HomeMy WebLinkAbout1979 08-16 PCP PLA14NING COMMISSION AGENDA
REGULAR SESSION
AUGUST 16, 1979
1 . Call to Order: 7:30 p.m.
2.
Roll Call �
3. Approval of Minutes: July 26, 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 recorrmendations to the City Council .
The City Council makes all final decisions on these
matters.
5. Robert Adelmann 79048
Extension of Site and Building Plan and Special Use
Permit approval for two additiu nal car-wash bays at
6501 Humboldt Avenue North.
6. Beach Apartments 79049
Preliminary Plat approval for creation of 122 lots
and one common area associated with the conversion
of the Beach Apartments to condominiums.
7. Shea Architects/Farmers & Mechanics Bank 79050
Site and Building Plan approval for a walk-in and
drive-up bank facility at the corner of Xerxes Avenue
• North and Northway Drive.
8. Brooklyn Center Industrial Park 79051
Subdivision approval for two Tracts, A and B;
of R.L.S. 1325. The site is located on the south
side of John Martin Drive,' west of Perkins Restaurant.
9. Cass Screw Company 79052
Site and Building Plan approval for a 60' x 120'
addition to the existing screw manufacturing plant,
to be located on the east side of the present
building.
10. Cass Screw Company 79053
Variance from the setback required by ordinance
from Outlots 1 , 2 and" 3, Ryan Lake Terrace Addition
to a setback of 25 feet.
11 . Discussion Itell's
a. Ordinance Amendment to allow two freestanding
identification signs at the entrance to an
apartment complex.
b. Progress report on the Charlson property.
12. Other Business
13. Adjournment
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y Planning Commission Information Sheet
Application No. 79048
Applicant: Robert L. Adelman
Location: 6501 Humboldt Avenue North
Request: Extension of Special Use Permit
The applicant is seeking an extension of site and building plan and special use
permit approval,_fr e d i ion of two car wash bays to the existing car wash
and service°sta ion ar was es are a special use in the C2 zone. Under the
Zoning Ordinance, s ecial uses which do not commence construction within one
year of the date of Council approval must apply for an extension. The original
application was approved by the Council on July 24, 1978.
The applicant has submitted a letter requesting the extension (attached) . His
reason for delay is primarily financial and he now has a firm arrangement for
constructing the additional bays. The construction of the two bays requires a
redesignation of parking spaces and the lining of the storm sewer with cast
iron pipe. The applicant agreed to these conditions under the original approval .
Approval of the application is recommended subject to at least the following
conditions:
1 . Building plans are subject to review and approval by the
Building Official with respect to current applicable codes
prior to the issuance of permits.
2. The permit is issued to the applicant as operator of the
facility and is nontransferable.
3. Approval of the extension of the special use permit is
subject to all of the conditions contained in the approval '
of Application No. 78044.
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Planning Commission Information Sheet
Application No. 79049
Applicant: Darrel Farr Development Corporation
Location: 4201 Lakeside Avenue North
Request: Preliminary Plat Approval
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The applicant seeks preliminary plat approval to convert the Twin Lake Beach
Apartment complex to condominiums. The complex is located near the southwest
corner of Brooklyn Center, bounded by Robbinsdale on the south, Twin Lake Beach
on the west, a single-family residential neighborhood on the north and T. H.
100 on the east. The complex contains 122 apartment units and has no outstand-
ing compliance orders against it for violations of the City's Housing Mainten-
ance Ordinance. The units range in size from 730 square feet to 1 ,330 square
feet. On-site parking meets the current ordinance requirement of two spaces
per unit.
The creation of condominiums is to be effecter: in accordance with Chapter 515
of the Minnesota Statutes, the Condominium Ac .. The Condominium Law provides
for the creation of real property by means of a "Declaration" which, along
with "any amendment or amendments thereto shall be submitted to the platting
authority of the governing municipality. . . . for review." (MS515.15) . The
contents of the Declaration are to include the following particulars in accord
and with MS515.11 :
1 . Description of the land on which the building and improvements
are or are to be located.
2. Description of the building, stating the number of stories and
basements, the number of apartments and the principal materials
of which it is or is to be constructed.
3. The apartment number of each apartment, and a statement of its
location approximate area, number of rooms, and immediate common
area to which it has access, and any other data necessary for
its proper identification.
4. Description of the common areas and facilities.
5. Description of the limited common areas and facilities, if
any, stating to which apartments their use is reserved.
6. Value of the property and of each apartment, and the percentage
of undivided interest in the common areas and facilities appert-
aining to each apartment and its owner for all purposes, including
voting.
7. Statement of the purposes for which the building and each of the
. apartments are intended and restricted as to use.
8.` The name of a person to receive service of process in the cases
hereinafter provided, together with the residence or place of
business of such person which shall be within the city or county
in which the building is located.
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Application No. 79049 continued
9. Provision as to the percentage of votes by the apartment
. owners which shall be determinative of whether to rebuild,
repair, restore, or sell the property in the event of damage
or destruction of all or part of the property.
10. Any further details in connection with the property which
the person executing the declaration may deem desirable to
set forth consistent with sections 515.01 to 515.29.
11 . The method by which the declaration may be amended, consistent
with the provisions of sections 515.01 to 515.29.
The opinion of the City Attorney regarding the provisions of MS515 is that it
authorizes and regulates the creation and description of real property. As
such, it falls under the City's established platting procedure. The applicant
considers the conversion process to be a "change in the method of ownership"
rather than a description of property, but has agreed to follow the City's
platting process. In a memorandum from the applicant's attorney (attached)
it is argued that the Condominium Law speaks of "review" by the local platting
authority of the Declaration, but not "approval ." It is the City's position
that approval is certainly implied since a review process without an accompany-
ing approval is meaningless and would therefore be a waste of time. An opinion
from the City Attorney's office (attached) indicates that the City has authority
to approve the division of property under Chapter 15 of the Ordinances apart
from Chapter 515 of the Minnesota Statutes.
• The preliminary plat contains •122 lots and one common area. It consists of a
set of building plans for the original construction of the Beach Apartment
complex and a survey of the land presently known as Lot, Block 1 , Twin Lake
Beach Addition. The final plat will consist of an as-built survey of the exist-
int land and buildings as verified by a registered architect, licensed profes-
sional engineer, or registered land surveyor.
The applicant has filed with the City a "Declaration Establishing a Plan for
Apartment Ownership" in accordance with the provisions of MS515.11 . In addition,
the applicant has agreed to file with the City and disclose to all apartment
owners,or• interested buyers, a statement by a registered architect as to the
structural condition of the buildings and of each unit.
The provisions of MS515 and Chapter 15 all seem to be met by the applicant's
program for apartment conversion. Approval is therefore recommended subject-
to at least the following conditions:
1 . The final plat is subject to approval by the City Engineer.
2. The final plat is subject to the provisions of Chapter 15 of
the City's Ordinances.
3. The "Declaration" and other disclosure materials are subject
to the review and approval of the City Attorney prior to
final plat approval .
4. The statement concerning the structural condition of the
buildings and each unit is subject to the approval of the �
Building Official . 4044 " f0. h
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Application No. 79049
5. The City's Housing Maintenance Ordinance shall apply to all
buildings and any affected units so long as there are rental
units remaining in the complex. `
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MEMORANDUM
TO: JAMES B. DRUCK
FROM: CHARLES W. DuFRESNE
. DATE: July 26, 1979
RE: BEACH CONDOMINIUM CONVERSION: BROOKLYN CENTER
PLATTING ORDINANCE
Darrel A. Farr Development Corporation ("Farr") is con-
verting The Beach apartment complex to condominiums. Farr
has informed us that discussions with the City of Brooklyn
Center ("City") regarding the conversion have led them
to believe that the City's review procedure will be "identical
to the filing of a plat. "
You have requested that I review the Minnesota Condominium
Act, the platting statute, and the City platting ordinance
to determine the necessary steps which Farr must follow to
properly submit the plans for the Beach conversion to the City.
a. Minnesota Condominium Act. The Minnesota Condominium
Act, Minn. Stat. §515.01 et seq. (1978) governs the creation
of condominium estates in Minnesota. The Condominium Act
contains two provisions which allude to the necessary form of
review by the governing municipality.
1. Section 515.13 requires that a set of "floor
plans" of the building be filed in the office of the
county recording officer. The Condominium Act requires
that the floor plans bear a verified statement of the
project architect, engineer, or surveyor'which
certifies that the floor plans are an accurate copy
of "portions of the plans of the building as filed
with and approved by the municipal or other governmental
subdivision having jurisdiction over the issuance of
permits for the construction of buildings. " This
section would appear to require only submission of the
building plans to the City building inspector for review
and approval prior to construction or renovation.
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2. Section 515.15(a) , entitled "Recording," permits
the recording of the declaration and every other
instrument "affecting the property or any apartment. "
In this section, it also states that "the declaration
' and any amendment or amendments thereto shall be
submitted to the platting authority of the governing
municipality or other governmental subdivision having
jurisdiction for review." It should first be noted that
this section does not speak of an approval process,
but rather only of a review process. Further, no
time for review is established by the section. The
fact that this submission requirement is contained
in the recording section of the statute may imply that
the declaration is to be submitted after recording.
This view is consistent with the absence of any express
approval process.
It is also significant to note that the Condominium Act
as a whole does not treat the formation of a condominium regime
as a type of subdivision. Rather, the condominium is seen as
an estate in real property created by the fee owner, subject to
various covenants and restrictions. A process similar to platting,
in which rights of all parties to the real property are described
and set forth, is not employed.
B. Minnesota Platting Statute. The creation and recording
of plats in Minnesota is governed by Minn. Stilt. §9505.01-.1792
(1978) . The platting statute mandates an express review and
approval process for plats. The platting statute makes no
reference to the creation of condominium regimes, and, therefore,
the platting statute does not speak to the present issue.
It could be argued that tLis silence implies that the creation
of plats and condominiums are distinct, and should not be
similarly treated.
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C. Brooklyn Center Platting Ordinance. Chapter 15
of the Ordinances of the City of Brooklyn Center governs the
filing of plats within the City. Section 15-101 states that
the purpose of the platting ordinance is to provide orderly
fand reasonable development of subdivisions within the City.
Significantly, Section 15-102 of the platting ordinance,
• ,j' entitled Scope, states that the ordinance is not intended
to "repeal, abrogate, annul or in any way impair or interfere
with private restrictions placed upon property by
deed, covenant, or other private agreement." Inasmuch as
the creation of a condominium regime is the imposition of
covenants and restrictions on an estate in real property, the
platting ordinance does not appear to govern creation of a
condominium.
The platting ordinance does contain two specific
references to condominiums. Section 15-106 (f) (4) states:
Arrangements. With the exception of condo-
minium single family attached dwelling unit
subdivisions, a block shall be so designed
as to provide two tiers of lots, unless it
adjoins a railroad or limited access highway
where it may have but a single tier of lots.
Section 15-106 (g) (1) states:
Location. With the exception of lots in a
condominium single-family attached dwelling
unit subdivision, all lots shall abut by their
full frontage on a publicly dedicated street
or a street that has received the legal status
as such.
These sections both provide exceptions to minimum subdivision
design standards necessitated by the unique nature of the
condominium estate. There are no other references to condo-
miniums in the ordinance, and no express review or approval
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procedure for their creation.
The review of the two statutes and the City's ordinance
is, at best, inconclusive. However, it is perhaps determinative
to note that The Beach complex is already platted and that
plat has been through the City's .review and approval process.
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The proposed conversion of the fee ownership to condominium
estates does not alter the characteristics of the property
which are significant for platting purposes, e.g. , traffic
density and patterns, road maintenance, building location
• and layout, greenspace, and population density. Therefore,
perhaps the most satisfactory synthesis of the two statutes
and the platting ordinance is to submit the proposed declaration
and floor plans to the City's platting authority for an
` expedited, informal review so that the City may reaffirm
that the design standards which caused the original approval
of the existing plat have not been materially affected. In
this manner, the City obtains its goal of ensuring orderly
development, and the condominium review process conforms to
the intent and purposes of the Minnesota Condominium Act.
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LAW OFFICES
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SCHIEFFER AND CARSON, LTD.
610 BROOKDALE TOWERS
57W AVENUE NORTH AT BROOKOALE CENTER
RICHARD J.SCHIEFFER MINNEAPOLIS, MINNESOTA 55430 TELEPHONE
JEFFREY A.CARSON (612) 661-3200
WILLIAM G.CLELLAND
18 June 1979
Ronald Warren
Director of Planning and Inspection
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
RE: ESTABLISF.MENT OF CONDOMINIUMS WITHIN THE CITY OF BROOKLYN
CENTER
Dear Mr. Warren,
At your request, I have reviewed four specific questions posed by
your department which involve the responsibility of the City of
Brooklyn Center and its zoning and platting ordinances toward the
development and regulation of condominiums. This letter sets forth
• my responses to each specific question.
1. Question. Does the State Statute Chapter 515 apply to Commercial
and Industrial Multi-Tenant Buildings?
Answer. Yes. Chapter 515 of the Minnesota Statutes strictly
regulates and permits the establishment of condominiums within the
State of Minnesota and the Statute contemplates that a condominium is
a division of a building and its common areas and real property into
apartments, and the apartments are then owned in fee and may be treated
as real property and tenants share an undivided interest in the common
areas. Section 515 . 02 defines "building" as a building containing one
or more apartments or two or more buildings each containing one or more
apartments and the definition of "apartment" means. a part of the property.
including one or more rooms or enclosed spaces and the definition of
Ilapartment" in Section 515 . 02 Subd. 2 states, "including but not restricted
to commercial, industrial or residential use. " Clearly, then, the
Legislature contemplated that industrial, commercial, as well as residential
buildings, may be condominiumized and independent ownership established
therein.
2. Question. How large a complex must there be to condominiumize?
Could a two-family dwelling be condominiumized?
• Answer. Yes. Pursuant to Section 515 .02 , as well as Chapter 515
generally, any building may be divided into and established as a condo-
minium and the term building means a building containing one or more
Ronald Warren
18 June 1979
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apartments. The term apartment is defined as Dart of the property
including one or more rooms. As I read Chapter 515 specifically includ-
ing its definitions, a two-family dwelling does fit within the definition
of "building" since it would necessarily contain one or more apartments ,
i.e. one or more enclosed rooms or enclosed spaces and it appears that
the broad purpose of the condominium act is to permit the establishment
of condominiums in any building, irrespective of size.
3. Question.. what are your recommendations as to proper procedures
in conversions to condominiums?
Answer. Pursuant to Minnesota Statutes Section 515 .15 , the declara-
tion of condominium and any amendments thereto must be submitted to
the platting authority of the governing municipality for review. Clearly
Chapter 15 of the Brooklyn Center Ordinances regarding platting applies ,
not only by virtue of Minnesota Statutes Chapter 515 . 15 but also because
Chapter 15 of our Ordinances applies when any division of real property
occurs and the essential feature of a condominium is the division of one
single building into separate apartments or units which, pursuant to
Section 515. 05 thereafter constitute real property with all of the features
and attributes of real property. My first recommendation is that the
City require a review of the condominium declaration and apply the
platting ordinance, Chapter 15 , in all respects to approval of the
declaration and subsequent regulation of the establishment of the
condominium. Minnesota Statutes Chapter 515 .11 sets forth the necessary
information to be contained in the declaration . In your review of the
declaration and subsequent regulation of the condominium, I would also
advise the City to require the developers or establishers of the condo-
minium to strictly adhere to Chapter 15 . The platting ordinance does
give the City Council the power, in Section 15-104 , to require such
additions, deletions, changes or' alterations in the proposed plat to
in the health, safety or welfare of the citizenry or the convenience
if the City and I believe that it would be prudent to review each plat
according to the conditions of any set forth by Chapter 515 to insure
that the developer has complied with State law.
4. Question. Do you see any need to amend or add to the City Zoning
Ordinance, particularly Section 35-311 to 331 and Section 35-900?
Answer. It is difficult at this time to determine where a condomin-
ium would fit within the R-1 to and including R-7 zones . The condominium
has many features of a single-family dwelling but a condominium necessarily
would not fit well in an R-1 district because the building still incorpor-
ates many features of multiple use. Since the various multiple use zones
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Ronald Warren
18 June 1979
page 3
e.g. R-3 through and including R-7 have as part of their criteria
the number of stories of said building, it is difficult to determine
in which R category a condominium would fit. It might be natural
to provide for the condominium to be located in an R-3 zone since that
governs multiple-family residences such as townhouses which are individ-
ually owned but R-3 specifically speaks of townhouses which are
horizontally or linearly attached and having private yards and private
entrances. Clearly, many condominiums will be"high-rises" and they will
have many common areas and hallways and entrances . It is unclear if
a condominium would naturally fit within an R-6 or R-7 zone because
those zones provide for some retail and merchant shops within the complex.
The only answer I have at this time is that there should be a review
of the City Zoning Ordinances by the staff to determine where condominiums
could be and should be more appropriately located. I would be happy
to assist your staff in determining the appropriate location and appro-
priate uses.
f
If you have any questions regarding my response to your inquiry, please
feel free to call me.
Sincerely, a
SCHIEFFER AND CARSON, LTD.
Pelnd
. Assistant City Attorney
City of Brooklyn Center
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Planning Commission Information Sheet
Application No. 79050
Applicant: David Shea (for F & M Savings Bank)
• Location: Xerxes Avenue North and Northway Drive
Request: Site and Building Plan Approval
The applicant requests site and building plan approval for a 5,885 square foot
walk-in and drive-up bank facility at the corner of Xerxes Avenue North and
Northway Drive. The site is bounded on the north by a single-family residential
neighborhood, on the west by vacant CIA zoned property, on the south by Northway
Drive and the Super Value Store, and on the east by Xerxes Avenue North. The
land is zoned CIA and financial institutions are a permitted use in that zone.
Access to the bank is provided by a curb cut off .Xerxes Avenue North at the
northeast corner of the site and by two curb cuts along Northway Drive. An exit
only cut onto Northway Drive is proposed for the drive-through teller facility
on the west side of the building. All curb cuts are 30' wide with the exception
of the cut at the southwest corner of the site onto Northway Drive. The proposed
plan indicates 71 parking stalls on the east portion of the site and an addi-
tional 30 stalls for employees and overflow parking on the west protion of the
site. This far exceeds the ordinance requirement of one stall per 200 square
feet, or about 29 stalls . Driving lanes are 24' throughout with a 16 ' one-way
lane leading into the west parking lot. Setbacks are 35' from public right-of-
way and 15' from the residential neighborhood to the north. The parking lot
setback along the west ;property line is 10 feet. The drive-through teller
facility will have six lanes under a 282' wide canopy with a seventh teller lane
possible for higher vehicles and an optional drive-by lane. Two handicapped
• parking stalls are proposed at the entrance to the bank with an open ramped
stall between them.
The plans show appropriate berming along Xerxes Avenue North and Northway Drive
to screen parking areas. A six foot high cedar privacy fence will be erected
along roughly the entire length of the north property line in accordance with
ordinance requirements . Plantings for the site include six 22" Russian Olives
along the north greenstrip. Numerous junipers are indicated along the north
edge of the site and around the building. Other plantings include Jackmans
Potentilla, Japanese Lilac, Redtwig Dogwood, Amur Maple, Japanese Spreading
Yew, and Golden Mochorange. Plantings are generally indicated along the tops
of berms and adjacent to major driving lanes. The east portion of the site is
to be served by eight light standards . No light standards are shown for the
west parking lot on the drive-up teller area.,
Drainage on the site is generally toward the southeast. There are three catch
basins along Northway Drive and four more planned on the site to handle run-off.
The plans seem to be in order and approval is recommended subject to at least
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 and utility plans are subject to review
and approval by the City Engineer prior to the issuance
of permits.
8-16-79 -1-
Application No. 79050
3. A Performance Agreement and supporting financial guarantee
(in an amount to be determined by the City Manager) shall be
• submitted to assure completion of approved site improvements.
4. The building shall be equipped with an automatic fire
extinguishing system to meet NFPA Standard No. 13 and shall
be connected to a central monitoring device in accordance
with Chapter 5 of the City Ordinances.
5. All outside trash disposal and/or rooftop mechanical equipment
shall be appropriately screened from view:
6. B-612 curb and gutter shall be provided around all parking and
driving areas.
7. An underground irrigation system shall be provided in all land-
scaped areas to facilitate site maintenance.
8. Plan approval is exclusive of all signery which is subject to
the provisions of Chapter 34 of the City Ordinances.
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Planning Commission Information Sheet
Application No. 79051
Applicant: Brooklyn Center Industrial Park
Location: John Martin Drive, west of Perkins Restaurant
Request: Subdivision Approval
The applicant requests a subdivision of Tract N of R.L.S. Pdo. 1325 into Tracts
A and B of a new R.L.S. The land in question is located southerly of John
Martin Drive, northwest of Perkins Restaurant, north of the new American Family
Insurance Building, northeast of the Northwestern Bell property, southeast of
State Farm Insurance and southwest of LaBelles. The proposed R.L.S. will create
Tract A which would be 69,453 square feet and Tract B which would be 59,049 feet.
Tract B is the site of a Berger Brothers Sporting Goods Store (recently approved
by the City Council ) and Tract A is proposed for use by a St. Louis Park Medical
Clinic. A common access agreement is proposed to serve both developments . Also,
a 15' drainage easement exists along the southeast side of Tract B to provide
drainage for the A.F.I .A. property to the south.
The R.L.S. seems to be in oder and approval is recommended subject to the follow-
ing conditions:
1 . The final R.L.S. is subject to review by the City Engineer.
2. The final R.L.S. is subject to the requirements of Chapter 15 of
the City Ordinances.
3. �i nt access agwwl���t common dri vi n agreementsbetween
the owners of tracts A and B as approved by e City Engineer
shall be filed with the title to the property.
4. A 15' drainage easement along the southeast property line for
use by .the property at 5901 John Martin Drive shall be filed
with the title to the property.
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Planning Commission Information Sheet
Application No. 79052
Applicant: Cass Screw Company
Location: 4748 France Avenue North
Request: Site and Building Plan Approval
The applicant seeks site and building plan approval for a 60' x 120' addition
to his existing screw manufacturing plant at 4848 France Avenue North. The
property is zoned I-2 and is bounded by France Avenue North on the west, by
48th Avenue North on the north, by a heavy industrial use on the east and by
Outlots 1 , 2, and 3 of Ryan Lake Terrace Addition on the south. The addition
is proposed for the east side of the building along the present south wall
line, 25' from the south property line. The additional 7,200 square feet of
space will be used primarily for storage with some space used for manufacturing,
both permitted uses in the I-2 zone.
The applicant also proposes to install a newly paved parking area with 46 parking
stalls. The plan shows 13 additional stalls on the site for a total of 59. The
ordinance formula of one stall per 200 square feet of office space and one
stall per 800 square feet of industrial space results in 55 required spaces
(2,628 sq. ft. office; 33,337 sq. ft. industrial ) . The proposed addition
includes a single truck dock on the east end of the north wall . A 20 foot roof
overhang is proposed on the north side of the addition for covered outside
storage and for the dock area. An illegal driveway leading onto 47th Avenue
North will be closed and all truck access will be primarily off 48th Avenue
North.
• The plans indicate elimination of nonconforming parking on 48th Avenue North
and construction of a new parking lot on France Avenue North. Three light
standards are indicated along the east portion of the site and an 8' high wood
fence is proposed on the south side of the parking lot consistent with the
building setback line of 25 feet.
Drainage on the east portion of the site is to be handled by a gutter running
along a line consistent with the west edge of the new parking lot.
The existing Cass Screw facility is nonconforming as to structtr�re, but not use.
The City has allowed nonconforming structures to expand along"Uurrent setback
lines. Because the addition to the building will require a variance from such
setbacks and possibly even an ordinance amendment (see information sheet for 79053) ,
it is recommended that this application be tabled until the setback issue is
resolved.
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Planning Commission Information Sheet
Application No. 79053
Applicant: Cass Screw Company
• Location: 4748 France Avenue North
Request: Variance
The applicant seeks a variance of 75 feet from the required 100 foot buffer
strip where I-2 and R-1 abut at a property line. The variance is in conjunction
with and applies to site and building plan approval for a 60' x 120' addition to
the existing Cass Screw plant along the present 25' setback line. Cass Screw is
bounded on the east by heavy industrial use, on the north by 48th Avenue, on
the west by France Avenue, and on the south by three outlots measuring roughly
5' x 130 ' and zoned R-1 by ommission from any other zoning district. The outlots
abut 47th Avenue North and belong to the owner of the apartment building at 3401
47th Avenue North. On the south side of 47th Avenue North are eight apartment
buildings in the R5 zone.
The applicant has submitted a letter explaining his reasons for requesting a
variance (attached) . In it he states that:
1 . The building would not be as efficient if the addition must be
set back more than 25 feet.
2. The addition will align with the existing building and both
will be kept free of openings.
3. The character of the neighborhood would not be changed.
4. There is ample separation between the apartments and the Cass
Screw plant.
As to the outlots (known as outlots 1 through 7, Ryan Lake Terrace Addition)
and this RI zoning:
I�
j The outlots were included in the approved plat of the Ryan Lake Terrace Addition
(Planning Commission Application No. 60115) for the purpose of denying access
onto 47th Avenue North of any industrial traffic from existing or potential uses
to the north. Their existence has effectively barred industrial development on
I� the north side of 47th Avenue North even though 47th Avenue North is a public
9 P
street. When the Ryan Lake Terrace property was first zoned for apartments in
1962, the entire plat (including the outlots) was zoned R-B (a general apartment
zone) . In 1968, the entire Zoning Ordinance was revised and the description of
land included in the R-5 district was changed to read: "Lots 1 through 7,. Block
1 , and Outlot 8, Ryan Lake Terrace Addition: Thus, Outlots 1 through 7 were
omitted and, failing to appear in any other district, must be considered R-1
property. Staff can find no documentation of intent on for this rezoning.
The Comprehensive Plan speaks to this location on page 68 in the following terms:
f Encourage "cleaning up of the industrial area near Ryan Lake, specifically out-
door storage of materials and equipment, thereby improving the visual appearance
of the area for the benefit of apartment dwellers directly to the south." A
proposed zoning map included in the Comprehensive Plan, however, shows the R-5
zoning district line running along the north side of 47th Avenue North. If the
intent of the Plan were to change the zoning to R-1 , it would seem logical to
show the zoning line on the south side of 47th Avenue North where it is now.
8-16-79 -1-
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Application No. 79053
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If the outlots were zoned R-5, the setback requirement would be only 10' from
an interior lot line. Likewise if the outlots' were zoned I-2 or any other
zone except R-1 , R-2, or R-3, which require a 100' buffer greenstrip. The
previous owner of the outlots in question has indicated, moreover, that the
zoning of the outlots was never taken into consideration in the platting or
rezoning of the Ryan Lake Terrace Addition. Also,the City Attorney has indicated
that an R-1 is "unreasonable" since the lots are not even buildable.
LA LA /�
In light of the unique circumstances surrounding the parcel , S.Wf recommends
that the Planning Commission take e:
t
1 . fi n g that the R-1 f ots 1 thrpugh 71
Ma
4R ak uWa e Addi ti i s en ion�l
OW 7
tlots would be used for under normal circumstances, na
`
for public right-of-way.
cl-.a.
Stteh a variance would seem to meet the ordinance criteria of uniqueness,
hardship, and compatibility with slurrounding land uses . A variance based oti
the above-stated rationale, however, would be only 50' rather than 75' which
the applicant seeks. If the above-stated reasoning is accepted (and made a
part of any variance recommendation) , any variance greater than 50 ' should be
allowed only after amendment to the City's Zoning Ordinance Section 35-413 (1 ) . / ,
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Section 35-240 (cont'd)
2. Standards for Variances
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 individual property under con-
sideration. However, the Board shall not recommend and the City Council
shall in no case permit as a variance any use that is not permitted under this
ordinance in the district where the affected person's land is located. A
variance may be granted by the City Council after demonstration by evidence
that. all of the following qualifications are met:
(a) Because of the particular physical surroundings , shape, or topo-
graphical conditions of the specific parcels of land involved, a
particular hardship to the owner would result, as distinguished
from a mere inconvenience, if the strict letter of the regulations
were to be carried out.
(b) The conditions upon which the application for a variance is based
are unique to the parcel of land for which the variance is sought,
and are not common, generally, to other property within the same
zoning classification.
(c) The alleged hardship is related to the requirements of this ordinance
and has riot been created by any persons presently or formerly
having an interest in the parcel of land.
(d) The granting of the variance will not be detrimental
to the public welfare or injurious to other land or
improvements in the neighborhood in which the
parcel of land is located.
a:
July 5, 1979
Ron Warren,
Director Planning & Inspections
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Re: Cass Screw Machine Products Inc.
4748 France Ave. N.
Brooklyn Center, MN 55429
Dear Mr. Warren :
As we understand the Ordinances of the City of Brooklyn Center,
to do what we wish to do at the above property would require
two applications. First , a "Variance" application . Secondly
a "Plan Approval" application.
Since we have been unable to make contact with you recently, and
since the owner is anxious to proceed as quickly as possible,
• we are submitting documents that seem to be appropriate for the
two applications we are requesting.
First of all for the "Variance" application. We would like to
make the following statements :
1. The Variance requested, is to reduce the width of
the 50' buffer required along the south property line
(between I-2 and R-5) to 251 .
2. This request is being made for the following reasons.
a. The nature of the owners business (machining
metals) makes it necessary to have his machines
arranged in production lines . Every jog or off-
set in the building reduces his opportunity to
use the building,to accommodate his needs.
b. The existing building is presently 25' from the
south property line. If the Variance is granted
it will allow the new addition to align with the
existing building.
C. The existing building and the new addition will be
kept free of openings.
d. We feel the character of the neighborhood would in
no way be changed by this variance since all of the
buildings along the north side of 47th Avenue have
parking to within 25' of their south property line.
Also, there is one parking area enclosed by a precast
wall that appears to come to within 25' of his
property line.
ROBERT KUEBELBECK ARCHITECT, INC.
512 NICOLLET MALL, SUITE 924, MINNEAPOLIS, MN. 55402 . . . 612/370-0477
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Ron Warren
Page Two
e. Finally, 47th Avenue is only one block long with
industrial along the north side and multiple
along the south side. All of the multiple dwellings
are separated from 47th by a boulevard (approx. 25'
in width) , a parking lot (approx. 48 ' in width) and
a front yard (approx. 35 ' in width) . In addition to
these distances there is a 5 ' -0" wide outlet between
the Cass Screw Machine property and 47th Avenue.
Therefore, if the Variance were granted there would
still be approximately 180' (paced - not taped) be-
tween the blank south wall of the proposed addition
and the north face of the multiple dwelling across
the street .
Then, for the "Plan Approval" application we are submitting three
copies of the document required by the Ordinance .
1. Survey by Egan, Field & Nowak, Inc.
2. Drawing P-2, Site Plan .
3. Drawing P-3, Landscape Plan.
4. Drawing P-4, Building Plan & Elevations
5. Drawing P-5, Drainage Plan.
We assume this is enough information to begin the application
processes.
Very truly yours,
ROBEaT KUEBELBEC ARCHITECT, INC.
U
Robert Kuebe• beck
RK:jo
cc: Marvin Greenwald
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