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HomeMy WebLinkAbout1984 08-09 PCM MINUTES 0'•' THL; PROCEEDIPIGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 9, 1984 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman George Lucht at 7:32 p.m. �sow ROLL CALL Chairman George Lucht, Commissioners Molly Malecki, Mary SimmonsIhnd Mike Nelson. Also present were Director of Planning and Inspection Ronald Warren, City Engineer James Grube and Planning Assistant Gary Shallcross. Chairman Lucht noted that Commissioner Ainas had called to say he would be unable to attend and was excused. APPROVAL OF MINUTES - JULY 26, 1984 Motion by Commissioner Malecki seconded by Commissioner Nelson to approve the minutes of the July 26, 1984 Planning Commission meeting as submitted. Voting in favor: Commissioner Malecki, Simmons, Manson and Nelson. Voting against: none. Not voting: Chairman Lucht. The motion passed. APPLICATION NOS. 84027 AND 84028 (H. E. Homes, Inc.) Following the Chairman's explanation, the Secretary introduced the first two items of business, a request for site and building plan and special use permit approval for an office condominium development on the land presently occupied by residences addressed 7020 and 7040 Brooklyn Boulevard and also for a request for preliminary plat approval to resubdivide into two parcels the land contained in the lots addressed 7020 and 7040 Brooklyn Boulevard and 7025 Halifax Avenue North. The Secretary reviewed the contents of the staff reports (see Planning Commission Information Sheets for Application Nos. 84027 and 84028 attached) : The Secretary also reviewed with the Planning Commission the Standards for a Special Use Permit and noted that the office use of the property which is a special use acknowledged under Section 35-312 of the Zoning Ordinance was reviewed somewhat during the rezoning application. The Planning Assistant left at 8:00 p.m. and returned at 8:01 P.M. Commissioner Nelson asked whether it was being recommended that the gap in the trees along the east side of the site be closed. The Secretary answered that that should be done if there is no easement for access through the office development. Chairman Lucht then asked the applicant whether he had anything to add. Mr. Rick Hartmann of H. E. Homes, Inc. explained that the gap in the trees would be filled in during the original construction, but that the association documents for the office condominium project would allow for an access to be put in in the future if sought by the church to the east. PUBLIC HEARING (Application Nos. 84027 and 84028) Chairman Lucht then opened the meeting for a public hearing and asked whether anyone wished to speak regarding the special use permit application or the preliminary plat application. Hearing none, he called for a motion to close the public hearing. 8-9-84 -1- TAotion by Commissioner Malecki seconded by Commissioner Manson to close the public hearing. The motion passed unanimously. commissioner Manson commented, regarding the idea of an access for the church through the office condominium project, that it could result in a difficult situation for cars turning left onto Brooklyn Boulevard. She recommended against providing such an access. There was a brief discussion regarding changing the name of the proposed preliminary plat. Mr. Hartmann stated that he could change the name of the plat immediately. The Secretary stated that the City's major concern was that the name of the development not be confused with any governmental offices. He stated that the name change could be accomplished prior to the City Council meeting. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 84027 (H. E. Homes, Inc.) Motion by Commissioner Manson seconded by Commissioner Malecki to recommend approval of Application No. 84027, subject to the following 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 appoval by the City Engineer, prior to the issuance of permits. 3. 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 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 extinguising 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. B612 curb and gutter shall be provided around all parking and driving areas. _ 9. The plans shall be modified prior to City Council consideration to provide: a. a grading plan depicting contours of both parking and green areas around the entire site 8-9-84 -2- b. parking delineators at both ends of the double row of parking between the buildings c. trash enclosures d. opaque screening of the north and south ends of the east parking area 10. Plan approval acknowledges the retention of 21 existing trees as part of the proposed landscape plan. Should any of these existing trees be removed or die prior to release of the performance guarantee, they shall be replaced with an equal number of shade trees, a minimum of 2 1/2" in diameter at appropriate locations on the site. 11. As+-built utility drawings shall be provided to the City Engineer prior to the release of the performance guarantee. 12. The special use permit acknowledges an office condominium use in thle R3 zoning district and is subject to all applicable codes, ordinances and regulations and violations thereof shall be grounds for revocation. 13. Plan approval acknowledges the proposed landscape treatment along the east side of the property as acceptable opaque screening required between the office condominium use and the St. Alphonsus Church property. Voting in Favor: Chairman Lucht, Commissioners Malecki, Simmons, Manson and Nelson. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 84028 (H. E. Homes, Inc.) Motion by Commissioner Malecki seconded by Commissioner Nelson to recommend approval of Application No. 84028, 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. 3. The preliminary plat shall be modified prior to consideration by the City Council to provide the following: a. underlying and adjacent property lines b. an access easement to 7015 Kyle Avenue North c. expanded utility easement area adjacent to Lot 1 4. The two existing residences and accessory structures shall be removed from Lot 1 prior to final plat approval. 8-9-84 -3- AL 5. The applicant shall enter into an agreement for the payment of hookup charges for 'Lot 1 of the plat. Voting in favor: Chairman Lucht, Commissioners Malecki, Simmons, Manson and Nelson. Voting against: none. The motion passed. APPLICATION NO. 84029 (Group Health, Inc.) The Secretary then introduced the next item of business, a request for site and building.plan approval to construct a 20' x 20' storage garage on the the northeast portion of the clinic site at 6845 Lee Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 84029 attached). Chairman Lucht asked the the applicant whether he had anything to add regarding the application. A representative of Group Health, Inc. responded in the negative. Commissioner Manson asked whether the storage building would be screened from 69th Avenue North. The Secretary explained that a fence, which presently screens the trash container would extend in front of the storage building. Chairman Lucht also referred to berming along 69th Avenue North. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 84029 (Group Health, Inc.) Motion by Commissioner Malecki seconded by Commissioner Manson to recommend approval of Application No. 84029, subject to the following condition: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. Voting in favor: Chairman Lucht, Commissioners Malecki, Simmons, Manson and Nelson. Voting against: none. The motion passed. APPLICATION NO. 84030 (Sharon McNamara) The Secretary then introduced the final item of business, a request for special use permit approval to conduct a home beauty shop in the basement of the residence at 6725 Quail Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 84030 attached) . The Secretary noted the possibility for a parking problem on-street if the appointments overlapped and stated that such an overlap should not occur in order to avoid such on-street parking. He noted the floor plan in the Planning Commission agenda which depicts the basement area where the home occupation would be conducted. The Secretary also pointed out that an inspection of the premises was made by the Building Official after the staff report was written. Based on that inspection, permits for previous work would not be required. Commissioner Simmons stated that, with a one-car driveway, it would seem that there will be a problem in the evenings and on weekends as a result of family cars coming and going from the property during the appointments. She stated that the likely result would be parking of cars on-street. She stated that she thought the past practice of the Planning Commission was to require that parking space be provided in addition to requiring compliance with the condition that all parking be off-street. The Secretary answered that this possibility was looked at, but recommended that the situation be monitored and that additional space be required only if a problem develops. Commissioner Simmons argued that it was not fair to require the neighbors to put up with the problem and in essence enforce the conditions of the 8-9-84 -4- special use permit. The Secretary responded that parking may not become a problem . at all. 'ilic,rc w�_,:> continued discussion as to at what point additional parking space should be required. Chairman Lucht asked the applicant whether she had anything to add. The applicant's husband, Mr. McNamara, explained that the driveway is a single-car driveway until it passes the house and that behind the house it widens to 30' . He asked whether permits would be required for the work involved with the home occupation. The Secretary stated that the need for permits would be discussed with the Building Official. PUBLIC HEARING (Application No. 84030) Chairman Lucht then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding the application. Mrs. Lee Wirth of 6736 Quail Avenue North stated that she agreed with Commissioner Simmons that the question of providing off-street parking should be addressed before and not after a problem develops. She stated that the neighbors do not always know the proper procedures for getting compliance with the conditions of a special use permit. She also asked what was the meaning of Condition No. 6. Chairman Lucht explained that the Sign Ordinance allows home occupations to have a 2 1/2 sq. ft. sign. Commisisoner Simmons asked whether a license was necessary in order to out the hair of family and friends as indicated in the applicant's letter. Mrs. McNamara responded that she could lose her instructor's license if it were discovered that she was cutting friends' hair without obtaining a separate license for a home beauty shop. She stated that cutting the hair of family members was not regulated. There followed a continued discussion regarding the possibility of cars parking in the widened driveway area behind the house. Mr. McNamara stated that he generally leaves his vehicles outside of the garage during the summer time, but added that he could put them in the garage to make room for customers. Commissioner Simmons stated that she didn't think it was right to make the neighbors responsible for monitoring and enforcing the conditions of the special use permit. The Secretary stated that neighbors are not expected to enforce the provisions of the permit, but that neighbors may complain if there is a problem and that City staff will follow up with an investigation which may lead to the amendment of the special use permit. Commissioner Simmons stated that the neighbors probably assumed that the City is keeping track of the situation, but in fact, the City is not. CLOSE PUBLIC HEARING Motion by Commissioner Malecki seconded by Commissioner Nelson to close the public hearing. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 84030 (Sharon McNamara) Motion by Commissioner Manson seconded by Commissioner Malecki to recommend approval of Application No. 84030 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. The special use permit is issued to the applicant as operator of the facility and is nontransferable. 8-9-84 -5- 3. All parking associated with the home beauty shop shall be of- street on improved space provided by the applicant. 4. All building modifications associated with the home occupation shall be completed pursuant to properly obtained permits and be inspected by City inspectors prior to the issuance of the special use permit. 5. The home occupation shall be conducted on an appointment only basis with all work completed not later than 10:00 p.m. in the evening. 6. Permit approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. Permit approval acknowledges a single-operator home beauty shop. 8. The applicant shall provide a current copy of her State operator's license which shall be kept on file with the City. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson and Nelson. Voting against: Commissioner Simmons. The motion passed. Commissioner Simmons stated that her negative vote proceeded from the remarks she had made earlier in the discussion. There was a discussion of whether a meeting should be held on August 23, 1984 to review possible plans for completion of the Earle Brown Farm Townhouses. The Commission agreed that if the plans were in order they would just as soon.take the matter up on the August 23, 1984 meeting. COMMISSIONER SIMMONS ANNOUNCES RETIREMENT FROM THE COMMISSION Commissioner Simmons then informed the Commission that she would be retiring from her position as a librarian and would begin taking a class in International Economics in the fall and carrying on into the spring semester. She stated that the class would be held on Thursday night and she had, therefore, decided to retire from the Planning Commission after the September 13, 1984 meeting. ADJOURNMENT Motion by Commissioner Nelson seconded by Commissioner Malecki to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 9:12 p.m. , r n 8-9-84 -6- .