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HomeMy WebLinkAbout1979 07-12 PCP PLANNING COMMISSION AGENDA REGULAR SESSION JULY 12, 1979 1 . Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes: June 28, 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. Brooklyn Center Industrial Park 79035 Site and Building Plan approval for the Berger Brothers retail sporting goods shop located' on John Martin Drive, westerly of Perkins. 6. Mr. Ems Systems, Inc. (Embers) 79039 Extension of Special Use Permit granted in conjunction with the site and building plan .approval (Application No. 78045) for an Embers Restaurant to be located on James Circle, south of Freeway Boulevard. • 7. Williams-O'Brien Associates 79040 Site and Building Plan approval for an addition to the existing MTC building located at 6845 Shingle Creek Parkway. 8. A.E.I. Design, Inc.JBob Ryan Oldsmobile 79041 Special Use Permit, Site and Building Plan approval for an approximate 1 ,100 sq. ft. used • car sales office at Bob Ryan Oldsmobile, 6700 Brooklyn Boulevard. BOARD OF ADJUSTMENTS AND APPEALS 9. Melvin Gittleman 79042 Variance from Section 34-140, 3C (3) of the City Ordinance (Sign Ordinance) to allow two identi- fication signs at the main entrance to the Twin Lake North Apartments and Condominiums, 4500 - 4710 —58th Avenue North. PLANNING COMMISSION 10. Atkins Plumbing and Heating 79043 Site and Building Plan approval to remodel the existing service station at 6550 West River Road with a plumbing and heating contractors I office. �' ,� J 1 i 11 . P. J. Gaughan, Inc. 79044 Site and Building Plan approval to construct a 48 unit townhouse development on a 6.6 acre site located westerly of France Avenue at approxi- materly 68th Avenue North. 12. Car-X Service Systems, Inc. 79045 Special Use Permit, Site and Building Plan approval for a Car-X Muffler Shop at 6810 Brooklyn Boulevard (Previous approvals have been given for this site under Application Nos. 76067, 77020 and 77025) . 13. Discussion Item a. Charlson/Brookdale Ford Plat (Application No. 79019) 14. Other Business 15. Adjournment �.! �f I planning Commission Information Sheet Application No. 79035 Applicant: Brooklyn Center Industrial Park Location: John Martin Drive, west of Perkins Request: Site and Building Plan Approval The applicant seeks site and building plan approval for a 10,245 square foot retail sporting goods store. The building would be located on the 1 .35 acre portion of the easterly half of Tract N. R. L. S. #1325, south of John Martin Drive and west of Perkins Restaurant. Approximately 8,820 square feet of the building is designed for retail sales area and 1 ,425 square feet for storage. The property is zoned C2 and retail sales of sporting goods is a permitted use in that zone. The storage or warehouse space is considered accessory to the principle permitted use and does not constitute a conflict with the zoning. The plan provides for the minimum required 85 parking stalls (two designated for handicapped at the northeast corner of the building and adjacent to a service ramp) . The layout shows a five foot green area along the southeast property line and a seven foot green area along the east property line, in keeping with City standards. A 15 ft. green area from the property line) is provided along John Martin Drive. A 30 ft. common driveway with the neighboring parcel (proposed for the St. Louis Park Medical Clinic) is divided evenly by the west property line. Appropriate access and common roadway agreements will be necessary. A single 14 foot loading bay is planned at the south end of the building. The parcel is fairly level , varying no more than 3 feet over the entire site. Drainage would be in a westerly direction generally. The north portion of the ® site would drain toward John Martin Drive. The southerly portion of the site drains to the northeast and toward a low area in the common driveway. The landscaping plan indicates a 4 ft. high berm in the green area adjacent to John Martin Drive and a 2' berm around the loading dock area. Skyline locusts, Hackberry and Black Hills Spruce are indicated in various areas on the landscape plan, including two island areas. Pfitzer junipers and Japanese barberries are also proposed for the site. The plans seem to be in order and approval is recommended subject to the follow- ing conditions: 1 . The building plans are subject to review and approval by the Building C icial 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. 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 extinguish- ing 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. 7-12-79 -1- ' � Y �' Application No. 79035 5. All outside trash disposal facilities and/or rooftop mechanical equipment shall be appropriately screened from view. • 6. B-612 concrete curb and gutter shall be- provided around all driving and play areas. 7. An underground irrigation system shall be provided in all sodded and planting areas to facilitate site maintenance. 8. The property shall be subdivided through platting or registered land survey. 9. The applicant shall provide the necessary agreements, subject to approval by the City Engineer, to assure joint access and common driving areas for this site and the site immediately to the west. The agreements shall be filed with the title to the property. 10. Plan approval is exclusive of all signery which is subject to the requirements of Chapter 34 of City Ordinances. 7-12-79 -2- i , I PROPOSED ROADWAYS PROPOSED BRIDG ON .� �plll� IIIIIIIIIIIIIIIIIIII ROAD 10 all ppli ppli ppli ppli ppli ppli Planning Commission Information Sheet Application No. 79039 Applicant: Embers Restaurants Location: James Circle Request: Extension of Site and Building Plan and Special Use Permit Approval The applicant requests extension of site and building plan and special use permit approval for a 172 seat Embers Restaurant to be located on James Circle, south of Freeway Boulevard (adjacent to and southerly of the bowling alley site) . The special use permit is required for a C2 use in the I-1 District as provided by Section 35-330 (3) (f) . Under the Zoning Ordinance, special uses which do not commence construction within one year of the date of Council approval , must apply for an extension. This application is in response to that requirement. The plans indicate 93 parking stalls, one more than required by the ordinance. The application was approved by the City Council on July 24, 1978. Since that time, Embers Restaurants has undertaken a redesign program to increase energy efficiency in its new and existing restaurants. The alterations will not alter. the basic site plan or structural design; nor will they change the customer seating capacity or number of employees. (A letter from the applicant is attached for reference) . Approval of the application for extension 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: All conditions agreed to in the previous application are extended with approval of site and building plans and the special use permit. 7-12-79 49/�iM �lI - SYSTEM INC. 1664 UNIVERSITY AVENUE • ST. PAUL, MINNESOTA 55104 ` PHONE: (612) 645-6473 June 7, 1979 Mr. Ronald H. Warren Director of Planning and Inspection City of Brooklyn Center 6301 Shingle Circle Parkway Brooklyn Center, Minnesota 55430 Dear Ron, Enclosed please find Mr Ems System, Inc. application to extend our Special Use Permit and Site and Bldg. Plan Approval as granted to us by the City Council on July 24, 1978. I have assumed that all documents and other infor- mation normally submitted with this type of application are the same as the ones you already have in your File #78045 and therefore, I have not resubmitted them with this application. Thank you for your help. • Most sincerely, Mr Ems System, Inc. y S. Kristal President HK/mcb 6 Enc. p T C 1 SYSTEM INC. 1664 UNIVERSITY AVENUE • ST. PAUL, MINNESOTA 55104 ' PHONE: (612) 645-6473 Reason for request : Embers will soon undertake to redesign the functional and operational portions of its building interior to acco- modate substantial new menu additions and other possible new energy saving devices. Much has already been accom- plished, but much is just nearing final stages of research. These redesign areas will not affect our basic site plan or our basic structural design since at this time, all design changes are in the interior of the building or in rooftop type equipment . Further, there is no proposed change either in customer seating capacity or number of employees who will be working in the building or parking on the parking lot. Thank you for your consideration in this matter. ' � 1 I Section 35-330 (continued) (d) Public transportation terminals (excluding truck terminals) . (e) Accessory uses incidental to the foregoing principal uses when located on the same property with the use to which it is accessory. Such accessory uses to include without being restricted to the following: ( (1) Offstreet parking and off street loading. -(2) Signs as permitted in the Brooklyn Center Sign Ordinance. (3) Storage of raw materials, work in process and inventory , provided such storage is within completely enclosed buildings. (f) Other uses similar in nature to the aforementioned uses, as determined by the City Council. 2. Special Requirements (a) See Section 35-413 of these ordinances. 3 . Special Uses (a) Foundaries, provided that the foundry operation is a necessary incident to a principal use permitted in the I-1 district. (b) Textile mills. (c) Gasoline service stations (See Section 35-41.4) , motor vehicle repair and auto washes provided they do not abut an R1 , R2 , or R3 district, including abutment at a street line; trailer rental in conjunction with these uses, provided that there is adequate trailer parking space. (d) Retail sales of products manufactured, processed, or wholesaled on the use site. (e) Accessory off-site parking not located on the same property with the principal use, subject to the provisions of Section 35-701 . (f) Those commercial developments which, in each specific case, are demonstrated to the City Council to be: (1) Compatible with existing adjacent land uses as well as with those uses permitted in the I-1 district generally; (2) Complementary to existing adjacent land uses as well as to those uses permitted in the I-1 district generally; (3) Of comparable intensity to permitted I-1 district land uses with respect to activity levels: a • • e . Y Section 35-330 (continued) I (4) Planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse "impact upon the industrial park or the community; and, which are described in Section 35-322 , Subsection 1(a) through 1(j); 3 (c); 3 (d); and 3 (g) through 3 (j) . Such commercial developments shall be subject to I-1 district requirements of Section 35-400 and 35-413.and shall otherwise be subject to the ordinance requirements of the use classification which the proposed development represents . (g) Warehousing and storage uses which, in each specific case , are demonstrated to the City Council to be: (1) Compatible with existing adjacent land uses as well as with those uses permitted in the I-1 district generally; (2) Of comparable intensity to permitted I-1 district land uses with respect to activity levels; provided such uses shall adhere to applicable requirements in • the I-1 district and shall not involve maintenance or servicing of vehicles on the site. Section 35-331 . I-2 GENERAL INDUSTRY 1 . Permitted Uses (a) The following .manufacturing activities: (1) Food and kindred products as illustrated by: Dairy products Bakery products Confectionery and related products Beverages , with the exception of malt or malt liquors Macaroni, spaghetti and noodles (2) Textile mill products (3) Apparel and other finished products made from fabrics, leather and similar materials . (4) Lumber and wood products , except saw mills and planing mills producing dimensioned lumber. (5) Furniture and fixtures . ' � _. I • E l.� R5 .•_...• SHINGLE CREEK PARKWAY R 5 il 6T --OPEN SPACE _ 67TH AV 3 z BROOKLYN C a HIGH SCI- a 4. a > AL c Y T L Application Pao. 79039 cc �r r FRE WAY BLVD. �C co C2 Z z o z o ZZ NTRAL - /� 94 W.B. Z i -- PROPOSED ROADWAYS }—C PROPOSED BRIDGES v � i I-1 0 R72 i i li 3 „ °a I �� m SUMMIT W CIAoc �► C2 J > Planning Commission Information Sheet Application No. 79040 Applicant: Williams-O'Brien Associates for MTC Location: 6845 Shingle Creek Parkway Request: Site and Building Plan Approval The applicant is seeking site and building plan approval for an addition to the existing MTC Garage located at 6845 Shingle Creek Parkway. The site is bounded on the north by Shingle Creek Parkway, on the west by Shingle Creek, on the east by the planned Spec. 9 industrial site and vacant industrially zoned property to the south. The applicant proposes to construct a new 223 stall parking lot to accommodate an expanded operation which would include construction of a driver and dispatch area on the south side of the building, a new boiler and mechanics area on the north side of the building and a new maintenance area and bus entry area on the west side of the existing building. Internally a new service bay area would be constructed and various maintenance equipment would be relocated. The expansion would make it possible for the garage to house up to 200 buses, while it is anticipated that there would normally be 175 buses on the site. MTC estimates that the maximum number of employees at any one time would be approximately 100. They show total parking on the site plan of 337 spaces, six of which would be handicapped stalls. The parking provided exceeds the ordinance formula based on the number of employees as well as the square footage calculation. The new driver/dispatch area on the south would include lockers, lavatories, a drivers lounge, a dispatch area as well as some offices. The new boiler and mechanics area on the north side would include space for the boiler and electrical areas, along with storage area for sand, salt and dirt, and a mechanics locker and lunch room. The new maintenance area would include space for parts and equipment storage, and area for bus mechanical work, a foreman's office and an advertising shop. The bus traffic flow would be such that buses would enter the site off Shingle Creek Parkway at the northwest entrance, would enter the building at the south- westerly side of the building, and then continue through the building to the drivers area where the drivers would have the buses for runners to continue with the servicing and parking of the vehicles. Buses, for the most part, would not need to leave the building for servicing and parking. It is expected that the only times buses would be outside the garage would be for arrival and departure of scheduled routes. With respect to the landscape and berming plans, the applicant proposes to extend an existing berm on the westerly portion of the site, between the building and the Shingle Creek greenstrip, southerly around the new parking lot to provide screening from the greesnstrip. The City currently is holding approximately $20,000.00 of a site performance bond posted by Rauenhorst Corporation for landscape and other site improvements under the original plan approval . Rauenhorst has indicated that they will complete their portion of the site work. At the time of the original approval , landscaping south of the building, in the area of the new parking lot, had been deferred in anti- cipation of an expansion of the MTC garage. 7-12-79 -1- � i • Application No. 79040 The applicant has submitted a landscape plan that indicates additional trees and • plantings throughout the site as well as the deferred area. They also propose to relocate existing trees and shrubs affected by the expansion. We have reviewed with the applicant the possibility of having a joint access with the Spec. 9 building on the eastern portion of the site. They are willing to cooperate with regard to such an access and we will be pursuing this further although the submitted plans _do not indicate a joint access. The plan shows the exterior finish of the new additions to be compatible with the existing building, that being precast concrete panels with a vertical scoring texture. The plans seem to be in order and we will be prepared to review them is more detail . Plan approval should be 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. Drainage, grading and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 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 additions 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 equipment and rooftop mechanical equipment shall be appropriately screened from view. 6. B-612 curb and gutter shall be provided around all driving and parking areas. 7. An underground irrigation system shall be provided in all sodded and planting areas to facilitate site maintenance. 8. Plan approval acknowledges that the applicant is willing to share a common access onto Shingle Creek Parkway with the property immediately to the east. 7-12-79 -2- � - M � I CITY MAINTENANCE BUILDING PAW viii Planning Commission Information Sheet Application No. 79041 Applicant: Bob Ryan Oldsmobile Location: 6700 Brooklyn Boulevard Request: Site and Building Plan and Special Use Permit Approval The applicant seeks site and building plan approval for an 1 ,148 sq. ft. used car sales office, a special use in the C2 zone. The building would be 28' x 41 ' constructed south and east of the existing sales building on top of a concrete platform covering the center of the sales area. The new used car sales office will contain four offices and a lounge area. It will be connected to the main sales building by a canopy establishing a consistent roof-line for the new and existing buildings. The proposed building will be serviced by two handicapped parking stalls. These stalls will fulfill state handicapped access requirements of one space per fifty (50) regular parking spaces. Both buildings are accessible by means of a ramp leading to a 12' wide open area between the buildings. The exterior treatment of the new sales office will be similar to the existing building and roof. A planter is proposed at the southwest corner of the structure. The plans seem to be in order and approval is recommended subject to the following conditions: 1 . The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. • 2. All outside trash disposal equipment and/or rooftop mechanical equipment shall be appropriately screened from view. 3. Plan approval is exclusive of all signery which is subject to the requirements of Chapter 34 of the City Ordinances. 4. The special use permit is acknowledged for continued approval , is issued to the operator of the facilities, and is nontransferable. 5. The special use permit is subject to all applicable codes, ordinances, and regulations, any violation thereof shall be grounds for revocation. 6. The performance bond currently being held for site improvements under Application No. 78001 shall be retained to assure completion of approved site improvements. 6-28-79 �tlr ' �` T11- 1 a 4I V - CITY - W LANE ��O — F i 00 J TO H AVE N. C 2 " l v AV N. - LANE j _ o CJTH AVE H 11.3.— POST _ --1- i OFFICE MOUNI � - � � WATER Z CEMET; TOWER a - z J i R3 -- N � SUTH V w R2 J PASO W - Application No. 75JJ 41 o it z -- / REE PA 7 T H AVE N.. s t_L___I / _Q .. 94 _ --- gill s C 06 T H AvE --,� T AV P I it 1 1 yy 1VIN TERM LAN N. 6 5 TH PVE J _ ss TH A B ROOKLANE x - - PARK - C I ° --- _ -GARDEN CITY -- - — -- SCHOOL 64TH AVE N --- --- y.1 PARK oft ELCA OR LA ' , I 1 • ` Planning Commission Information Sheet s r Application No. 79042 Applicant: Gittleman Corporation Location: 4500 - 4710 - 58th Avenue North Request: Variance from Sign Ordinance The applicant requests a variance from Section 34-140, 3C (3) of the Sign Ordinance which allows only one freestanding identification sign not to exceed 36 square feet at each major entrance. The applicant desires to place two identification signs totaling 36 square feet in area at a single common entrance to the Twin Lake North Apartments and the Twin Lake North Condominiums. The applicant argues in a letter of application (attached) that `the ordinance requirements for a variance from the Sign Ordinance are met because: 1 . The driveway extending into both developments creates a hardship because it is divided generally by the municipal boundary of Brooklyn Center and Crystal , and the topography is poor on the Crystal side of the entrance. 2. The situation is unique in that the main entrance serves two separate developments, one in Brooklyn Center and one in Crystal . 3. Granting of the variance will not be detrimental to the public welfare or injurious to other property because the total area of the signs is within the maximum allowed by the Ordinance. The Commission is referred to Section 34-180 containing the Standards for Variances from the Sign Ordinance (attached) . It is not felt that the proposal meets the requirements listed therein. A consistent reading of the Sign Ordinance requires that only one freestanding identification sign be allowed per major entrance to a clustered establishment. No matter how many business or other uses share a common entrance, only one freestanding sign is allowed for identification purposes at each entrance. The applicant's situation, therefore, does not seem unique. A hardship is not demonstrated in this case apart from the applicant's aesthetic judgment which is considered too subjective a basis for determining hardship. The applicant will not suffer a particular hardship under a literal reading of the ordinance since he will still be entitled to one 36 square foot free- standing sign, as would be allowed in any similar circumstance. The variance, if granted, would not greatly improve the visibility of the complex, but could pose a safety hazard by possibly construing the common entrance as two separate entrances, divided by the median. The proposal , there- fore, seems at least potentially detrimental to the public welfare inasmuchas it creates a potential traffic hazard. Based on the foregoing, it is recommended that the variance be denied because it does "not meet the standards for a variance in the. Sign Ordinance. 7-12-79 I 01 i TWIN LAKE NORTH APARTMENTS 4536-58th Avenue North/Brooklyn Center, Minnesota 55429 , Management Office Telephone (612) 533-1168 June 27, 1979 Mr. Ron Warren Planning Department City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Twin Lake North Apartments Twin Lake North Condominium Homes Dear Mr. Warren: At the outset I would like to take this opportunity to thank you and Mr. Will Dahn for taking the time to visit with me last week, and for the information and guidance regarding your sign ordinances. As I discussed with you, I am herewith enclosing the completed appli- cation provided me and our check in the amount of fifteen dollars necessary to bring the matter before the Board of Adjustments and Appeals; which, in this. instance, is the same as the Planning Commission. It is my understand- ing that this will come before the Commission during their regularly scheduled meeting on Thursday evening, July 12. If this is not correct or if there is anything else which you might require, please let me know in advance of the meeting date. Also _enclosed are ten copies of the sign design and location plan which we are proposing to erect on the main entrance to our developments off of Bass Lake Road. Please be advised that it is our intent to waive any rights to erect any kind of additional signage, now or in the future, by our sec- ondary entrance to the development which is also located off of Bass Lake Road. We respectfully request that a variance and permit be issued based on the following circumstances: 1) While the main common entrance serving both the apartment buildings and the condominium building is located within the boundary limits of Brooklyn Center, the driveway extending into both developments is generally split with half of the driveway being located in Brooklyn Center and the other half within the city limits of Crystal . ® GITTLEMAN CORPORATION•development•construction•management 1301 7900 Xerxes Avenue South/Minneapolis, Minn.55431/(612)831-2505 y ` Mr. Ron Warren Page 2 June 27, 1979 The steep grades of the topography together with the con- figuration of the entrance on the Crystal side of the entrance creates a hardship if not an impossibility to erect an appro- priate and permanent identification sign applicable to the condominium building. 2) The situation is unique in that the main entrance to the pro- perty serves two separate developments, one of which is located in Brooklyn Center and the other in Crystal . 3) We believe that granting of the variance will not in any way be detrimental to the public welfare or injurious to other property in the neighborhood. The two signs proposed total 36 square feet, which is allowable under- your ordinance. It is our belief that two signs totaling 36 square feet rather than a single large one would be more attractive, would better and more clearly serve the function of appropriate identification, and would be less massive , and obtrusive. It should be noted that the signage proposed is an integral part of the entrance fence and landscape plan, providing the balance of two separate and similar signs rather than a single large one. We would also like to point out that the signs are simple in design and would not include any advertising or descriptive wordage. They would be constructed of two-inch cedar material with carved lettering and therefore, would be of a substantial and .permanent nature. We respectfully submit that the granting of this variance would be justified, and in the best interest of the community. .Yours very truly, THE TWIN LAKE NOR MPANY Melvin Gittl� an MCG/dh enclosures i01 r Section 34-140 (continued) 3. C. (3) Cluster developments or complexes in R-3 through R-7 di:.hots involving three or more buildin s and not less than 36 dwelling units may have on-- freestanding identification sign with a maximum area of 36 square feet at each major entrance to said development or comple, , not to cxcced a total of 2 signs. Such sign (�) shall not extend more than 10 feet above ground level. D. Public and Semi-Public Places (All Districts) (1) Churches, synagogues and temples may have the following Signs: (a) One freestanding sign with the sign area not to exceed 35 square feet. The sign hall not e. tc-nd more than 10 feet aj,-ove the ground. level. There may bo a second such sign if the use abuts two or more streets. (b) One wall sign immediately above or beside each public_ entrance to that part of the building which is used as a school and meets the requ`rements of the Minnesota Deporti-nert of Education, tho sign area not to exceed 1.0 sgi.are feet. (2) Other public and semi-public a es, including private clubs iand lodges: (a) Freestanding ,signs as specified above for churches, synagogues and temples. (b) One wall sign, the maximum area not to exceed 36 square feet. Section 34-150 . SIGN PERMITS No sign shall hereafter be erected, re-erected or altered unless a permit for each such sign has been obtained or unless permitt d by Section 34-140, Division 2 of this ordinance. In addition, electrical permits chall be obtained for all electric £igTls. Application for a sign permit shall be made in riting upon forms furnished by the building Inspector. Such application shall contain the location by street and number of the proposed sign structure, as well as t e name and address of the owner and the sign contractor, or erector. The Building Inspector may require filing of plans or other pertinent information where, in his opinion, such infor- mation is necessary to insure compliance with this ordinance. i • Section 34-180. VARIANCES (ADJUSTMENTS) The procedure for obtaining a variance Jrom the requirements of this ordinance shall be the same as set out in S ction 35-24.0 of the Ordinances of the City of Brock Iyn 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 distinctiva 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 h_rdship; circumstances caused by the prcperty owner or the applicant or a predecessor in title shall not constitute sufficient justification to grazit a varriancn. A variance may be granted by the City �:oun::.il after demon- stration Ly evi.donce that all of the follov7inu qualifications are 1 . A particular hardship to the owner would result if the strict letter of the regulations were carried c,iit; 2. The conditions upon which the app ication for a variance is based are a daze to the parcel of 1 nd or the-use thereon for which the variance is sought and are not common, generally, to other property or uses thereof within t'_ne 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 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 It shall be unlawful for any person, fir 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 �, � � ��E: � / 111 111 '■■■ ,. IN 111111N IN 11 ■ �� OWN INN Ml Lj Ve(>r ZW Ing Mom v mom At IN I • Planning Commission Information Sheet Application No. 79043 Applicant: Howard Atkins Location: 6550 West River Road Request: Site and Building Plan Approval The applicant seeks site and building plan approval to add onto and remodel an abandoned service station at 6550 West River RoaJ for use as a plumbing contractors office. The building, with the addition, would be approximately 2600 sq. ft. with about 1400 sq. ft. being devot d to office use and the remainder for warehouse and storage purposes. The property is zoned C2. The site plan comprehends an area for outdoor st rage to be enclosed by a 6 ft. high opaque fence as required by Section 35-412 Df the City Ordinances. The plan also proposes nine parking stalls, which would be 4 short of the minimum required using the service/office parking formul . However, the applicant has also provided a proof of parking indicating additional parking stalls can be provided on the site. The 9 stalls provided is Dased on the service office parking formula for 1400 square feet and the war house formula for the remainder. The applicant proposes to close two existing cur cuts on the 66th Avenue and one on West River Road, resulting in an L-shaped sodded and sprinklered area at the corner. The property will be served by a 30 foot wide curb cut at the southwest corner of the property along West River Road. A 6 ft. wide riprap area would be installed at the northeast corner of th property leading to 66th Avenue North to assist with site drainage. • The greenstrip area along West River Road does n t meet the present requirement of 15 feet. The applicant has been requested to modify his current plan to provide the greenstrip area. This may have an effect on the parking layout proposed as well . The exterior of the building would be stucco, anJ a mansard roof treatment would be carried entirely around the building. The ar a behind the screen fence is presently concrete block and would be painted to match the stucco treatment. The applicant proposes to add shrubbery, such as d!Narf junipers and pyramidal arborvitae, around the perimeter of the site to fill in with existing shrubs and plantings. An underground irrigation system in sodded areas is also provided. Plan approval should be subject to at least the following conditions: 1 . Building plans are subject to review anJ approval by the Building Official with respect to appli able codes prior to the issuance of permits. 2. Drainage, grading and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A Performance Agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be isubmitted to assure completion of approved site improvements. 4. The building shall be equipped with an automatic fire exting- uishing system to meet NFPA Standard No. 13 and shall be connected to a central monitoring device in accor ance with Chapter 5 of the City Ordinances. 7-12-79 -1- , � i I • ,{ i Application No. 79043 5. An underground irrigation system shall be provided in all sodded and planting areas to facilitate site maintenance. 6. All outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 7. A continuation of 8-6 curbing shall be permitted around driving areas. 7-12-79 -2- r x r� � ra � • t �r rr �■ r rr� - 11. # '� ii i■�i r�r��r�. it ■ ■t/ ; � rr rr r� �� �e ■�i�� r�r = }' 'r. .r rr wl L lip �I r�i i ► . �■ rt r� rr r� r � ��� Planning Commission Information Sheet Planning Commission Application No. 79044 Applicant: P. J. Gaughan, Inc. Location: Westerly of France Avenue at approximately 68th Avenue North Request: Site and Building Plan Approval The applicant is seeking site and building plan approval to construct a 48 unit townhouse development on an approximate 6.5 acre site located westerly of France Avenue at 68th Avenue North . The property is zoned R3 which permits townhouses or garden apartments and single family attached condominiums at a density of 8 dwelling units per acre. The property is bounded on the north by five R3 zoned properties facing 69th Avenue North and the City Water Tower; on the ea;t by France Avenue; on the west C2 zoned property; and on the south by thre single family residential parcels, two of which abut Grimes Avenue and the other, France Avenue North. The 48 townhouse units would all be 3 bedroom units and would be clustered in groups of 6 units to a cluster. Two handicapped units are contemplated for the complex. All units, with the exception of tie handicapped units, would be two levels. Two different floor plans are pr posed. The applicant com- prehends meeting the ordinance required parking f 96 spaces by providing 61 outside parking stalls and 35 garage stalls . A network of walkways, accessible to the handicapped, joins living unit;, garages and open space/ recreational areas within the development. Access to the site is primarily off France Avenu with one access point at • the northeast corner of the site and the other a 68th Avenue. A third access point is located where Grimes Avenue deadends. t is questionable as to whether this is a desirable location because it 's anticipated that it would encourage cut-through traffic through the develo ment. This access point will be reviewed further by the Fire Chief to see if it is needed from an emergency, or fire safety standpoint. All roads in the dev lopment are private roadways . A four foot high opaque screen fence is required where R3 abuts R1 , and such a screening device is indicated along the south roperty line. In addition, a 6 ' high opaque redwood fence is being proposed along the west property line to screen the townhouse complex from the car dea erships to the west. Berming is proposed along France Avenue North. Based on the ordinance criteria, seven 6" diameter trees are for this develop- ment. The applicant proposes 3 Norway Maples and 4 Green Ash on the site to meet this requirement. Sparkler crab, sugar maple, and Colorado Green Spruce are also proposed. Shrubs and plantings include purple lilac, purple leaf sand cherry, Sieberian Arborvitae and maney Juniper. They also propose seed in certain areas of the site, primarily in the common or open space area . The common and recreational areas include playground equipment in three separate areas as well as a tennis court. Plan approval should be subject to at least the following conditions: 1 . Building Plans are subject to the review and approval by the Building Official with respect to a plicable codes prior to the issuance of permits. 7-12-79 -1- ` � • i Application No. 79044 2. Drainage, grading, and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. • 3. A performance agreement and supporting financial guarantee (in an amount to be determined by the City anager) shall be submitted to assure the completion of a proved site improvements. 4. All outside trash disposal facilities s all be appropriately screened from view. 5. B-612 curb and gutter shall be provided around all driving and parking areas. • 7-12-79 -2- i t Ii . , l YE,N' u z 3 z i SUTH AYE N z VS— POST > OFFICE - T- - z _ _1 MOUND _ } WATE. !" - +- _ +- CEMETERY 2 SOWER cz + > - __ 60TH ----------- r___ ► o or w __----- .Appl ication Pao. 79044 t FREEWAY PARK J � — 6 T A V E T AV LLTL� i 1 I I I W i I t - I _ j � I b SS TM AVE a / 65 T« AVET« 1- BROOKLANE -� - - PARK i GARDEN CITY -- _ - SCHOOL 61TH AVE N - - -t-- - PARK DR C 2 0,H i 63RD AV£ N . Z FIRE _ -- STA. - s • w • I 1 Planning Commission Information Sheet Application No. 79045 Applicant: Car-X Service Systems, Inc. Location: 6810 Brooklyn Boulevard Request: Special Use Permit and Site Building Plan Approval The applicant is seeking a special use permit and site and building plan approval to construct and operate a muffler shop at 6810 Brooklyn Boulevard. Motor vehicle repair is a special use in the C2 zoning district. A special use permit and site and building plan approval was granted under Application No. 76067 in December, 1976 for a Ca -X Muffler Shop on this same. site. Site and Building Plan approval for a Win hell 's Donut Shop on the southerly portion of this site was granted under Application No. 77020 in June, 1977. The concept created a sort of "mini-commercial center" with Car-X being the owner of the site and leasing a building to inchell 's for their use. The concept never materialized and Car-X is proposing to go forth with their plan. The special use permit expired one year after approval because construction never got underway and no extension was ever requested Car-X proposes to construct an approximate 3,200 sq. ft. , four stall muffler service shop. The Plans do not differ much from those approved in 1976. They indicate parking for 15 vehicles, with one being for handicapped. They base this on the automobile service station parking formula of 3 stalls for each enclosed service bay and one space for each employee. They have also provided a proof of parking showing 30 spaces can be located on the site. Based on the retail store parking formula, 29 spaces would be required for an approximate 3,200 sq. ft. building. The applicant is requesting to defer certain lan scape improvements and the underground irrigation systems on a portion of t e site in hope that they may be able to lease or develop the southerly portion of the site at a future date. The Commission may well wish to discuss such def rrals in more depth at Thursday's meeting. Any deferral of improvementE for the southerly area should be a specific time period and the applica t should be well aware that the performance bond will not be released until such time as the area is dealth with. The exterior treatment proposed is a face brick With the treatment being uniformly applied around the building. A public hearing has been scheduled and notices lave been sent. Plan approval should be subject to at least the lollowing conditions: 1 . Building plans are subject to review anc 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. 7-12-79 -1- �` � r I Application No. 79045 A 3. A performance agreement and supporting inancial guarantee (in an amount to be determined by the C ty Manager) shall be • submitted to assure completion of a•ppro lutomatic ed site improvements . 4. The building shall be equipped with an fire exting- uishing 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 equipment and rooftop mechanical equipment shall be appropriately screened from view. 6. B-612 curb and gutter shall be provided around all driving and parking areas. 7. The special use permit is issued to the applicant as operator of the facility and is nontransferable. 8. The permit shall be subject to all applicable ordinances, codes and regulations, and violation thereof shall be grounds for revocation. 9. An underground irrigation system shall te provided in all landscaped areas to facilitate site mai tenance. Installation of the irrigation system on the southerly portion of the site proposed for future development, may be deferred for up to two years. The performance bond will n t be released in its • entirety until the total system is installed. 7-12-79 -2- L�� A • � I R5 1 � TO • w H AvE N. v ; � I > i > LLOW LANE < � w PARK F` a Ra AN' I ZL-L 1 W 69TH AVE N a z U- — Ll -ll� � POST �- OFFICE �_ z WATrP m J - o Z f APPLICATION NO. 79045 N peg 68TH AVE C 2 z J Q J > T m -- -- — a - a --- V O Q z — - 7 TH AVE N. s nQ4 ---__ Q Pf- 66 T N AYE .T T AV A Q Q W lT_ o R5 wiN rER LAN f c N. 65TH vE b / 657 BROOKLANE -- — _ PARK, - --- > GARDEN CITY SCHOOL a - u - 64TH AVE N A _ - - PARK Stn /1 +r ,f., s