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HomeMy WebLinkAbout1978 03-09 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION March 9, 1978 Call to Order The Planning Commission met in regular session and was called to order at 8:00 p.m. by Chairman Gilbert Engdahl . Roll Call : Chairman Engdahl , Commissioners Malecki , Jacobson and Hawes. Also present were Director of Public Works James Merila, Director of Planning and Inspection Blair Tremere and Planning Aide Laurie Thompson. Approve Minutes: Chairman Engdahl stated approval of the minutes of the February 23, 1978 meeting would be deferred until later in the meeting. Application No. 78008 Following the Chairman's explanation the first item of (Philip L. Neese) consideration was Application No. 78008 submitted by Philip Neese. The Secretary stated the applicant sought preliminary plat approval for the. property located at the southwest corner of 69th and West River Road. Commissioner Sazama Arrives Commissioner Sazama arrived at 8:05 p.m. The Secretary reviewed transparencies of the prelimi- nary plat and the area. He also showed a transparency of the master subdivision plan for the entire area between Bryant Avenue and West River and between 68th and 69th Avenue. He explained that dedication for additional road right- of-way along 69th Avenue North and West River Road to allow for an eventual right turn lane was included on the plat. He added that access would be from 69th Avenue and from West River Road for the two new lots. He stated that in order to have access as far away as possible from the intersection that the driveway on Lot 3 should be as close as possible to the south lot line,and the driveway on Lot 2 should be located as close as possible to the west lot line. Chairman Engdahl stated that 69th Avenue and West River Road are both defined by the Zoning Ordinance as major thoroughfares, and that houses would be required to be set back 50 feet from the front property lines. The Director of Public Works stated that the State and County Highway Departments have found access to these properties from 69th Avenue and West River acceptable, provided that the driveways are located as far as possible from the intersection. Chairman Engdahl recognized the applicant, Mr. Philip Neese, who stated that all conditions discussed are satisfactory and would be complied with. Public Hearing Chairman Engdahl announced a public hearing had been scheduled. It was noted that no one spoke regarding the application. There was a motion by Commissioner Jacobson seconded by Commissioner Hawes to close the public hearing. The motion passed unanimously. Commissioner Hawes questioned whether there would be any problem with provision of utilities to the area. The Secretary responded that all utilities were avail- able with the exception of natural gas. He stated the City had discussed provision for natural gas along 69th Avenue North with Minnegasco, and that it was the in- tention of the gas company to install a gas line in 69th Avenue this season. He stated that building permits comprehending gas applicances and heat would not be issued for these properties without a written commitment from Minnegasco that natural gas will be available. -1- 3-9-78 Motion by Commissioner Jacobson seconded by Commissioner Recommend Approval of Malecki to recommend approval of Application No. 78008 Application No. 78008` submitted by Philip Neese subject to the following (Philip Neese) conditions: 1 . Final plat is subject to approval by the City Engineer. 2. Final plat is subject to the requirements of Chapter 15 of the City Ordinances. 3. The driveway on the proposed Lot No. 3 shall be located as close as possible to , the south lot line and the driveway on the proposed Lot 2 shall be located as close as possible to the west lot line as approved by the City. The motion passed unanimously. The next item of consideration was application No. Application No. 78011 78011 submitted by Pilgrim Cleaners. The Secretary (Pilgrim Cleaners) stated the applicant sought approval of a preliminary plat which would combine the two properties located at 6846 and 6850 Brooklyn Boulevard. He stated this combination was required by Section 35-550 of the Zoning Ordinance and had been stipulated as a condition of approval of Application No. 78010. He reviewed a transparency of the area and stated that since the property had not been previously platted, the proposed plat would eliminate a lengthy metes and bounds description. He stated that the County Highway Department might require additional road right-of-way along 69th Avenue in anticipation of future upgrading and expansion of County Road No. 130; but that only an easement for pedestrian walkway is recommended at this time. The City Engineer stated that the State and County Highway Departments had been sent copies of the pre- liminary plat, but that the City had not received a response. Chairman Engdahl announced a public hearing had been Public Hearing scheduled. It was noted that no one spoke regarding the application. Motion by Commissioner Malecki seconded by Commissioner Hawes to close the public hearing. The motion passed unanimously. Chairman Engdahl recognized Mr. Don Rosen, representing the applicant. Mr. Rosen stated it was still uncertain at this time whether this subdivision would be a registered land survey or a plat. He stated his attorney was still researching the matter. He continued that he had no objection to providing an easement for a pedestrian walkway. Following further discussion, there was a motion by Com- Recommend Approval of missioner Malecki seconded by Commissioner `Sazama to Application No. 78011 recommend approval of Application No. 78011 submitted by (Pilgrim Cleaners) Pilgrim Cleaners subject to the following conditions: 1 . Final plat is subject to approval by the City Engineer. 2. Final plat is subject to the requirements of Chapter 15 of the City Ordinances. 3. An easement for pedestrian walkway purposes shall be provided along 69th Avenue as approved by the City Engineer. The motion passed unanimously. 3-9-78 -2- Applications No... 78012 and The next items of consideration were Applications No. No. 78017 78012 and No. 78017 submitted by Rozella L. Gunderson. (Rozel,la L. Gunderson) The Secretary introduced the items stating that Appli- cation No. 78012 was for preliminary plat approval of the property located on the 800 Block between 68th and 69th Avenues North. The Secretary reviewed transparencies of the area and of the subdivision. He stated that at present the subject property was two long narrow parcels extending from 68th Avenue to 69th Avenue. He stated there were houses at the north end of each parcel on 69th Avenue. He explained that the proposed subdivision would divide the two parcels into 8 lots, creating a total of six new lots. He stated that access would be provided by extension of Aldrich Avenue which would end in a cul- de-sac. He stated that full right-of-way would be ded cated for Aldrich Avenue, but that a reduced cul- de-sac radius was proposed, which required a variance from the Subdivision Ordinance (Application No. 78017) . The City Engineer reviewed the master plan for the area. He stated that it was anticipated that event- ual y a roadway located approximately halfway between 68th and 69th Avenue running east and west would tie in with the cul-de-sac. He stated that the Subdivision Ordinance required a 60 foot radius cul-de-sac. He rev ewed a transparency which showed the effect of providing a 60 ft. radius cul-de-sac on the subdivision, and explained that it would create a need for variances on the size of the lots. He continued that with the dev lopment of the future road, the variance would be neg ted because there would be a corner provided and the cul-de-sac would be unnecessary. He continued that there were other cul-de-sacs in the City compar- able in size to the one proposed under this application and that the turning radius provided was sufficient for maintenance and emergency vehicles. Chairman Engdahl stated that since there would be no acc ss to the cul-de-sac from the east, only the lots in the proposed subdivision would use the cul-de-sac and that, therefore, the variance would only affect those lots in the subdivision. Chairman Engdahl recognized the applicant, Rozella Gunderson who stated she had nothing to add to the appI ication. Public Hearing Chairman Engdahl stated that a public hearing had been sch duled. He recognized Mr. Paul Rosso who stated he and Mrs . Melba Evenson represented the property to the east. He stated his concern that the Planning Co ission had no jurisdiction to approve a design for a road which did not yet exist. He stated that the application was without substance because no roadway had been petitioned by 51% of the affected property owners. The City Engineer explained that the application was for preliminary plat approval and dedication of a road right-of-way. He explained that road construct- ion would be subject to future public hearings as a public improvement project. He and the Secretary ex- plained the procedures for petitioning for roadway construction. He stated that approval of road design through preliminary plat which dedicated the public street was the first step. He continued that the second step was to declare a public works project for improving the street, and that improving a public street can be initiated by a petition signed by 51% of the property owners affected by the street. He con- tinued that in this case over 51% of the land bene- fited is contained in the plat, and that the developer of the plat would be requesting these improvements. -3- 3-9-78 He stated a petition would be circulated and that the ` property owners to the east could sign for or against the street improvements. He stated that these were the normal procedures for dedicating and improving a public street, and that the approved and installed improvements would be assessed against all the affected properties. He pointed out that although the neighboring owner is concerned about the cost of these assessments, the development of this roadway represents the first possibility for developing that owner's property. Mrs. Evenson stated that she felt that consideration of Application No. 78017 was premature. She questioned how long the proposed temporary cul-de-sac would be deemed "temporary." The City Engineer responded that it was possible the cul-de-sac would be permanent if the property to the east did not develop as anticipated. He continued that there are other cul-de-sacs in Brooklyn Center which were comparable to this proposed cul-de-sac and that since there was no access to the cul-de-sac to the east, the only time that property owner would be. affected by the cul-de-sac would be when the property to the east is platted. Chairman Engdahl asked the staff to provide further explanation of the steps involved in improving a public street for Mrs. Evenson, before the Council meeting. A motion by Commissioner Jacobson seconded by Commissioner Close Public Hearing Malecki to close the public hearing. The motion passed unanimously. A discussion ensued relative to the preliminary plat. Commissioner Sazama questioned whether the area was subject to flood plain elevations and whether there were any water table problems in the area. The City Engineer responded that the area was not subject to the Twin Lake flood plain elevations, but that it would be necessary to check the soil conditions before issuing building permits since there had been some problem in `the surrounding area with a high water table. Commissioner Hawes questioned whether there was a possibility that the indicated future roadway would never be built. The City Engineer stated that it was possible since the owners of that property might elect not to deveop the property. The Secretary commented that Mr. Rosso had stated the property may have a greater value developed as multiple-family residential , such as property north of 69th Avenue, but that the Comprehensive Plan for the Northeast Neighborhood calls for filling out the area with single-family residential development. He stated that the Northeast Neighborhood has the highest concentration of multiple-family residential property in the City, and that development of this area with further multiple-residential uses was unlikely. Following further discussion there was a motion by Recommend Approval of Commissioner Sazama seconded by Commissioner Hawes to Application No. 78012 recommend approval of application No. 78012 submitted (Rozella L. Gunderson) by Rozella L. Gunderson subject to the following conditions: 1 . Final plat is subject to approval by the City Engineer. 2. Final plat is subject to the requirements of Chapter 15 of the City Ordinances. 3-9-78 -4- Recommend Approval of Following a review of the standards for subdivision Application No. 78017 variances there was a motion by Commissioner Jacobson (Rozella L. Gunderson) seconded by Commissioner Malecki to recommend approval of Application No. 78017 submitted by Rozella L. Gunderson,relative to the dimensions of the cul-de-sac street, for the following reasons: 1 . There are special circumstances or conditions affecting said property such that strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of his land. 2. The variance is necessary for the preserv- ation and enjoyment of a substantial property right of the petitioner. 3. The granting of the variance will not be detrimental to the public welfare or in- jurious to other property in the territory in which said property is situated. The motion passed unanimously. Application No. 78013 The next item of consideration was Application No. (Sheehy Management Company) 78013 submitted by Sheehy Management Company. The Secretary stated the applicant sought a special use permit to operate a health and athletic club in the facilities on the top level of the high-rise office building located at 6120 Earle Brown Drive. He showed a transparency of the area and stated that health and athletic clubs are permitted special uses in the C-2 (Commercial ) and I-1 (Industrial Park) Zoning Districts. He continued that two nontransferable special use permits for comparable health clubs had been issued to the property since it was built in 1974. He stated that those applications were treated as amendments to the original special use to allow an office building in the I-1 Zoning District. : He stated that the facilities, including racquet ball courts, were originally comprehended to serve the occupants of the building, and that the owner now elected to have the facility available to the public. He added that, unlike the two previous applications which were sub- mitted by private vendors,. this applicant represents the ownership of the building. Chairman Engdahl questioned whether there had been any change in the use. The Secretary replied that there was no change in use, but that special use permits are not transferable. He stated that because a new operator was involved, a new special use permit was required. He stated the facilities were already in use and when the City had become aware of this, the applicant had been notified that a special use permit is required. He explained that a recommended condition of approval , was that the occupancy on the eighth floor at any given time shall not exceed 200 persons, and was a Building Code regulation representing the maximum occupancy allowable for that floor. Chairman Engdahl recognized Mr. Chuck Rieschl , who represented the applicant. He referred to the letter explaining the operation submitted to the file. In response to questions from the Commissioners regarding the hours of operation, he stated that the facility was available to members seven days a week. Chairman Engdahl questioned whether provision for hours of operation from 6:30 a.m. to 10:30 p.m. seven days a week would be adequate. Mr. Rieschl responded affirmatively. -5- 3-9-78 Chairman Engdahl stated that a public hearing had Public Hearing been scheduled. It was noted that none of the notified property owners was present. Motion by Commissioner Malecki seconded by Commissioner Sazama to close the public hearing. The motion passed unanimously. A brief discussion ensued regarding another proposed condition of approval that retail sales shall be limited to items clearly incidental and related to the operation of the facility. The Secretary stated that the intent of this condition was to prevent general retail activity at the facility. He stated that retail activity was not permitted under the applicant's special use permit, and that all items sold on the facility should be clearly incidental to the use. Following further discussion there was a motion by Recommend Approval of Commissioner Hawes seconded by Commissioner Jacobson to Application .No. 78013 recommend approval of Application No. 78013 submitted (Sheehy Management Company) by the Sheehy Management Company subject to the follow- ing conditions: 1 The special use permit is issued to the applicant as operator of the facility and is nontransferable. 2. The special use permit is subject to all applicable ordinances, codes and regulations, and violation thereof shall be grounds for revocation of the permit. 3;.' The occupancy on the eighth floor at any given time shall not exceed 200 persons. 4. Retail sales shall be limited to items clearly incidental and related to the operation of the facility and other sundries normally found in office buildings such as tobacco-, beverages, and candy. 5. The hours of operation shall be 6:30 a.m. to 10:30 p.m. Sunday through Saturday. The motion passed unanimously. The Planning Commission recessed at 9:30 p.m. and Recess resumed at 9:50 p.m. The next item of consideration was Application No. 78014 Application No. 78014 submitted by the Brookdale Covenant Church. The Secretary (Brookdale Covenant explained the applicant sought a special use permit to Church) operate a nursery school in the Brookdale Covenant Church, 5139 Brooklyn Boulevard. He showed a transparency of the area and stated that the City Council on June F8, 1976 had approved a similar request by the North Suburban YWCA under Application No. 76037. The Secretary stated the nursery school would be operated much the same as it had been under the YWCA Management, and the proposed operation was for three days a week from 9:30 to 11 :45 a.m. Chairman Engdahl recognized Reverend Harry Westberg who represented the applicant. He stated it was anticipated that there would be a maximum of 18 children. Chairman Engdahl questioned whether there would be any food provided. Reverend Westberg responded that snacks would be provided, but that there would be no preparation of food on the premises. 3-9-78 -6- Commissioner Sazama questioned why the YWCA was no longer operating the nursery school . Reverend Westberg responded that the YWCA had not been able to operate the program as a financial success. Chairman Engdahl questioned whether the teachers had been licensed by the State. Reverend Westberg responded in the affirm- ative. The Secretary commented that a copy of the State license would be kept on file with the City as a condition of approval . Publir-Aearing Chairman Engdahl ' stated a public hearing had been scheduled. It was noted none of the notified property owners was present. Motion by Commissioner Malecki seconded by Commissioner Hawes to close the public_ hearing. The motion passed unanimously. Recommend Approval of Following further discussion, there was a motion by Application No. 78014 Commissioner Sazama seconded by Commissioner Malecki (Brookdaie Covenant Church) to recommend approval of Application No. 780'14 sub- mitted by Brookdale Covenant Church sub ort to the following conditions: 1 . The permit is issued to the applicant as operator of the facility and is no-!.; transferable. 2. The permit is subject to all applirabl,,t ordinances, codes and regulations, and violation thereof shall be grounds fo; revocation. 3. A copy of the current State license shall be kept on file with the City. 4 'rke- %ermit is subject to annual . review. the net. passed uanimously. Application No. 78015 The ;next of consideration was Application No. (John and Lee Ann Calder) 78016 subia' -ted by John and lee Ann Calder. The Secretary stated the applicant sought a variance from Chapter 35 to permit an addition to an existing house which is noncomplying with respect to Zoning Ordi- nance setback standards. The Secretary showed transparencies of the arr and of the applicant's lot. He stated the lot was zoned. R-2 (One and Two Family Residential ) and that it exceeded ordinance standards for width and area. He stated the house was built in 1929 and that it is located approximately 22 ft. from the front property line. He stated that since the Zoning Ordinance requires a 35 front setback, that there is a defi-- ciercy of 13 feet. He added that neighboring houses are also deficient as to front setbacks and this was a relatively common occurrence in the Southeast Neighborhood. The Secretary pointed out the the proposed 10 ft. x 12 ft. addition was within the ordinance setback standards and did not aggravate the noncomplying situation. He continued that the electrical and plumbing systems had been upgraded, and that the Building Official reported that the dwelling appeared to be in sound condition. The Secretary stated that there had been similar variance actions in recent years, including Appli- cations No. 75016 and No. 76042. He stated that ap- proval of those applications was generally based on the findings that the request satisfies the intent .of the ordinance standards for variances, and noted in particular that the situation was not created by the applicant, and that the proposed addition. does not involve the yard deficiency. -7- 3-9-78 ' Chairman Engdahl recognized John and Lee Ann Cdldery the. applicants, who stated they had nothing to add to the application. Chairman Engdahl questioned the applicant whether the exterior of the proposed addition would match the house exterior. Mr. Calder stated that while the house is stuccoed, the siding on the exterior of the addition would match the siding on the dormers. Chairman Engdahl stated that a public hearing had been Public Hearing scheduled. It was noted that none of the notified neighboring property owners were present. Motion by Commissioner Jacobson seconded by Commissioner Hawes to close the public hearing. . The motion passed unanimously. Motion by Commissioner Jacobson seconded by Commissioner Recommend Approval of Hawes to recommend approval of Application No. 78016 Application No. 78016 submitted by John and Lee Ann Calder because the non- (John and Lee Ann Calder) complying situation was not created by the applicant; the proposed addition does not involve the yard defi- ciency; and similar actions for neighboring and area properties have resulted in an improvement of the area and the Southeast Neighborhood; subject to the follow- ing conditions: 1 . The proposed addition shall conform with applicable yard setback requirements. 2. The exterior finish of the addition shall be compatible with that of the dwelling. 3. Construction shall be in accordance with all applicable codes as determined by the Building Offiical . The motion passed unanimously. The next item of consideration was Application No. Application No.- 78018 78018 submitted: by William Bell of Assurance Glass, (William Bell) Incorporated: " The Secretary stated the application was fbr site plan approval of a proposal to upgrade the property at 5001 Drew Avenue North for an�auto­glass replacement service in the existing service station "building. The Secretary stated that the subject property zoned C-2 (Commercial), and that the property located directly north is zoned R-1 (Single family Residential) . He stated that there were two buildings on the property, one, a service station which had been closed, the other, a warehouse building. He stated that there were no utility connections to the warehouse building, and that storage was the only use permitted. The Secretary reviewed the condition of the site. He stated there were no greenstrips and that the paving extended to the street. He stated there was no delineated parking on the site, and that there was an existing fence located 25 ft. from the R-1 property line. He stated the present ordinance requires a" fence to be located 35 feet from an R-1 property line. He added that the owner of the property to the north had erected his own fence along the property line. He then showed slides of the site and the surrounding area Commissioner Jacobson questioned whether the existing fencing on the site would be removed The Secretary responded that it would be removed in order to provide proper width driveways He added that a screen fence would be required along the west line to screen the parking proposed for that area. He stated curbing would also be installed along the west property line. 3-9-78 "8° The Commission reviewed the site plan and an extensive 'discussion ensued regarding the possibility of de- ferring an ordinance-required 8 ft. fence to screen the R-1 property to the north. The Secretary stated it might be possible to defer the installation of the fence if written acknowledgement was provided by the owner of the property that the fence would be erected if the existing fence along the R-1 property were ever removed. He stated the R-1 property owner had not been contacted regarding this, but would be before the next meeting. Chairman Engdahl stated that he felt that the second fence was unnecessary. Chairman Engdahl recognized the applicant, Mr. William Bell . Commissioner Hawes questioned whether the service bays would remain. The applicant responded i in the affirmative stating that they would be utilized for cars driving in to be serviced. He explained his letter to the file stating that 90% of his business is away from the premises. He stated there would not be many cars parked on the site because the business had a quick turnover. In response to another question by Commissioner Hawes, the applicant stated that most of the glass handled was automobile glass. He also added that he would like the Commis- sion to consider deferring the installation of the fence. Continue Application No. 78018 It was the consensus of the Planning Commission to (William Bell ) continue Application No. 78018 submitted by William Bell of Assurance Glass, Inc. until the next meeting to allow time for the staff to contact the R-1 property owner to the north regarding the screen fencing; and for the applicant to submit revised site plans. Other Business In other business the Planning Commission reviewed a proposed alteration of the Lafayette Radio Store building, located at 5515 Xerxes Avenue North. The Secretary stated the owner proposes to close the front entrance and to provide a side entrance some- what similar to that remodeling done for the St. Paul Book and Stationery Store. The Planning Commission reviewed the plans for the proposed alteration. It was the general consensus that the remodeling would enhance the building and that the proposed foyer should be located inside the building rather than pro- truding onto the outside walkway. Chairman Engdahl suggested that a bike rack should be provided near the entrance since it could be anticipated that a stereo equipment and record store would attract young people. Approve Minutes Motion by Commissioner Jacobson seconded by Commis- 2-23-78 sioner Malecki to approve the minutes of the February 23, 1978 meeting as corrected. The motion passed unanimously. Application No. 78005 The Secretary stated that Application No. 78005 (Residential Alternatives, submitted by Peter Jacobson of Residential Altern- Inc.) atives, Inc. and considered by the Planning Commission at its last meeting had been referred by the City Council to the Southeast Neighborhood Group for further review. He stated the Neighborhood Group would meet on Monday, March 13, with the applicant and the neighbors who had been present at the public hearing to discuss the application. Application No. 77064 The Secretary stated that ordinance revisions for the (Gene Hamilton) definitions of canopies and carports relative to Application No. 77064 would be presented for the Planning Commission's review at the next meeting. -9- 3-9-78 The Secretary stated 'that a bill relative to the airport Crystal Airport Zoning zoning had been introduced in the Senate by Bill Luther and Planning Matters and in the House by Linda Scheid. He stated both bills were on the floor of the respective houses and under general orders. Motion by Commissioner Jacobson seconded by Commissioner Adjournment Malecki to adjourn. The motion passed uananimously. The Planning Commission adjourned at 11 :20 p.m. 1 Cha i rm 3-9-78 -10-