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HomeMy WebLinkAbout1973 05-10 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND STATE OF MINNESOTA REGULAR MEETING MAY 10, 1973 CITY HALL 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, Grosshans, Foreman, Scott, and Gross. Also present were Director of Public Works James Merila and Director of Planning and Inspection Blair Tremere. Application No. 73010 Following the Chairman's explanation, the (R. A. Zimmermann) first item of business was Planning Com- mission Application No. 73010 submitted by R. A. Zimmermann. The item was intro- duced by the Secretary who stated the applicant was seeking a variance from Chapter 15 of the ordinance to permit sub- division, by metes and bounds description, of a 75 foot wide lot described as Lot 2, Block 1, Eckberg Addition. The Secretary explained the applicant was seeking a variance on the grounds that formal subdivision procedure would be un- duly restrictive. He noted that the pro- posed action would result in two lots, each 37.5 feet wide. He stated the pur- pose of the subdivision was to conclude the sale of one-half of the subject lot to the neighboring property owner. He explained that apparently title had been transferred but that the County Auditor obviously was not aware of any division. Chairman Jensen then recognized the neigh- boring property owner, Mr. R. D. Gjerstad, 3813 Eckberg Drive. Mr. Gjerstad explain- ed that the applicant was unable to attend the meeting due to an illness in the family. An extensive discussion ensued as to the ramifications of creating two substandard lots. The Secretary commented that since • the applicant and Mr. Gjerstad each in- tended to adapt one-half of the subject property for accessory extensions of their respective principal lots, it would be more desirable to replat the subject properties or establish a registered land survey. He commented that this would re- sult in two large lots, rather than four lots. The Director of Public Works commented that, if the property were to be sub- -1- 5-10-73 L � r divided by metes and bounds, an assurance that the small lots would only be used for accessory purposes to the respective principal properties should be secured in the form of a deed restriction. He stated that for purposes of simplicity, in conformance with established City policy regarding the method and descrip- tion of land subdivisions, a registered land survey would be the most desirable course. Chairman' Jensen recognized Mr. Gjerstad and inquired whether there was any par- ticular objection to a formal subdivision for establishment of a registered land survey. Mr. Gjerstad commented that the primary concern was one of time, since the first tax payment was due at the end of the month and the tax statement did not recognize any subdivision. Chairman Jensen then asked if any of the notified property owners were present and he recognized Mr. Jim Kohrt, 3806 Eckberg Drive, who stated he had no objection to the request. Action to Table Following further discussion there was a Application No. motion by Commissioner Grosshans seconded . 73010 by Commissioner Foreman to table Planning (R. A. Zimmermann) Commission Application No. 73010 sub- mitted by R. A. Zimmermann to permit the applicant the opportunity to more fully evaluate the merits of accomplishing the desired subdivision by replatting or registered land survey. The motion pass- ed unanimously. Application No. 73011 The next item of business was Planning (Ronald Fleisher) Commission Application No. 73011 sub- mitted by Mr. Ronald Fleisher. The item was introduced by the Secretary who stated the applicant was seeking approval of a variance from Chapter 15 to permit sub- division, by metes and bounds description, of the property located at 5649 Fremont Avenue North, which is 158 feet wide. He stated the intent was to create two lots, one 87 feet wide (ocenpied) and one 71 feet wide (unoccupied) . The Secretary stated the contended hard- ship was that formal subdivision proced- ures would be unduly restrictive. He stated however, that previous variances permitting metes and bounds subdivision in this vicinity had comprehended either parcels with concise and brief plat de- scriptions or those which were lots of es- tablished subdivisions. He restated the established Commission and Council policy to strive for the simplest description via formal subdivision or registered land survey. -2- 5-10-73 1 He noted that the subject parcel had an involved and relatively complex original metes and bounds description, and that the proposed action would serve to not only perpetuate the description for the occupied parcel, but would duplicate it with the new one. He stated thatthe proposed new lot would have a substandard width by four feet. He noted that there was precedent for crea- tion of buildable substandard lots in this area, and that this particular de- ficiency was less than most. Thus he noted the prime concern was with the method of subdivision and the description, not with the size of the resultant lot. The Director of Public Works reviewed the basis for the City's policy for requiring registered land surveys or plats to simplify and update original metes and bounds descriptions. Chairman Jensen then recognized the appli- cant and Ms. Baker, a realtor who re- presented him. The applicant's represen- tative stated that the applicant sought to close on a new home by the end of the month, and that the transaction was con- tingent upon the sale and subdivision of the subject property. She stated that the description did not seem to be excessively lengthy, and that the time available and expense involved, made formal subdivision prviceduros unduly restrictive. Chairman Jensen noted that none of the notified property owners was present. During further discussion, Chairman Jensen asked the applicant if he had any other particular objections to formal sub- division or the establishment of a regis- tered land survey. Mr. Fleisher responded that he did not, other than the factor of timing in that such a procedure would ex- tend beyond the established closing date. Action to Table Following further discussion there was a Application No. 73011 motion by Commissioner Foreman seconded (Ronald Fleisher) by Commissioner Scott to table Planning Commission Application No. 73011 sub- mitted by Ronald Fleisher to permit the applicant the opportunity to further in- vestigate the feasibility of subdividing the subject property by platting or registered land survey. The motion passed unanimously. Application No. 73012 The next item of business was considera- (David Brandvold) tion of Planning Commission Application No. 73012 submitted by David Brandvold. -3- 5-10-73 1 s The item was introduced by the Secretary who explained the applicant was seeking a variance from Section 35-400 to permit construction of a dwelling upon a sub- standard lot. He stated the subject property would have a width deficiency of 14 feet, upon subdivision approval as pro- posed. in the previous application. Chairman Jensen stated that pending final disposition of the subdivision request • for the subject property, it would be appropriate to table the present applica- tion. Action to Table Followin g a brief discussion there was a Application No. 73012 motion by Commissioner Foreman seconded (David Brandvold) by Commissioner Gross to table Planning Commission Application No. 73012 submitted by David Brandvold, pending final dis- position of Planning Commission Applica- tion No. 73011. The motion passed un- animously. Recess The meeting recessed at 9:00 P.M. and resumed at 9:15 P.M. Application No_ 73004 The next item of business was planning (Boone c-nstruction) Commission Application No. 73004 submitted by Steven L. Boone Construction Co. The Item was introduced by the Secretary who stated the applicant was seeking rezoning for two lots from R-1 to R-4, and approval Of site and building plans for a 5-unit townhouse complex. He stated the subject property was on the east side of the 7200 block of Lyndale Avenue North. He commented that the application was first considered and tabled at the April 5, 1973 meeting so that the rezoning matter could be referred to the Northeast Neighborhood Advisory Group. He explained that the advisory group had considered the matter on April 11th and had recommended approval of the applica- tion. The Secretary then reviewed the plans- and ' noted the previous concerns of the staff as reflected in the April 5, 1973 minutes. He stated that if the land were rezoned to R-4, it appeared that the best land use for the subject property would be in • an R-4 context rather than townhouse like units. The Director of Public Works commented as to the probable ramifications of the future upgrading of Trunk Highway 169. He noted that while current projected plans of the Highway Department did not reflect an upgrading project, the Metropolitan Council Transportation plan -4- 5-10-73 recently released did show Lyndale Avenue as being a major arterial. He stated there could also be great ramifications on the use of Trunk Highway 169 in light of the recently approved northern cross- town highway route. The Director of Public Works further com- mented that the actual amount of land which would be taken for right-of-way as part of the expansion of Lyndale Avenue a was a matter of timing and formal accept- ance• ance of expansion plans by the Highway Department. Commissioner Bogucki reiterated his con- cern with the impact of an upgrading of Lyndale Avenue upon a development such as that proposed. He stated it would not be appropriate for the City to authorize a development of this magnitude, consisting of a high density dwellings, particularly when it was probable that the site would be Beverly affected by expansion of the roadway. Chairman Jensen then asked Mr. Merila to indicate the possible affects of a major right-of-way acquisition upon the site. He then recognized the applicant who re- sponded that the design of the project and the units was such to minimize the affects of traffic and even the possible acsqnisition of right-of-way. He stated that if the primary concern was the extent of the frontyard setback, the units could be set back even further. He suggested that possibly the City could grant a certain rear yard setback variance to compensate for extensive right-of-way acquisition. Commissioner Foreman stated that at this point, the basis for discussion was spec- ulation, in that the Highway Department had no present or projected plans for widening Trunk Highway 169. The Director of Public Works responded that major con- cern was one of maximizing the setbacks to allow for future upgrading, based upon a concern that the site layout should pro- vide for optimum utilization, now and in the future. • Relative to the site and building plans, Chairman Jensen commented that there ap- peared to be merit in the R-3 type of de- velopment within the R-4 zone, in that it represented a logical stopping point for higher density development along the east side of Lyndale Avenue. The applicant then reviewed the building plans and landscaping design and stated that he had attempted to provide the most desirable project plans based upon avail- able information. -5- 5-10-73 Further discussion ensued and Commissioner Bogucki stated that while he was not in favor of prohibiting all development in this area, it appeared that the proposed project did not adequately account for the likely ramifications of a major high- way upgrading. Motion to deny There was a motion by Commissioner Bogucki (failed for lack to deny Planning Commission Application of second) No. 73004, noting that the proposed use . was not compatible with other R-4 type uses in the vicinity; it was not repre- sentative of a desirable townhouse de- velopment due to its small size, the lack of amenities such as open space, land- scaping, parking, and access. The motion died for lack of a second. Action to Recommend Following further discussion, there was Approval of Rezoning a motion by Commissioner Gross seconded Request in Application by Commissioner Foreman to recommend No. 73004 approval, the rezoning request contained (Boone Construction) in Planning Commission Application No. 73004 submitted by Steven L. Boone Con- struction Co. , noting that: 1) the pro- posal was in keeping with other rezoning actions in the area; 2) the proposed R-4 zone was compatible with the other parcels in the area; 3) no objections had been voiced by neighboring property owners and the proposal had been endorsed by the Neighborhood Advisory Group. Voting in favor were Chairman Jensen, Commissioners Grosshans, Foreman, Scott, and Gross. Voting against: Commissioner Bogucki. The motion passed. Action to Recommend Motion by Commissioner Gross seconded by Approval of Site and Commissioner Foreman to recommend approval Building Plans in the site and building plans as contained Application No. 73004 in Planning Commission Application No. (Boone Construction) 73004 subject to the following conditions: 1. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes prior to the issuance of building permits; 2. Drainage, grading and utility plans are subject to the approval by the City Engineer prior to the issuance of building permits; 3. A performance and financial guarantee (in an amount to be de- termined by the City Manager) shall be submitted to the City to guar- antee the installation of the site improvements as shown on the approved plans; 4. The ownership management and main- tenance of all outside common areas and common facilities including -6- 5-10-73 roadways, utilities, and street lighting shall be under the juris- diction of one Home Owners Associa- tion. 5. Home Owners Association agreements and bylaws shall be submitted to the City; shall be subject to re- view by the City Attorney prior to e issuance of building permits; ( and shall include: • (a) provisions for the City to provide maintenance and re- vitalization of roadways, utilities, and other common use facilities in the event the City Council deems such maintenance and revitalization necessary, with the cost of such expenses that might be incurred to be assessed to the property owners; (b) provision for water and sewer main and fire hydrant mainten- ance and inspection agreements pursuant to Section 35-410 (5) of the ordinances. 6. A plat of the subject property shall be submitted to the City for review and approval in accordance with Chapter 15 of the City Ordinances. Voting in favor were Chairman Jensen, Commissioners Grosshans, Scott, Foreman, and Gross. Voting against Commissioner Bogucki. The motion passed. Application No 73009 The next item of business was Planning (Henry Stenquist) Commission Application No. 73009 submitted by Henry Stenquist. The item was intro- duced by the Secretary who stated the applicant was requesting approval of a preliminary plat for the townhouse project to be known as "Riverbrooke Townhouses" . He stated the subject property was at the northwest quadrant of 66th and Lyndale Avenues North and that the proposed plat comprehends the sites of 38-units plus the common area. chairman Jensen recognized the applicant • and an extensive discussion ensued. Commissioner Gross stated that in his opinion, the plat should indicate the roadways and utility easements apart from the general open area. The Director of Public Works responded that the proposed plat was an acceptable format, in that provision for utilities and roadways was made in the Home Owners Association document. -7- 5-10-73 Action to Recommend Following further discussion there was a Approval of Application motion by Commissioner Bogucki seconded No. 73009 by Commissioner Grosshans to recommend (Henry Stenquist) approval of Planning Commission Applica- tion No. 73009 submitted by Henry Sten- quist subject to the following conditions: 1. The final plat shall be subject to review by the City Engineer; , 2. The final plat shall be subject to • the requirements of the Platting Ordinance; 3. Home Owherg Association documents, which assure maintenance of the physical facilities and utilities by the association with the pro- vision that the City would assume such responsibility upon City Council determination that the Home Owners Association fails to do so, shall be submitted to and approved by the City Attorney. Voting in favor were Chairman Jensen, Commissioners Bogucki, Grosshans, Scott, and Foreman. Voting against, Commissioner Gross. The motion passed. Commissioner Gross explained his negative vote in that he felt the roadways and utility easements should be indicated seperately from the general common area; that in effect, the proposed plat was in- complete notwithstanding the provision for those facilities in the Home Owners Association document; and because he had certain reservations as to the design of the project. Discussion of Public The next item of business was extensive Hearing on Home discussion of the scheduled public hear- Occupations ing on May 17th, relative to ordinance provisions for home occupations and special home occupations. The Secretary presented a draft of a position paper which was developed as a result of dis- cussion at the April 12, 1973 meeting. Chairman Jensen had the Secretary read the position paper and various comments and revisions were made as to the Consensus Developed language of the draft. Following a brief Accepting Position discussion, it was the consensus of the Paper on Home Commission to adopt the position paper on • Occupations home occupations and special home occupa- tions, and to direct the Secretary to dis- tribute the same to members of the City Council, the Neighborhood Advisory Groups, as well as to citizens in attendance at the public hearing. -8- 5-10-73 i Adjournment Motion by Commissioner Foreman seconded by Commissioner Gross to adjourn the meeting. The motion passed unanimously. The Planning Commission meeting adjourned at 11:55 P.M. Chairman -9- 5-10-73