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HomeMy WebLinkAbout1979 10-11 PCP PLANNING COMMISSION AGENDA REGULAR SESSION October 11 , 1979 1. Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes: September 27, 1979 4. Chairman's Explanation: The Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council . The City Council makes all final decisions on these matters. 5. Cinema I, II, III 79062 Request for a variance from the Sign Ordinance to allow an off-site directional sign to continue at the common entrance to the A. F. I. A. and Cinema properties. 6. Discussion Items a. Proposed Zoning Ordinance Amendment dealing with setbacks from major thoroughfares. b. Rocky Rococo Proposed Entryway. c. Review of the revised Comprehensive Plan. 7. Other Business 8. Adjournment Planning Commission Information Sheet Application No. 79062 Applicant: David Maasch (Cinema I, II, III) Location: 5801 John Martin Drive Request: Sign Variance The applicant requests a variance from the Sign Ordinance to allow an existing directional sign to continue on the property owned by the American Family Insurance Association at 5901 John Martin Drive. The sign is located north of the entrance drive to the Cinema, the A. F. I. A. 'Building and Perkins on what was formerly Cinema I, II, III property. However, when the A.F.I .A. building was platted, the land on which the sign is located was transferred by B.C.I .P. to the A.F.I .A. site. As a result, the sign is now off-site and, therefore, a billboard which is prohibited by the Sign Ordinance. The A. F. I. A. Building now intends to erect a freestanding identification sign on the south side of the entrance drive. A condition of permitting any new signs is that all non- conforming signs on the site be removed. Hence, the application for a variance. The applicant has submitted a letter (attached) with his application in which he argues: 1 . That the removal of the sign would create a hardship because theater patrons might miss the entrance and have to drive along a very circuitous route to get back to the theater. 2. Since the entrance in question is the only point of access to the Cinema and to American Family Insurance, it is vital that directional signery adequately indicate this entrance as serving both developments. 3. The events leading up to the present nonconforming situation were beyond the control of the Cinema. 4. Granting of the variance will have no adverse impact on surrounding properties, but will benefit the general public by preventing u;-turns on John Martin Drive and other confused traffic patterns. Section 34-180 of the City Ordinances (attached) contains the standards for a sign ordinance variance. This section allows variances in instances where strict enforcement would cause undue hardship because of circumstances unique and distinctive to the specific property or use under consideration. The provisions of the ordinance, considered in conjunction with the unique and distinctive circumstances must be the proximate cause of the hardship; circumstances caused by the property owner or the applicant or a predecessor in title shall not constitute sufficient justification to grant a variance. A variance may be granted after demonstration by evidence that all of the :.,:following qualifications are met: 1 . A particular hardship would result; 2. The conditions are unique and are not common, generally to other property in the same zoning classification; and 3. That the variance will not be detrimental to the public welfare or injurious to other improvements. 10-11-79 -1- Application No. -79062 continued Careful consideration of these standards should be given by the Commission prior to making a recommendation. The applicant's letter seems to adequately address the standards of hardship and noninjury to neighboring property, but does not specifically speak to whether the conditions which require a variance are "unique to the parcel of land and are not common, generally, to other property or uses within the same zoning classification. Common access to public right-of-way is not a unique condition. However, shared access is "not common, generally," to uses which are located on their own parcel of land and generally would be entitled to their own access. It is felt that the applicant does meet the sign ordinance variance standards and, therefore, approval is recommended subject to the following conditions: 1 . The applicant agrees not to alter, relocate or enlarge the existing directional sign. 2. The applicant agrees not to erect any other freestanding identi- fication or directional sign along John Martin Drive. A public hearing has been scheduled and notices have been sent... 10-11-79 -2- ezooem4 I, II, & III BROOKDALE EAST GENERAL CINEMA CORPORATION 5801 JOHN MARTIN DRIVE BROOKLYN CENTER, MINNESOTA 55430 612-560-0780 25 September, 1979 BROOKLYN CENTER CITY COUNCIL In accordance with the Standards and Procedures for Zoning Variances, a variance from the city sign zoning ordinance is requested as follows; (a) The theatre entrance drive is at the opposite end of a very long parking lot from the theatre building. Because of the curve in John Martin Drive, people driving from the west do not see the building until after they have passed the entrance. Without the sign, they would miss the entrance and have to drive completely around to Shingle Creek Parkway and back to John Martin Drive to get back to the entrance, causing possible congestion and confusion on the above roads. Coming from the east, people may mistake our entrance for that of Perkins Restaurant and continue on to Shingle Creek Parkway, only to find it necessary to either make a u-turn or drive all the way around in order to get back to the entrance. (b) The theatre entrance is the sole access to the theatre and to the new American Family Insurance building, and is one of to access points to Perkins Restaurant. The entrance drive was originally a part of the theatre property, but is now owned by American Family Insurance, who wish to erect their own sign. A variance would allow our sign to remain where it has been since 1972, while also allowing their sign on the opposite side of the drive, about eighty feet away. (c) The sign was installed in March of 1972, at which time the entrance drive was included in the theatre property. Last year, the owner, Brooklyn Industrial Park, from whom the theatre land is leased, sold a parcel of land behind Perkins Restaurant and the entire entrance drive and surrounding lawn to American Family Insurance, who have since erected and occupied a building on that land. Now our sign is on their property and they wish to erect a sign of their own on their land south of the drive. In order for them to put up a sign, either we must obtain a variance for ours, the only indicator of our entrance, or we must .remove it, which would cause confusion and inconvenience to our customers, increased traffic congestion on John Martin Drive, and loss of business to the theatre. (d) Allowing a variance for our sign to remain as is would benifit not only the theatre, but also adjoining property owners and the general public. It would. continue to point out the location of our entrance as it has for seven years, eliminating problems such as; people making u-turns on the frontage road or on John Martin Drive looking for our entrance, people thinking the entrance is a through street and then finding it a dead end, and people driving through Perkins lot looking for our entrance. We feel that the sign should remain as it is for the convenience. and safety of the public, the adjacent .landowners, and this theatre. Sincerel , wid M_ Maa�rh _ mcr++ • I • • Section 34-180. VARIANCES (ADJUSTMENTS) c The procedure for obtaining a variance from the requirements of this ordinance shall be the same as set out in Section 35-240 of the Ordinances of the City of Brooklyn Center. The Board of Adjustments and Appeals may recommend and the' City Council may grant variances from the literal provisions of this ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique and distinctive to the specific property or use under consideration. The provisions of this ordinance, considered in conjunction with the unique and dis- tinctive circumstances related to the property or uses thereof must be the proxi- mate cause of the hardship; circumstances caused by the property owner or the applicant or a predecessor in title shall not constitute sufficient justification to grant a variance. A variance may be granted by the City Council after demon- stration by evidence that all of the following qualifications are met: 1. A particular hardship to the owner would result if the strict letter of the regulations were carried out; 2 The conditions upon which the application for a variance is based are unique to the parcel of land or the use thereof for which the variance is sought and are not common, generally, to other property or uses thereof within the same zoning classification; 3. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood. Section 34-190. ENFORCEMENT E It shall be the responsibility of the City Manager to cause the requirements of this ordinance to be properly enforced and to administer the same. Section 34-200. SEPARABILITY AND VALIDITY Every section, provision, or part of this ordinance is declared separable from every other section, provision, or part to the extent that if any section, provision or part of the ordinance shall be held invalid, it shall not invalidate any other section, provision, or part thereof. Section 34-210. PENALTIES y It shall be unlawfuf for any person, firm or corporation to erect, alter, repair, move, equip, or maintain any sign or sign structure or cause or permit the same to be done in violation of any of the provisions of this ordinance. Whoever does any act or omits to do any action which thereby constitutes a breach of any section of 1 • I • , 1 • 1 • P mom PROPOSED ROADWAYS PROPOSED BRIDGES "a. 5 ON wom MINIM ME MIN ' i CITY OF BROOKLYN CENTER ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 REGARDING SETBACKS FROM MAJOR THOROUGHFARES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1 . Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 35-400. TABLE OF MINIMUM DISTRICT REQUIREMENTS. Every use of land within the City of Brooklyn Center shall conform to the following minimum requirements which are applicable to the Land Use District in which such use is contemplated. 8 10 Yard Setbacks 3 5 2 Front Rear Side Interior Side Corner Section 35-400 (2) . Where no more than 3 interior lots have frontage on a "cross street, " and where the corner lots are developed so that one side yard of each corner lot faces the "cross street," the front yard setback of the interior lots may conform to the side yard setbacks of the corner primary structures. [Setbacks along major thoroughfares as designated in Section 35-900 shall in no event be less than 50 feet, measured from the street right-of-way . line] . A single family dwelling and permitted accessory structures may be constructed to within fifteen (15) feet of the side corner lot line on a residential corner lot which was of legal record on December 19, 1957, and which does not meet the requirements of this ordinance as to width. Section 35-400 (10) . Setbacks along major thoroughfares as designated -in Section 35-900 s a in all cases e at least 50 feet, measured from the street right-of-way line, except for accessory structures in rear yards or in cases where mitigating circumstances exist, such as noise walls or berms, excess right-of-way, or other condition deemed by the Zoning Official to constitute a substitute for such 50 foot setback. In such cases where a su stitute does exist, the standard setback requirements shall apply. Section 2. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of 1979. Mayor ATTEST: Clerk 40 Published in the Official Newspaper Effective Date I