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HomeMy WebLinkAbout1983 09-15 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 SEPTEMBER 15, 1983 _ CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman George Lucht at 7:30 p.m. ROLL CALL Chairman George Lucht, Commissioners Molly Malecki , Mary Simmons, Lowell Ainas, Carl Sandstrom, and Donald Versteeg. Also present were Director of Planning and Inspection Ronald Warren and Planning Assistant Gary Shallcross . Chairman Lucht explained that Commissioner Manson had called to say she would be unable to attend the evening's meeting and was excused. APPROVAL OF MINUTES - Au ust 11,- 1983 Motion by Commissioner Sandstrom seconded by Commissioner Ainas to approve the minutes of the August 11., 1983 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Simmons, Ainas and Sandstrom. Voting against: none. Not voting: Commissioners Malecki and Versteeg. APPLICATION NO. 83048 (Rose Lillestol ) Following the Chairman`s explanation, the Secretary introduced the first item of business , a-request for special .use permit approval to conduct a dog-grooming home occupation in the basement in the residence at 5218 Paul Drive. -The Secretary re- viewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 83048 attached) . Commissioner Malecki asked whether anyone in the neighborhood had called regarding the application. The Secretary responded in the negative. PUBLIC HEARING (Application_ No. 83048) Chairman Lucht then opened the meeting for a public ,hearing and asked whether anyone present wished to speak on the application. Hearing none, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Malecki seconded by Commissioner Versteeg to close the public hearing.- The motion passed unanimously. The Secretary asked Mrs . Lillestol who picks up her garbage at the residence and if she had weekly service. Mrs. Lillestol answered that Brooklyn Disposal is her refuse hauler and that it is picked up weekly. She noted that she is aware of the concern regarding removal of refuse. ACTION RECOMMENDING APPROVAL OF APPLICATION N0: 83048 (Rose Lillestol ) Motion by Commissioner Ainas seconded by Commissioner Sandstrom to recommend approval of Application No. 83048, subject to the following conditions : 1. The special use permit is issued to the applicant as operator of the business and is nontransferable. 2. The permit is subject to all applicable codes , ordinances , and regulations and any violation thereof shall be grounds for revocation. 9-15-83 -1- 3. The hours- of operation shall be 9:00 a.m. to 4:00 p.m. and 7:00 p.m. to 9:00 p.m. , Monday through Friday. Services shall be provided on an appointment-only basis . 4. All parking associated with the home occupation shall be off- street- on improved space .provided .by the applicant. 5. A 5 lb. fire extinguisher shall be- installed in the work area in the basement. 6. No overnight boarding of animals shall be permitted. Voting in favor: Chairman Lucht, Commissioners Malecki , Simmons, Ainas, Sandstrom and Versteeg. Voting against: none.- The motion passed. APPLICATION NO. 83049 (Erland Shelley) The Secretary then introduced the next item of business, a request for special use permit approval to engage in taxidermy as a home occupation in the garage of the residence at 5200-70th Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 83049 attached) . Commissioner Simmons asked whether the only reason the application was brought to the Planning Commission was because a car would be displaced from the garage. The Secretary responded in the negative. He explained that use of an accessory structure, whether a car is parked in the accessory structure or not; constitutes a special home occupation. Commissioner Simmons stated that one of the purposes of the limi- tation on use of accessory structures is to prevent cars from being parked all over a property because the garage is being used by a home occupation. The Secretary agreed somewhat. He explained that the main concern regarding tnis application was the disposal of the carcasses to prevent any odor or disease from developing as a result of the home occupation. Commissioner Sandstrom asked whether a condition regarding refuse disposal was necessary. The Secretary stated that such a condition could be added if the Commission felt that it was necessary. Commissioner Ainas stated that he felt existing ordinances already, cover health concerns. Chairman Lucht asked the applicant whether he had anything to add. Mr. Shelley had nothing further to add to the Secretary's report. PUBLIC HEARING (Application No. 83049) Chairman Lucht then opened the meeting for a public hearing and asked whether anyone present wished to speak 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. ACTION RECOMMENDING APPROVAL OF APPLICATION- NO. 83049 (Erland Shelley) Motion by Commissioner Sandstrom seconded by Commissioner Ainas to recommend approval of Application No. 83049, subject to the following conditions : 1. The special -use permit is issued to the applicant as operator and is nontransferable. 2. The special use permit is subject to all applicable codes, ordinances , and regulations and -any violation thereof shall be-grounds for revocation. 3. The home occupation may 'not occupy more than 50% of the accessory structure.. 9-15-83 -2- 4. A fire extinguisher of at least 5 lb. capacity shall be kept in the garage. 5. All parking associated with the home occupation shall be off-street on space provided by the applicant. Voting in favor: Chairman Lucht, Commissioners Malecki , Simmons , Ainas , Sandstrom and Versteeg. Voting against: none. The motion passed. APPLICATION NO. 83050 (Q Petroleum) The Secretary then introduced the last .item of business, a request for special use permit approval to rent trailers at the gasoline service station at 1505-69th Avenue North. The Secretary reviewed the contents of the staff report (see Planning Com- mission Information Sheet for Application No. 83050 attached) . The Secretary also stated that the Planning Commission may wish to designate a specific area for the three trailers to be parked. Commissioner Sandstrom asked whether the permit should be nontransferable. The Secretary answered that a change *in ownership of this particular operation should not require a new special use permit. He noted that special use permits granted to home occupations are treated differently so that a new resident is not auto- matically permitted to continue a home occupation. Chairman Lucht asked the applicant where the trailers would be parked. Mr. Chuck Brooks , the manager of the Q Petroleum station, suggested that they should be parked on the west and north side of the site, since this would be less visible to most of the traffic going by the station and fewer people. parked in that particular area. Commissioner Simmons asked about the size of the trailers . The Secretary explained that the trailers can fit into a normal parking stall . The Secretary asked the applicant whether he understood the condition regarding written acceptance of a stipulation that if the City determines that additional parking is needed, that he will put it in. Mr. Brooks answered that that condition posed no problem for him. PUBLIC HEARING (Application No. 83050) Chairman Lucht then opened the meeting for a public hearing and asked whether anyone present wished to speak on the application. Hearing none, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Sandstrom seconded by Commissioner Malecki to close the public hearing. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 83050 (Q Petroleum) Motion by Commissioner Malecki seconded by Commissioner Ainas to recommend approval of Application No. 83050, subject to the following. conditions : 1. The special use permit is subject to all applicable codes , ordinances , and regulations and any violation thereof shall be grounds for revocation. 2. Special use permit approval acknowledges the storage on site of not more than three trailers , none of which may exceed 20' in total length or 9' in total width. The trailers shall not be stored along the Humboldt Avenue or 69th Avenue greenstrip. 3. Special use permit approval acknowledges the site plan approved under Application No. 83019 as providing "proof-of-parking" with adequate parking space for up to three trailers . The applicant 9-15-83 -3- shall acknowledge in writing, prior to City Council consideration of this application, that he will install additional parking meeting all zoning ordinance requirements upon a determination by the City that congestion warrants the installation of all or part of the required parki.ng for this use. 4. Trailer parking shall be. confined to existing parking spaces located along the west side of the'- site to the north of the main building. Voting in favor: Chairman Lucht, Commissioners Malecki , Simmons, Ainas , Sandstrom and Versteeg. Voting against: none. The motion passed. OTHER BUSINESS 'The Secretary explained that no applications had been received for the September 29, 1983 meeting and noted that the first business meeting in October would be on October 6th. He recommended that the Planning Commission cancel the September 29th meeting, unless it had study items it wished to address. By consensus it was agreed that the September 29th Planning Commission meeting would be cancelled. DISCUSSION ITEMS (Crystal Airport Zoning Ordinance) The Secretary then directed the Commission's attention to a draft zoning ordinance for Crystal Airport and a notice of public hearing which has been sent to some residents near the airport. The Secretary explained that the proposed zoning ordi- nance would set up safety zones governing the land uses and the air space around the Crystal Airport. He stated that a public hearing to answer questions regarding this draft ordinance would be held on September 21st and that Planning Commission members could attend if they so wished. He explained that the ordinance would be an overlay ordinance for a certain section of Brooklyn Center. He added, however, that the ordinance would not really change much of anything as far as land 'use is concerned. He noted that the ordinance acknowledges "established residential neighborhoods" which are essentially exempted from the -provisions of the ordinance. Chairman Lucht asked whether a nonconforming structure could be rebuilt if it were destroyed. The Secretary explained. that a residence could be rebuilt even though it was at a density greater than that normally permitted under the proposed zoning ordinance, but that it would be subject to the height restrictions imposed on air space. In answer to a question from Commissioner Simmons , the Secretary stated that he did not think there were any structures that intruded into the height limitations at present. Commissioner Simmons asked whether a structure which was above the height limit could be rebuilt at the same height. The Secretary responded in the negative. He pointed out that the most likely violations of the height limitations were presented by trees and that these would have to be marked or trimmed by the Metropolitan Airports Commission. The Secretary explained the height limitations in greater detail and again explained that there would be no real effect on land uses . He also pointed out that nothing should interfere with the communications of pilots with the airport. He stated that nothing at present does interfere. He noted that microwave ovens would not pose any electronic interference. He also noted that promotional searchlights for establishments in the area of Brooklyn Boulevard would be acceptable if they were not in the immediate approach zone. Commissioner Simmons asked whether people were afraid of the effect of the ordinance on the use of their property. The Secretary agreed that people probably had this fear. He pointed out that the City had received few calls as a result of the notice of the public hearing. He pointed out that the height restrictions were based� on the elevation of the airport, not on the elevation where the structure was located. He explained that the Crystal ' Ai-rport mean sea elevation is 369 ft. As an example, he noted that the Ramada Inn site was at about 845 ft. He explained that this gave the Ramada site an additional 24+ ft. of height before it "would begin to be subject to the height limitations of the Airport Zoning Ordinance. The Secretary also 9-15=83 -4- explained that the proposed Zoning Ordinance had nothing to do- with aircraft noise. He explained that Brooklyn Center would not really be affected by the proposed noise contours being considered by the Metropolitan Council . The Secretary went on to explain that the position of the City has been that the Crystal Airport should be phased out if another West Hennepin area airport is built. Commissioner Ainas stated that Greg Boone of the Metropolitan Airports Commission had told him that Crystal Airport could not be phased out before 1995 to the year 2000. The Secretary stated that the regulations for- airport safety should also benefit area residents . He stated it wasn't fair for these regulations to simply protect flyers from intrusions of people on the ground. He stated that they should also seek to protect those on the ground from the aircraft. Commis- sioner Ainas pointed out that F.A.A. (Federal Aviation Administration) regulations required that the F.A.A. is supposed to- issue a building permit for any structure built in the A- and B zones . The Secretary pointed out that that regulation is not in force because the law exempts a built-up neighborhood. He stated that the City should issue permits based on it's own .ordinance, not on the basis of -regulations that the F.A.A. must enforce. ADJOURNMENT Following further brief discussion of the Airport Zoning Ordinance and airport regulations generally, there was a motion by Commissioner Sandstrom seconded by Commissioner Malecki to adjourn the meeting of the Planning Commissi The motion passed unanimously. The Planning Commission adjourned at 8:34 p. . I Chairm 9-15-83 -5-