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HomeMy WebLinkAbout2012 12-13 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 DECEMBER 13, 2012 CALL TO ORDER The Planning Commission meeting was called to order by Chair Rahn at 7:04 p.m. ROLL CALL Chair Sean Rahn, Commissioners Scott Burfeind, Kara Kuykendall, Michael Parks, and Stephen Schonning were present. Also present were Councilmember Carol Kleven, Secretary to the Planning Commission Tim Benetti, Director of Business & Development Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Stan Leino and Carlos Morgan were absent and excused. APPROVAL OF MINUTES—NOVEMBER 29 2012 There was a motion by Commissioner Parks, seconded by Commissioner Burfeind, to approve the minutes of the November 29, 2012 meeting as submitted. The motion passed. Commissioners Rahn and Kuykendall abstained since they were not at the meeting. CHAIR'S EXPLANATION Chair Rahn explained the Planning Commission's role as 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 in these matters. APPLICATION NO. 2012-022 LUDMILLA BRYSKINA 5601 INDIANA AVENUE NORTH Chair Rahn introduced Application No. 2012-022, a Variance to City Code Sect. 35-111, the expansion of a non-conforming structure in the R-I (One Family Dwelling) District, which would allow the Applicant the ability to construct a passageway/tunnel between an existing dwelling and detached garage, and maintain a reduced setback for the garage of 18.3 ft. from the required 35 ft. front-yard setback. (See Planning Commission Information Sheet dated 12-13-12 for Application No. 2012-022.) Mr. Benetti explained that the applicant has requested a variance to construct an underground passageway between the house and detached garage. He further explained that when two structures are attached, they become one structure and all setbacks must be met. The variance recognizes an expansion to the non-conforming existing structure. He added the house sits well above the grade elevations of the garage and the reason for the construction of the tunnel is to basically connect the two structures with most of the tunnel below ground. Mr. Benetti further explained that the applicant will have to prove that the structure will be built one foot above flood elevation levels at the time permits are applied for. Page 1 12-13-12 Mr. Benetti stated staff feels the request to modify the property is a reasonable manner not permitted by the zoning ordinance and is justifiable. He added it is a unique situation and will not alter the essential character of the neighborhood and approval is recommended. Chair Rahn asked for details of the construction of the building. Mr. Benetti replied he believes it will have a pitched roof and part of the structure will be above ground. He further explained the applicant had attempted to verify the property was not in the flood zone. However, it was determined the property is in the flood zone, therefore, the bottom floor of the tunnel will have a six inch rise to keep the structure out of the flood zone. PUBLIC HEARING—APPLICATION NO. 2012-022 There was a motion by Commissioner Kuykendall, seconded by Commissioner Parks, to open the public hearing on Application No.2012-022, at 7:10 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. The applicant, Ludmilla Bryskina, 5601 Indiana Avenue N, introduced herself to the Commission. She stated the structure will come about three feet above ground and about four feet below ground and the floors of the garage and the basement will be connected. She added the basement sits lower than the garage so they will have to make steps at the entrance. She added they have not decided on the details of the roof yet but are thinking a flat roof with a very slight pitch. Commissioner Parks asked if the applicant has considered building a green roof similar to materials used in rain gardens. Ms. Bryskina stated she is researching that but the cost of doing that is a considerably higher. She added she attended the remodeling fair and talked to an architect about such a design but she does not have enough information to make a decision. Commissioner Parks replied that the city wants the home to comply with appropriate guidelines and it is good that she has talked to an architect. He added building a hard surface will increase run off on the property and there are things that can be added that will allow water to slowly run off the property. Ms. Bryskina stated she appreciates the comments and hadn't thought about run off on the property but would take that into consideration when designing the structure. She added the tunnel will not be heated but will have electricity for lights. CLOSE PUBLIC HEARING There was a motion by Commissioner Parks, seconded by Commissioner Burfeind, to close the public hearing on Application No. 2012-022 . The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Commissioner Burfeind stated when considering a request for a variance it is important to consider if the request is reasonable and justified. He added he visited the property and since the applicant did not create the situation, but is trying to correct a dangerous situation, he is in favor of approving the application. Page 2 12-13-12 Commissioner Parks stated if the applicant can remove a dangerous condition on the property by building this connection, he is in favor of approving the application. He added there are small things to do that may cost more money but will be worth it. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2012-26 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-022 SUBMITTED BY LUDMILA BRYSKINA FOR APPROVAL OF A VARIANCE TO CITY CODE SECTION 35-111 NONCONFORMING USES, LOCATED AT 5601 INDIANA AVENUE NORTH There was a motion by Commissioner Kuykendall, seconded by Commissioner Parks, to approve Planning Commission Resolution No. 2012-022. Voting in favor: Chair Rahn, Commissioners Burfeind, Kuykendall, Parks, and Schonning And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its January 14, 2013 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. DISCUSSION ITEM There were no discussion items. OTHER BUSINESS Commissioner Kuykendall stated this is her last meeting and she appreciated working with the Commission members and staff for the last five years but due to work commitments she is unable to continue to serve. There was no other business. ADJOURNMENT There was a motion by Commissioner Burfeind, seconded by Commissioner Kuykendall, to adjourn the Planning Commission meeting. The motion passed unanimously. The eting adjourned at 7:41 p.m. Chair Recorded and transcribed by: Rebecca Crass Page 3 12-13-12