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HomeMy WebLinkAbout1973 01-04 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 January 4, 1973 City Hall Call to Order The planning Commission met in regular session and was called to order at 6:00 -P.M. by Chairman Robert Jensen. Roll Call Chairman Jensen, Commissioners Bogucki, Scott, Foreman, Gross and Engdahl. Also present were Director of Public Works James Merila, and Administrative Assistant Blair Tremere. Approval of Minutes 12-14-72 Motion by Commissioner Foreman seconded by Commissioner Gross to approve the minutes of the December 14, 1972 meeting as submitted. Motion passed unanimously. Application No. 12006 Following the Chairman' s explanation, the Secretary introduced planning Commission Application Number 72086 submitted by Schramm' s Brookdale Tovota. He explained that the applicant was requesting a special use permit to operate a retail automobile dealership as rerxuired by Section 35-322 of the City Ordinances. He noted that the applicant' s dealership was on the premises formerly occupied by Brookdale Chrysler- Plymouth. The Secretary further explained that through administrative oversight, the special use permit application was not processed when the applicant was granted a license to commence business at that location on October 2 , 1972. He further stated that the terms of an agreement of operation between the City and the Chrysler Corporation were made a condition of approval for the license for the Toyota Dealership. Chairman Jensen recognized Mr. Schramm, who briefly discussed his operation and ex- plained the hours of business. Chairman Jensen noted that neighboring Sproperty owners had been notified and he recognized Mr. Tacheny, 3606 61st Avenue North. Mr. Tacheny inquired whether the applicant owned or was leasing the building and Mr. Schramm responded that he was leas- ing the premises. Mr. Tacheny continued that he did not feel Chrysler Corporation had met the obligations of the operational -1- 1-4-73 agreement in terms of the maintenance of the general landscaping and the green area around the building. He stated this had been particularly accentuated over the last year since the building was vacated. Chairman Jensen then read Article 2 of the agreement with Chrysler Corporation which stated the agreement to "provide and main- tain a landscaped area between the shadow block wall and the south wall of the • primary building and the adjacent property lines of the first described property and that such landscaped area and trees thereon will be maintained in a park like manner, as shown on the site plans submitted and approved" . Chairman Jensen further commented as to the long standing concern of the Planning Commission and City Council regarding the protection of the neighboring property owners. Mr. Schramm responded that he fully intended to maintain the existing landscaping and shrubbery, but he stated that the matter of providing and developing a park-like area would have to be investi- gated further. He stated that he was not fully familiar with the agreement. The Secretary stated that a copy of the agreement had been personally presented to a representative of the applicant when the business cownienced operation and that that officer of the company had been familiarized with its provisions. He further noted Article 9 of the agreement which stated: "Chrysler Realty Corporation agrees to include the provisions of this agreement and any lease which it, as owner, may enter into with respect to the above described property. This agreement shall bind the parties hereto, their successors, assigns, or tenants, as the case may be The Secretary further commented that it appeared primary objections appeared to be relative to the landscaping and thus, were seasonal in nature and would be checked for compliance as weather permitted. Application No. 72086 Following further discussion there was a Recommend Approval. motion by Commissioner Bogucki seconded by Commissioner Gross to recommend approval of Planning Commission Application No. • 72086 submitted by Schramm's Brookdale Toyota, subject to the condition that the operational agreement between the Chrysler Realty Corporation and the City of Brooklyn Center shall become a permanent attachment to the special use permit. The motion passed unanimously. -2- 1-4-73 lication No. 72070 The next item of business was planning Commission Application No. 72070 sub- mitted by Shell Oil Company. The item was introduced by the Secretary who explained the applicant was seeking a special use permit to operate an automobile washer in an existing bay of the Shell Service Station located at the southwest corner of 69th and Humboldt Avenues North. • The Secretary explained that the applicant had yet to complete the site work for the service station, and that the completion date was June 1, 1971. He stated the Building Inspector had made numerous attempts to communicate with the applicant and finally, in late November, the appli- cant expressed regret at the failure to complete the site work and it was reouested that the completion date be postponed until early spring. He noted also that site improvements for the Shell Service Station at 66th and Lyndale Avenues North have yet to be com- pleted, and that the completion date for those improvements was August 5, 1972. He stated those improvements were conditions of a special use permit for a car washer there, approved by the Council on May 8, 1972. He stated the City' s response to the applicant' s reruest was an extension of the completion dates to no later than June 1, 1973. Chairman Jensen recognized Mr. Gerald Johnson, district manager for the applicant and Mr. Mundorff, the district engineer. Mr. Johnson reiterated his regret for the delay in the completion of the site improve- ments and explained it had been due to cer- tain internal management problems. The Commission then reviewed the proposed plan for the car washer operation and an extensive discussion ensued relative to the need for B-612 type curb around the driving and parking areas, including the driveway to the car washer bay. It was also noted that a descriptive list of the indicated landscaping and lighting had not been included on the submitted plans. • Chairman Jensen inquired as to what as- surance the City would have that the pro- posed site improvements would be completed, in light of the past nonperformance of the applicant. The Secretary stated that the applicant had been reminded of the possible ramifications of noncompliance upon the special use permit itself as well as the -3- 1-4-73 operating license for the subject station. Commissioner Gross stated that the sub- mitted plans were not complete with respect to the landscaping, proposed lighting, and the required curbing. Chairman Jensen stated that while he had no particular ob- jection with the proposed use, he was con- cerned that completed plans be submitted for review, and that there be an assurance • of completion of the site improvements. Application No. 72070 Following further discussion there was a Table motion by Commissioner Gross seconded by Commissioner Scott to table Planning Commission Application No. 72070 submitted by Shell Oil Company to permit the applicant the opportunity to prepare and submit complete plans. The motion passed unanimously. Commissioner Gross left the table at 9:15 P.M. Application No. 72087 The next item of business was Planning Commission Application No. 72007 submitted by Brooklyn Center Development Corporation. The item was introduced by the Secretary who explained the applicant was seeking approval of a preliminary plat for the Earle Brown Farm Townhouse project, con- sisting of 28--units plus the common area. He stated the project was located at 69th Avenue North at Shingle Creek Parkway. The Director of Public Works noted the recommendation for a 7 foot strip along County Road 130, to be dedicated to the City in light of pending roadway and side- walk plans. A brief discussion ensued re- garding the taking of land along either side of County Road 130 for the expansion of that roadway, as well as for utility and sidewalk purposes, Chairman Jensen recognized Mr. Harold Feuerhelm a representative of the applicant, who stated the concern that the land required for future roadway ex- pansion or sidewalk installation be taken equally from both sides of the road. A brief discussion ensued between Commissioner Bogucki and the Director of Public Works regarding the placement of sidewalk on the south side of County Road 130 and its proximity to the roadway once the upgrading has taken place. No. 72087 Following further discussion there was a Recommend hNproval motion by Commissioner Scott seconded by Commissioner Foreman to recommend approval Of Planning Commission Application No. 72087 submitted by Brooklyn Center Develop- ment Corporation subject to the following conditions: -4W 1--4-73