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HomeMy WebLinkAbout1976 11-04 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION NOVEMBER 4, 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 Engdahl, Jacobson, Scott, Pierce, Horan, and Kohrt. Also present were Director of Public Works James Merila and Director of Planning and Inspection Blair Tremere. Approve Minutes: Motion by Commissioner Engdahl, seconded by 10-28-76 Commissioner Scott to approve the minutes of the October 28, 1976 meeting as submitted. The motion passed unanimously. Application No. 76053 Following the Chairman's explanation, the first item (City of Brooklyn Center) of business was consideration of Application No. 76053. The item was introduced by the Secretary who stated it had been initiated by the City and compre- hended rezoning, from R-1 to C-1 , of all or part of the property at 5601 - 5637 Brooklyn Boulevard, owned by Hennepin County. He stated that 5601 Brooklyn Boulevard was the site of the County Library and that the County had recently accepted a bid for a new site for a regional library and service center in the Brooklyn Center Industrial Park. He stated a condition of the bid was that the seller, B.C.I.P. , Inc. , would acquire the present library site and adjacent County-owned land. He explained the item had been initially heard at public hearing on October 14, 1976 and had been referred to the Southwest Neighborhood Advisory Group for review and comment. The Secretary stated the Advisory Group had met at the Brooklyn Center Library on November 2 , 1976 and that the meeting had also been attended by a number of neighboring property owners, Chairman Foreman, Commissioners Kohrt and Scott, and himself. He stated the Advisory Group, in con- currence with the neighboring property owners, recommended that the County-owned land south of the south property line of 5637 Brooklyn Boulevard (extended to Northport Drive) be rezoned from R-1 to C-1 , and that the large parcel currently addressed as 5637 Brooklyn Boulevard not be rezoned. He commented that the latter property was the site of the former slaughter house. Commissioner Horan inquired whether the recom- mendation was unanimous among the group members present at the meeting and Chairman Foreman responded in the affirmative. The Secretary stated that the recommendation was unanimous among the five property owners who attended the meeting as well. -1- 11-4-76 The Secretary then reviewed_a conceptual parking layout for the library building, based on the potential use of the building as a medical or dental clinic He stated that it would be necessary to use the two parcels adjacent to the library for providing ordinance-required parking. He stated a less intense office use would probably require less actual installed parking, but that the two adjacent parcels would be needed to assure sufficient land area. An extensive discussion ensued as to the parking layout and possible use of the library facility. Chairman Foreman recognized the residents of 5649 and 5655 Northport Drive who stated they had no additional comment. Chairman Foreman then polled the Commissioners as to their observations and recommendations regarding the application. Commissioner Engdahl stated that he agreed with the Southwest Advisory Group relative to retaining the R-1 zoning of the slaughter house pro- perty and the small strip of land adjacent to Northport Drive which was an extension of the present library site: He stated he concurred with the proposed C-1 zoning of the remaining land in recognition of the existing building and need to assure proper parking. Commissioner'Jacobson concurred stating she felt the proposal was in the best interests of the City. Commissioner Scott stated she agreed, but voiced concern with the ultimate parking plan approval. She stated care should be taken to assure proper buffering and access to the redeveloped site, and she stated that it was appropriate not to include the slaughter house property in the C-1 rezoning at this time due primarily to potential traffic problems in the area if it were rezoned. Commissioners Pierce and Horan concurred with those observations and the recom- mendation of the Southwest Neighborhood Advisory Group. Commissioner Kohrt agreed with the recom- mendation of the Neighborhood Group. Chairman Foreman stated that the zoning action was a post facto action since it was simply recognizing an existing building and the need to provide adequate supportive parking He stated that the County's land had the characteristics of a C-1 zoning ever since the County acquired the property for what was then con- sidered to be an eventual expansion of the facility into a regional library and service center. He stated that it seemed appropriate to include all of the County property in the rezoning action at this time, rather than to defer rezoning of that parcel by the private developer. Chairman Foreman continued that there were several instances throughout the City where service-office uses were clearly compatible with an adjacent R-1 neigh- borhood and cited the instance of the Northwestern'Bell Telephone Company's switching facility at 65th and Dupont Avenues North. He concluded that the ordinance minimum requirements and site and building plan review procedures would be appropriate safeguards for assuring a physical and aesthetic compatibility with the C-1 development of all the County land with nearby and adjacent residential uses. Recommend Approval Following further discussion there was a motion by of Application No. Commissioner Scott, seconded by Commissioner 76053 (City of Horan to recommend approval of Application No. Brooklyn Center) 76053 initiated by the City, consistent with the recommendation of the Southwest Neighborhood Advisory Group that the County-owned property south of the south line of Parcel No. 3675 , also known as 5637 Brooklyn Boulevard, extended to Northport Drive, be rezoned from R-1 to C-1 . Noting in favor were: Commissioners Engdahl, Jacobson, Scott, Pierce, Horan, and Kohrt. Voting against: Chairman Foreman. The motion passed. Application No. 76060 The next item of business was consideration of (Donn Flaa) Application No. 76060 submitted by Mr. Donn Flaa. The item was introduced by the Secretary who stated the applicant seeks a variance from Section 35-400 to permit a house addition at 6248 Brooklyn Drive which would be six feet rather than ten feet from the side lot line. Chairman Foreman stated that he understood the City Council had established a moratorium on all variance requests involving side yard setback. The Secretary stated that originally the Council action had broadly comprehended all side yard setback situations, but that at the last Council meeting action had been taken to clarify that moratorium to include only situations involving a proposed expansion of a house into an attached garage which was less than 10 feet from the side lot line. Commissioner Horan stated his concern that, since the Planning Commission and City Council were to have a joint meeting on November 10 to hopefully resolve the issue of side yard setbacks, it would seem this application perhaps would be unnecessary if the matter of side yard setback requirements for houses was to be resolved through ordinance action. Chairman Foreman stated that the ordinance at this time was not changed and it would be inappropriate to assume that it would be in terms of considering this application. Commissioner Horan stated that the time was so short before that meeting it would seem appropriate to wait until then so that the applicant would not need to proceed with the variance. The Secretary stated that the applicant had indicated a desire to seek a variance and hopefully commence construction of the proposed addition as soon as possible, and therefore did not choose to wait for possible ordinance action. He stated the applicant • contended a unique situation existed on his premises and that a hardship would result if ordinance standards were strictly enforced. The Secretary explained the applicant's house was built in 1960 and that the permit indicates the attached garage and family room to the rear of the garage are six feet from the side lot line. He stated apparently the developer had made an error on the plot plan assuming a wider lot (by five feet) than is actually provided. He stated the original eleven foot -3- 11-4-76 side yard setback dimension on the plot plan was changed to six feet, in order to accommodate the same house and garage on the actual smaller lot and that a permit had been issued for that. He stated the applicant proposes a 10 x 24 foot addition to the rear of. the family room and that the exterior side wall would be in line with the existing wall of the family room and garage. Chairman Foreman noted that a public hearing had been Public Hearing 'scheduled and that none of the notified property owners was present. Motion by Commissioner Jacobson, seconded by Commissioner Engdahl to close the public hearing. The motion passed nanimously. Chairman Foreman then recognized the applicant who stated he considered the proposed addition as normal for the home for which a perrtlt had been issued in 1960. He stated that given the design of the existing structure, a 10 foot setback would detra�et from the structural and aesthetic design of that addit, on. An extensive discussion ensu d and Commissioner Engdahl stated he recognized he apparent error on both the original builder's part an on the City's part for allowing a dwelling to be les than 10 feet from the property line. He stated than while an inadvertent error was not in itself grounds for variance, he considered the applicant's specific requ� t to be a legitimate one. Commissioner Scott inquired s to the similarity between the applicant's circumstanced and the circumstances of an earlier application which as approved and which resulted in certain ordinance l, anguage changes relative to additions behind an attach dl garage. The Secretary reviewed that ordinance language and explained that in this case the applicant alrea had an addition behind the 'attached garage and there' ore the ordinance pro- vision was not applicable to is situation. Commissioner Pierce stated that it appearedi the request was actually a variance to allow expansion o a noncomplying use. i i Chairman Foreman stated his oncern that the November 10 joint meeting was specifically resigned to speak to the issue of side yard setbacks a d minimum setbacks for dwellings. He stated it wouk seem appropriate to defer consideration of this applicattlon until the matter had been fully discussed with the! ty Council at the joint meeting. Following further discussion there was a motion by Recommend Approval Commissioner Engdahl, secoh ed by Commissioner of Application No. Kohrt to recommend approval Application No. 76060 76060 (Donn Flaa) submitted by Donn Flaa, citi4ij the apparent error in the issuance of the original perm which clearly compre- hended the family room side rd setback at less than ten feet and noting the propo d addition was of such design so to retain the establ0hed side yard setback of six feet, consistent with tY a_intent of existing ordinance language relative tc dwelling additions behind attached garages where the s aback distance was less than'the required ten foot min !knum. Voting in favor were: Commissioners Engdahl', Jaco son, Pierce, and Kohrt. Voting against: Chairman For `man and Commissioner Scott. Not voting: Commissiner Horan. The motion passed. 11.4-76 -4- Application No. 76053 The next item of business was consideration of (Wesley Reavely) Application No. 76053 submitted by Mr. Wesley Reavely. The item was introduced by the Secretary who stated the request was for a special use permit to allow rental of trucks and trailers at the service station located at 6900 Humboldt Avenue North. He reviewed the site plan with respect to available parking and other factors relative to the capacity of the site to support the proposed activity. He stated that consistent with prior similar approvals, the • maximum number, length and location of the trucks and trailers should be specified. Public Hearing Chairman Foreman noted that a public hearing had been scheduled and that none of the notified property owners was present. Motion by Commissioner Scott, seconded by Commissioner Engdahl to close the public hearing. The motion passed unanimously. Chairman Foreman then recognized the applicant and an extensive discussion ensued as to the pro- posed operation. Chairman Foreman noted that the original request comprehended two 24 foot long trucks and that previous approvals for truck and trailer rental operations had limited the maximum length to 20 feet. The Secretary explained that that limitation was due to the established length of normal parking stall length and the concern for limiting the size and bulk of vehicles which in effect were in storage and on display. Mr. Reavely com- mented that it would be normal to expect that large trucks would be returned to the station by parties who had rented them elsewhere. He also commented that he would desire to have such vehicles available for potential customers as a matter of providing a broad variety of vehicles for rent. Extensive discussion ensued as to the parking capability of the site, both as required by the ordinance for service stations and as necessary to support the proposed truck and trailer storage. The Secretary explained that, as shown on the original approved plans, there is no curbing around the perimeter of the parking lot but rather a six foot basket weave fence had been provided along the north and east property line. He stated a highway-type guardrail and heavy posts had been provided along the north parking area. During further discussion the Secretary reviewed the reasons why truck and trailer rental operations were special uses in the C-2 district. He stated that while the basic activity was retail in character, there were certain aspects which required special . review and controls, namely the number and type of vehicles and the location of the inventory which amounted to outside display and storage. The Secretary also stated the intent of controlling the length of vehicles was not to prohibit the occasional acquisition of a large truck, for example,, from a party who had rented it elsewhere and was dropping it off, but rather was to regulate the normal constant inventory which was in storage and on display at the site. -5- 11-4-76 Further discussion ensued relative to rejuvenating the landscaping and particularly the boulevard areas and the Secretary stated the earlier approval of the car washing operation for this station required a performance agreement and financial guarantee which had yet to. be submitted. He stated that if the car washing;special use permit were not issued it would be appropriate to review this permit or the special use for the station to assure that those site improvements were completed. Following further discussion there was a motion by Recommend Approval .Commissioner Scott,' seconded;by Commissioner of Application No. Engdahl to recommend approval of Application No. 76057 76057 (Wesley submitted by Wesley Reavely subject to the following Reavely) conditions: 1 . ' The permit is issued to the applicant as operator and is not transferable. 2. All parking stalls indi�ated on the approved plan shall be striped on the lot. - i 3.' Parking of rental units' shall be confined to the east side of the site in the spaces' indicated on the approved plans 4. The number and type of rental units shall be limited to no more tha four trucks and eight trailers. 5 The size of the trailer shall not exceed a length of fourteen feet and the body length of the trucks retained in normal constant inventory shall not exceed twenty feet. The motion passed unanimous In other business, the Secretary reminded the Commission Other Business: of the tour of the City scheduled for Saturday morning, November 6, and the joint meeting with the City Council on Wednesday, November 10. Motion by Commissioner Engd hl, seconded by Adjournment Commissioner Horan to adjouni the meeting. The motion passed unanimously. The Planning Commission meeting adjourned at 10:35 p.m. j II I W Chairman I -h6 -6-