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HomeMy WebLinkAbout1977 09-14 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 SEPTEMBER 14, 1977 Call to Order: The Planning Commission met in regular session and was called to order at 8:10 p.m. by Chairman Cecilia Scott. Roll Call : Chairman Scott, •Commissioners Engdahl , Jacobson and Pierce. Also present were Acting City Manager and Director of Public Works James Merila, Director of Planning and Inspection Blair Tremere and Planning Aide Laurie Thompson. Approve Minutes Motion by Commissioner Jacobson seconded by Commissioner August 25, 1977 Pierce to approve the minutes of the August 25, 1977 meeting as corrected. The motion passed unanimously. Applications No. 77045 Following the 'Chairman's explanation the first item of and No. 77046 business was consideration of Application No. 77045 and (Berean Evangelical Free No. 77046 submitted by the Berean Evangelical Free Church) Church. The item was introduced by the Secretary who stated the applicant is seeking a rezoning, from R-1 (Single Family Residential ) to I-1 (Industrial Park) of the westerly portion of the church property, located -at 6625 Humboldt Avenue North, which extends into the Industrial Commercial Park. The land consists of the westerly 325 ft. of the church property and comprises approximately 2.5 acres. The Secretary explained that the applicant is also sub- mitting an application for preliminary plat approval concurrent with the rezoning requests. The Secretary reviewed a transparency of the area, pointing out that in this portion of the Industrial Park, all the industrial property abutted R-5 multiple family residential property, with the exception of the R-1 zoned church property. He explained that the R-1 . zoning of the curch property recognized the institut- ional R-1 use, but that the land was not suitable for residential development. He commented that one effect of the proposed rezoning would be to "round out" the* easterly perimeter of the Industrial Commercial Park, leaving a uniform abutment to the R-5 and, in the case of the church, institutional uses along Humboldt Avenue. Commissioner Pierce asked about the setback requirements for an I-1 use abutting an R-1 property. The Secretary responded that a 100 ft. buffer was required when an I-1 property bordered an R-1 property, but that the developer would probably request a variance at the time of the development of the I-1 portion. He commented that the situation was similar to that of the neighbor- ing Speculative Building No. 7 site where the de- veloper did request, and was granted a variance from the 100 ft. buffer requirement. Commissioner Engdahl asked about access to the site. The Secretary responded that access would be from the 67th Avenue cul-de-sac. Commissioner Engdahl asked if there were any problems anticipated with only one access to the site. The Secretary responded that the develop- ment of this parcel as industrial property had been comprehended.when the cul-de-sac was put in. Chairman Scott and Commissioner Jacobson commented relative to a utility easement shown on a certified survey of the site,and whether it would effect the buildability of the property. The Secretary responded that it did not appear to effect the buildability, and that all easements would be subject to review by the City Engineer. -1- 9-14-77 Chairman Scott announced that a public hearing had been Public Hearing scheduled and noted that none of the notified property owners was present. Chairman Scott recognized Mr'. Janis Blumentals who represented the applicant. He showed conceptual build-- ing plans which included a 50 ft buffer setback variance and showed a screening fence along the easterly portion of the property as it abutted the R-1 church property. Following a brief discussion of the conceptual plan, Close Public Hearing there was a motion by Commissioner Jacobson seconded by Commissioner Engdahl to close the public hearing. The motion passed unanimously. Chairman Scott recognized a representative of the church, and the Secretary commented that the church should be aware that any future expansion of the church would be a direct function of its ability to provide parking, and that some land for possible future expansion is compre hended on the proposed plat. The Secretary stated that the proposal was consistent with the Comprehensive Plan and would have been in- cluded at the time of the adoption of the Plan if the church had been interested in rezoning at that time. He commented that, while the church itself is within the bounds of the Northeast Neighborhood, it does not constitute a residential use, and the impact upon the neighborhood would be minimal . Chairman Scott stated that in her opinion, the proposal was in line with the Comprehensive Plan, and that since the church no longer wished to retain ownership of the property, that an- I-1 use was the only feasible use for that property. It was the consensus of the Planning Commission that it was not necessary to refer the rezoning matter to the Northeast Neighborhood Group. Motion by Commissioner Jacobson seconded by Commissioner Recommend Approval of Engdahi to approve Application No. 77045 submitted by Application No 77045 Berean Evangelical Free Church subject to the condition (Berean Evangelcal Free that the subject property be subdivided by registered Church) land survey or plat. Motion by Commissioner Jacobson seconded by Commissioner Recommend Approval of Pierce to recommend approval of Application No. 77046 Application No. 77046 submitted by Berean Evangelical Free Church subject to (Berean Evangelical Free the following conditions: Church) I . Final plat is subject to approval by the City Engineer, including the determination of any necessary easements 2. Final- plat is subject to the requirements of Chapter 15 of the City Ordinances 3. Final plat shall be filed and the division completed prior to any occupancy-of- the parcel The motion passed unanimously. The next item of business was consideration of Application Application No. 77047 No. 77047 submitted by Mark Laberda. The item was intro- (Mark Laberda) duced by the Secretary who stated the applicant seeks a variance from Section 35-400 of the City Ordinances to permit a modification of the small single family home, located at 5446 Humboldt Avenue Ncrth, consisting of an expansion of the living and sleeping areas at the front of the house. 9-14-77 -2- The Secretary explained that the property was a 40 ft. R-2 (Two Family Residential ) lot, and that there were existing setback deficiencies: the front setback is 29 ft. versus the present ordinance requirement of 35 ft. , and the side setback on the north side is approximately 4 ft. versus the required 10 ft. side yard setback. The proposed addition would extend into the front yard set- back 2 ft. for a total new variance from the current standard of 8'ft. It would fill in a notch on the north side of the house, and the new wall would be in line with the existing wall , approximately 4 ft. from the property line. The Secretary commented that, at the time of construction of the proposed addition the ap- plicant also proposed to correct some structural problems at the front of the house. He added, however, that the addition is not necessary to correct the structural problem. Commissioner Engdahl questioned the Secretary as to compliance of the building with the building codes. The Secretary recommended that the Building Inspector inspect the building and determine whether or not it is in compliance, and if it is not, he recommended it be brought into compliance. He further commented that Section 35-311 prohibits expansion of nonconforming buildings and that in this case, a determination should be made that the building is in sound enough condition 'to warrant the financial investment of the proposed addition. The Secretary stated that staff had reviewed aerial photographs of the area and that many dwellings in the area do not have the required 35 ft. front setback. He explained that there was an earlier setback standard of 25 ft. The applicant's neighbor to the north has a front yard setback of 30.5 ft. and the neighbor to the south has a setback of 26.4 ft. He commented that the two foot addition to the front does not aggravate the present noncomplying setback condition. Public Hearing Chairman Scott announced a public hearing had been scheduled and that none of the notified property owners was present. Chairman Scott recognized the applicant, Mark Laberda, and questioned him as to why he proposed an addition to the front when there was space available for expansion to the rear. The applicant responded that the rear had already been modernized, and that it would be more ex- pensive to add to the rear. He explained that the front at one time had been an uninsulated porch which had been modified into living quarters, and that the ad- dition would have the same roof line as the house and would be properly insulated. In response to a question from Commissioner Engdahl as to the condition of the electrical wiring and plumb- ing of the house, Mr. Laberda responded that both the plumbing and electrical wiring had been upgraded and that there was 60 amp electrical service to the house. He stated that no additional plumbing work would be involved in the add.ition,and only minor electrical work would be involved. Chairman Scott inquired as to whether there were any objections from the neighboring property owners to the addition. Mr. Laberda stated that the neighbors were supportive of hiss proposed addition. The Secretary commented that-the addition would be an improvement to the property, but it should be de- termined first whether or not the investment is war- ranted. He stated that no zoning precedent would be set since the noncomplying setback condition already exists in the neighborhood. He also commented to the applicant that any further expansion of the house would have to be to the rear. -3- 9-14-77 Chairman Scott stated that the proposal was in keeping with variances allowed in the area, and that the proposal represented an improvement to the property and to the neighborhood. Motion by Commissioner Engdahl seconded by Commissioner Close Public Hearing Jacobson to close the public hearing. The motion passed unanimously. Motion by Commissioner Engdahl seconded by Commissioner Recommend Approval of Jacobson to recommend approval of Application No. 77047, Application No. 77047 submitted by Mark Laberda subject to an inspection of (Mark Laberda) the building to determine code compliance and struct- ural soundness of the building; and to the condition that the structure and systems will be brought into compliance as determined by the Building Official . The motion passed unanimously. The next item of business was consideration of Appli- Application No. 77048 cation No. 77048 submitted by James O'Brien. The item (games O'Brien) was introduced by the Secretary who stated the appli- cant seeks reaffirmation of the previously approved 12 to 2 story apartment project located at the north- east corner of 70th and Camden Avenues North. The Secretary briefly explained the history of the application. In 1969 a master plan was approved for a three-part development known as Columbus Village. The subject 13 acre parcel was to have been the second phase of that project. Phase 1 was developed as Columbus Village located south of the subject parcel, and Phase 3 was later developed as Evergreen Park located north of the subject parcel . The Secretary continued that, in 1973, under Application No. 73022 submitted by this applicant, a 168 unit apart- ment project to be known as "Villa La Vaca" was approved by the City Council . On March 24, 1975, the City Council reapproved those plans for the renamed "Spanish Quarter" project. At that time there was substantial discussion by the City Council relative to possible changes in the landscaping plan. In addition to the standard conditions of approval , the Council specified that any significant changes from the approved landscaping plans should be brought back for review and approval. He explained that the reason for the concern was the applicant's proposal to utilize existing trees wherever possible for screening purposes in lieu of the previously approved berming The Secretary explained that the present application represents a modification of certain site improvements, but is generally a reaffirmation of the original 168 unit complex. He further explained that this represented the maximum density permitted under the former land area requirements in effect at the time of the initial approval . ' He pointed out that the density formula has since been changed, but that this change primarily effects smaller multiple family residential parcels. He continued that this parcel is one of the last remaining large multiple family residential parcels to be developed, The Secretary reviewed the site and building plans and a letter submitted by the applicant setting forth the changes and substitutions from the originally approved plans which included the following: elimination of the swimming pool elimination of some garages; substitutions of a rough-sawn cedar exterior for the previously approved brick exterior; and removal of the balconies, but retention of the glass patio doors. A brief discussion ensued relative to re- moval of the balconies. The primary concern was one of safety and security considerations regarding the sliding glass doors. The Secretary commented that there were standard-size railings protecting the openings, and that approval would be subject to the Building Official 's review. 9-14-77 -4- There was a brief discussion on the location of the tot lots throughout the project. The Secretary recommended that there be more tot lots located on the east side of the project since there would be children living throughout the project, and this would ensure that children would not have to cross the major interior roadway on their way to the recreation area. Commissioner Engdahl inquired as to the irregular. shape of the parcel . The Secretary responded that there are five single family homes on the east side of the project whose owners did not wish to be included in the R-4 zoning designation. In response to another question from Commissioner Engdahl , the Secretary responded that a 6 ft. high vertical board fence was provided to screen the apartment project from the adjacent single family residential homes. Commissioner Pierce inquired of the City Engineer as to any proposed 'extension of 70th Avenue. The City Engineer responded that plans are to eventually extend 70th Avenue to Dupont Avenue. The City Engineer stated that there were a few minor corrections to be made on the utility plans, but that otherwise they are in order. A brief discussion ensued relative to the location of the handicapped parking spaces in the open parking area and the Secretary recommended the installation of delineators at the ends of the open parking spaces. Chairman Scott recognized Mr. Dempsey Mork who repre- sented the applicant. He stated he had nothing to add - and agreed with the recommended improvements. He stated • construction would' be hopefully started this fall . Recommend Approval of Following further discussion there was a motion by Com- Application No. 77048 missioner Pierce seconded by Commissioner Jacobson to (James O'Brien) recommend approval of Application No. 77048 submitted by James O'Brien, subject to the following conditions: 1 . Building plans are subject to approval by the Building Official prior to the issuance of permits 2. Drainage, grading, utility, and berming plans are subject to approval by the City Engineer prior to 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 improvement . 4. Any significant changes from the approved landscaping plan shall be subject to review and approval by the Planning Commission and City Council . 5. All outside trash disposal facilities shall be appropriately screened. 6. Parking lot delineators shall be installed at the ends of the open parking space area. 7. An additional tot lot or recreation area shall be located ;,n the easterly side of the main roadway through the site. The motion passed unanimously. Recess The Planning Commission recessed at 9:20 p,.m. and resumed at 9:35 p.m. -5- 9-14-77 The next item of business was consideration of Appii- Application No 77026 cation No. 77026 submitted_ by 'Real Estate 10 Inc. (Real Estate 10, Inc.) The item was introduced,by the Secretary who stated the applicant seeks rezoning, from R-1 (Single Family -`Residentill) to C-1 (Service/Office Commercial) of the triangular parcel- located at 7240 Brooklyn Boulevard. Commissioner Book arrived at 9:40 p.m. Commissioner Book Arrives The Secretary explained that the application had been considered by the Planning Commission at its July 20, 1977 meeting, was tabled at that meeting, and was referred to the Northwest Neighborhood Advisory Group for review and comment. He reviewed a letter from the Northwest Neighborhood Advisory Group submitted to the file, in which the Advisory Group unanimously recommended approval of the application.The Secretary further commented that the Northwest Neighborhood Advisory Group had recommended.that no parking be permitted on the 100 ft. easement for utility and access along Shingle Creek. Following a review of slides of the property', there was a brief discussion as to the access to the site for the proposed development. The City Engineer stated that there were presently two curb cuts from Brooklyn Boulevard to the site He continued, however, that because of grade differences, it was recommended that the curb cut to the south not be utilized. Chairman Scott recognized the applicant Mr. Frank Girdler and his architect who showed a conceptual rendering of a building proposed for the site. He stated there would be few problems in moving the parking lot off of the creek easement,and that the conceptual plans showed only the utilization of a north curb cut. The Secretary commented that in view of the uniqueness of the situation with the institutional school use on the north and the creek easement on the south, and the fact that the applicant owns 12 ft. of land on the Brooklyn Park side of the municipal boundary, that a sideyard setback variance might be considered for the property which would allow the applicant to build closer to the north property line. He stated that this would facilitate keeping the parking off the creek easement. A discussion ensued as to the recently adopted rezoning ' evaluation policy and criteria and it was the consensus that the request was consistent with the Comprehensive Plan, the guidelines of the review policy,, and did not constitute "spot zoning." Chairman Scott cited the uniqueness of the parcel 's location, the separation from residential development, and the adjacent in- stitutional school complex on the north. Following further discussion member Gilbert Engdahl introduced the following resolution and moved its adoption. RESOLUTION RECOMMENDING APPROVAL OF APPLICATION NO. Planning Commission 77026 SUBMITTED--BY REAL ESTATE 10, -INC. Resolution 77-5 The motion for the adoption of the foregoing resolution was duly seconded by member Jacobson, and upon vote being taken thereon, the following voted in favor thereof: Scott, Engdahl , Jacobson and Boob. The following against: none. 9-14-77 -6- Other Business: In other business, the Planning Commission reviewed slides of the Howe Fertilizer, Inc. property which were submitted to Chairman Scott by a resident of the area and the Secretary stated they would be presented when the application was returned ,for further consideration next month. Other Business: The Secretary also reviewed the Metropolitan Land Planning Act and the status of -the Comprehensive Plan review. Following a brief discussion, Commissioner Pierce- suggested that the Planning Commission have a joint meeting with all of the Neighborhood Advisory Groups to discuss such things as the open meeting law and the input of the Neighborhood Advisory Groups and the Comprehensive Plan. The Commission also discussed future meeting dates. Following the September 22, 1977 meeting, the Commis- sion will resume its regular meeting schedule. Adjournment Motion by Commissioner Engdahl seconded by Commissioner Jacobson to adjourn the meeting. The motion passed unanimously. The Planning Commission adjourned at 11 :15 p.m. Chairman -7- 9-14-77 1 1 1