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HomeMy WebLinkAbout1973 05-24 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMfSSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND STATE OF MINNESOTA STUDY SESSION MAY 24, 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, Scott, Gross, and Engdahl. Also present was Director of Planning and Inspection Blair Tremere. Approval of Minutes: Motion by Commissioner Scott seconded by 4-12-73 Commissioner Gross to approve the minutes of the April 12, 1973 meeting as submitted. Voting in favor were Chairman Jensen, Commissioners Bogucki, Scott, and Gross. Not voting: Commissioner Engdahl who explained he was not at the April 12th meeting. The motion carried. 5-10-73 Motion by Commissioner Gross seconded by Commissioner Scott to approve the minutes of the May 10, 1973 meeting as submitted. Voting in favor were Chairman Jensen, Commissioners Bogucki, Scott and Gross. Not voting: Commissioner Engdahl who explained he was not present at the May 10th meeting. The motion carried. 5-17-73 Motion by Commissioner Bogucki seconded by Commissioner Scott to approve the minutes of the May 17, 1973 meeting as submitted. Voting in favor were Chairman Jensen, Commissioners Bogucki, Scott and Gross. Not voting: Commissioner Engdahl who explained he was not present at the May 17th meeting. The motion carried. Application No. 73013 Following the Chairman's explanation, the (Mike Harrer) first item of business was consideration of Planning Commission Application No. 73013 submitted by Mike Harrer. The item was in- troduced by the Secretary who explained the applicant was seeking a variance from Section 35-111 (nonconforming uses) to permit. construction of an addition to a single family • dwell.ing..located` in an R-5 district. He stated "the subject property was located at 6521 Brooklyn Boulevard. He explained Section 35-111 provides that "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". -1- 5-24-73 He said the applicant contended that a hardship was realized in that the noncon- forming use provision does not allow for a needed expansion of the habitable portion of his single family dwelling. Chairman Jensen then recognized the applicant who explained his situation, and the need for an additional bedroom. He explained that he considered his situation unique in that a separate bedroom was needed for each of his children, and he commented that he had lived in the subject dwelling since 1962. Chairman Jensen commented that by noting the length of time the applicant had owned the home, as well as the intent of the proposed addition, he could draw a distinction from this request and a previous one which in- volved a single family dwelling in a commercial district. In further discussion, Commissioner Gross stated that he sympathized with the appli- cant's situation and his need but he com- mented that he could not endorse the approv- al of a variance. He stated however, that he could consider an ordinance change which would comprehend the status of single family dwellings in residential districts which were zoned other than R-1. He noted earlier Council action regarding nonconforming single family dwelling uses (Application No. 72080 submitted by Clarence Dudley) as well as current ordinance pro- visions. He stated that some differentiation should be made in the ordinance between non- conforming single family dwellings in resi- dential districts and those in commercial districts. In response to a question by Chairman Jensen, the Secretary noted that the Comprehensive Plan called for a planned development in the subject area south of FI-94, and noted the observation in that document to the effect that single family dwelling uses should be continued until such time that a proposal for a planned development is submitted. In further discussion, Commissioner Bogucki • stated he sympathized with the applicant and felt that the circumstances warranted a variance. He stated that the discussion indicated there was definitely a need to examine current ordinance provisions. Chairman Jensen stated that the present application could be used as a vehicle by which Commission consideration and possible recommendations as to change might be con- veyed to the City Council. He noted that at the time of the disposition of Application No. 72080, the Council had asked the -2- 5-24-73 Commission to evaluate the ordinance pro- visions regarding nonconforming single family uses in commercial districts. He stated the entire range of nonconforming single family uses could be considered in the near future, particularly in light of the applicant's request. Chairman Jensen informed the applicant that this study and deliberation could take a minimum of 60 days, and the applicant re- sponded that he saw the need for such analysis, commenting that he hoped to be able to construct the proposed addition prior to winter. Action to Table Motion by Commissioner Gross seconded by Application No. 73013 Commissioner Scott to table Planning Com- (Mike Harrer) mission Application No. 73013 to permit evaluation and consideration of the noncon- forming use ordinance provisions, particu- larly as they relate to nonconforming single family uses within residential districts zoned other than R-1. The motion passed unanimously. Recess The meeting recessed at 9:15 P.M. and resumed at 9:40 P.M. Consideration of The next item of business was review of the Home Occupation and status of home occupations and special home Special Home Occupation occupation ordinance provisions in light of Ordinance Provisions the May 17, 1973 public hearing. In addition the Secretary read the definition of home occupations as set forth in the zoning ordinances of other suburban communities. Establish Ad Hoc Following extensive discussion, Chairman Study Committee Jensen suggested the establishment of a sub- committee to include Commissioners and citizens to analyze and develop concrete recommendations to the Commission and City Council. He then established a subcommittee to be chaired by himself and to include Commission- ers Foreman and Gross as well as the chair- men of the neighborhood groups. He stated that the subcommittee would meet on Tuesday, June 5th. He requested that the Secretary develop pertinent information regarding the subject for the subcommittee's evaluation prior to that meeting. • Adjournment Following a brief review by the Secretary of pending site and building plan applications, there was a motion by Commissioner Gross seconded by Commissioner Scott to adjourn the meeting. The motion passed unanimously. The Planning Commission meeting adjourned at 11:20 P.M. Chairman -3- 5-24-73