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HomeMy WebLinkAbout1973 05-17 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 SESSION MAY 17, 1973 CITY HALL Call to order The Planning Commission met in study session and was called to order at 8:05 P.M. by Chairman Robert Jensen. Roll Call Chairman Jensen, Commissioners Bogucki, Grosshans, Foreman, Scott, and Gross. Also present were Director of Public Works James Merila, City Attorney Richard Schieffer, and Director of Planning and Inspection Blair Tremere. Public Hearing Relative Following the Chairman's explanation, to Home Occupations and the first item of business was the Special Home Occupations scheduled public hearing relative to ordinance provisions for home occupations and special home occupations. Chairman Jensen read the Planning Commission in- formation sheet entitled "Home occupa- tions and Special Home Occupations", which was distributed to those citizens present at the hearing. He then announced that the meeting was open to the public for comments as to the subject issue. He then recognized a number of citizens and their commentary was duly noted. There being no further testimony, Chair-r� man Jensen announced that the public hearing was closed. He explained that the Commission had been charged by the Council to evaluate the ordinance provisions for home occupa-- tions and special home occupations and to offer any appropriate recommendations. He stated that testimony taken at the hearing would be considered in conjunc- tion with other factors, and a recommen- dation would be made in the near future with ultimate disposition to be taken by the City Council. Recess The meeting recessed at 10:00 P.M. and reconvened in the City Council Chambers at 10:15 P.M. iApplication No. 73011 The next item of business was considera- (Ronald Fleisher) tion of Planning Commission Application No. 73011 submitted by Ronald Fleisher. The item was introduced by the Secretary who stated the application had been tabled at the May 10th meeting so the applicant could investigate the feasibil- ity of a formal subdivision instead of the proposed metes and bounds action. He stated that the applicant had in- dicated that because of time factors -1- 5-17-73 relative to a sales agreement on the property, he wished to secure a recom- mendation so that the matter might re- ceive final disposition. The Secretary also explained that the applicant had indicated a formal sub- division procedure could not be com- pleted in time for the proposed closing date. . He further reiterated the Commission's concern that to permit metes and bounds subdivision would not be in keeping with the City policy, which strives for con- cise and simplified descriptions; and, that the recommendation was the subject property should ultimately be platted according to the normal subdivision procedures. He noted the contended hardship, that platting would be unduly restrictive, was primarily based upon a time factor established by the applicant and his realtor. He noted, however, that there was a possible means of accomplishing the desired subdivision which would also recognized the immediacy perceived by the applicant. He explained this would involve an agree- ment that the parcel could be divided by metes and bounds description initially, with the stipulation that a formal plat would be submitted within 90 days; and, further, that a cash escrow, in an amount sufficient to cover the cost of said plat, would be deposited with the City to guarantee the completion of the plat. An extensive discussion ensued and Chairman Jensen recognized Mrs. Evelyn Schmidt, a realtor representing the applicant. She stated the applicant was willing to comply with the recommend- ed action, that a formal bid had been secured for the platting, and that the engineering firm would preceed immed- iately with developing the plat. She submitted for the file, the agree- ment dated May 17, 1973, signed by the registered land surveyor for the firm, Cherrier, Winter, and Associates, which stated the subject parcel would be platted into two parcels for a fee not to exceed $300.00. Mrs. Schmidt also commented that ultimately the new buyers of the subject properties would be in- volved, in that they would be the principal parties for the final plat. The Director of public Works briefly commented as to conversations which he had with the mentioned land surveyor concerning the cost of the proposed work. -2- 5-17-73 Action Recommending Following a brief discussion, there was Approval of Application a motion by Commissioner Gross seconded No. 73011 by Commissioner Bogucki to recommend (Ronald Fleisher) approval of Planning Commission Applica- tion No. 73011, submitted by Ronald Fleisher, subject to the following conditions: 1. The subject property will be platted according to the pro- visions of Chapter 15 of the 4 City Ordinances within 90 days of approval of the application; 2. That a cash escrow in an appro- priate amount, will be deposited with the City to guarantee the completion of said plat. The motion passed unanimously. Application No. 73010 The next item of business was considera- (R. A. Zimmermann) tion of Planning Commission Application No. 73010, submitted by R. A. Zimmermann. The item was introduced by the Secretary who stated the item was tabled at the May 10th meeting so the applicant could investigate the feasibility of securing a registered land survey in lieu of the requested variance for metes and bounds subdivision. He stated that due to time and expense, the applicant's contention remained that such a procedure would be unduly restrictive. The Secretary stated that this appeared to have merit in that the property had been already platted. He recalled that the main concern of the Commission was whether to permit the creation to two substandard (37.5 feet) lots. He stated the intent of the applicant was to adapt each of the new lots to the adjacent properties for accessory uses 'by the respective property owners. He commented that if a variance were deemed appropriate, it appeared the concern as to the status of the two sub- standard lots could be diminished by requiring deed restrictions on each of the new lots. He stated that such documents would limit the use of those lots to accessory uses by the respective adjacent properties (Lot 1 and Lot 3, i Eckberg Addition) . An extensive discussion ensued and Chairman Jensen recognized the applicant who commented that he had no objection. Commissioner Grosshans inquired as to the status of the two new lots in terms of tax assessment policies. The Director of Public Works commented as to assessment procedures and policies. -3- 5-17-73 Commissioner Gross voiced his concern as to the finality of the proposed deed restrictions and he inquired as to what future ramifications might be realized if said restrictions were- some- how lifted from the properties. A brief discussion ensued and the Secretary commented that the question of the binding assurance of the deed restrictions could be referred to the City Attorney for comment. He said restrictions would be filed with the City and placed on record with the sub- ject application. He stated that if for some reason the restrictions were lifted, the subject lots could not be built upon without a variance. He commented that the concerns of the Commission as well as the restrictions would then be a matter of record to be considered at the time such a variance was requested. A--tion Recommending Following further discussion, there was Approval of Application a motion by Commissioner Foreman No. 73010 seconded by Commissioner Grosshans to (R. A. Zimmermann) recommend approval of Planning Commis- sion Application No. 73010 submitted by R. A. Zimmermann subject to the follow- ing conditions; 1. A deed restriction shall be placed upon each of the sub- standard lots created by the sub- division, and such restrictions shall limit the use of said lots to accessory uses by the respec- tive adjacent lots (Lot 1 and Lot 3, Eckberg Addition).? 2. Copies of said restrictions shall be submitted to the City and shall be subject to review and approval by the City Attorney. The motion passed unanimously. Proposed Amendment The next item of business was consider.a- to Application tion of a proposed amendment to the site No. 72066 Approved plan for the Evergreen Park Apartments, Plan as approved under Application No. 72066. The item was introduced by the Secretary who stated the original application had been approved on August 28, 1972, and that construction had commenced shortly thereafter. He explained that during the course of construction, certain unapproved alter- ations had been made to the site and building plans by the architect and the builder. He noted that the matter had been brought to the Commission's atten- tion on May 10th for informational pur- poses, and that the City Administration had proceeded with the investigation -4- 5-17-73 .s and pending disposition of the matter of unauthorized amendments. The Secretary commented that Mr. Vern Linder, owner of the subject property, was present and was now requesting con- sideration and approval of certain site amendments. He explained further that the changes basically encompassed the elimination of an originally approved cul-de-sac roadway running east and west near the southern boundary of the property= the shifting and widening of two proposed sidewalks on either side of the building adjacent to the original cul-de-sac roadway; and certain land- scaping changes. Chairman Jensen recognized Mr. Linder and an extensive discussion ensued. it was noted that the widened walkways would provide for emergency vehicle access to the subject building and that the original intent of the cul-de-sac roadway was to make provision for possible future access onto Lyndale Avenue North. With regard to the latter proposal, it was noted that approval of such an access was highly unlikely and that there was little functional need for the cul-de-sac roadway. Mr. Linder also commented that the subject area contained over 100 full grown trees, and he preferred to retain the trees for screening and aesthetic purposes. In response to a question by Commissioner Foreman, Mr. Linder stated that he was proposing the substitution of six of the required six-inch in diameter green ash trees with comparable size ever- green trees. - He stated the species was long lived hardwood, as required by the ordinance, and would fit more appro- priately with the theme of the housing project. Action Recommending Following further discussion there was Approval of Amendments a motion by Commissioner Foreman to Application No. 72066 seconded by Commissioner Scott to recommend approval of the amendments to the site plan as originally approved under application No. 72066, noting that this action in no way condones the development and utilization of unapprov- ed plans, which resulted in certain substantial changes in the subject pro- ject. The motion passed unanimously. Comments on proposed The Director of Public Works then pre- Paving at established sented and discussed a proposed paving Sites project which would increase the park- ing spaces on the apartment site located at the northeast quadrant of 69th and Humboldt Avenue North. A brief -5- 5-17-73 discuss -q ensued. commissioner Fore m—i A. ,.c . cite table at 11:40 P.M. The Director of Public Works also brought to the attention of the Commission, a proposed paving project on the site of the Berean Free Church. Further discussion ensued as to the need for review of improvements or con- tinued site work of previously approved projects. Adjournment Motion by Commissioner Grosshans seconded by Commissioner Bogucki to adjourn the meeting. The motion passed unanimously. The Planning Commission meeting adjourned at 11:46 P.M. Chairman I -6- 5-17-73