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HomeMy WebLinkAbout1973 10-04 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 CITY HALL OCTOBER 4, 1973 Call to Order: The Planning Commission met in regular session and was called to order at 8:00 P.M. by Chairman Robert Jensen. Roll Call: Chairman Jensen, Commissioners Bogucki, Grosshans, Foreman, Scott, Gross and Engdahl. Also present were Director of Planning and Inspection Blair Tremere and Director of Public Works James Merila. Approve Minutes Motion by Commissioner Foreman seconded by 9-27-73 Commissioner Scott to approve the minutes of the September 27, 1973 meeting as sub- mitted. Voting in favor: Chairman Jensen, Commissioners Grosshans, Foreman, Scott, and Engdahl. Not voting: Commissioners Gross and Bogucki. The motion passed. Application No. 73032 The first item of business was considera- and No. 73033 tion of Planning Commission Application (Fred S. Yesnes, Inc.) Nos. 73032 and 73033 submitted by Fred S. Yesnes, Inc. The items were introduced by the Secretary who explained the applicant was seeking variances from Section 35-400 to permit construction on two adjacent substandard lots located at 5305 and 5311 Irving Avenue North. He explained both lots have an area of 50 feet by 119 feet, or 5,950 square feet. He stated the ordinance requires a minimum width of 75 feet and a minimum area of 9500 square feet for single family residen- tial lots. He stated the applicant was proposing to build a single family dwell- ing on each lot, and that there was a 30 ft. wide alley at the rear (west) of the parcels. He further noted that there was a dilapi- dated structure on one parcel, which the Building Inspector had ordered to be abated. He stated this structure should be demolished or removed prior to any construction. Chairman Jensen recognized Mr. Irwin Yesnes, and a brief discussion ensued. The Secretary noted that there was sub- stantial precedent for this type of variance request in the southeast portion of the community and that a variance had been granted for a similar parcel norther- ly of the subject land earlier in the year. -1- 10/4/73 Chairman Jensen then noted that none of the notified property owners was present. Action Recommending Motion by Commissioner Grosshans seconded Approval of Application by Commissioner Gross to recommend ap- No. 73032. proval of Planning Commission Application (Fred S. Yesnes, Inc.) No. 73032 submitted by Fred S . Yesnes, Inc. , noting that approval of the variance request would only be for permission to build on the substandard lot; and would • not imply any other variances from applic- able ordinance provisions. The motion passed unanimously. Action Recommending Motion by Commissioner Foreman seconded by Approval of Application Commissioner Engdahl to recommend approval No. 73033. of Planning Commission Application No. (Fred S . Yesnes, Inc.) 73033 submitted by Fred, S. Yesnes, Inc. , noting that approval of the application would only be for permission to build on the substandard lot, and would not imply any other variances from applicable ordinance provisions. The motion passed unanimously. Application No. 73034 The next item of business was considera- (Sue Dunkley) tion of Planning Commission Application No. 73034 submitted by Sue Dunkley. The item was introduced by the Secretary who stated the applicant was seeking permis- sion to operate a nursery school on the premises of the Faith Community Church, located at 6630 Colfax Avenue North. He stated the applicant had indicated that the school would be for a maximum of 10 children for 2h hours per day, two days per week. He also noted that the appli- cant was licensed by the state for such an operation and had submitted a copy of said license to the file. Chairman Jensen then recognized the applicant and a brief discussion ensued. The Secretary commented that the premises had been inspected by the Building and Fire Inspectors, who noted a few deficien- cies relative to fire extinguishers and exit lights. The applicant stated that the church was in the process of rectify- ing these matters and the operation would not commence until the deficiencies were resolved. Chairman Jensen noted that none of the notified property owners was present. Action Recommending Following further discussion, there was a Approval of Application motion by Commissioner Foreman seconded by No. 73034 Commissioner Gross to recommend approval (Sue Dunkley) of Application No. 73034 submitted by Sue Dunkley subject to the following condi- tions: 1. The premises will be brought into compliance with all applicable state and local regulations as to fire -2- 10/4/73 safety, health and building code standards, and such compliance 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 opera- . tion shall be in accordance with the provisions of the applicant's operating license. The motion passed unanimously. Draft Resolution The next item of business was considera- Recommending Denial of tion of a draft resolution recommending Application No. 73029 denial of Planning Commission Application (Homedale Builders) No. 73029 submitted by Homedale guilders. The Secretary reviewed the draft resolu- tion and an extensive discussion ensued as to the language and deliberation of the matter at previous meetings. Member Cecila Scott introduced the following resolution and moved its adoption. PLANNING COMMISSION RESOLUTION NO, 73-4 RESOLUTION RECOMMENDING DENIAL OF PLANNING COMMISSION APPLICATION NO. 73029 SUBMITTED BY HOMEDALE BUILDERS WHEREAS, Application No. 73029 was submitted on August 13, 1973 by Mr. Norman Chazin as a petition for rezoning from R-5 to C-2 of the four acre parcel of land located in the southwest quadrant of the intersection of Trunk Highway 152 and F.A.I. 94; and, WHEREAS, said petition was presented before the Planning commission at a duly called Public Hearing on September 6, 1973; and, WHEREAS, the application was tabled for further consideration; and, WHEREAS, the application was further considered by the Planning Commission on September 27, 1973, at which time the report of the Advisory Group was submitted to the file; and, WHEREAS, testimony from the applicant and from neighboring residents and property owners was taken by the Commission at both meetings; NOW, THEREFORE, BE IT RESOLVED that the Brooklyn Center Planning Commission recommends to the City Council denial of Application No. 73029 submitted by Mr. Norman Chazin, noting the foZl�wing; 1. Undesirable acccaa provisions to the site; 2. Undesirability of potential high intensity commercial use; 3. "Spot zoning" nature of the proposal is inconsistent with the Comprehensive Plan guideline for "Planned Development" of the area; -3- 10/4/73 4. General incompatibility of C-2 uses with the surrounding R-1 neighborhood; 5. The West Central Neighborhood Advisory Group's recommenda- tion for denial; and 6. The Commission's determination that neither the need for or the desirability of the proposed rezoning was sufficient- ly established. • The motion for the adoption of the foregoing resolution was duly seconded by member Robert Foreman. Voting in favor were: Robert Jensen, Robert Foreman, Cecila Scott, Gilbert Engdahl, Henry Bogucki, Robert Grosshans, and Carl Gross. Voting against: none. The motion passed unanimously. Commissioner Gross left the table at 9:19 P.M. Recess The meeting recessed from 9:20 P.M. to 9:45 P.M. Amendment to The next item of business was considera- Application No. 72050 tion of a proposed amendment to the site (B.C.I.P.) and building plans approved under Applica- tion No. 72050 submitted by B.C.I.P. The item was introduced by the Secretary who stated the applicant was proposing a re- alignment of buildings and the addition of new building plans in an apparent attempt to enhance the marketability of the Earle Brown Farm Townhouse project located at 69th Avenue North and Shingle Creek Parkway. The Secretary stated the staff had been reviewing revised plans with the developer and that primary concerns included proper setbacks, landscaping, fencing and screen- ing, and provision for open areas. He then briefly reviewed the proposed site plan, noting the change in building loca- tions and stated the applicant was in the process of making further revisions as to building setbacks. He recommended that the item be tabled until the study meeting for formal review. Chairman Jensen noted that the City Council had originally been concerned that the neighboring property owners be made aware of the development plans prior to construction, and that the developer • had agreed at that time to present the plans to the neighborhood. He stated that neighboring property owners should be sent an informational notice of the meeting when the revised plans were considered. Action to Table Following a brief discussion, there was a Application No. 72050 motion by Commissioner Foreman seconded by Commissioner Scott to table Planning Commission Application No. 72050 sub- mitted by B.C.I.P. , to permit the appli- cant the opportunity to complete necessary -4- 10/4/73 revisions, and further, to direct the staff to notify neighboring property owners of the meeting when the revised plans are to be considered. The motion passed unanimously. Other Business: In other business, Chairman Jensen de- Meeting Schedule termined it was the consensus of the Commission to cancel the scheduled meet- ing for October 18th and to schedule a • study session for October 25th. The Secretary noted the scheduled joint meeting with the City Council for 7:30 P.M. on October 11th. Direct Resolution Commissioner Bogucki commented as to the Commending N.S .P. current street improvement project on for Burial of Power Humboldt Avenue, between 65th and 69th lines along Humboldt Avenues North. He noted particularly Avenue. that Northern States Power Company had removed above ground power lines and was installing them underground in conjunc- tion with the public utility project. Following a brief discussion, there was a motion by Commissioner Bogucki seconded by Commissioner Foreman to direct the preparation of a resolution commending Northern States Power Company for the removal of above ground power lines and the burial of said lines along Humboldt Avenue North, between 65th and 69th Avenues North. Adjournment Motion by Commissioner Foreman seconded by Commissioner Scott to adjourn the meeting. The motion passed unanimously. The Planning Commission meeting adjourned at 10:45 P.M. Chairman s` -5- 10/4/73