HomeMy WebLinkAbout1978 06-15 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
June 15, 1978 {
Call to Order: The Planning Commission met in regular session and was
called to order at 8:05 p.m. by Chairman Gilbert
Engdahl .
Roll Call : Chairman Engdahl , Commissioners Malecki , Jacobson,
Book and Theis. Also present were Director of Public
Works James Merila, Superintendent of Engineering James
Noska, Building Official Will Dahn, Director of Planning
and Inspection Blair Tremere and Planning Aide Laurie
Thompson.
Approve Minutes: The first item of business was approval of the minutes
5-25-78 and Consideration of the May 25, 1978 and consideration of corrections
of Correction to 5-11-78 to the May 11 , 1978 meeting. Regarding the latter, the
Secretary explained that the second paragraph of the
discussion under Application No. 77064 on page 7 of
those minutes, it had been erroneously reported that
the item had been considered at meetings other than
the actual hearings. He said it had been scheduled
on certain agendas, but was not subsequently discussed.
He explained there were several meetings where the
subject of the application, that of possible ordinance
amendments regarding canopies and carports, was re-
viewed, but the application itself was only discussed
at two meetings preceding the May 11 meeting. He
stated that the second paragraph under the discussion
of Application No. 77064 submitted by Mr. Gene Hamilton Y
should read as follows:
The Secretary continued that the application
had originally been considered at the November
10, 1977 meeting and was subsequently consider-
ed on December 8, 1977.
Motion by Commissioner Jacobson seconded by Commis-
sioner Book to approve the correction to the minutes
of the May 11 , 1978 meeting as noted. Voting in
favor: Chairman Engdahl , Commissioners Jacobson, Book
and Malecki . Not voting; Commissioner Theis who was
not present at that meeting. The motion passed.
Motion by Commissioner Malecki seconded by Commissioner
Book to approve the minutes of the May 25, 1978 meeting
as submitted. Voting in favor: Chairman Engdahl ,
Commissioners Malecki , Book and Theis. Not voting: {
Commissioner Jacobson who was not present at that
meeting. The motion passed.
Commissioner Hawes Arrives: Commissioner Hawes arrived at 8:10 p.m.
Application No. 78034 Following the Chairman's explanation, the first item
(Northwest YMCA) of business was consideration of Application No. 78034 f
submitted by the Northwest YMCA. The item was intro-
duced by the Secretary who stated the applicant sought
a special use permit for a day care facility in the
Orchard Lane Elementary School at 6201 Noble Avenue
North. He stated such activities are special uses in
the R-1 Zoning District and are subject to licensing
by the State of Minnesota.
Chairman Engdahl recognized Mr. Tom Carrothers, who
represented the applicant, and who briefly explained
the nature of the proposed use as conveyed in a letter
submitted to the file.
-1- 6-15-78
Commissioner Pierce arrived at 8:13 p.m. Commissioner Pierce Arrives
Responding to several questions, Mr. Carrothers stated
that the facility would serve up to a maximum of 30 .
children, but that the average was 20 to 25 children per
day. He stated that children bring sack lunches and that
meals are not prepared on the premises, although beverages
are provided. Commissioner Engdahl inquired as to how
many supervisory adults were present and Mr. Carrothers
responded that at least three were present at all times.
Commissioner Pierce inquired as to field trips, and Mr.
Carrothers explained that trips or hikes are taken such as
to the nearby Kylawn Park. He stated cool-dination had
been arranged through the Brooklyn Center Park and Recreation
Department for the use of the park for these field trips.
Commissioner Theis inquired as to whether the City accepted
any extraordinary liability with respect to the use of the
park for such field trips, and the Secretary responded that
the City was .insured for liability as to the use of public
parks and that the use of them by groups such as schools
was not considered extraordinary. Mr. Carrothers commented
that the applicant is full insured as to liability for the
PP Y Y
protection of the participants.
Following further discussion Chairman Engdahl noted that Public Hearing
a public hearing had been scheduled and he recognized Mr.
Beadle, 6206 Noble Avenue North, who inquired whether the
operation was in progress and, if so, what was the signifi-
cance of the public hearing. Mr. Carrothers informed the
Commission that the applicant was operating the facility.
under a conditional approval by the State, subject to
approval by the City. Commissioners inquired of Mr. Beadle
and several other residents present whether there were any
problems or any objections to the proposed use, and it was
responded that there were none.
The Secretary stated that the staff had not been aware
that the applicant was operating the facility, and he
explained to the citizens present, as well as to the
Commissioners, that the item before the Commission and City
Council was a zoning matter and it should be determined
whether there U!as any reason under zoning criteria why
the use should not be permitted.
Motion by Commissioner Jacobson seconded by Commissioner Close Pubic Hearing
Pierce to close the public hearing. The motion passed
unanimously.
Following further discussion there was a motion by Commis- Recommend Approval of
sioner Book seconded by Commissioner Jacobson to recommend Application No. 78034 .
approval of Application No. 78034 submitted by Northwest (Northwest YMCA)
YMCA subject to the following conditions:
1 . The permit is issued to the applicant as
operator of the facility and is nontransferable.
2. The permit is subject to all applicable
ordinances, codes and regulations including
any special licensing requirements, and
violation thereof shall be grounds for
revocation.
3. A copy of the current State operating
license shall be kept on file with the
City.
The motion passed unanimously.
6-15-78 -2-
Application No. 78030 The next item of business was consideration of Appli-
(Ansari Abrasives) cation No. 78030 submitted by Ansari Abrasives, 3400
48th Avenue North. The Secretary explained that the
City Council on October 3, 1977 approved Application No.
77054 consisting of site and building plans fora new
structure on the site. He stated that one of the con-
ditions of that approval is that, prior to occupancy
of the new building, the two parcels comprising the
property will be combined through plat or registered
land survey.
The Secretary briefly explained the history of the
subdivision in the area and stated the applicant had
submitted a preliminary registered land survey to meet
with the stated requirement.
Public Hearing Commissioner Engdahl stated that notice of public hear-
ing had been published and that no one was present to
speak on the application. Motion by Commissioner Pierce
seconded by Commissioner Jacobson to close the public
hearing. The motion passed unanimously.
Recommend Approval of Following further discussion there was a motion by .Com-
Application No. 78030 missioner Jacobson seconded by Commissioner Malecki to
(Ansari Abrasives) recommend approval of Application No. 78030 submitted
by Ansari Abrasives subject to the following conditions:
1 . Final registered land survey is subject to
review by the City Engineer.
2. Final registered land survey is subject to
the requirements of Chapter 15 of the City
Ordinances.
The motion passed unanimously.
Application No. 78031 The next item of business was consideration of Appli-
(Robert Gustafson) cation No. 78031 submitted by Robert Gustafson, 5242
France Avenue North. The Sc--retary explained that the
applicant proposes a registered land survey which
would combine two existing parcels and would create a
new single family residential parcel facing Ewing
Avenue North. He stated the applicant owns a lot which
extends from France Avenue through to Ewing Avenue on
the east, as well as a lot on France Avenue to the
south of and adjacent to the parcel . He reviewed a
transparency and slides of the area and commented
further as to the history and configuration of the
property.
Further discussion ensued regarding the topography of
the area, the soil conditions and the water table
elevations. There was also a brief discussion regarding
a narrow Outlot between the Ewing Avenue street right-
of-way and the property line of the subject property.
The Secretary explained that this would be incorporated
in the new plat and combined into the main parcel .
Chaf eman Engdahl recognized the applicant and further
discussion ensued regarding the future development ofthe
proposed lot dnd specifically as to whether existing
trees would have to be removed or altered. The appli-
cant responded that he did not feel the large box elder
tree on the lot would have to be removed since it was
behind the established building setback line of ad-
jacent residences.
Public Hearing Chairman Engdahl stated that notice of public hearing
had been published and that no one was present to
speak on the application. Motion by Commissioner Pierce
seconded by Commissioner Malecki to close the public
hearing. The motion passed unanimously.
Recommend Approval of Following further discussion there was a motion by Com-
Application No. 78031 missioner Jacobson seconded by Commissioner Pierce to
(Robert Gustafson) recommend approval of Application No. 78031 submitted
by Robert Gustafson subject to the following
conditions:
-3- 6-15-78
1 . The final registered land survey is
subject to review by the City Engineer.
2. The final registered land survey is
subject to the requirements of Chapter
15 of the City Ordinances.
The motion passed unanimously.
The next item of business was consideration of Application Application No. 78032
No. 78032 submitted by R. L. Johnson. The item was intro- (R. L. Johnson)
duced by the Secretary who explained the applicant is re-
questing rezoning from R-3 (Townhouse Garden. Apartments)
to C-2 (General Commercial ) of a tract of land consisting
of two parcels which contain approximately 5 acres bounded
by Brooklyn Boulevard on the east, the municipal Brooklyn
Center-Brooklyn Park boundary on the north, the east
boundary of "The Ponds" Planned Residential Development on
the west, and the north boundary of the Creek Villa townhouse
neighborhood on the south. He explained that the south
property line is on the south side of Shingle Creek which
runs through the property and that the Creek is not the
boundary between the Creek Villas townhouse neighborhood
and this property,as it might appear on the City map.
He stated the applicant owns the bulk of the property with
the exception of the smaller interior parcel abutting
Brooklyn Boulevard which contains a rented single family
home. He stated the owner of the single family home has
submitted a letter stating no objection to the rezoning
request.
The Secretary also commented on conceptual development
plans the applicant had submitted, and he emphasized that,
while the conceptual plans indicated the use of some
adjacent land owned by the applicant in Brooklyn Park,
the zoning matter before the Commission was not concerned ' , .. '.-..'.
with that prospective use and no presumption should be
made as to the specific type of development which might
or might not occur on the property.
The Secretary presented transparencies showing the location
of the property as well as slides indicating the features
of the property.
Extensive discussion ensued regarding information submitted
by the applicant explaining the request. The Secretary
stated that the applicant has, for some time, proposed
conceptual plans for a commercial development which has
included a restaurant. He stated the applicant has been
informed over the past several years that restaurants
require C-2 zoning which is not consistent with the Come
prehensive Plan for properties along Brooklyn Boulevard.
He stated no development proposal has ever been submitted
for an R-3 type development.
The Secretary also commented that the application had been
accepted as a request to rezone the property to C-2, which
comprehends both retail and C-1 Service/Office uses because
of the applicant's insistence that a portion of the site
be zoned to accommodate a restaurant. He noted, however,
that the applicant had submitted conceptual layouts indicating
a "split" zoning, wherein .the southerly part of the property
would be zoned C-1 for development with office-type uses,
and the northerly portion would be zoned C-2 to accommodate
a' restaurant use. He stated the applicant's contention is
that the C-1 would provide "buffering" for the residential
development to the south on the other side of the Creek
from the proposed retail or restaurant use on the north.
6-15-78 -4-
The Secretary stated that the application was accepted
7n its present form because, to presume a "split"
zoning would be to prematurely determine that C-2 was
an appropriate zoning, contrary to the provisions of
the Comprehensive Plan. He explained that the Com-
mission and Council , following the hearings and further
consideration of the matter, could modify the proposal
if the "split" xoning concept was deemed to be appropri-
ate so that the result would be a C-1 and C-2 zoning of
the same property.
The Secretary stated that the Commission had several
courses of action which could ultimately be recommended:
approve the rezoning as submitted; deny the proposal
as submitted; approve a "split" C-1/C-2 zoning; or
approve a C-1 zoning of the entire property. He ex-
plained that the Comprehensive Plan states that appro-
priate land uses along Brooklyn Boulevard include
multiple-residential as well as Service/Office.
The Secretary stated that the R-3 property could support
approximately 36 to 40 townhouse-type units. He also
explained that the applicant has indicated approximately
2.8 acres of the approximate 5 acres was deemed "build-
able", but that it should be understood that the exist-
ing 100 ft. easement over Shingle Creek cannot be built
upo;,, and that this area is part of the land the appli-
cant is stating is "unbuildable" in addition to the
land which soil testing apparently has indicated is
not highly desirable for construction.
The Secretary concluded, stating that following the
public hearing the Commission should review the appli-
cation thoroughly in the context of the City Rezoning
Policy and Guidelines in Section 35-208 of the City
Ordinances.
A brief discussion ensued with the Director of Public
Works relative to possible traffic generation by a
;:ownhouse development, an office complex, and a
restaurant.
'C Kai.rm a'n E n g d ah l recognized the applicant and an
extensive discussion ensued beginning with the appli-
cant's explanation of a model layout of the proposed
development. The applicant stated that in consider-
ation of the commercial development to the north in
Brooklyn Park, he felt that townhouses would be
difficult to market. He stated that he was a food
service operator and his main interest in the develop-
ment of the office comples was to establish his
corporate offices and to sell a portion of the property
to an interested restaurant developer such as Sambo's.
Mr. Johnson also stated that a prime concern in the re-
zoning request was the economic considerations wherein
a portion of the property would have to be a higher
zoned commercial that could be sold in order to support
the office development. He stated that otherwise he
would probably have difficulty in developing the
property.
The Secretary clarified earlier remarks regarding con-
sideration of the use of Brooklyn Park land in relation
to a proposed use on the Brooklyn Center side of the
municipal boundary. He stated that, while the zoning
of the Brooklyn Park land may have significance in
determining the highest and best land use of the
Brooklyn Center property, the earlier point was that
no presumptions should be made about the density or
development capacity of Brooklyn Center property which
would depend upon the use of the Brooklyn Park property
for parking.
-5-
Commissioner Pierce inquired whether the applicant's
development plans, particularly for the proposed Sambo's
Restaurant, had been reviewed with respect to parking
and the Secretary responded in the negative.
The Secretary continued that, while conceptual plans
were significant to show that a give„ piece of land could
be developed as per the proposed zoning, zoning decisions
should be based upon the appropriateness of the proposed
land use. He stated the City must be aware 'that, .once
rezoned, the property could be put to any of the permitted
or special uses in the proposed zone, notwithstanding the
intent or conceptual plans conveyed by the applicant.
Commissioner Theis inquired about the effect of rezoning
residential land for nonresidential uses thereby reducing
the potential number of housing units that the City could
build, particularly in light of the Metropolitan Council 's
guidelines and allocation formulas for housing units. The
Secretary reviewed the Metropolitan Council Housing policies
for low to moderate income housing, as well as for the
housing need in general . He stated the Metropolitan
Housing forecasts were being revised, but that Brooklyn
Center was a high priority community in providing housing
since it was considered a fully developed community with
respect to utilities and services. Commissioner Theis
stated his concern about the Metro Council 's view of
Brooklyn Center removing a number of housing units from
the potential housing inventory and referred to another
application considered last year where a nonresidential
special use request involving a large residential tract
was denied because of the concern for retaining residentially
zoned land for housing development.
The Secretary explained that the Metro Council could 'con-
sidere the City's "housing performance" during its review
of any grant applications submitted by the City.
He stated there were two basic issues in this regard for
the Commission to consider:
1 . The significance, if any, of the reduction
of the potential housing inventory by
approximately 36 to 40 units.
2. Whether rezoning the property to a non-
residential status would represent a
precedent which could be construed adversely
as "negative housing performance" by the
City and particularly by the Metropolitan
Council .
Chairman Engdahl stated that a public hearing had been Public Hearing
scheduled and that neighboring property owners had been
notified. He recognized Mr. Larry Bradfurd of 7220 Perry
Court E. who stated that when he purchased a townhouse in
the Creek Villa townhouse neighborhood, he was very con-
scious of the R-3 zoning of the property to the north and
he was sensitive to the environmental impact upon the Creek
and Creek easement. He stated his particular concerns
were with potential traffic generation, noise generation
and the proposed restaurant use. He suggested that the
homeowners abutting the property also had economic concerns
as well as the applicant, and he stated that as part of
the City' s Comprehensive Planning the R-3 Zoning has been
established for a number of years within which the appli-
cant could have planned development accordingly.
Commissioner Pierce asked Mr. Bradford for his opinion of
an office-type use, and the response was that, while it
was not viewed favorably, it was considered a lesser problem
than the retail-commercial and restaurant zoning.
Chairman Engdahl noted that no one else was present to speak Close Public Hearing
to the application. There was a motion by Commissioner
Malecki seconded by Commissioner Book to close the public
hearing. The motion passed unanimously.
6-15-78 -6-
i
Chairman Engdahl stated that economic consideration,.
per se, was not among the criteria for evaluating re-
zoni.ng petitions. He briefly reviewed the criteria and
stated that, in his opinion, subject to further input
from the Neighborhood Group and the Commission, he felt
there were indication of "spot zoning" which he could
not support.
Commissioner Theis stated at this time that he could not
look favorably upon a rezoning to C-2; and that he still
had some serious questions about the impact upon housing
policies, whether there was a need for the rezoning,
and whether the proposed rezoning was compatible with
the area. He stated that the "split" zoning concept had
more merit than a total rezoning of the entire property.
Commissioner Hawes stated that there was perhaps another
version of a "split" zoning, Namely, leaving the
southerly portion of the property R-3 and rezoning the
northerly portion to C-1 . He stated that generally he
could not support a rezoning to C-2 of any portion of
the property, but would be willing to consider other
alternatives.
Commissioner Book inquired as to the Comprehensive Plan
provisions for this area including the Creek Villas
townhouse site prior to its development. The Secretary
explained that the 1966 Comprehensive Plan stated that
appropriate uses along Brooklyn Boulevard were either
multiple-residential including R-3 type development and
Service/Office Commercial . He stated that, based on
that guideline, the City had established this area as
R-3 in 1968. He commented that it would not be in-
appropriate for the City to reconsider that determination
of highest and best use and redesignate a portion of the
area C-1 .
Commissioner Book stated that he did not see merit at
this time in "split" zoning concept, but he could see
possibilities for rezoning to C=,l uses. He noted that,
from the developer's perspective, a substantial portion
of the property through the Shingle Creek easement was
already committed to a buff9ring between this site and
the development to the sou-t.,,.
Commissioner Pierce stated that C-1 use had some merit
because of the nature of office-type uses with their
hours and relatively low intensity traffic generation.
He also stated that the C-1 type use on the south could
provide a buffer to a C-2 development on the north which
would be further removed from the R-3 townhouse develop-
ment of Creek Villas. He stated he did not strongly
support the concept of C-2 on this property and that he
at this time felt that perhaps Commissioner Hawes '
concept had merit. He suggested that further input
should be requested from the Northwest Neighborhood
Advisory Group.
Commissioner Jacobson stated that her initial reaction
was that 'C-2 zoning was not consistent with the Compre-
hensive Plan and therefore not appropriate for this area.
She agreed that the matter should be referred to the
Northwest Neighborhood Advisory Group and she also com-
mented that she could not support a "split" zoning at
this time.
Commissioner Malecki concurred, and stated she was con-
cerned that the C-2 zoning was consistent with the
Comprehensive Plan. She also felt that input should be
solicited from the Northwest Neighborhood Advisory Group.
-7- 6-15-78
Following further discussion there was a motion by Table Application No. 78032
Commissioner Book seconded by Commissioner Hawes to (R, .L, Johnson)
table Application No. 78032 submitted by R L. Johnson
and to refer the matter to the Northwest Neighborhood'
Advisory Group for review and comment. The motion passed
unanimously.
The Secretary briefly explained to the resident of 7220
Perry Court East and to the applicant that the matter
would be referred to the Neighborhood Advisory Group whose
meeting would be determined shortly and would be a public
.meeting. He stated that following review and comment by
the Group, the matter would be reheard by the Planning
Commission, and that notices would be sent of that meeting.
He stated that when the Planning Commission forwarded a
recommendation to the City Council notices would also be
sent of the City Council meeting. He suggested that
interested parties could contact the Planning and Inspection
Department to determine the time and place of the Neighbor-
hood Group meeting.
The next item of business was consideration of Application Application No. 78033
No-. 78033 submitted by Mr. Wayne Anderson, 2024 Ericon (Wayne Anderson)
Drive. The item was introduced by the Secretary who stated
the applicant seeks special use permission for a home
occupation consisting of a photographic and printing-related
business. He briefly reviewed the proposed use and presented
slides showing the applicant's premises. He also reviewed
a letter submitted by the applicant to the file describing
the proposed use. The Secretary stated that the Building
Official has inspected the premises and reports that the
use can be accommodated within code requirements.
Chairman Engdahl recognized the applicant and inquried
whether the use would be located in the basement and the ,
applicant responded in the affirmative. He also stated
that materials used were classified as corrosive, but they
were not flammable, although it was anticipated that, in
the future metal printing plates which might be used would
require storage in a metal cabinet. Building Official
Will Dahn was recognized and stated that the quantity and
type of storage proposed by the applicant was permitted, but
that bulk storage of large quantities of such materials
would be cause for concern. The applicant indicated that
such storage and large quantities of materials would not be
on the premises.
Discussion ensued with respect to annual review of the
proposed use and possible requirement that should the nature
of the use change, or be expanded, it would require an amendment
of the special use permit.
The Secretary stated that review of this application indicated
major concerns involved compliance with the ordinance provisions
for special home occupations, particularly with respect to the
employment of not more than one nonresident on the premises,
and the provisions for adequate parking. The Secretary stated
there was no indication that there would be an adverse impact
on neighboring properties. Building Official Will Dahn com-
mented that a similar use had been permitted for a Mr. Green-
wood in the southwest portion of the City a couple of years
ago, and that there had been no problems with that use.
The applicant continued in his explanation of the use, stating
that he would be picking up the work and delivering it to
the customer and that he did not anticipate any public traffic
to and from the house. He stated there would be periodi
delivery of supplies although he anticipated he would also
do much of that.
5-15-78 -8-
Commissioner Hawes inquired whether there would be any
electrical interference such as with television recept-
ion because of the nature of the equipment, and the
applicant stated that there should be none.
Further discussion ensued regarding the design of the
area in the applicant's basement, and the Building
Official indicated that it appeared all applicable code
"requirements could be met. The Building Official stated
that it would be appropriate for the Fire Marshall to
review the area.
Public Hearing Chairman En Bahl stated that a public hearing had
been scheduled and that none of the notified property
owners was Dresent. Motion by Commissioner Jacobson
seconded by Commissioner book to close the public
hearing. Tie motion passed unanimously.
Recommend Approval of Following f rther discussion, there was a motion by
Application No. 78033 Commissione Hawes seconded by Commissioner Theis to
(Wayne Anderson) recommend a proval of Application No. 78033 submitted
by Wayne An Jerson subject to the following conditions:
1 . The ermit is issued to the applicant as
oper t:r of the proposed use and is non-
tran ferable.
2. The permit is subject to all applicable
codes, ordinances and regulations and
violation thereof shall be grounds for
revocation.
3. Hours of operation shall not extend
beyond 10:30 p.m.
4. Appropriate fire protection measures
such as installation of proper fire
extinguishers shall be made as approved
by the City Building and Fire Departments.
The motion passed unanimously.
Introduction of Superintendent The Directoy of Public Works introduced Mr. James
of Engineering Noska as Superintendent of Engineering
Recess The meeting recessed at 10:15 p.m. and resumed at
1.0:30 p.m.
Other Business: The Secretary commented on a recent court decision
Definition of Outlots resulting from a suit against the City filed by L. W.
Joel Company which had been denied an appeal filed
under Application No. 77022 last year. The Secretary
stated that the petitioner had sued the City for a Writ
of Mandamus asking the court to order the issuance of
a building Fermit to allow construction of a dwelling
on a substa dard Outlot. The secretary stated that the
court had ruled in the City's favor, and he noted an
observation by the City Attorney that the Subdivision
and Zoning Ordinances should be amended to provide for
a clefinitior of Outlot as well as other appropriate
clarifications deemed appropriate.
An extensive discussion ensued regarding several draft
definitions of the term "Outlot" as well as the Sub-
division Ordinance regarding remnant parcels.
The Secretary and the Director of Public Works offered
comments with respect to the existing ordinance language
and the advisability of providing clarifications and
definitions. The Secretary stated that the term
"Outlot" can refer both to large tracts of land subject
to future subdivision as well as to small substandard
parcels. He stated that, in either case, the effect of
the Outlot d signation was to represent that land was
generally un uildable subject to further platting action.
-9- 6-15-78
He stated one basic use of the Outlot technique was to
provide for the platting of unplatted areas in order to
simplify legal descriptions and boundaries, but not require
the subdivision of the property into smaller developable
tracts until it was warranted.
Following extensive discussion of the draft definitions
it was the consensus of the Commission to defer the matter
until a subsequent meeting, and the Secretary stated that
further clarifying language could be drafted for the
Commission's consideration.
The Secretary commented on another matter regarding the Reconsider Recommended
proposed amendments to Chapter 35 relative to carports and Ordinance Amendments
canopies. He stated that this matter was related to Appli- Regarding Canopies and
cation No. 77064 submitted by Mr. Gene Hamilton and that, Carports
while the Commission on May 25 had forwarded a recommended
amendment to the City Council at its June 5, 1978 meeting,
Mr. Hamilton had indicated to the staff that he felt he
should have been notified of the Commission meeting so
that he could have participated in the discussion.
The Secretary stated that Mr. Hamilton was not so notified
because his application was not considered at that meeting.
He commented, however, if the Commission felt there would
be merit in reconsidering the draft ordinance amendment
and receiving further input from Mr. Hamilton on the
matter, it could be rescheduled at the next meeting and
Mr. Hamilton would be so notified.
Chairman Engdahl stated that the Commission had acted
appropriately and that there was no need to reconsider
the matter. He stated that if the Commission wished to
receive further input from the applicant, certain ground
rules should be established such as a limitation of the
time for total discussion and specifically as to receiving
input that had not already been placed on the record by
Mr. Hamilton.
Following a brief discussion it was the consensus of the
Commission to place the matter of proposed amendment to
Chapter 35 regarding canopies and carports on the next
agenda as a discussion item, and to direct the Secretary
to notify Mr. Hamilton of that meeting and of the limit-
ation of time that would be devoted to such a discussion.
The Secretary was also directed to inform Mr. Hamilton
that the Commission would welcome from him information
which had not been presented previously, noting that
extensive time and discussion had occurred regarding the
matter during hearing on Application No. 77064.
In other business the Secretary presented revised con- Possible Development
ceptual drawings for a wholesale distribution type use of Property at 68th
for the commercial property at 68th and Lee Avenues North. and Lee Avenues North
He stated that Mr. Jerry Harrington had presented several
concepts to the Commission for their consideration in
anticipation, of a request to allow such a use on this
property since the land was not well suited for sub-
standard commercial retail type uses due to its
geography, accessibility, and the nature of neighboring
land uses.
The Secretary stated Mr. Harrington's concerns may have
merit and that if the Commission felt wholesale distri-
bution type-use was appropriate for this area, which was
zoned C-2, there were three approaches which could be
taken: 1 ) rezone the land to I-1 , (which the Commission
had earlier determined was the least desirable since it
was characteristic of "spot" zoning; 2) amend the Zoning
Ordinance to provide for certain special uses in the C-2
district such as wholesale distribution subject to certain
conditions; and, 3) accept an application for a proposed
development and a request that a finding be made.that the
proposed use was similar in nature to' otherluses in the
C-2 District.
6-15-78 10-
It was consensus of the Commission that the latter
approach seemed to be the most viable, and that it
would be appropriate for Mr. Harrington to submit an
application consisting of site and building plans as
well as documentation supporting the request for such
a finding.
Other Business: In other business the Secretary stated the next meeting
was scheduled for June 22, 1978 and that there were a
number of site and building plan applications scheduled
for that meeting.
Adjournment Motion by Commissioner Book seconded by Commissioner
Jacobson to adjourn the meeting. The motion passed
unanimously. The Planning Commission adjourned at
11 :40 p.m.
C rman
I
-11- 6-15-78
1
1