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HomeMy WebLinkAbout1976 12-02 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY Of HEN14EPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 2, 1976 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 Foreman. Roll Call : Chairman Foreman, Commissioners Scott, Pierce, Horan, and Kohrt. Also present were Director of Public Works James Nerila and Director of Planning and Inspection Blair Tremere. Approve 1--1inutes: Motion by Commissioner Scott, seconded by Commissioner 11-4--76 Horan to approve the November 4, 1976 minutes as submitted. The motion passed unanimously. Chairman Foreman stated the approval of the November 10 minutes would be deferred until the next meeting since there was not sufficient quorum of those present at that meeting. Application No. 76061 The first item of business was consideration of Appli- (Parnell Olson) cation No. 76061 submitted by .1r. Parnell Olson, 810 61st Avenue North. The item was introduced by the Secretary who stated the applicant was seeking a variance from Chapter 15 of the City Ordinances to permit a division by metes and bounds description, and also a variance to permit creation of a lot in the R-1 district at less than the ordinance minimum width and area standards. The Secretary explained that the applicant owned a parcel of land- at the northwest corner of 61st and Aldrich; Avenues North which on-• ginally consisted of two platted lots. He stated the applicant's house was located on what had been the corner lot prior to the combination of the two lots into a single parcel in 1974. The Secretary stated that both lots had been 78 feet wide, but that the proposed interior lot would only be 67 feet wide. He said this was due to an addition to the applicant's house constructed in 1963 which encroached onto the other parcel by six feet. He stated that by allowing for a five foot interior side yard setback (as recently endorsed by the City Council), the new lot would be eleven feet narrower than ori- ginally platted, and eight feet narrower than the 75 ft. ordinance minimum. In response to several inquiries, the Secretary stated that it perhaps was possible to design a new lot line which would result in an interior lot which conformed with the ordinance minimum standards but would not be rectangular as the original lot. He stated this could be pursued by the staff, and, if it appeared such a conforming lot could be created, it would require formal platting rather than metes and bounds description. Chairman Foreman recognized the applicant who stated that he had paid for public utility assessments for two lots, even though he originally had not desired to have utilities assessed against the interior parcel . He stated he had been informed at the tire the utilities were put in, (with reference to the house addition which encroached onto the neighboring lot) that the balance of the property could be per- mitted as a buildable lot in the future. -1- 12-2-76 Chairman Foreman asked the applicant what his intent was for the property, and Mr. Olson stated that he proposed to sell it to a builder who wanted to con- struct a single family dwelling. Chairman Foreman noted that a public hearing had Public Hearing bben scheduled and that none of the notified property owners was present. Motion by Commissioner Scott, seconded by Commissioner Kohrt to close the public hearing. The motion passed unanimously. Further discussion ensued regarding the desirability of determining whether a buildable lot could be realized without variance action. Motion by Commissioner Scott, seconded by Commissioner Action to Table Horan to table Application yo. 76061 submitted by Application No. 76061 Mr. Parnell Olson until. the December lb study meeting (Parnell Olson) ` to allow the staff the opportunity to work with the applicant in determining whether a buildable lot within the ordinance standards could be created through platting rather than through variance action. The motion passed unanimously. The next item of business was consideration of Application No. 76058 Application No. 76053 submitted by Brooklyn Center and Industrial Park, Inc. The item was introduced by Application No. 76059 the Secretary who stated the applicant seeks rezoning, (B. C. I . P., Inc.) from R-7 to C-lA, for approximately ten acres in the southwest portion of the commercial-industrial park on the west side of Shingle Creek Parkway in the 5900 block. He stated the land is a prospective site of a new County regional library and service center. The Secretary also reviewed Application No. 76059 consisting of a proposed Registered Land Survey com- prehending the same area, which would -create-the ten acre parcel so that it could be conveyed to the County. He recommended that a cross easement be provided between the proposed tracts to provide for joint ingress and egress onto Shingle Creek Parkway approximately parallel to John Martin Drive. Chairman Foreman then recognized Mr. Harold Feuerhelm who represented the applicant and who stated the applications were steps in the established process of completing the transactions with the County and delivering the required piece of land properly zoned. Chairman Foreman noted that a public hearing had been Public Hearing scheduled, and he recognized the residents of 5836, 5843, 5900, 5913, and 5924 Upton Avenue North. The resident of 5900 Upton Avenue North stated that he had not received written notice of the hearing, but rather had learned of it from his immediate neighbors who had received such notices and from the Brooklyn Center Post. Chairman Foreman confirmed that the applicant's name was on the list of notified property owners, and the Secretary stated that those persons on the list had been mailed a notice ten days prior to the, hearing. The Secretary commented that this situation had arisen with other recent hearings and that special steps had been taken by the staff to double check and make sure notices were 'mailed He stated apparently there was some problem with the postal delivery service or perhaps some unauthorized party had interceded with the resident's mail . 12-2-76 2- Discussion ensued between the Commission and the neighboring property owners and their concerns relative to the type of construction proposed; the effect of the project upon property taxes; the effect of the physical development upon their property .values; and the traffic projections on Shingle Creek Parkway. Several residents inquired whether other types of development could occur on the property should the County elect not to construct a library, even though the property was zoned C-lA. The Secretary responded in the affirmative, and Chairman Foreman stated that the present R-7 zoning permitted high- rise residential buildings similar to the one south of City Hall . He stated that the C-lA zoning could permit a high-rise office building or the proposed library. One resident inquired whether there was any proposed access to this site from the west across Shingle Creek, and the Director of Public Works stated there were no such plans. He stated that it was unlikely such access would be necessary or even feasible in this particular area. Close Hearing Motion by Commissioner Scott, seconded by Co-mmis- sioner Kohrt to close the public hearing. The motion passed unanimously. Further discussion ensued and Commissioner Horan .inquired as to the type of development which could occur on this site under the present zoning, and the Secretary stated that the ten acre parcel could support an approximate 290 unit high-rise resi- dential complex. Chairman Foreman noted that one of the concerns of the neighboring property owners was whether an environmental assessment would be required for development in this area, and it was the consensus of the Commission that it would be appropriate to have an environmental assessment prepared prior to development in consideration of the proximity to the open space and Shingle Creek. Further discussion ensued as to possible access designs and magnitude of the proposed County library/service center. Recommend Approval of Motion by Commissioner Scott, seconded by Commis- Application ado. 76058 sioner Kohrt to recommend approval of Planning (B. C. I . P. , Inc. ) Commission Application No. 76058 submitted by B. C. I . P. , Inc. subject to the condition that the property be resubdivided prior to development. The motion passed unanimously. Recommend Approval of Motion by Commissioner Scott, seconded by Commis- Application No. 76059 sioner Horan to recommend approval of Application (B. C. I . P. , Inc.) No. 76059 submitted by B. C. I . P. , Inc. subject to the following conditions: 1 . Final R. L. S. is subject to review by the City Engineer. 2. The final R. L. S. is subject to the requirements of Chapter 15 of the City Ordinances. 3. A cross easement between the proposed tracts for purposes of joint ingress and egresskas approved by the City Engineer shall be provided upon filing the R. L. S. -3- 12-2-76 . c The motion passed unanimously. The meeting recessed at 9:45 p.m. and resumed at Recess 10:00 P.M. The next item of business was consideration of Application Mo:. 76063 Application No. 76063 submitted by Watkins Lumber (Watkins Lumber Co.) Company. The item was introduced by the Secretary who stated the request was for a preliminary Regis- tered Land Survey approval, comprehending a division of the commercial tract lying in the northwest quadrant of the intersection of 66th Avenue North and T. H. 169. He stated the proposed division would create two tracts, one of which would be a 100 foot by 200 foot parcel intended as the site for a small clinic. He stated that parcel would be facing 66th Avenue Forth and adjacent to the west of the service station on the corner. Chairman Foreman recognized i1r. Joe Zwak, who represented the applicant, and a brief discussion ensued as to the maximum development of this com- mercial property. The Director of Public Works stated that a copy of the proposed R. L. S. had been forwarded to the State Highway Department who had yet to respond. He stated, however, that recent planning by the State Highway Department in conjunction with the planned alterations and upgrading of I-94 compre- hended the probable higher intensity traffic on.. T. H. 169. He stated a possible effect on this particular parcel , which would be evaluated in greater detail as the area developed, was the ex- tension of 5th Street North southward from 67th to 66th. He stated this might be desirable if the intensity of the traffic on T. H. 169 were such to virtually prohibit good access to the parcel . The Secretary noted that there is an existing 60 foot wide utility easement across the property in line with 5th Street North. Commissioner Scott recalled that over the years the State Highway Department had been very unclear as to future plans for widening or upgrading T. H. 169, and she inquired whether such plans would have any bearing on the immediate proposal . The Director of Public Works stated that in his opinion it would not since the proposed development would be on the new lot which faced 66th Avenue North, and further- more if it became necessary-to extend 5th Street North through the area the new parcel would be adjacent to it. Following further discussion there was a motion by Recommend Approval of Commissioner Pierce, seconded by Commissioner Kohrt Application No. 76063 to recommend approval of Application No. 76063 Natkins Lumber to.) submitted by Watkins Lumber Company subject to the following: 1 . The final R. L. S. is subject to review by the City Engineer. 2. The final R. L. S. is subject to the requirements of Chapter 15 of the City Ordinances. The motion passed unanimously. 12-2-76 -4- lther Business: In other business the Secretary stated that Acknowledge Withdrawal Application No. 16064 submitted by Mr. Daniel L. of Applications Bishman, 4100 69th Avenue North, was withdrawn at the request of the applicant who is moving from the City. Motion by Commissioner Horan, seconded by Commi- ssioner Scott to acknowledge the withdrawal of Application No. 76064 at the applicant's request. The motion passed unanimously. The Secretary stated that Application No. 76065 submitted by ter. Terrence Gageby for proposed special use in the Humboldt Square Shopping Center, 6800 Humboldt Avenue North, had been withdrawn from the agenda at the applicant's request. Motion by Commissioner Kohrt, seconded by Commissioner Horan to acknowledge the withdrawal of Application No. 76065 submitted by Terrence Gageby at his request. The motion passed unanimously. Review of Proposal by The Secretary and Director of Public 'Works briefly Federal Lumber Company reviewed the substance of Application No. 76062 and 76066 which had been submitted by Federal Lumber Company for a proposed addition to the President Homes portion of that enterprise. The Secretary presented slides of the area and stated the concerns as to the present parking situation in the vicinity. He stated that one of the applications comprehended a special use permit to allow accessory off-site parking which would be on the Cook Paint Company property adjacent to the site. Commissioner Scott stated that she had observed the present parking situation and that it was highly congestive and in violation of the ordinance requirements for parking on-site and on paved areas. The Secretary suggested that prior to the next meeting when the applications would be considered that the Commis sioners take the opportunity to observe the situation and the proposed development. Adjournment: Motion by Commissioner Scott, seconded by Commis- sioner Pierce to adjourn the meeting. The motion passed unanimously. The Planning Commission meeting adjourned at 10:55 p.m. I I i I Chairman I i -5- 12-2-76 I s �r