his station dropped in volume by over 19% and is still dropping. Commissioner Simmons stated that Mr. Adelmann's contention that he '* had "visibility" applied only to those vehicles which were going past his station anyway, since those people exiting at Humboldt who were going south, rather than north, would have paid no attention to-the sign. Mr. Adelmann explained that a lot of traffic that gets off at Shingle Creek Parkway now takes Shingle Creek Parkway north 4-15-82 -4- to 69th Avenue and then comes back to Newton to go to Brooklyn Park, whereas before they exited at Humboldt and went north past his station before going into Brooklyn Park. The Planning Assistant asked the applicant why a sign would make any difference to people` " who have changed their traffic patterns and probably already know that- his station ;exists at the corner of 65th and .Humboldt. Mr. Adelmann responded that the sign appeals to night traffic primarily. He stated that he wished to get new customers coming off the freeway. He admitted that he was not sure that a. sign would necessarily in- crease his business, but he felt that he had to try something to get his volume back up to what it was . Commissioner Simrons stated that people would take the routes that they wanted to take and would pay . little attention to stations that are visible from locations not on the routes that they intend to go. Mr. Adelmann again stated that he has experienced a great loss in volume '°of gasoline sold and that the sales are still dropping. He stated that he did not feel it would be a nuisance to allow the sign, nor that other variances would be justified because he was granted a variance.. Chairman Lucht stated that granting a variance to Mr. Adelmann would set a significant precedent. He cited the example of the Vickers Gasoline Station north of the freeway on Brooklyn Boulevard, which could also claim a need for freeway visibility if its business was dropping off. He asked whether the Holiday Inn had lost business as a result of the freeway,,construction. Mr. Adelmann admitted that the Holiday Inn had lost business during the freeway construction, but now that the bridge is open, business is coming back. Mr. Adelmann insisted that his station had been visible . from the Humboldt Avenue exit before the Holiday Inn had expanded. The Secretary disagreed with this contention and stated that the Standard Oil Station at 65th and Humboldt had very little, if any, visibility from the freeway. Mr. Fred Harris, Territory Manager for Standard Oil, explained that Mr. Adelmann is not requesting visibility from the freeway itself, but from the Shingle Creek Parkway exit. He explained that credit card information shows 46% . of Mr. Adelmann's business comes from non-local customers. He reiterated that the business at the station has dropped 20% over the last year and that the change in traffic A patterns has been a "si significant factor. Chairman Lucht P g pointed out from information provided that Mr. Adelmann's entire business is not down 19.6%, but only 12%, suggesting that other aspects of the service station are improving, while gas sales are declining. Commissioner Manson asked whether price competition might have something to do with declining sales at the Standard Oil Station. She noted the 7 Eleven Store and Q Petroleum Station further north on Humboldt that have opened within the past two years offer gasoline at lower prices than Standard. Mr. Fred Harris stated that there are other things factored into the price of gas, such as maintaining a repair Garage and service vehicles 'which 7 Eleven and Q Petroleum do not have to keep up. Commissioner Simmon& stated that people are not that loyal when it `comes to buying gas. She stated that they will go wherever the price is best and that if Standard Oil's price is not comPetitive, it can expect to„ lose sales. Mr. Adelmann stated that when his station at 66th and Lyndale was closed, he expected to pick up about 20'% of the business that used to frequent that station. He stated ,that with the roadway work •that has 'been done on Humboldt Avenue, be, has experienl-ed no net increase in 4-15-82 -5- sales*. The closing bf the Humboldt Avenue bridge during 1981 reduced his sales significantly and these sales are still dropping- r he said. The Planning Assistant asked N,nat the effect of ,Q Petroleum could have been over the past year, since most of the traffic that goes by the Standard ;Station, also 'goes past Q Petroleum. Mr. Ad,elti&ftn stated that 'Q has probably had some impact on his business Chairman Lucht then asked whether anyone else wished to comment on _.the application. , No one spoke. CLOSE PUBLIC HEARING . .Motion by Commissioner Manson seconded by Commissioner Sandstrom to close the public hearing. The motion passed unanimously. Commissioner Simmons stated that she could sympathize with the difficulty brought on by changing conditions, but felt that addi- tional signery over and above that allowed by the ordinance would not rectify the situation. Mr. Adelmann stated that no other business could claim the kind of hardship that he could from the highway changes and that, therefore, no other variances would have to be granted. He also stated that he did not feel the larger and higher sign would create a nuisance for anyone. Commissioner Versteeg asked how many cars per day would have to see the new ` sign to recoup the Toss of business. Mr. .Adelmann said that he , was not sure, but stated that the sign was something he felt he had to do to try to get his business back. Commissioner Ainas noted that the Budgetel and Thrifty Scot Motels ,.. opened up during the freeway construction. He asked whether there was any gain in business when those two motels opened. Mr. Adelmann stated that all- his information shows that the volume of his business has dropped. Commissioner Ainas stated that he felt price was probably a large factor in the loss of business to lower priced gasoline stations. Mr. Adelmann again stated that other --factors enter into the price he charges for gasoline. ACTION RECOMMENDING` DENIAL OF APPLICATION NO. 82017 . (Robert Adelmann) Motion by Commissioner Manson seconded y Commissioner Simmons to recommend denial of Application No. 82.017 on the grounds that the Sign Ordinance Standards for Variance are not met in that the situation is not unique and that to grant the variance would set ­ . , a bad precedent which would undermine the _Sign Ordinance. Voting , in favor: Chairman Lucht,, Commissioners Malecki, Manson, Simmons, Ainas, Sandstrom and Versteeg Voting against:, none. The motion pas,sf�d unanimously. RECESS �e Planning Commission recessed at 9:17 p.m. and resumed at 9:44 + m. APPLICATION NOS. 82018 and 82021 (Summit Mortgage Corporation) Following the recess, the Secretary introduced t e next two items of business: a request for site and building plan approval to `re model the barn and hippodrome on the Earle Brown Fa= for use :as a TV station, and a request for a variance from Section 35-400' o# . - the Zoning Ordinance to allow two receiving dishes to be located within the 50' front setback area'off `Earle Brown Drive. The Secretary reviewed the contents of the staff reports concerning the applications (see Planning Commission Information Sheets for Application<Nos. 82018 and 82021 attached) . The Secretary .stat+ed 4-15-82 -6- that the Planning Commission had found the proposed use to be acceptable in the I-1 zone and for historic. preservation of the buildings. He stated that be did not anticipate*,the mall area being used for parking in .the future, even 'though a proof-of- parking- was shown in that area. He stated that additional parking, if neededi could be obtained off-site. He also pointed out that curb and gutter should be continued along the-southerly access drive to the hippodrome and link up with curb and gutter surrounding the Summit Bank Building. The Secretary also pointed out that the Holiday Inn has a receiving dish which meets the setback. The Secretary showed an elevation of the Earle Brown Office Tower and illustrated the height of the dishes if placed on top of the Office Tower. Commissioner Simmons asked how high the dishes would be. The Secretary answered that they would be approximately 32' if tipped up. Commissioner Sandstrom asked whether there would not be greater impact visually by putting the dishes on top of the building. He also noted that the winds would blow more strongly at the elevation of the top of the office building and that this could present a danger of the dishes being blown off the top of the building and onto the parking lot below. Commissioner Simmons stated that she was concerned that the dishes would be so huge that they dwarf the barn and hippodrome. Mr. Janis Blumentals, the architect for the project, showed site layouts, floor plans and building elevations in colored renderings to the Planning Commission. He stated that the receiving dishes would not overwhelm the farm buildings. Regarding the option of putting the dishes on the building, Mr. Blumentals stated that there would be structural difficulties supporting the dishes and that in order to test whether they could actually work on the roof,; they would have to be taken up to the top and actually mounted, a very difficult and expensive procedure only for attest. He also expressed concern about the wind placing stress on the anchoring of the dishes to the roof. He also stated that the dishes have to be a certain distance apart and that this might not be feasible on top of the office building. Finally, he questioned the aesthetics of putting the dishes on top of the Office Tower. Commissioner Simmons stated that if the dishes were placed on top of the office building, they would not be very visible from the ground. Mr. Blumentals countered that it would be quite visible from the freeway, since the Earle Brown Office Tower is visible for some distance in either directions. The Planning Assistant asked whether the northerly of the two dishes could be placed north of the barn so as to leave the barn and hippo- drome within the parenthesis of the two dishes. Mr. Blumentals stated that the two 25 ` diameter dishes would not overpower a 400 ' long building, that the building would still be visible, for the most part, from Earle Brown Drive. The Planning Assistant pointed out that it was somewhat a matter of perspective, that the closer the dishes- are to the road the more of the building they will block out. Mr. Blumentals stated that, aside from any financial con- siderations, he would recommend that the dishes be left on the ground as a preferable design to placing them on the building. Mr,. Kocher of the TNTBT Television Station stated that the distress would actually work better on -the-ground than on top of- the` ol5fice 4-15-82 -7- -building because' of "microwave disturbance, which is more intense at the elevation of the office building. PtTBLIC HEARING Chairman Lucht then opened the meeting for a public hearing re- garding'"`the"'variance � application '(Application No:' 82021) . No one present commented on the application. Hoff*ever, the Planning Com- mission took up the 'matter of the site plan during the public bearing. ACTION 'RECOMMENDING'APPROVAL OF APPLICATION N0. 82018 (Blumentals Architecture/Summit Mortgage Corporation) Motion by Commissioner Versteeg seconded by Commissioner Malecki to recommend approval of Application No. 82018, 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, utility and berming plans are subject "to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted'prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened . - from view. 5. The building is to be equipped with an.automatic fire extinguishing system to meet NFPA :Standards . ' and shall be connected to a central monitoring device in .accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8 $612 curb and gutter shall be provided around all. . parking and driving areas including the area of shared access with the building;to the south ". (current Summit Bank) . 9. The preliminary R.L.S.> approved under Application No. 81035 shall receive final approval by the City Council and be filed with the County prior to the issuance of building permits for the con- version of the barn and hippodrome. 10. Improvements to the' Summit Bank property approved,,,,.". under Application ,No.' 78002, but deferred until plans were accepted for the barn and hippodrome shall be completed prior to October 1, 1982 in 4-15-82 -8- conjunction with the improvements required by approval of this application. Voti.nq in favor: Chairman Lucht, ,Commissioners Malecki, Manson, Simmons, Ainas, Sandstrom and Versteeg. Voting against: none. "The- motion passed unanimously. The Chairman asked whether anyone present wished to comment further on the variance application. Hearing none, he called for a motion. to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Sandstrom seconded by Commissioner Manson to close the public hearing. The motion passed unanimously. Chairman Lucht then polled the Planning Commission as to its feelings on the variance application._ Commissioner Malecki stated that she felt the situation is entirely unique, involving as it does, the City's only historic district. She stated that she would prefer a less visible location,, but would vote for the variance in light of the limited options. Commissioner Sandstrom stated that he felt the problem of putting the dishes on the roof is greater than the problem of leaving the dishes on the ground, both from an aesthetic and an engineering standpoint. Commissioner Simmons stated that the Commission has only verbal assurances that the dishes could not feasibly be put on top of the office building. Commissioner Versteeg asked whether the applicants have looked into all the possibilities.. Mr. Kocher answered that an engineering firm had been hired to find the: best location for the receiving antennae and that the proposed location is where they work best-: Commissioner Ainas stated that he felt the Planning Commission should relieve the applicant of the task of looking at the roof Y location as a viable possibility for the receiving dishes. He stated that from his professional judgment, he did not think the dishes could work well on top of the building. Commissioner Manson stated that she felt the proposed location is the best location for the dishes on the property in question. Chairman Lucht stated that he felt the greenstrip along Earle Brown Drive really represented the back of the historical site as opposed to the front, which he . considered to be the mall area. He. concurred that the proposed location for the dishes was the best location on the site in question. Commissioner Versteeg asked whether the north end of the barn could be considered a feasible location. Chairman Lucht stated that that location has been considered aesthetically and operationally difficult. ; ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 82021 (Summit Mortaa e Corporation) Motion y' Cormissioner Sandstrom secondeil by Commissioner Ainas to recommend approval of Application No. 82021 on the following grounds: 1. The circumstances surrounding the application are unique, involving an existing historic structure which cannot readily be moved without damage to its structural and historical integrity. 2. Failure to grant the variance would cause either An undue hardship for the applicant or (by.: placing the receiving dishes in the mall area) would seriously disturb the character of historic district established under Application No. 81041. 4-15-82 -9- �., The-circumstances affecting the application were not created' by' the app I icant, but,. ar-is .e, because ; of the requirements of the Zoning Ordinance, which were adopted after the farm buildings were erected. 4. Proposed placement of the receiving dishes minimizes the variance and the impact on surrounding development.,, Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Simmons, Ainas, Sandstrom and Versteeg. Voting against: none. The motion passed unanimously. APPLICATION NO. 82019 (Martin Drinkwine) The .Secretary introduced the last item of business, a request for - a special home occupation .to conduct a Tidy Car business at 5632 James Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Appli cation No. 82019' attached) . The. Secretary also referred to a memo from the Building Official recommending`installation of a 5 lb. chemical fire extinguisher in the garage. He also referred the Commission to a 'letter from Mrs. Reva Tuttle of 5627 James Avenue North objecting the proposed home occupation. He noted that the staff have received information that the odors complained of by Mrs. Tuttle apparently came from another location. Commissioner Sandstrom noted the limit placed on the home occupation to 10 cars serviced per month. He asked whether it would make any difference if the limit were set at 12 cars. The Secretary answered` that the limit of 10 cars was based on the applicant's letter, which stated he would seek a commercial location if his business reached the point of, 8 to 10 cars per month, Chairman Lucht called on the applicant to speak. Regarding the limit of 10 cars, Mr. Marty Drinkwine stated he could go to 15 cars per month before requiring a full-time operation i.n a commercial location. He stated that he projected only 8 to 10 cars i.n_the hope of not being required to obtain a special use permit. Chairman Lucht stated that the limit of. 10 cars per month may seem somewhat arbitrary, but that some limit must be set. He explained that if anyone were to monitor the activity and find that over 10 cars per month were being serviced the special use permit could be considered for revocation. Mr. Drinkwine asked what the consequences would be if he happened to service 12 cars in a given month. He .stated that he did not want to turn away business, but did not want to jeopardize his special use permit. The Secretary stated that it was basically , a question of determining at what point the home occupation is no longer secondary and;incidental. He noted that servicing more cars than authorized by the permit could lead to revocationor the applicant would have to seek an amendment to his Special Use Permit, Commissioner Versteeg asked Mr. Drinkwine whether he planned on having any employees. Nor. Drinkwine answered that he did not plan on having any employees at the present time, but that if business were good enough he might hire a part-time person to help. He added that by the time he would seek part-time help he would probably, be in a'position to look for a commercial location. In response to a question from Commissioner Simmons, the Secretary explained having an employee is one of the factors requiring a 4-15-82 X10_ special use permit. He stated that Mr. Drinkwine had not requested approval of an employee in his letter to the staff.- He added that Mr - Drinkwine would have to seek an amendment to his permit if he decides in the future to have an employee. Mr. Drinkwine stated that he simply did not thinlq of hiring one. PUBLIC HEARING Chaniian Lucht then opened the meeting for a public hearing and asked whether anyone present wished to speak on the application. Mr. John Amundson of 5643 James Avenue North stated that since Mr. Drinkwine had lived at his current residence, he has not noticed any noise or odors in connection with- the business. He stated that, in fact, he was unaware that he was conducting the business until he received an advertisement. Mr. Amundson stated that he saw no problem with what Mr. Drinkwine was doing and pointed out that the garage door is usually closed and people -cannot hear the drill. Mrs Julia Dussault of 5642 James Avenue North stated that she has never heard any noise emanating from Mr. Drinkwine's garage and that she lives immediately next door and added that she did not object to the home occupation. CLOSE PUBLIC HEARING Chadrman. Lucht asked whether anyone ,else wished to speak on the application. Hearing none, he called for a motion to close the public hearing. Motion by Commissioner Malecki seconded by Com- nissioner Manson to close the public hearing. The motion passed unanimous ly. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 82019 (Martin Drinkwine) �ot3.on by Commissioner Malecki seconded by Commissioner Manson to recommend approval of Application No. 82019 , subject to the follow- ing 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 Service shall be on an appointment only basis between 4:00 p.m. and 9 :00 p.m. weekdays and 9 :00 a.m. to 6 :00 p.m. Friday and Saturday. However, the special use permit authorizes work on not more than 10 cars per month. 4. All parking shall be off-street on improved space provided by the applicant. S. Service to automobiles or other power vehicles is limited to washing 'and application of the Tidy Car sealant; other repairs- are expressly prohibited. `6. The permit is subject to completion of any work required by the Building Official. 4-15:-82 -11 -y 7: Noise, odor, and`vibratien shall not 'be perceptible beyond the premises to the degree that a nuisance is created. Voting in favor: Chairman Lucht, Commissioners Maleck , Manson, Simmons, Ainas, Sandstrom and Versteeg. Voting against: none. < The motion passed unanimously. ADJOURNMENT Following -a brief review of upcoming business items and a progress , ; report on the licensing ordinance dealing with amusement devices, there was a motion by Commissioner Sandstrom seconded by Commissioner Malecki to adjourn the meeting. The motion passed unanimously. The Planning Commission meeting adjourned at 11:11 p.m. - C Chairman ry wR 4-15-$2 -12-