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HomeMy WebLinkAbout1973 12-06 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND STATE OF MINNESOTA CITY HALL REGULAR MEETING DECEMBER 6, 1973 Call to Order: The Planning Commission met in regular session and was called to order at 7 :30 P .M. by Chairman Robert Jensen. Roll Call: Chairman Jensen, Commissioners Gross , Scott and Engdahl. Also present was Director of Planning and Inspection Blair Tremere. Approve Minutes : Motion by Commissioner Scott seconded by 11-15-73 Commissioner Gross to approve the minutes of the November 15, 1973 meeting as sub- mitted. The motion passed unanimously. Application No. 73039 The first item of business was considera- (LaPepiniere Montessori) tion of Planning Commission Application No.- 73039 submitted by LaPepiniere Montessori School, Inc. The item was introduced by the Secretary who stated the facility had been in operation for some time and came to the City ' s attention when a state request for fire safety in- spection was made. He commented that the premises of the Lutheran Church of the Triune God, 5827 Humboldt Avenue North were inspected by the Fire Chief and Building Inspector and the applicant was informed that a special use permit was required. Commissioner Grosshans arrived at 7:40 P .M. Chairman Jensen recognized a represen- tative of the applicant and a discussion ensued relative to certain code de- ficiencies which had been noted by the inspectors . Commissioner Gross inquired as to the recommended limitation of . 29 persons in the facility. The Secretary responded- that the applicant had indicated that school policy limited the number of children in any particular session. He also commented that state regulation specified that, if the operation involved more than 29 persons, an automatic fire alarm system would have to be installed. Chairman Jensen then waived the reading of the names of the persons notified of the hearing in that no one was present. -1- 12/6/73 Action Recommending Following further discussion there was Approval of Application a motion by Commissioner Scott seconded No. 73039 by Commissioner Engdahl to recommend (Lapepiniere Montessori) approval of Planning Commission No. 73039 submitted by Lapepiniere Montessori School subject to the following conditions: 1. The premises will be brought into compliance with all applicable . state and local regulations as to fire safety, health, and building code standards, and such com- pliance will be documented by the appropriate inspection agencies and submitted to the file prior to the issuance of the special use permit; 2 . The special use permit shall be for a twelve month period com- mencing on the date of issue, and the operation shall be in ac- cordance with the provisions of the applicant' s operating license; 3 . The operation shall be limited to no more than 29 persons, per session held on the premises . In further discussion the Secretary re- sponded to a question by Chairman Jensen that the current state license would be issued upon approval of the facilities by the local authorities . Chairman Jensen then called for a vote and the motion passed unanimously. Commissioner Foreman arrived at 7:50 P .M. Application No. 73042 The next item of business was consideration (John Greenly) of Planning Commission Application No. 73042 submitted by Mr. John A. Greenly. The item was introduced by the Secretary who stated the applicant ' s property, de- scribed as Lot 2, Block 4, Twin Lake Woods Addition, which, was platted in 1947. He stated the property has 226 feet frontage on Twin Lake Boulevard and an effective lot depth of 117 . 5 feet on the north and 183 feet on the south. He further stated the applicant' s house was located in the middle of the property and that there was a large inlet-lagoon located on the northerly portion. The Director of Public Works arrived at 8.00 P.M. The Secretary explained that in 1966 the applicant proposed dividing the lot into three parcels (Application No. 66045) , and the Commission had then recommended -2- 12/6/73 denial -- noting that a two lot division would be acceptable. The Secretary stated the item was not considered by the Council and that the recommendation for denial was apparently based upon the factors of the inlet-lagoon, the location of the house, and the shape and size of the lot. The Secretary also noted the proposed plat comprehends the creation of a new lot at the southerly end of the property; the new lot line would be 10 feet from the existing house. He stated that while the new lot would have an odd configuration, due to a deviation in the south lot line, the minimum requirements of the Sub- division Ordinance were met. Chairman Jensen then recognized the appli - cant and an extensive discussion ensued. The Director of Public Works stated his concern with the difference in location of the lot line indicated on the pro- posed plat, versus the location of the actual shoreline. He stated that the proposed west property line lies westerly of the current platted line. He stated that he had discussed this difference with the applicant ' s surveyor, and Mr. Greeniy stated his surveyor had recommended that legal action be taken to extend the lot line of the property from that indicated on the current plat to that which was proposed. Chairman Jensen inquired as to whether the dimensions of the lot, comprehending the west property line on the current plat, met with the minimum ordinance requirements . The Secretary and the Director of Public Works responded in the affirmative, and stated that approval of this proposed plat would be for a lot whose west line was that indicated on the existing plat. Mr. Merila continued, that if the applicant, through proper legal channels , was able to extend that line, the plat could then be so re- vised in the future. A brief discussion then ensued between Commissioner Gross and the Director of Public Works relative to the existing and proposed elevations of the subject property and its relation to the Twin Lake Wet Lands Area. Action Recommending Following further discussion there was a Approval of Application motion by Commissioner Gross seconded by No. 73042 Commissioner Grosshans to recommend -3- 12/6/73 approval of Planning Commission Applica- tion No. 73042 submitted by Mr. John A. Greenly subject to the following conditions; 1. Approval comprehends the westerly property line as that recognized on the current Twin Lake Woods . . Addition Plats 2. The final plat shall be subject to review by the City Engineer; 3. The final plat shall be subject to the requirements of Chapter 15 of the City Ordinances; 4. Approval acknowledges the odd shape of the parcel, but in no way implies or grants any variances relative to future construction. The motion passed unanimously. Application No. 73041 The next item of business was consideration (North Brook Nursery) of Planning Commission Application No. 73041 submitted by North Brook Nursery School. The item was introduced by the Secretary who stated that the relatively large facility (comprehending approximate total of 140 children at staggered sessions) had been in existence for some time at the North Brook Alliance Church, 6240 Aldrich Avenue North. He stated the Inspection Department had been requested by the state to check the facilities in October, and the applicant had been in- formed of certain code deficiencies as well as the requirement for a special use permit. He commented that generally the facilities were well designed for the proposed use-. He stated, however, that there were a number of code safety requirements which must be met and that these had been noted in a report submitted by the Fire Chief and the Building Inspector. Chairman Jensen then recognized Pastor Bubna, who represented the applicant and an extensive discussion ensued. Commissioner Gross commented as to the deficiencies noted by the inspectors and also noted that the copy of the state license, which had been placed on file, had expired in October. The Secretary explained that a new license would be issued upon confirmation by local authorities as to compliance with various safety requirements. -4- 12/6/73 J ' Pastor Bubna stated that Honeywell, Inc. had been contracted to install an auto- matic fire alarm system since a number of sessions involved more than 29 persons . Chairman Jensen waived the reading of names of persons notified of the public hearing since no one was present. Action Recommending Following further discussion there was a Approval of Application motion by Commissioner Engdahl seconded No. 73041 by Commissioner Foreman to recommend (North Brook Nursery) approval of Planning Commission Applica- tion No. 73041 submitted by North Brook Nursery School subject to the following conditions: 1. The premises will be brought into compliance with all applicable , state and local regulations as to fire safety, health and building code standards, and such com- pliance will be documented by the appropriate inspection agencies and submitted to the file prior to the issuance of the special use permit 2. The special use permit shall be for a twelve month period commencing on the date of issue and the operation shall be in accordance with the provisions of the applicant' s operating license. , The motion passed unanimously. Application No. 73044 The next item of business was Planning (Ms. Sue Dunkley) Commission Application No. 73044 sub- . mitted by Ms. Sue Dunkley. The item was introduced by the Secretary who stated the applicant had recently re- ceived a special use permit for a nursery school at the Faith Community Church, and that apparently the operation had been successful so to have outgrown those facilities. He stated that the applicant had applied for a revised license and proposed to open a facility at the Lutheran Church of the Master, 1200 69th Avenue North for approximately 28 children. The ® Secretary further explained the hours of operation would be five hours per day two days per week, and that the church had authorized the use of the facilities to May, 1974. The Secretary stated the facility had ; been inspected by the Fire Chief and Building Inspector whose report was on file. He noted that generally the facility meets state requirements. -5- 12/6/73 Chairman Jensen recognized the applicant and a brief discussion ensued. Ms. Dunkley stated that the items listed by the inspectors had been taken care of and she briefly explained the nature of the operation. Chairman Jensen waived the reading of the names of the persons notified of the public hearing in that none were present. Action Recommending Following further discussion there was a Approval of Application motion by Commissioner Foreman seconded No. 73044 by Commissioner Gross to recommend ap- (Ms . Sue Dunkley) proval of Planning Commission Application No. 73044 subject to the following con- ditions: 1. The premises will be brought 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 appro- priate inspection agencies and submitted to the file prior to the issuance of the special use permit; 2. The special use permit shall be for a twelve month .period com- mencing on the date of issue, and the operation shall be in accordance with the provisions of the applicant' s operating license. The motion passed unanimously. Recess The meeting recessed at 8:30 P.M. and resumed at 8:45 P.M. Application No. 73045 The next item of business was Planning (American Bakeries) Commission Application No. 73045 sub- mitted by American Bakeries Company. The item was introduced by the Secretary who stated the applicant was seeking approval of site and building plans for an area bakery goods distribution center, in- cluding a small "thrift store" to. be located on the south side of 69th Avenue North between June and Indiana Avenues North. He stated the gross floor area of the proposed structure was approximately 11,000 square feet and the size of the parcel was approximately 1.2 acres. He stated because of these dimensions, as well as the current ordinance parking requirements, the use of the site for a retail center could not be permitted. He stated that the plans did comprehend -6- 12/6/73 adequate parking as required for general commercial purposes. He stated the facility was primarily an area distribution point and sales office, with approximately 500 square feet de- voted for a "day old" baked goods He stated the bulk of the floor area, however, was intended for the parking, routine maintenance and loading of approximately 24 delivery vehicles. Chairman Jensen then recognized re- presentatives of the applicant and of the applicant 's architect, and an ex- tensive discussion ensued. The Secretary stated that substantial screening, in- cluding berming, was recommended at the northerly end of the site in particular consideration of the single family -resi- dences across 69th Avenue. The Secretary also noted the concern� of the City Sanitarian relative to designated holding areas for fresh baked goods which were delivered daily by semi-trailer truck and held for later loading onto the smaller delivery vehicles. He stated that the sanitarian had indicated that the applicant 's food handling license could be jeopardized if inspections by that department discovered racks of baked goods being stored in the open garage area. An extensive discussion ensued relative to the merits of adding additional en- closed space, and Mr. Connell who repre- sented the applicant stated that the dock area which was separated from the garage was deemed to be more than adequate for their holding needs. He stated that perhaps the dock area could be expanded, but he disagreed with the sanitarian 's suggestion that perhaps additional en- closed space should be provided within the garage area. A brief discussion ensued relative to the layout of the parking lot and the need for the required number of spaces . The Director of Public Works recommended that a seven foot sidewalk easement be provided to the City in anticipation of future walkway construction. The. appli- cant responded that this would be agreeable. In further discussion the Secretary re- commended that the applicant consider the use of a gas pumping facility which did not involve the typical above ground service-station type of pump enclosure. -7- 12/6/73 4 In further discussion concern was noted that all exterior lighting should be directed in such a manner that no glare is cast towards the residential properties to the north. Action Recommending Following further discussion there was a Approval of Application motion by Commissioner Gross seconded by No. 73045 Commissioner Scott to recommend approval (American Bakeries) of Planning Commission Application No. 73045 submitted by American Bakeries subject -.o the follov".g conditions: 1. a_—ailding plans are subject to review by the Building Inspector with respect to applicable build- ing codes prior to the issuance of permits ; 2. Grading, drainage, utility and berming plans are subject to re- view by the City Engineer prior to the issuance of permits; 3. A performance agreement and financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure site improvements as in- dicated on the approved plans; 4 . All exterior lighting shall con- form with ordinance requirements and shall be located in such a manner that light will not be directed toward the neighboring residential properties; 5. Approval is exclusive of all signery; 6. T, seven foot walkway easement shall, be provided to the City in antici- pation of installation of future walkway; 7 . Prior to the City Council con- sideration of the application, the applicant will arrange a meeting with the City Sanitarian to dis- cuss the need for adequate hold- ing areas for fresh baked goods . Voting in favor were: Commissioners Gross, Scott, Engdahl, Grosshans and Foreman. Not voting: Chairman Jensen. The motion passed . Addendum (Note: Mr. Bob Connell representing the applicant and Mr. John Urbach of the City Sanitarian De',Dartment met at City Hall on Monday, December 10th to discuss the possible need for additional enclosed holding --teas. The applicant indicated that the deck area would be expanded, but that there was no apparent need for -8- 12/6/73 additional enclosed area within the garage portion of the structure. The Sanitarian indicated that this was acceptable, but noted the premises were subject to regular inspection as a condition of the eventual food handl- ing license and that the storage of fresh baked goods in the open garage area would not be tolerated.) Application No. 73037 The next item of business was considera- (B.C.I .P.) tion of Planning Commission Application No. 73037 submitted by B.C.I .P. The item was introduced by the Secretary who stated the applicant was seeking approval of amended building plans which comprehended the lowering of the roof of the north wing of Spec. Building No. 6, from 22 feet to 16 feet. He stated the height of the south wing would remain the same. He noted the applicant' s in- tent was to provide tenant areas of a smaller volume, i.e. , there would be no provision for future upper level (mezzanine) expansion as in the standard tenant area. The Secretary also noted the foundation for both wings had been set in place and the width of the north wing, by ap- proved design, consists of three bays, as compared to four bays in the south wing. Chairman Jensen recognized Mr. Jon Redman, who represented the applicant and who reviewed a rendering of the elevations of the Spec. Buildings along 69th Avenue. Action Recommending Following a brief discussion there was Approval of Amendment a motion by Commissioner Scott seconded to Application No. 73037 by Commissioner Foreman to recommend (B.C.I .P.) approval of the proposed amendment to the building plans approved under application No. 73037. The motion passed unanimously. Application No. 73040 The next item of business was con- (Dayton Development) sideration of Planning Commission Ap- plication No. 73040 submitted by Dayton Development Company. The item was in- troduced by the Secretary who stated the application was a proposed J Registered Land Survey requested by the 1 City intended to up date current Registered Land Survey No. 1209, which comprehends much of the western perimeter of the Brookdale Complex. He stated the subject area was located between Xerxes Avenue North and Brooklyn Boulevard, from 55th to 56th Avenues North, and consisted of twelve tracts. -9- 12/6/73 Action Recommending Following a brief discussion there was Approval of Application a motion by Commissioner Foreman No. 73040 seconded by Commissioner Engdahl to (Dayton Development) recommend approval of Planning Com- mission Application No. 73040 sub- mitted by Dayton Development Company subject to the following conditions: 1. The final plat .shall be subject to the requirements of the Subdivision Ordinance; 2. The final plat shall be subject to review by the City Engineer. The motion passed unanimously. Other Business: In other business the Secretary briefly reviewed a number of pending and future applications for approval of proposed developments. In other business Chairman Jensen noted the study meeting would be held at 8:00 P.M. on December 13th and that the main item of business was further discussion of the ordinance require- ments relative to multi-residential housing. Adjournment: Motion by Commissioner Grosshans seconded by Commissioner Gross to adjourn the meeting. The motion .. passed unanimously. The Planning Commission meeting adjourned at 10:50 P.M. Chairman L4