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HomeMy WebLinkAbout1986 03-27 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 MARCH 27, 1986 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman George Lucht at 7:39 P.m. ROLL CALL Chairman George Lucht, Commissioners Carl Sandstrom, Mike Nelson, Wallace Bernards, and Ann Wallerstedt. Also present were Director of Planning and Inspection Ronald Warren, City Engineer Bo Spurrier, Planner Gary Shallcross and Attorney Kurt Erickson. Chairman Lucht noted that Commissioner Ainas had called to say he would be unable to attend the meeting and was excused. Commissioner Malecki had also informed the Commission of her inability to attend and was excused. APPROVAL OF MINUTES - MARCH 13, 1986 Motion by Commissioner Sandstrom seconded by Commissioner Nelson to approve the minutes of the March 13, 1986 Planning Commission meeting as submitted. Voting in favor: Commissioners'Sandstrom, Nelson and Wallerstedt. Voting against: none. Not voting: Chairman Lucht and Commissioner Bernards. The motion passed. MOTION TO REMOVE APPLICATION NO. 86009 FROM THE TABLE Motion by Commissioner Sandstrom seconded by Commissioner Nelson to remove Application No. 86009, an appeal by Dr. John B. Lescault, from the table. Voting in favor: Chairman Lucht, Commissioners Sandstrom, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. APPLICATION NO. 86009 (Dr. John B. Lescault) The Secretary then introduced Application No. b6009, an appeal from a determination by the City that the chiropractic office and the residence at 6142 Brooklyn Boulevard is a special home occupation rather than a permitted home occupation. The Secretary briefly reviewed the background of the application, arising out a lawsuit by Dr. Lescault against the City. The Secretary also reviewed briefly the draft resolution recommending denial of the appeal and citing three principle grounds for considering the home occupation to be a special use rather than a permitted use in the R1 zoning district. The Secretary also noted that Dr. Lescault was not present, but that he had been notified and was aware that the issue was before the Planning Commission that evening. Chairman Lucht asked whether attorney Kurt Erickson had anything to add. Mr. Erickson stated that he had spoken with the applicant's attorney, David Cody, earlier in March and explained the timing of the consideration by the Planning Commission and the City Council. He stated that Mr. Cody was satisfied with that schedule at the time he had talked to him. RESOLUTION NO. 86-1 Member Mike Nelson introduced the following resolution and moved its adoption: 3-27-86 -1- RESOLUTION RECOMMENDING DENIAL OF THE APPEAL OF DR. JOHN B. LESCAULT AND AFFIRMING THE ZONING ADMINISTRATOR'S DECISION TO CLASSIFY DR. LESCAULT'S CHIROPRACTIC OFFICE, 6142 BROOKLYN BOULEVARD, BROOKLYN CENTER, MINNESOTA, AS A SPECIAL HOME OCCUPATION The motion for the adoption of the foregoing resolution was duly seconded by member Carl Sandstrom, and upon a vote being taken thereon, the following voted in favor thereof: Wallace Bernards, George Lucht, Mike Nelson, Carl Sandstrom, and Ann Wallerstedt; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. APPLICATION NO. 86011 (Roy Hansen/Lombard Properties) The Secretary then introduced the next item of business, a request for preliminary subdivision approval to combine into a single parcel of land the three tracts at the northwest corner of Freeway Boulevard and Shingle Creek Parkway. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 86011 attached) . The City Engineer added that the easements referred to in the report would not be shown on the registered land survey, but would be documents filed with the subdivision at the County. He also noted that cross access easements already exist and that some of these easements may also exist over the property. Commissioner Nelson, noting that the proposed use of the property was for office development, asked whether that would generate more or less traffic than restaurants. The Secretary stated that the City would have to confer with its traffic consultant Short-Elliott-Hendrickson on the traffic impact of an office development. He noted that a restaurant's peak hour traffic generation would be later than an office's peak hour. He stated also, that, based on the other uses existing in the industrial park, he did not feel there would be a traffic problem with an office development, but that the matter would be referred to Short-Elliott- Hendrickson as part of the special use permit process. Chairman Lucht then asked the applicant whether he had anything to add. The applicant responded in the negative. PUBLIC HEARING (Application No. 86011) Chairman Lucht then opened the meeting for a public hearing on Application No. 86011 and asked whether anyone present wished to speak regarding the application. Hearing no one, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Nelson seconded by Commissioner Sandstrom to close the public hearing. The motion passed unanimously. Chairman Lucht discussed the conditions of approval briefly. The Planner stated that he was aware of cross access easements over all of the property in this area, but was not aware of any greenstrip or building setback easements that have been placed over the properties. He suggested keeping this condition and that, if it has already been accomplished, then the condition is fulfilled. The Secretary also noted the need for other information to be indicated on the plat such as the land area, zoning, etc. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 86011 (Roy Hansen/Lombard Properties) otion by Commissioner Nelson seconded by Commissioner Sandstrom to recommend approval of Application No. 86011, subject to the following conditions: 3-27-86 -2- 1 . The final R.L.S. is subject to review and approval by the City Engineer. 2. The final R.L.S. is subject to the provisions of Chapter 15 of the City Ordinances. 3. The preliminary R.L.S. shall be modified to indicate the following: a) Land area, zoning and proposed use of the property and such other information deemed appropriate by the City Engineer. b) An easement agreement over the northerly portion of the property for the private access road, a 15' greenstrip adjacent to the access road, and a 25' building setback from the road, shall be provided prior to filing of the subdivision at the County. Voting in favor: Chairman Lucht, Commissioners Sandstrom, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. APPLICATION NO. 86013 (Stephen Cook) The Secretary then introduced the next item of business, a request for preliminary plat and site plan approval for a two-family dwelling on the 5300 block of Russell Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 86013 attached) . The Secretary also noted that the City Council had requested a site plan to accompany the preliminary plat. He noted that each unit in the double bungalow would be 28' wide rather than 26' as indicated on the plan. He pointed out that the resulting setbacks would be between 16.36' at the southeast corner and 18.36' at the northeast corner of the building. He noted that the revised plan still exceeds the setback requirements of the City ordinance. Commissioner Bernards inquired as to the setback for a rear deck. The Secretary stated that the setback for a deck is not the same as for a dwelling. He added that a three-season porch would have the same setback, in this case, a minimum of 40' from the rear property line. He pointed out that the plans submitted by the applicant show a setback of approximately 50 feet. Chairman Lucht then asked the applicant whether he had anything to add. Mr. Stephen Cook stated that he would have separate sewer services for the dwelling units on the lot. PUBLIC HEARING (Application No. 86013) Chairman Lucht then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding the application. Mrs. Vivian Hedlund of 5320 Russell Avenue North stated that the proposed plan called for a three bedroom unit on each side with a possible fourth bedroom. She stated that this would be a bigger house on a smaller lot within the neighborhood. She expressed concern that the house would look out of place on this block. Mr. Lewis Hedlund of 5320 Russell Avenue North also stated that the single family home to the south is a smaller building and that the other double bungalows in the area, including his own, are smaller. He stated that the proposed duplex would have 3-27-96 -3- a ground coverage of 2,560 sq. ft. and that it was 24% larger than the other doubles, while the lot area is 16% less. Mr. Hedlund went on to point out that the other houses on the block are a little more than 26' deep, while the proposed double bungalow is 46' deep. He stated that the double being built by Mr. Cook should be smaller since it is on a smaller lot rather than larger than other double bungalows in the neighborhood. Mr. Hedlund added that another neighbor in this area was opposed, and would have come, but had to work. Chairman Lucht pointed out the tuck-under garage proposed for this double bungalow. Mr. Hedlund stated that other bungalows on the block also have tuck-under garages. Mr. Robert Hansen, of 4951 Logan Avenue North, the owner of the property, explained that he bought the property when the zoning was only single-family. He pointed out that doubles are now allowed in this neighborhood. He stated that he could not understand why other people who live in double bungalows on the block are complaining about having another double bungalow on the street. The applicant, Mr. Stephen Cook, stated that he had been trying to comply with the neighbors' wishes. He stated that the elevation of the double bungalow that he proposes is the same as the other doubles on the street: two stories. He stated that his building would not crowd the lot and that the side of the double bungalow would not be very visible from the street. He stated that he felt some of the requests being made by the neighbors were unreasonable. Chairman Lucht asked whether anyone else wished to speak. Mr. Lewis Hedlund again addressed the Commission. He stated that he had objected to the variance and that he objects to the proposed building. He clarified, however, that he no longer objected to a two-family dwelling since that question had already been decided. He stated that he wanted the new double bungalow to be kept in perspective with the rest of the neighborhood. Chairman Lucht asked what size Mr. Hedlund's double bungalow was. Mr. Hedlund answered that it was 72' wide by 27 112' deep. Chairman Lucht observed that his double bungalow was wider from the street than that proposed by Mr. Cook. Mr. Hedlund explained that he was on a wider lot so he still had considerable setback area. Mr. Cook stated that he would build a double bungalow, but that he wanted enough size for his own family. He stated that if he were forced to build a small double bungalow, he would not live in it, but would rent both units out. Chairman Lucht then observed that the double bungalow proposed by Mr. Cook was essentially the same building as the double bungalow built by his brother along Brooklyn Boulevard. He stated that it was a very attractive building. CLOSE PUBLIC HEARING Chairman Lucht asked whether there were any other comments. Hearing none, he called for a motion to close the public hearing. Motion by Commissioner Sandstrom seconded by Commissioner Nelson to close the public hearing. The motion passed unanimously. Commissioner Wallerstedt asked what control there would be on the renting of the units in the double bungalow, assuming the application were approved. The Secretary stated that, there could be no restrictions placed on renting the units 3-27-86 -4- under the City's Zoning Ordinance. He stated such controls might besought under a deed restriction, but that there may well be constitutional problems even with such a private agreement. Commissioner Sandstrom stated that he felt the applicant had made a good attempt to complement other units along Russell Avenue North. He added that a three bedroom unit is good for resale value. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 86013 (Stephen Cook) Motion by Commissioner Sandstrom seconded by Commissioner Nelson to recommend approval of Application No. 86013, 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 plat of the property shall receive final approval and be filed at the County prior to the issuance of building permits. 4. The existing sewer service to the half-lots on the south side of the property (old legal description: North half of Lot 4, Block 2, Robert L. Hansen's First Addition) shall be disconnected at the main prior to the issuance of building permits unless separate sewer systems are provided for the two units. Voting in favor: Chairman Lucht, Commissioners Sandstrom, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. The City Engineer left the meeting at 8:40 p.m. APPLICATION NO. 86014 (Budget Rent a Car/Sears) The Secretary then introduced the last item of business, a request for special use permit approval to conduct a car rental business in the Sears Automotive Center at Brookdale. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 86014 attached) . The Secretary also showed the Commission a transparency of the parking area under the canopy north of the auto center building. He recommended that the Commission alter Condition No. 2 to confine storage of inventory only to the canopy area. Commissioner Bernards asked whether the car rental office would occupy a portion of the auto center. The Secretary answered in the affirmative, stating that there would be a booth in the retail portion of the center. Commissioner Bernards asked what vehicles would be rented. The Secretary stated that only cars would be rented to his knowledge. The applicant also stated that small and mid-size cars would be rented, no trucks or recreational vehicles. In response to another question from Commissioner Bernards regarding storing cars under the canopy, the Secretary stated that he felt it should be limited to this area so that there would be no impact on the parking lot. Commissioner Bernards asked whether there was an off-site lot which the business would draw cars from. Chairman Lucht noted that such a lot is referred to in the applicant's letter. Chairman Lucht then asked the applicant whether he had anything to add. 3-27-86 -5_ Mr. Joseph Finley, an attorney for Budget Rent a Car, stated that his client would accept the conditions listed in the report. He asked that the word "primarily" be left in Condition No. 2 in order to allow for flexibility. There followed a lengthy discussion as to the storage of inventory and whether it should be confined strictly to the area under the canopy or whether some cars could be allowed outside of the canopy. Mr. Finley stated that cars would not normally be outside the canopy, except on occasional days when an extraordinary amount of cars came in. The Secretary stated that he would rather have the condition limit the storage to the canopy so that the City could limit the storage to that area. The Secretary stated that he did not think the enforcement of the condition would be rigid, but that the option should be there to prevent a consistent practice of storing cars outside the canopy from developing. The Secretary also expressed a concern that storing the cars outside the canopy would have an impact on the parking lot. He stating that there was a conflict which dealers constantly face between storing inventory on their lots and providing customer parking. Commissioner Bernards stated that the record could show that the Commission understands that there will be occasional situations when a car or two may be parked outside the canopy. The Secretary stated that this understanding could be acceptable, but urged that the condition not explicitly allow for such storage outside the canopy. Mr. Finley consented to the dropping of the word "primarily" in Condition No. 2. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 86014 (Budget Rent a Car/Sears) Motion by Commissioner Nelson seconded by Commissioner Sandstrom to recommend approval of Application No. 86014, 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. Storage of inventory of cars for rent shall be confined to the area under the canopy. 3. Special use permit approval acknowledges rental and leasing only. No sales of automobiles or other vehicles is acknowledged by this action. Voting in favor: Chairman Lucht, Commissioners Sandstrom, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. RECESS The Planning Commission recessed at 9:01 p.m. and resumed at 9:11 p.m. Commissioner Wallerstedt left during the recess because of illness. OTHER BUSINESS A Request for Central Neighborhood Advisory Group Review. The Secretary then reviewed with the Planning Commission the problem of cut-through traffic in the Central Neighborhood by cars moving from Brooklyn Boulevard to Brookdale Shopping Center and vice versa. He stated that this concern should be addressed by a meeting of the Neighborhood Advisory Group for the central neighborhood and other residents in the neighborhood affected by the problem. 3-27-86 -6- Commissioner Nelson stated that he had checked with people on the list for the Central Neighborhood Advisory Group and that almost all of them no longer lived there or were no longer interested in serving. There followed a discussion of who would be appropriate to serve on such a group. There followed further discussion of the nature of the traffic problem and some possible solutions that had been drawn up by the Engineering Department under the direction of Sy Knapp. ACTION REFERRING CUT-THROUGH TRAFFIC STUDY TO THE CENTRAL NEIGHBORHOOD ADVISORY GROUP Motion by Commissioner Bernards seconded by Commissioner Sandstrom to refer the issue of cut-through traffic in the Central Neighborhood to the Central Neighborhood Advisory Group. Voting in favor: Chairman Lucht, Commissioners Sandstrom, Nelson, Bernards and Wallerstedt. The motion passed. ADJOURNMENT Motion by Commissioner Nelson seconded by Commissioner Sandstrom to adjourn the meeting of the Planning Commission. The motion passed unanimously. The finning Commission adjourned at 9:34 p.m. C irman 3-27-86 -7- 1 II�, i 1