HomeMy WebLinkAbout1974 05-16 PCP 1 „
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1A!T"0K4ATX0N 51RBET
' 4026
Jchn Armstrong
oce)t j.C,-1 533615 Logan Avenue North
Request- Variance
This itera was tabled on May 2, 1974 to permit the applicant an
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0'_'Por tun'ty tO securO a certified survey of boundaries and exist-
ing structures, 'the aPP!icant seeks Permission to knild an
adrUtian t his home vahich has a front yard setback of 24.5 feet,
vs. the ncm requ-ired 35 feet.
A t certified survey has bt�?en submitted and confi=s the data pro-
V.UouslY suPPlied. It also con.-IL"irms that the front yard setback
m,ec-ta the '�O% Ar&a PrOVIO'LOA of Section 35-500 relative to exist,
-ing substandard lots. The Parcel was held in single, ownership of
record On April 4, 1940.
While the main unplatted parcel is 75 feet wide, the applicant has
con6i:W-r] the neighboriag platted 48. 5 ft. parcel to assure more
than ad'6cTuate Yard fOr the Pro_po�sed addition. Thus, the only yard
deficieRCYfis in the front yard setback----which is in line with
neighboring preperties.
The prnpoae6 Addition represents an upgrading of the area by an
ey�j-st •Dg PMPerty aluner: the use of the combined Vacant .substandard
Par*"l and the improvematt Of the existing dwelling which must be
bxvJught iRt* ccl=PliOnCe with applicable codes due to the size of
the expensit.a.
Approval Of & vbrimAce from Section 35-400 to permit construction of
B dwelling addition setback less than the required 35 ft. is recom-•
mended, subject to the fullOwing conditions:
1. Thq proposea additiq4ft shall cOnforra with all yard re-
quirements vith the ex-c*ptj*..% of t1W fret yard setback
Whieh may be less, thamt, 35 ft. , but not less than that
of the axisting dwolling;
2. Thd gNoliaant shall pr6,vide the City with an easement,
&crcsB thm easterly 7 feet of the north 75 feet of his
pro rya for alloy '"Y PurPOSes as &Mraved by the
City Engineer.
ID:4FOMIUMON SHEET
• Application No. 74,025
City of Brooklyn Center
oca i:.-L'o n 67th and EMerson Avenues North
(Lot 1, Block 2 and Lot 6, Block I.,
Hi Crest Square Addition)
Request. Rezoning
The aPPII.cation is for rezoning frord R-5 W R-3 of the two parcels
J
which are 1. 37 acres and 1.67 acres respectively.
A proposed and denied 1973 R-5 apartment project indicated smaller
Parcels such as these ar;? not highly suited to development at
existing DMXImum R-5 detisities; the current moratorium on multi.-
residential construction was initiated on the basis of this
realization,
Neighboring property owners subalitted a petition dated July 7. 1973
requesting rezoning to a district of lesser density which would be
• more cvmPati.Ole with areci development 4 R-5 on the westp C--2 tb
the northwest? R-I on the north and east)
The owner of the parcels, who was the applicant for the denied
request, has propa3ed a development of R-3 type residences,' and
has 6180 requested the rezoning.
The R-3 density is 50 per cent of the R-5 maximum. R-3 (Townhause-
garden dw*11ing uAital are mare compatiblevith neigbbariAg R-1
detached dwt--Ilings. Furthermore, an R-3 development, with required
Open areas and Setbacks, would provide a substantial intermediate
land use between existing R-5 and the single family area.
A Public hearing has been scheduled.
Consistent with C-ommissiork policy. the applicati on sho
Irtitted to- the lqo-Mhumst NelanoorI100d A=Sory Group for review.
Ir" Is fe-collmne—ndea their renort be requested-,6r--i-or to the June 6,
1974, regular meeting.
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PLANN114 COMMISSION INFOMATION SHMT
NO,., 741,023
Applicant: Richard Whiteley for "The Little
Brown Hub"
Loo Gaon: (5921) John Martin Dr. (Part of
Tracts "P" and "N")
R e,Q U e F, Special Use Permit/Site and
Building Plan Approval
The ap„, ileant is sec-kinq special use and 'Plan approval for a
24,OOG sq. ft. roller skating facility in the B.C.I.P. The site
is sxjtNvoisI.-*rIy of Uncle John's Restaurant and westerly of the
Cin(_4.za, :E,11,1IX parking lot, and is zoned C-2.
Pr_,71 la?:y concerns include:
I. Parkiqq - The ordinance does not specifically pomprehend
this use, and leaves it up to tho di ►creti*A of the
Council to determine the number of spaces for the most
shailar use.
We have researched the requirements of other communities
,which have specific crdinance rc-cmirements (but which do
net all., have roller rinks) , and the most aom=n ctiterip
is similar to our "Other cowmerciall, `aonretail) provision
of I space per 200 sq. ft. of gross floor area, plus a
certain inumber of spaces; for employees,
The plans show proviaioA for 135 spaces which includes 22
91mces an 11--he theater site available to this use by easeawitt
bgreement. This total exceeds the Ordinance "Other Camercial"
r&quirement by 15 spaces. The total is c%msistent with
formulae used in other foamunities for roller skating
facilities.
Th*re in riot oiwugh perking to support a future ratail
use nof the proposed otructure which would require approx-
imately 177 spaces. Inquiries to the adjacent property
owners, relative to possible joint parking agreement, have
met with negative regponse,
2. Traffic floe - 'khe plan indicates a adw way ingress from
John Martin Drive and egress utilizing the joint access
drive shared by this site, the theater and Uncle John's.
The design appears sound, given the "drop off-pick up"
nature of roller rink customer traffic.
Applicattot! NO. 'r-1023 Cont'd.,
Page :2
" icant's professional roller
_Po q - The appi-
ILA .7.
rinlk consult;mat h.as submitted a otateraent of policy and
int�--nt, a cop of which is attached. T11-is policy should
dopy
be. com�pz�e*hehdsd by the special use approval.
We ivi.-Lll be rare-cared to cotament further on the proposal.
Epprova 3 would be subject to at least the fol.-lowing conditions:
I. Build ing plan z are subject to review by the Building
official t,-?ith re-�,pect to applicable codes, prior to the
issuance of a perraity
2 Gi�,aditjg, rivainage, 'utility and be-rating plans are subject
to Ore-view by the City Engineer prior to the issuance of
a Per-ralit.
3. A performance agreement and financial guarantee (in an
amount to be dp.termnined by the City Manager" shall be
submitted to assvre conpletion of apprc,vea improvements.
4. Use of adjacent parking facilities, with the exception
of the spaces indicated on approved plans, shall be
subject to the provisions of the Zoning ordinance relative
to Joint parking tacilities.
S. one operation shall be in confomance with the submitted
management policy as Approve6 by the City Council. Sub-
stantial changes in said policy shall be submitted to the
City for review and approval.
6� The Special Use Permit shall be issued to the applicant
as the operator of the facility, and said permit shall be
nzan-transferrable.
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!P,U441L,-!v-6 C-31-U41f3l'31014 INFO,%-)A'1110N SHEET
Application no 74029
Applicant-, NCR%ee Oil CO.
LOCITa 6330 Brooklyn Boulevard
sr-lecial use Permit
This is the second applicat-i6on this year involving this site and
gasoline station. Th-, 'Xirst, Application No. 74005 was for a
sPecial use Permit to reopen the station, with no expansion or
MajOr site arld building Ov8rhaul- The applicant acid the owner
Piave since mutually dissolved their lease, and a new agreement
has braea established uith .McKee oil Co.
This applicant proposes a substantial upgrading of the site and
building and has indicated an intent to provide for eventual
convernio.-A to a "self-sertriceu facility when- regulations permit.
playas c411 for building remodeling; repaving; curb and gutter;
18ndscapihg Jncluding underground irrigation; elimination of
existing signs and Installation of new pump islands.
We have be-en dinc%assing the site Iinyoluit and improvements with the
applicnat and the property owner, in terms of cvnvorn ever up-
grading the area. A6&urance that improvement of this site (and
partially of the adjacent 'Iry cleaning store site) is consistent
with the scheduled wife work by the neighboring American Bakeries
project.
This concern was accentuated by the stated desire of the property
owner, A* also Owns the dry cleaners, to develop a joint access
from Brooklyn Boulevard utilizing the existing curb cut.
fide wi'll be prepared- 41-Dm stiffer further comments and recomendations.
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SKATF `E'NTERP
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City of", Brookly-n Center
Creek I'larkway
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US SKATH CKUTER MASAIRUNT CONSU.
pp, 2, 0, sEHY, FRESIDENT
hemy at age h5 , "aa teen aptirHy Involved with tA
policy SWInc WinUS6 tor the PaNt I* yearm. Four year,;
163V mr, Aamy an�abhlnied SCAO, ThATE CENTER HAUGENEN1
CONSWANTZ ) far ton purpose of providing ma.hagament consultanD
, ,, ,d wana7emert or roller skntinv
buzame involved with roller skatin In i 3 whion Im the central locatAor;
tp, ;vrt ald businnev, hia educational backgrOund , Uhij-
ara,zzatuyal draftOg end 0=09; saligtod him in
jQQQ>, y thR skating centers In beth ►PSIBA
N,h,,,ka ant Nortn platte, Nebraska. Since that U00 ,
%r, Levy to boon Mcctl ; j"volved with tha planning, corstruction ,
or tte sy4ting serters in Topeka, Kanams ; PeWWO' '
ish Vh- VIking and SmAn Ea.s Skating Cant=
Q ,Q,ji, arenc, Kv preaeWY has Ann
Walp& 6S Lot so=ltany. for. The Little Bravy FU'''
sNating Center, Broollon Genttr, Wmeauta,
H`Sr, , 'V- coground Includem a OW"WOr
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43r, 806nom Wroo Vona SoArnay State GaUags at Kearney,
stuly ware i% buslnemm
jr,"Otrjaj grts, Wjvn graduation he bename a WOW
an! via last graduate work WHUM4
jj, j , j,,,tjOn1j psychology at the University
Ftµ QQQ, Hj, ,,y r,O,Uxn wo, has enabled him to
AcieInp A hvcr gan n V crowd 00"tral and cwnduct which 16
ranenwary for the ,, ,QQ1 of u xkating center,
no QS PrOOOPO Mr. Any ham We employees wno OR016-
j ,y Ocyn ,Ayent wnrk, The WIMAL9 t' a 117-,-
cantary VO4 KIM Ir, AMY has been direltly
mavagewevV
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Avo"Y Spain Wve�l
Ancoln , Nebraska
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April
Is an advisory
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One f PI%C-' CC90,�.i8.4iGrA"G fUMIticar,
iG k�(,�Id Public ixo�,,arigagrs. in tW-.,
m6tt,,- rs cencc-rn� in these hearings,,
m recommendations
f�• 1-hCL, city The city Council
mt;ik�,;ti alI fieal dr--ci,;iomg on these
mattit,.,ry ,
74002
for sperr�Ial '"On't Oat,-ApaticA of Lawn
Pc-p,,iir at 540 vldt Ave. N.
'714 0 Co 7
Spae.-3,al vom&- (aacn4pttlWil, of
Pvlvat* out---dr;�*r PCOCI ;-Mt 7012
and Appealq%)
7 14021
VDti�she4-, from CIM-mptec 13 tv permit resubdivision by
m#tg--v z:f-d httvndz el,15cripotion of Lats 10 and 11, Morthview
Lafta) .
74022
bitte 13-ji-Idiiiq Ap
Ayopliaim-�Q l 0iil C*fttar on
;�-,j _g f e� Cr"k
P A, T' Arfcnd'i
9. rinz.-rT Tiefs 74024
5PC--IizII Use ?erretit- for Special Some occupaticyl for
9� aeral rePzie a32d Ileld-ing at 5339 L09aft AVe. N.
(BOVrd Of AdjUgtment and Appeals)
10. John Armstrong 74026
Vari8nCt from Chapter 35-111 (nonconrox-raing uses)
to permit additicn tc, single family dWelling With
substandard frond: yard setback- at 5338 Logan Ave. N.
11. Prapcsed ordi"anca Amendment to Chapter 35 regarding yard
Setback standards.
• � a
xterAS2
Multi-residgntial Htusing Moratorium Study
b. B.C.I.P. Site Ame-iAments and Agreement
a. Tour of Deve ►apment sites
d. Revielvy of Compriheneive PIsn
e. Future meeting Dates
13. Adjanrtdment
•
• PIANNING COMISSION INFORMATION SHEET
74002
Vern Christensen
Locaticn.- 5407 Humboldt Avenue N.
Request,
Special Use Permit
The itera was tabled at the February 7. 1974 meeting in light of
pending amendments to the ordinance definition of "Special Home
Occupation" . The applicant proposcs a lawnnicwer and small engine
repair service which i-,jould involve use of a detached garage.
A publie hearing has been rescheduled.
It should be clearly established that the use shall be incidental
and 92coqQy to the residential character of the premises--in-
cluding the garage. The ordinance intent is not to permit creation
of small scale independent sheps or stores.
• Approval would be subject to the following conditions%
I. The use shall conform. to all applicable ordinance
provisions, and violation thereof shall be grounds
for rewcation of the permit.
2. There shall be no outside storage of materials involved
in the permitted use,
•
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s'i:AAWIMiG CO'�gSSION lNFORdATION SHEET
•
Application No.
74007
Applicant-. Joyce Tolve
Location-. � 7012 Oliver Circle North
Request.- Special Use Permit 129
The a applicant pp proposes a special home occupation consisting of � I
swimming lessons for children in her private pool. The Special ��
Home Occupation definition permits the use of one accessory
structure which includes private pools,,' -
A public hearing has been scheduled.
The ordinance limits the number of students to Pat any given
time. It also provides that not more than two ng spaces
shall be required beyond these required for persons living on
the premises. There is particular concern in this location that
there be no parking related to the use on the street (a cul-de-sac) .
• Approval would include at least the followings $
1. The use shall conform to all applicable ordinance
Provisions, and violation thereof shall be grounds
for revocation of the permit.
2. All o rkin a
e
__ g related to the use shall be off street.
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PLANNING COMISSION' INFOMATION SHEET
Application NO. - 74021
Applicants 41) A 1-o Warren Osborne
4
Locations 4 - Lot 10 and 11 (7017 Willow Lane)
f, North RiverAstates
Requests 'Valiance
The applicant seeks to resubdivide Lot 10 and Lot 11, by metes
and bounds description, to permit attachment of 4 ft. to Lot 11
from Lot 10.
Lot 10 is currently 79.9 ft. at the front lot line and 80.0 ft.
at the rear lire. It is currently vacant.
Let 11 is currently 65.5 ft. at the front lot line and 100.78 ft.
at the rear line. It is 75 ft. wide at the 35 ft. setback (front)
and contains a dwelling.
A public hearing has been scheduled.
The applicant contends a hardship is realized in that formal
replatting would be unduly restrictive. He notes also that the
action would result in the widening of a relatively narrow front
yard, without creating a substandard parcel an Lot 10.
Approval is recommended in that there is precedent for such action
and formal repl.stting would be unduly restrictive.
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Pi-A NNING CMIMISSION INFOR14ATION SHEET
jApplication No. 7`.024
Applrant� Harry Tiefs
Locats.oil' 5339 Logan Avenue North
•
Requests Special Use Permit
The applicant proposes a Special Nome Occupation involving a
general repair service, . to include welding, for household and
yard equipm,,4nty. A statement suhvitted by the applicant suggests
.the manufacture, occasionally, of trailer hitches. .
A public hearing has been scheduled.
The applicant proposes to use his detached garage for the
services. Because of the intended welding activity we have
asked the Building official and Fire Chief to inspect the premises
as to applicable code requirements.
Assurance should be made that the activit y Y is clean incidental
and seconder to the residential character of the premises, in-
eluding the garage. outdoor storage related to the use should
be expressly prohibited.
Approval would be subject to at least the following.-
1. The use shall conform to all applicable ordinance provisions,
and violation thereof shall be grounds for revocation of
the pc mit.
20 The premises shall be stibject to inspection by the appropriate
officials as to compliance with applicable fire, safety, and
building codes, and documentation of said inspections and
approval shall be submitted to the file prior to the issuance
of a permit.
3. Where shall be no utside storage of materials related to
the use.
I
PUi 14i3: 14G Cc:MMISSIOD4 INFORMATION SHEET
• Application NO. 74026
Arpli cant: , John Armstrong
Location: 5338 Logan Avenue North
Recruest„ Variance
The applicant seeks permission to construct a major addition to
his single family home. whi.ch, according to information supplied
by ?him, is a "nonconforming use" due to a 10 £t. front yard
setback deficiency.
Section 35-111 provides, among other things, that nonconforming
(i.e. , "noncomplying") uses shall not be enlarged or occupy a
greater area of land, and shall not be subject to structural
alterations. The applicant contends that he has more than adequate
area for the proposed addition (due to combination of and and
adjacent vacant lot with the occupied parcel) and the setback is
in lin6 with those established with neighboring older homes in
the area
• He contends an undue hardship would be realized since the dwelling
would have to be moved to meet ordinance standards.
The situation is somewhat unique in that the main parcel is the
only unplatted parcel in the neighboring blocks and the adjacent
parcel is a substandard but platted parcel (since combined by the
applicant) .
Analysis of the proposal and the property indicates the need for
a certified survey of the applicant's property--including existing
structure— s primary dwelling and two accessory buildings)
Examination of the applicant"s graphic data and ccaparison with
existing area plats and half section maps, indicates discrepencies
in the dimensions of the property.
The applicant has yet to provide such a surveys however, a public
hearing was scheduled before our analysis was ccepleted.
The recommendation is to table disposition of the application to
permit the applicant the opportunity to secure and submit a3 certified
survey indicating existing structures and setbacks.
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co.vialss'4160X INFORMATION sk-TZET
Encictod is a se-ord draft of a possible approach to
remedy-ing the setback, issue through ordinance amend-
ment'-. We bie prepared to discuss it in detail so
a possible reconmendation may be reached prior to the
May 6 Council meeting.
12a. Wo be prepared to discuss the status of our re-
search in this matter.
12c. The date for the tour is tentatively set for Saturday,
May 11 at approximately 900 a.m. We will be prepared
to discuss the itinerary and other details.
2-2e� The fall wing meeting dates are suggested through July.
All dates are Thursdays, and the extra May meeting com
per.sates for I'uly 9the first Thursday then being the
• Fouwth) .
May 9
May 16
June 6
June 20
July 11
PLANNING COMMISSION INFORMATION SHEET �r
7 �p
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Application No. 74022
Applicant: B.C.1.P. Les Byron Assoc.
Location: Freeway Boulevard, Southwesterly
of Shingle Creek
Request: Special Use Permit and Site and
Bu ding Plan Approval
The applicant proposes the construction of a 50,000 sq. ft. major
applicance retail sales-warehouse facility on a parcel north of
F.A. 1. 94 and Freeway Boulevard and southwesterly of Shingle
Creek. It represents the first request for a special use permit
to alloys commercial-retail establishm&nts in the I-1 district.
We have had extensive discussions with the applicant relative to
site dimensions and improvements. Particular concern has been
directed to the complementary character of the development with
respect to adjacent land uses, namely the Shingle Creek greenstrip.
. We will be prepared to present a detailed analysis and recommenda-
tion. A written addendum to this sheet will be available prior to
the meeting.
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Tot Planning Commissioners
FROM: Blair Tremere, Secretary
SUBJECTS Ordinance changes attached with the agenda that
should be inserted in your ordinance books.
Chapter 34-110
Section 35--900