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HomeMy WebLinkAbout1973 08-02 PCM MINUTES OF THE PROCE13DINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND STATE OF MINNESOTA REGULAR MEETING CITY HALL AUGUST 21 1973 • Call to Order: The Planning Commission met in regular session and was called to order at 8:05 P.M. by Chairman Robert Jensen. Roll Call Chairman Jensen, Commissioners Bogucki, Scott, Gross, and Engdahl. Also present were Director of Planning and Inspection Blair Tremere and Director of Public Works James Merila. Approve Minutes Motion by Commissioner Bogucki seconded by July 19, 1973 Commissioner Engdahl to approve the minutes of the July 19, 1973 meeting as submitted. Voting in favor were: Chairman Jensen, Commissioners Bogucki and Engdahl. Not voting: Commissioners Gross and Scott who stated they were not present at the July 19th meeting. The motion passed. Application No. 73021 The first item of business was consideration (Orville Willa) of Planning conwission Application No. 7302", submitted by Orville Wilda. The item was introduced by the Secretary who explained the matter had been tabled at the July 19th meeting to permit the applicant the oppor- tunity to revise the proposed plat and to permit notification of neighboring property owners of the proposed variance. He stated the applicant was seeking pre- liminary plat approval for a parcel located at 6732 Lyndale Avenue North and that the newly created lot complied with minimum dimensions outlined in Chapter 15. He com- mented that the setback from the existing house to the new lot line was 22 feet, and thus, the variance would acknowledge an 18 foot deficiency. Chairman Jensen then recognized the appli- cant and a brief discussion ensued regarding the need for the variance. The Secretary stated that there appeared to be merit for the variance, given the following factors: the size of the existing lot; the desira- bility, from a planning perspective, of platting a new lot at the east end of the property; the consistency with the policy of conforming with the minimum standards of the Subdivision Ordinance; and, the size of the old lot which will permit the location of any future house so to conform with the 40 foot minimum rear yard setback. -1- 8/2/73 � t Chairman Jensen then asked if any of the notified property owners were present, and Mr. Fred Nelson, 6726 Lyndale Avenue North, commented as to the ramifications of the subject action upon possible future similar requests regarding his parcel. A brief dis- oussion ensued and the Secretary stated that since all of the lots in this area were not being platted at one time, each individual parcel and proposed preliminary plat would • have to be evaluated on its own merits and suggested that Mr. Nelson contact the City staff regarding the details of his situation. The Secretary noted that there was an old storage shed on the new lot, and stated that the structure should be removed prior to construction on that site. Mr. Wilda re- sponded that he was in the process of having that structure removed and also stated the steel storage shed behind his existing house would also be relocated, so not to interfere with the new lot line. Action Recommending Following further discussion, there was a Approval of application motion by Commissioner Bogucki seconded by No. 73021 Commissioner Gross to recommend approval of (Orville Wilda) Planning Commission Application No. 73021 submitted by Orville Wilda requesting a rear yard setback variance and a preliminary plat, subject to the following conditions: 1. Final plat is subject to approval by f4he City Engineer prior to Council approval: 2. Final plat is subject to the require- ments of Chapter 15 of the City Ordinances. The motion passed unanimously. Application No. 73023 The next item of business was Planning Com- (Ladder of Learning) mission Application No. 73023 submitted by Mrs. Betty Smith and others. The item was introduced by the Secretary who stated the applicant was seeking a special use permit to operate a day care center in the Beach Apartments at 4201-4207 Lakeside Avenue. He stated the name of the proposed facility was the "Ladder of Learning Day Care Center" . He noted staff concerns included the maximum capacity of the facility, the hours of operation, and provision for adequate safety and fire protection provisions. In that re- gard he stated the Building Inspector had re- searched the State Building Code and State Fire Code requirements and had noted the following: 1) for a facility located in a structure such as this, not more than 20 children would be allowed in a day care center, and such facility must be on the first floor lever; 2) travel distance to a building exit in this particular structure -2- 8/2/73 shall not be more than 150 feet; 3) appro- priate exit lights will be required over all exits and in the path of travel; 4) if handicapped children at involved, no less than one ramped exit shall be provided; 5) electrical outlets within childrens reach shall be protected with insert covers; 6) approved fire extinguishers shall be pro- vided in hallways -and kitchens and else- where as required by the Fire Marshall; 7) an approved fire blanket shall be kept near the kitchen area; 8) not less than one fire drill shall be held each month. The Secretary stated it was as yet undeter- mined whether the use of two apartments would constitute two separate facilities or one, in determining the maximum number of children permitted. He stated the applicant was unsure at this time whether more than one apartment would be used. in that regard he stated the assumption was made that the application comprehended only the use of one apartment and consequently the 20 child limitation would be applicable. An extensive discussion ensued regarding effective fire escape routes, with particu- lar attention being paid to the fact that the balconies of the apartments extended over the driveway approach to the under- ground parking facility. There was concern as to whether the sliding glass doors to the balconies would serve as appropriate emergency exits for children. The Secretary commented that code requirements for apart- ments and fire exits deemed windows as exits Commissioner Bogucki responded, however, there was some question as to how effective windows could serve as emergency exits for children. Chairman Jensen then recognized the applican who explained it was the intent to use one` unit at this time, depending on the demand, and she further commented that certain State welfare requirements held that there must be one qualified person per 10 children present at all times. She further stated that in addition to beinC certified teachers, the supervisory personpe must also be qualified as to emergency , escape and exiting procedures. • Chairman Jensen inquired as to what area of the City the facility would serve. The applicant responded the intent was to draw from the Twin Lake area, and specifically the apartment complex. She stated there was an indication already that 13 children could be enrolled in such a facility. In response to a question by Commissioner Gross the applicant stated the intended hours were from 6:30 A.M. to 6:00 P.M. , -3- 8/2/73 Monday through Friday, and provision would be made for a g7walified personnel to be present at all times. Further discussion ensued relative to safety provisions and the Secretary recommended that as a condition of approval thorough inspection and approval by the Building Inspector, the local Fire Marshall, and any appropriate state agencies be made prior to • the issuance of the permit. Commissioner Gross inquired whether the owner of the building was willing to make any modifications so to provide for effec- tive safety and fire protection measures. Mrs. Burrell, representing the owner, re- sponded that if reasonable modifications were required, the owner would be amenable to them. Chairman Jensen stated that he felt document- ed evidence from state agencies and the local Fire Marshall particularly, should be on file prior to final disposition of the application. In other discussion, Commissioner Scott in- quired as to provisions for playground equipment and open space. The applicant responded that adequate open space and recreational facilities were available on the site and that at the recommendation of the State Welfare Department Inspector, the public playground area at the beach would not be used. In response to a question by Commissioner Gross, the applicant stated that she was requesting that the •cic eic range in the kitchen area be disconnected, and that meals would consist of bag lunches with snacks. She noted hot lunches were not required. She also commented that the state had specific minimum requirements as to furnish- ing the facility and that such documentation could be provided to the City. In response to a question by Chairman Jensen, the applicant stated the facility would be licensed annually and should be inspected periodically by the State Welfare Department. She also commented that children would only be taken under contract and noted the variouE- state requirements for medical and liability • insurance. Chairman Jensen stated he felt the best pro- cedure would be to table the application until the study meeting, to permit the appli- cant the opportunity to work with the staff in having the facility inspected, and docu- menting said inspections and requirements for the file. -4- 8/2/73 Action to Table Following a brief discussion there was a Application No. 73023 motion by Commissioner Gross seconded by (Ladder of Learning) Commissioner Scott to table planning Com- mission Application No. 73023 submitted by Mrs. Betty Smith et al. , until the August 16, 1973 meeting to permit the applicant the opportunity to work with the staff in accom- plishing the following: 1. Document for the file, compliance . with various state and local regulations; 2. Document for the file, a statement from the owner approving the pro- posed facility, and willingness to make provisions so to provide effective safety measures. 3. Establish whether the use of two apartments would constitute one facility with regard to the maximum number of children in a day care facility in such a structure. The motion passed unanimously. Application No. 73024 The next item of business was consideration (Brook ParI4 Realty) of Planning Commission Application No. 73024 submitted by Brook Park Realty. The item was introduced by the Secretary who explain- ed that the application was in response to a condition of approval of Application No. 73011 submitted by Ronald Fleisher (app­­­­4 by the City Council on May 21, 1973) . He stated the application was for prelim- inary plat approval of a parcel -located at 5649 Fremont Avenue North, and that the re- quirement was that the subject lot would be formally subdivided within ninety days of the Council action approving a temporary metes and bounds subdivision. He stated the preliminary plat indicates the lots as approved. He noted the new lot was 71 feet wide and that the deficiency of 4 feet was noted and approved by the earlier action. Chairman Jensen recognized Mrs. Evelyn Schmidt who represented the applicant and a brief disucssion ensued. The Secretary noted that the former owners of the property, Mr. and Mrs. Ronald Fleisher: had been required to post a $300.00 cash escrow to guarantee the accomplishment of the preliminary plat. He stated that upon approval of the final plat, the money would be returned to them. Action Recommending Following further disucssion there was a .approval of Application motion by Commissioner Bogucki seconded by No. 73024 Commissioner Engdahl to recommend approval (Brook Park Realty) of Planning Commission Application No. 73024 -5- 8/2/73 submitted by Brook hark Realty subject to the following conditions; 1. The final plat is subject to review by the City Engineer prior to Council approval, 2. The final plat is subject to the re- quirements of the Subdivision Ordinance. • The motion passed unanimously. Application No. 72068 The next item of business was consideration (Anoka-Hennepin of Planning Commission Application No. School District) 72068 submitted by the Anoka-Hennepin independent School District. The item was introduced by the Secretary who stated the application consisted of annual review and renewal of a special use permit for a temporary classroom structure approved by the City Council on August 28, 1972 for a one year period. He commented that the applicant had deter- mined last year that based upon the school census, an additional classroom space would be required for approximately 30 students at the Evergreen Park Elementary School, 7020 Dupont Avenue North. He stated the temporary structure was located north of the school and that the school district had determined the structi,ire would be needed for at least one more year. Chairman Jensen inquired whether any of thp . neighboring property owners were present and he recognized Mr. Richard Higgins, 7037 Dupont Avenue North, who stated his concern with the alleged "temporary" nature of the building. He commented that he and other property owners were concerned that the building not become a permanent addition to the site and stated some concern as to whether the building was on a sound founda- tion. Chairman Jensen commented that he appreciates Mr. Higgins cv-ncern, noting the ordinance provision that schools were special uses, and that the Council had specified an annual review of the permit. He then recognized Mr. Salmela, who represented the Anoka- Hennepin School Board, and who commented that it was not the intent of the Board to make the structure a permanent addition to the Evergreen School site. He commented that a bond issue for providing more perman- ent structures had been voted down last year, but that the Board had decided to submit the bond proposal to the voters again this fall. In response to a question by Chairman Jensen, Mr. Salmela stated that the enroll- ment in the district had increased, but that' -6- 8/2/73 the enrollment at Evergreen School was approximately the same. He noted, however, that there was a distinct possibility some students would be brought in by bus to the Evergreen School. Commissioner Gross noted some concern as to the temporary nature of the structure and noted that when the permit was originally issued, the school district had indicated the structure probably would not be required for more than three years. An extensive discussion ensued and Mr. Salmela stated that he could forsee that the building might be needed for an additional year. Chairman Jensen responded that renew- al of the permit would be for twelve months, and would be reviewed again next year. Action Recommending Following further discussion there was a Approval of Special motion by Commissioner Scott seconded by Use Permit P.enewal Commissioner Gross to recommend approval of (Application No. 72068, the renewal of the special use permit for Anoka-Hennepin the Anoka-Hennepin School District, as con- School District) tained in Planning Commission Application No. 72068 for one year. The motion passed unanimously. Recess The meeting recessed at 9:40 P.M. and resum- ed at 10:05 P.M. other Business: In other business, the Secretary stated that Council Moratorium the City Council at its July 23rd meeting ha�cl on Multi-Residential, established a 120 day moratorium on all Development multi-residential development not approved by the City Council. He stated that during the moratorium, a study was to be conducted regarding the following ordinance provisions for R3 through R7 districts: 1) recreation area; 2) light, air and view; 3) open green space; 4) parking and storage facilities. He stated the Council had directed that the Planning Commission serve as the coordinat- ing body for the various policy determina- tions which may be required, following an in depth investigation by the Department of Planning and Inspection. He stated that it had been suggested some consideration be given to a defined organizational structure such as the establishment of ad hoc com- mittees and the use of the neighborhood groups. He further noted the moratorium period cur- rently in affect would terminate on approx- imately November 19, 1973, coinciding with the date for a regular City Council meeting. Chairman Jensen then recognized Mayor Cohen who commented as to the intent of the mora- torium and noted various factors which generated its adoption. The Secretary and -7- 8/2/73 the Mayor reviewed a map indicating the re- maining multi-residential parcels in the City which had yet to be developed as such, and an extensive discussion ensued. Mayor Cohen stated the basic concern was providing for quality of life and noted this conviction was based upon his ex- perience on the Metropolitan Housing Committee. He recommended that the Com- mission initiate their participation in the study by meeting with the City Attorney, and he emphasized the use of existing staff resources versus contracting with a planning consultant. Chairman Jensen stated that it was necessary to undertake this study in terms of the provisions of the Comprehensive Plan, the present needs of the City and its residents, and existing ordinance requirements. Commissioner Bogucki responded that it was important for the Planning Commission to proceed with the philosophy of doing what was deemed right for the community. He stated that he personally would recommend a consultant be contacted to provide infor- mation and response to preliminary recom- mendations by the Commission. in further discussion, Chairman Jensen stated he would propose the use of the neighborhood groups and a structuring of the study by the established neighborhoods. He commented two basic questions which definitely needed to be answered were whether changes were required in the ordinance, and whether any rezoning actions were necessary. Fa.:.th Academy In other business, the Secretary stated special use Matter that an application had been received from the Faith Academy Christian Elementary School, relative to a proposed special use permit and he noted that due to the timing of the application, and the next regularly scheduled Planning Commission meeting in September, the applicant had requested to be heard at the August 16th study meeting. It was the consensus of the Commission to hear the petition of the Faith Academy Christian Elementary School at the August 16th meeting. Nonconforming In other business, the Secretary stated that Residential uses on May 24, 1973, the Commission considered in R3-R5 Distracts an application submitted by Mr. Mike Harrer, 6521 Brooklyn Bouletard requesting variance approval from Section 35-111 (nonconforming uses) to permit construction of an addition to his single family dwelling located in an R5 district. He commented the application was tabled at that time to permit evalua- tion and consideration of the nonconforming -8- 8/2/73 use ordinance provisions, particularly as they relate to nonconforming single family uses within residential districts zoned other than R1 or R2. The Secretary noted that research had been done regarding this matter and it was recommended that if the Commission deter- mined that 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 exist- ing at the time of the adoption of this ordinance may be extended throughout the building, provided no structural altera- tions except those required by ordinance, law, or other regulation are made therein Excepted from the structural alteration limitation"axe single family dwellings located in residential districts other than R1 or R2, provided -any structural alterations or additions shall conform with the requirements of the R1 district. The Secretary noted there had been dis cussion at the May 24th meeting, that Mr. Harrer's application for a variance could serve as a vehicle to carry any proposed ordinance change through to the Council. He stated that if it were determined by the Commission that an ordinance change were merited, the following action was recoumik-nc3- ed: the application could be placed on the August 16th study meeting agenda and a recommendation for denial of the application would be made in conjunction with a . recmr— mendation that the ordinance be amended to provide for the above described exception. He stated that on the other hand, if it were determined by the Commission that no ordinance change was required, Mr. Harrer's application for a variance could be again considered at the study meeting, and an evaluation could be made on its merits. It was the consensus of the Commission that the application submitted by Mr. Harrer and tabled at the May 24th meeting be placed on the August 16th agenda. Comments on Walkway In other business, the Director of Public Construction Program Works inquired of the Commission, whether any feedback had been received relative to the on going walkway construction program. A brief discussion ensued and the Director of Public Works explained that there had been some objection to sidewalk installa- tion by groups of citizens in various parts of the City. He stated that there had been a meeting recently held with one such group. He noted the basis for his question was that extensive use had been made of the neighbor- hood study groups at the time the basic sidewalk network program was proposed. -9- 8/2/73 Chairman Jensen stated that extensive de- liberation had gone into the establishment of the Sidewalk Network Program, and that it was important to keep in mind the in- tegral nature of the sidewalk network. He commented that this overall philosophy should be followed so that the integrity of the network is not disrupted by random gaps. Adjournment: Motion by Commissioner Engdahl seconded by Commissioner Gross to adjourn the meeting. The motion passed unanimously. The Planning Commission meeting adjourned at 11:40 P.M. Chairman -10- 8/2/73