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HomeMy WebLinkAbout1973 08-16 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND STATE OF MINNESOTA STUDY MEETING CITY HALL AUGUST 16, 1973 Call to Order: The Planning Commission met in study session and was called to order at 8:10 P.M. by Chairman Pro tern Robert Grosshans. Roll Call: Chairman Pro tern Grosshans, Commissioners Bogucki, Foreman, Scott and Engdahl. Also present were Director of Public Works James Merila, Director of Planning and Inspection Blair Tremere and Admin- isttative Assistant Jim Lacina. Application No. 73018 Following the Chairman's explanation, the (B.C.I .P.) first item of business was consideration of a building plan amendment to Planning Commission Application No. 73018 sub- mitted by B.C.I.P. , Inc. The item was introduced by the Secretary who stated the applicant was seeking approval of an amendment for Speculative Industrial Building No. 5, which comprehends an en- largement of the southerly wing by 34 feet. He stated that the total area would be increased by more than 16,000 square feet and that the number of excess parking spaces would be reduced from 139 to 88 spaces. He further noted that the building, as revised, would meet all setback requirements. The Director of Public Works commented as to the grading and elevations of the proposed site, stating that the plans appeared to be in order. He noted that approval of the proposed amendment would result in an adjustment of the Metropoli- tan Sewer Board Service Availability Charge, as well as the building permit. The Secretary also noted that a number of revisions had been made regarding the landscape plan and a brief discussion ensued. Action Recommending Motion by Commissioner Foreman seconded Approval of Amendment by Commissioner Scott to recommend ap- • to Application No. 73018 proval of the amended site and building (B.C.I.P.) plans for Speculative Industrial Build- ing No. 5 (as comprehended by Planning Commission Application No. 73018 sub- mitted by B.C.I.P. ,Inc.) , subject to the original conditions of approval. Voting in favor were: Chairman Pro tern Grosshans, Commissioners Bogucki, Foreman. Scott and Engdahl. The motion passed. _l_ 8/16/73 Application No. 73021 The next item of business was considera- (Orville 'Rilda) tion of Planning Cenvilission Application No. 73021 submitted by O_�,vil le Wilda. The item was introduced by the Secretary who explained that tha applicant's re- quest for preliminary plat approval for a parcel of land at 6732 Lyndele Avenue North has been remanded to the Planning Commission by the City Council. He stated that the Commission had recom- mended approval of a plat which indicat- ed a new lot with a depth of 110 feet. He stated that the ordinance called for a minimum average depth of 110 feet and that the applicant had proposed having a northerly property line 115 feet in length and a southerly property fine 105 feet in length. Chairman Pro tem Grosshans recognized � _•= applicant and a brief discussion ensued. The Secretary noted that the Planning Commission had acknowledged a rear yard setback variance from the existing house of approximately 18 feet. He stated t: at due to the realignment of the new property line, this variance would be for approximately 22 feet. The Secretary also noted that with the adjustment of the property line, any structure built on the new lot could not exceed 30 feet in width at the southerly end, without some variance action as to the rear yard setback. Mr. Wilda stated that the prospective buyers of the lot had planned a home which was 28.8 feet in width. Action Recommending Approval Following further discussion, there was of Application No. 73021 as a motion by Commissioner Scott seconded Revised (Orville Wilda) by Commissioner Engdahl to recommend approval of Planning Commission Applica- tion No. 73021 as revised, submitted by Orville Wilda subject to the following conditions: 1. Final plat is subject to the re- quirements of Chapter 15 of the City Ordinance; 2. Final plat is subject to review by the City Engineer prior to Council approval. • The motion passed unanimously. Application No. 73023 The next item of business was considera (Ladder of Learning tion of Planning Commission Application Day Care Center) No. 73023. The item was introduced by the Secretary who stated the application was submitted by the Ladder of Learning Day Care Center, requesting a special use permit to operate a facility in the -2- 8,/16/73 Beach Apartments, 4201-4207 Lakeside Avenue North. He stated the item had been considered at the August 2, 1973 meeting and had been tabled so that data regarding the conformance of the physical facilities with applicable codes and re- gulations could be documented. Chairman Jensen arrived at 5:45 P.M. The Secretary stated that a letter had • been received from the State Department of Welfare, which explained the appli- cant would be considered eligible for a day care facility license upon confirma- tion from the City that compliance had been made with all local requirements, and the regulations entitled "Standards Child Welfare Rule No. 311 . The applicant then submitted a copy of Child Welfare Rule No. 3, dated June, 1973. The Secretary explained that on August 13th, an inspection of the premises of the proposed ' facility' had been made jointly by City inspectors. The Secre- tary reviewed a memorandum submitted by the City Health Sanitarian relative to various safety and health requirements' and recommendations. The Secretary also noted with regard to provision for an approved emergency exit, that the City Fire Marshall had indicated a ramp, ex- tending from the side of the balcoriy of either of the proposed apartments at t�- east end of the building* could be can-- sidered an approved exit. Ms. Carole Burrell, a -representative of the owner, submitted a letter starting th owner was in favor of having a child car center at the Beach Apartments, subject to certain conditions: only one apartmen will be involved for the use. of the center, that being apartment 141; a ramp may be built up to the balcony, which the day care center will be expected to - ' build and maintain; said ramp would pro- vide an entry and exit for the day care facility; the other doors and halls of the complex are not to be used by child- ren, except in an .emergency or by those children who live at the Beach .Apartjaent and, the childrens ' play area would be:. restricted to the area behind. the. build- ing outside apartments 124 and 125. The Secretary explained that apartm 141 was one of the units at the %QqY .en6 of the building which had a balcony ex- tending over the entrance to the under- ground garages. He further stated tttl:�at apartments 124 and 125 were at the ONO, end of the building facing Twin Lake Beach Park. An extensive discussion en- sued relative to the use of the proposed. -3- 6/16/73 ramp for purposes other than an emergen- cy exit, the need to cross the garage driveway approach, and the need to travel along the north side of the build- ing to get to and from the designated play area. In response to a question by Commissioner Foreman, Ms. Burrell stated that there were no sidewalks along the north side of the building. Commissioner Grosshans inquired of the • Building Inspector as to -various physi- cal alterations which would have to be made to bring the dwelling unit into conformance with day care center standards. Mr. Dahn briefly described various building code requirements noting particularly the design of the proposed ramp and the need for altering the design of the sliding glass doors. in further discussion, Chairman Jensen. stated that the basic issue before the Commission was one of use. Commissioner Engdahl commented the more technical matter of compliance with various codes and regulations should be left as a matter of determination for the various professional inspectors. Chairman Jensen stated that in his opinion, if all technical and safety requirements were met, he had no objection to the day care center facility. Commissioner Foreman stated his agreement. As to the question of use, the Secretary reiterated the concern as to the feasi- bility of using the subject apartment, including the proposed ramp from the balcony, and the location of the desig- nated play area. Commissioner Grosshans inquired of the applicant as to the availability of other similar size apartments in the complex. The Secretary responded that units 124 and 125 at the west end of the complex were the same size and de- sign, and in fact, opened up onto patios overlooking the designated play area. He stated however, that the apartment management had determined the use of these units for day care purposes was not desirable because of its proximity to the "adult wing" of the complex. Action Recommending Ap- Following further discussion there was proval of Application a motion by Commissioner Jensen second- No. 73023 ed by Commissioner Foreman to recommend (Ladder of Learning) approval of Planning Commission Applica- tion No. 73023 subject to the following conditions: 1. The premises will be brought -A- 8/16/73 into compliance with all applic- ♦ able state and local regulations as to fire, safety, health, and building code standards; and such compliance will be document- ed by the respective inspection agencies and submitted to the file, prior to the issuance of a special use permit; 2. The special use permit shall be • for a twelve month period com- mencing on the date of issue; 3. A copy of the State License for the day care facility shall be filed with the City. Voting in favor were: Chairman Jensen, Commissioners Bogucki, Foreman end Engdahl. Voting against: Commissioner Scott, who explained she could not vote in favor of the proposed facility given its designated location. Not Voting: Commissioner Grosshans who. explained he had not been present at the previous meeting when the initial public hearing was held. The motion passed. Application No. 73026 The next item of business was planning (Faith Academy, Inc.) Commission Application No. 73026 sub- mitted by Faith Academy, Inc. The item.. . was introduced by the uecreLary who ex- plained that on August 2, 1973, the Commission had agreed to hear the appli- cation at the study meeting in considera- tion of the applicant's statement that the proposed school was scheduled to commence classes on September 4th. He stated the request was for a special use permit for the operation of a parochial school on the premises of the Berean Evangelical Free Church, 6625 Humboldt Avenue North. He stated the applicant had indicated the facility would comprehend grades "K-9" , and would serve approximately 75 pupils. The Secretary stated that the premises had been inspected by the State Fire Marshall's office, and that on August 13th, City Inspectors had also checked the building. He reviewed the findings of the City Inspectors, and noted that . the City Fire Marshall had received the findings of the State Fire Marshall. He explained there were a substantial number of items which must be corrected before the facility meets minimum requirements of various codes and standards. An extensive discussion ensued. Chairman Jensen then recognized Mr. Jankowski, who represented the applicant and further discussion ensued relative to -5- 8/16/73 the proposed operation. The Secretary noted that the City Sanitarian was most ` concerned that if the kitchen facilities of the church ware to be used for any food preparation, that area would have to meet a number of sanitation and health code requirements. Mr. Jankowski stated that there would be no food pre- paration at the church except for the use of available refrigerators for storing milk. He said students would be required to bring bag lunches. Regarding documentation which had been required for the file, the Secretary stated a letter had not been received from the applicant or the church stating that all code and regulatory deficiencief would be rectified prior to the commence- ment of the school operation. Mr. Jankowski stated such a letter would be forthcoming and it was the intent of the applicant and the church to meet all applicable requirements. Chairman Jensen then recognized a Trustee of the Church Board who stated the church would comply with all applic- able requirements, so to bring the facility into compliance, before the school commenced. An extensive discussion ensued relative to certain Fire Marshall regulations regarding the restriction of classes for kindergarten through second grade. Chairman Jensen inquired as to what part of the church would actually be used for classes, and Mr. Jankowski replied that generally, the lower level would be used. chairman Jensen then inquired as to whether the work required to bring the church into compliance with applicable codes and regulations could be accom- plished by the proposed September 4th opening date. Mr. Jankowski responded in the affirmative. Commissioner Bogucki stated that based on the amount of work called for in the Fire Marshall': report, and the Sanitarian's comments, it was doubtful whether such work could, be accomplished by September 4th. • Chairman Jensen emphasized that should the application be approved, the facilit; must be bought into compliance prior to the commencement of classes, and that such compliance must be documented by inspection reports of the various ap- propriate agencies. in further discussion, Chairman Jensen inquired as to how the applicant in- tended to comply with various require- -6- 8/16/73 ments by September nth. Building in- Spector Will Dahn was recognized and stated that accurate plans indicating the present status of the facility as well as the proposed changes, drawn by a certified architect or engineer, would be needed to accurately determine whether the stated requirements were being met. ' Mr. Jankowski responded that plans pre- pared by an architect had been submitted, and the Secretary stated that such plans • were only certified as to the installa- tion of an automatic fire alarm system. Chairman Jensen stated that the primary issue before the Commission was whether to approve the requested special use. He stated that assurance that all applic- able regulations and codes were met, was a matter for the City staff to pursue prior to the issuance of the permit. Commissioner Bogucki questioned whether the physical plant of the church would lend its self to supporting a quality curriculum for nine grades. Mr. Jankow- ski offered brief comments as to the scope of the Faith Academy curriculum and stated that it was the applicant's opinion the facilities -were adequate for their purposes. An extensive discussion ensued relative to the standards of operation and chair- man Jensen again noted that his primary concern was assurance that facilities not designed for full time school, would be brought into minimum code compliance for a school. The. Secretary responded that if the application were approved, the actual permit would not be issued until all appropriate inspection agencies had determined that applicable code and regulatory requirements had been met. He stated further that any operation of the school before such a permit was issued would be deemed unlawful. Action Recommending Following further discussion there was Approval of Application a motion by Commissioner Foreman No. 73026 seconded by Commissioner Bogucki to (Faith Academy, Inc.) recommend approval of Planning Commis- sion Application No. 73026 submitted by Faith Academy, Inc. , subject to the following conditions: • 1. The remises will 1 be bought into compliance with all applicable state and local regulations as to fire safety, health, and building code standards and such compliance will be documented by the respective inspection agencies and submitted to the file prior to the issuance of special use permit; -7- 8/16/73 2. The special use permit shall be for a twelve month period com- mencing on the date of issue; 3. Documentation indicating the certification .of all teachers of the proposed school shall be placed on file with the City. The motion passed unanimously. • Application No. 73013 The next item of business was Planning (Mike Harrer) Commission Application No. 73013 sub- mitted by Mike Harrer. The Secretary introduced the item which was tabled at the May 24, 1973 meeting to permit evaluation and consideration of the nonconforming use ordinance provisions, particularly as they relate to noncon- forming single family uses within res- idential districts zoned other than R1 or R2. The Secretary then reviewed the Planning Commission minutes of May 24, 1973, re- garding the applicant's request for a variance from Section 35-111, involving the property located at 6521 Brooklyn Boulevard. The Secretary reviewed a memorandum dated August 2, 1973, which outlined various approaches which might be taken to clarify the status of single family homes in areas zoned for higher residen- tial uses. He stated that if the Com- mission determined an ordinance change should be made, paragraph 3 of Section 35-111 could be amended to read as follows: A nonconforming use of a building existing at the time of the adoption of this ordinance may be extended throughout the building, provided no structural alterations except those required by ordinance, law, or other regulation are made therein. Excepted from the structural alteration limitation are single family dwellings located in residen- tial districts other than R1 or R2, provided any structural alterations or additions shall conform with the requirements of the R1 district. • chairman Jensen stated that he felt this was a preferable means of dealing with the matter, noting that it was more de- sirable than granting variances, and that the actual incidence of such cases was relative small. Commissioner Bogucki stated that there was definitely merit in the proposed -6- 8/16/73 ordinance change in that the situation • exemplified by Mr. Harrer's situation was not equitable for homeowner's who wish to maintain and upgrade their dwellings despite the fact they were located in areas zoned for higher resi- dential uses. The Secretary stated that a possible method of bringing the ordinance change to the Council would be via a recommen- dation for denial of the subject appli- cation. Mr. Harrer indicated that he would just as soon have a hearing on the matter and seek a disposition of the proposed ordinance change. Chairman Jensen then determined it was the consensus of the Commission that Section 35-111 of the City ordinances relative to nonconforming uses should be amended as noted above. Action Recommending Following further discussion there was Denial of Application a motion by Commissioner Foreman No. 73013 (Mike Harrer) seconded by Commissioner Scott to recom- and Recommending mend denial of Planning Commission Ordinance Amendment Application No. 73013, noting that the standards for a variance were not met; and, further noting the consensus and recommendation of the Commission that the Council consider and adopt the ordinances am�ndmFr.� �c5�:ri}-+er7 �'bvve_ In other matters the Director of Purl is woks stated that at the May 17, 1973 meeting, plans for the paving and up- grading of the parking lot area at the Berean Free Church, 6525 Humboldt Avenue North had been informally review- ed by the Commission. He stated that it was the Commission's determination at that time, final plans including landscaping plans, should be brought before the Commission and Council for review and approval as amendments to the original site and building plans. Mr. merila briefly reviewed the plans noting the proposed parking was to be,eue-*Q ,,Ay phased and included a temporary ----• bitum b between the phased areas. He also noted that the proposed land- scaping was an ongoing project. Chairman Jensen recognized Mr. Ewing who represented the church and a brief discussion ensued. Action Approving Parking Motion by Commissioner Foreman seconded Lot Layout and Landscaping by Commissioner Grosshans to approve the Plans as Amendments to submitted parking lot paving and layout Application No. 61238 plans as well as the submitted land- (Berean Free Church) scaping plans as amendments to the original site and building plans (file 61236) . The motion passed unanimously. -9- 8/16/73 In other business it was the consensus to hold a special study meeting on August 30th for purl)oses of consider:.aq a variety of pending matters, particu- larly the interim study requested by the Council relative to multi-residen- tial development, and the matter of home occupations. In that regard, Chairman Jensen stated that each Commissioner should meet with his respective Neighborhood Group and begin discussions as to the points noted by the Council in the moratorium action as well as other aspects of multi-resi- dential housing, zoning, and development Chairman Jensen also asked that the Secretary prepare a timeflow chart or calendar designating various deadlines for the submission of study items. Adjournment Motion by Commissioner Foreman seconded by Commissioner Engdanl to adjourn the meeting. The motion passed unanimously. The Planning Commission meeting ad- journed at 12:18 A.M. Chairman i _10 8/16/73