Loading...
HomeMy WebLinkAbout1970 06-04 PCM Minutes of the Proceedings of the Planning Commission of the City of Brooklyn Center in the County of Hennepin- and State of Minnesota June 4, 1970 The Planning Commission met in regular session and was called to order by Chairman Robert Jensen at 7:37 P,M. Roll Call: Chairman Robert Jensen, Commissioners Karl Schuller, Henry Bogucki, Robert Grosshans, Paul Ditter. Also present were: James Merila, D. G. Poss, Jean Murphey and B. E. Peterson. Motion was made by Commissioner Ditter and seconded by Commissioner Schuller to approve the minutes of the May 21st special session meeting as submitted. The motion carried unanimously. (Commissioner Adrian.Dorenfeld arrived at 7:45 P.M.) Following the Chairman 's introductory comments, the first item of business was Application No. 70029 submitted by Arthur Kvamme for Madsen Floral Company requesting rezoning from R1 to R4 that property commonly described as being located at 715 - 56th Avenue North. The application was introduced by the Secretary who explained that because of the adoption of the Comprehensive Plan, the existing greenhouse has become a non-conforming use in an R1 district. The Secretary also pointed out that any change of land use might be considered spot zoning and therefore inconsistent with the Compre- hensive Plan. Chairman Jensen then recognized the applicant, Mr. Arthur Kvamme, who, as a representative of Madsen Floral Company, argued on behalf of the rezoning from R1 to R4 for the said property. After discussion with the applicant, Chairman Jensen called on the City Engineer to comment on the feasibility of extending Aldrich Avenue from 55th Avenue through to 56th Avenue, The City Engineer pointed out that if Aldrich Avenue were proposed for extension it would have to be offset to the East of the extended center line and two garages would have to be removed. He then suggested that a planned development concept, including the vacant property to the west of the Madsen property, would be a better form of development for the area. Chairman Jensen then opened the floor to comments from affected property owners, most of whom were opposed to the application, citing the following reasons: 1) The area is strictly residential in character; and 2) The proposed rezoning for apartments would generate traffic and noise and tend to reduce residential property values in the neighborhood. Following comments from the floor, Commissioner Dorenfeld made the comment that he wanted to call the attention of members of the audience to the economic and population pressures that tend to promote multiple dwellings. Motion by Commissioner Bogucki, seconded by Commissioner Dorenfeld, to close the public hearing. The motion carried unanimously. 1 1 1 -2- Chairman Jensen prefaced Commission discussion by stating that the existing greenhouse is a non-conforming use in an R1 district and that this application does not include other lands to the west that are vacant and land-locked. Commissioner Ditter asked the City Engineer if it would be feasible to construct residential homes on a cul-de-sac street. The City Engineer said that if the entire street were placed on the applicant's land and a cul-de- sac placed at the end, there would probably be insufficient area for an economical lot layout, however, this proposal would need further study. He further added that consideration should be made for including the vacant property to the west in the development of this area. Commissioner Dorenfeld questioned if the number of apartment units proposed was enough to afford the proper maintenance and upkeep. Motion by Commissioner Bogucki and seconded by Commissioner Dorenfeld to recommend to the City Council that Application No. 70029 requesting rezoning from R1 to R4, that property commonly described as being located at 715 - 56th Avenue North, be denied because said application is not consistent with Comprehensive Plan goals and that such a change of the land use would be considered spot zoning. The motion carried unanimously. The next item considered was a series of application submitted by Ron Fleissner on behalf of Gold Medallion Nursing Homes, said applications were for subdivision, rezoning, special use permit and site and building plans for construction of a 200 bed, two story nursing home. The property is commonly described as being generally east of the W Tench Townhouse project, north of 66th Avenue North and west of 5th Street extended. At this time Chairman Jensen commented that the Planning Commission is in the preliminary research stage of developing operational and performance standards for nursing homes. He further stated that because of the demand to build nursing homes in Brooklyn Center, there is a need to develop such standards. He suggested that the Planning Commission review all of the petitioner's applications, but table them and take them under advisement. Following the Chairman's comments, the applicant was requested to present their plan. Those present were: Mr. Winslow R. Chamber- lain, President of the Winslow R. Chamberlain Equity Corporation and Vice Presidents Mr. Donald Olson and Mr. Fred O. Donaldson; Mr. Goldberg and Mr. Joseph Gittis, corporate officials of the Gold Medallion Nursing Homes; and Mr. Donald Nordblom, architect with the Johnson-Nordblom Architect firm. Mr. Nordblom presented the preliminary site and building plans of the proposed 200 bed, two story nursing home. Mr. Nordblom explained that two-thirds of all the rooms would be three bed rooms and one-third of the rooms would be two bed rooms and that there would be one four bed room and six one bed rooms. There followed a discussion among Commissioners with the applicant concerning fire-proofing, safety, patient selection criteria, patient density per room, recreational activity, interior color schemes, privacy for patients, and potential traffic problems. Chairman Jensen asked the applicant when they wished to start construction. The applicant responded that they had hoped to start construction in either August or September. Chair- man Jensen then called on the affected property owners present (Joseph Szyplinski of 520 - 67th Avenue and Mr; Hans Wilken of 419 - 67th Avenue North) who commented that they were in favor of the proposed nursing home. 1 1 1 -3- Motion by Commissioner Grosshans, seconded by Commissioner Schuller to close the public hearing. The motion carried unanimously. Motion by Commissioner Schuller, seconded by Commissioner Bogucki, to table Planning Commission Applications Nos. 70030, 70031, 70018 and 70032 submitted by Ron Fleissner requesting subdivision, rezoning, special use permit and site and building plans, respectively, in order to allow the Planning Commission time to develop standards for nursing homes with the assistance of professional consultant's advice. During the discussion of the motion, a motion was made by Commissioner Grosshans, seconded by Commissioner Ditter to amend the motion by eliminating reference to consultant's advice. The vote on the motion to amend carried unanimously. Then Chairman Jensen requested a vote on the main motion as amended. All members voting in favor, the motion carried unanimously. The Planning Commission recessed at 9:41 P.M. and reconvened at 9:45 P.M. The next item of business to be considered was Planning Commission Application No. 70025 submitted by David Fore requesting a variance on side yard setback in order to permit a detached garage to be set back 18 feet from the side lot line instead of 25 feet as required for corner lots. The property is located at 5602 James Avenue North. Following its introduction by the Secretary, and a discussion with the applicant, David Fore, Chairman Jensen read a petition signed by affected property owners requesting that the Planning Commission permit the variance. During the discussion of the application with the applicant, Chairman Jensen asked the petitioner if the fence that he has on the south and west side of his property s located on the boulevard, and if so, would the petitioner remove the fence as it was illegal to have a fence on the boulevard. The applicant stated that he would move the fence if he had to, but commented that the fence was there when he bought the property. During further discussion of the application, an affected property owner, Mr. Joseph Tillman who owns the property at 1604 - 56th Avenue, said that he was in favor of locating the garage where the applicant wants it and moreover that he was not objecting to the present location of the fence. Chairman Jensen requested that Mr. Joseph Tillman write a letter to the effect that he is not opposed to this application. Mr. Tillman agreed to do so. Motion by Commissioner Ditter, seconded by Commissioner Bogucki, to recommend to the City Council approval of Application No. 70025 submitted by Davir Fore requesting a variance from Section 35-400 (Table of District Requirements) to permit a detached garage to be set back 18 feet from the side lot line instead of 25 feet as required for corner lots. The motion carried unanimously. The next item for consideration was Planning Commission Appli- cation No. 70026 submitted by Marvin Elsen requesting a variance on: 1) lot width from 75 feet to 40 feet; 2) lot area from 9500 square feet to 5120 square feet; 3) sideyard setback from 10 feet to 7 feet in order to permit construction of a 26 foot by 40 foot single family dwelling on a substandard lot; said property located at 5431 Emerson Avenue North. Following an introduction of the application by the Secretary, who explained the history of this application, and of requests similar to this application, specifically of a variance that was granted to a Jerome Bistedeau of 5427 Emerson Avenue for construction ..+ if:i y �. -4- of a house on a substandard lot in November of 1959. The Secretary also referred to Council action taken on Application No. 67068 February 5, 1968, regarding Mr. William Gallien. Motion by Commissioner Grosshans and seconded by Commissioner Schuller to recommend to the City Council that Application No. 70026 be approved requesting a variance because said property is in an older platting, is a substandard lot, and is in the area south of 55th Avenue and east of Humboldt Avenue and is considered by the City as a substandard area as far as single family lot sizes are concerned. Voting in favor were: Grosshans, Schuller, Ditter, Dorenfeld, and Jensen. Voting against: Commissioner Bogucki. (Commissioner Bogucki objected because the applicant has not submitted site and building plans showing where he would place his home and delineating setbacks.) Motion carried. The next application to be considered was No. 70033 submitted by L. A. Jacobson requesting a variance on sideyard setback from 10 feet to 6 feet in order to allow the owner to extend his family room; said property located at 3200 Lawrence Road. Following its introduction by the Secretary and a discussion with the applicant, a motion was made by Commissioner Bogucki and seconded by Commissioner Ditter to recommend to the City Council that Application No. 70033 requesting a variance on side- yard setback from 10 feet to 6 feet be approved because granting of a variance would not be detrimental to the public welfare or injurious to other land. The motion carried unanimously. The next applications to be considered were Nos. 70027 and 70028 submitted by Nordquist Sign Company requesting sign variances. However, since the applicants were not present,these applications were deferred for action later in the evening. The next item for consideration was Planning Commission Appli-. cation No. 70015 submitted by R. L. Ernst requesting rezoning from R5 to C2 the north 163 feet of Lot 2, Block 1, Hellstad Addition, together with the north 163 feet of Irving Avenue North. The property is commonly described as being located in the southwest corner of 69th and Humboldt Avenues North, west of the Shell Oil Station. The application was introduced by the Secretary, who explained that approving the applicant's request would be retroactively granting a variance in land area to the property to the south on which is located three apartment buildings (34 units - approved by the City Council on September 7, 1965, in Planning Commission Application No. 65064) . The applicant produced a letter authorizing him as an agent for Kraus-Anderson together with a letter of intent from the apartment owners to acquire additional property on the south border. Chairman Jensen recognized that at this time it was a procedural question regarding whether or not the Planning Commission was the proper body to consider the applicant's request to rezone a City street which had not been vacated, Irving Avenue south of 69th Avenue North. The City Manager responded that the applicant can not ask for rezoning on street property that has not been vacated; however he requested that the Commission look at said application on its merits. 1 l Mr. Ernst commented that the proposed rezoning was for a neighborhood convenience store similar to a P.D.Q., Tom Thumb and others. Following a discussion, a motion was made by Commission Schuller and seconded by Commissioner Bogucki, to close the public hearing on Application No. 70015. The motion carried unanimously. During Commission discussion on this application, Commissioner Bogucki said that in the formulation of the Comprehensive Plan and in adopting the new zoning ordinance, it was the intent of the Planning Commission and City Council to prohibit the creeping of commercial development westward from Humboldt Avenue. He stated that the subject property was specifically zoned R-5 and used for density purposes by the existing 34 unit apartments and that the City Council specifically zoned a similar parcel directly to the north across 69th Avenue as R-4 to limit any commercial intrusion to the west. Rezoning of the subject parcel would be precedent to rezone the parcel to the north and to the west, contrary to intentions of the Comprehensive Plan. He suggested that the Compre- hensive Plan and Zoning Ordinance provisions for a commercial nodule at the southeast corner of 69th and Humboldt Avenues were proper and adequate. Following this comment, a motion was made by Commissioner Ditter, seconded by Commissioner Bogucki, to recommend to the City Council that Application No. 70015 requesting rezoning from R5 to C2, be denied because it is inconsistent with the goals of the Comprehensive Plan for that area. Voting in favor were: Chairman Jensen, Commissioners Bogucki, Schuller and Dorenfeld. Voting against: none. Not voting: Commissioner Grosshans. (Commissioner Grosshans did not vote because he felt this application was not properly before the Commission in the first place.) The motion carried. The next application to be considered was No. 70023 submitted by Super Valu requesting a curb cut 178 feet south of Northway Drive off Xerxes Avenue North on property commonly described as being located at 5801 Xerxes Avenue North. (During the initial discussion of this application, Commissioners Ditter and Dorenfeld left the meeting at 11:15 P.M.) Following its introduction by the Secretary, who referred Commission members to a letter from Super Valu dated April 24, 1970, and the Commission minutes of May 7, 1970, Chairman Jensen then recognized Mr. Charles Dugan, Director of Store Development for Super Valu Stores, Inc. , who stated that the need was great for allowing this curb cut to remain open. The City Engineer stated that the present traffic on Xerxes Avenue was approximately 4,500 cars per day, but that the traffic projections is for approximately 8,000 cars per day after the Earle Brown Farm is developed and Xerxes Avenue and Freeway 094 intersection is up- graded to a folded diamond. He further stated that Xerxes Avenue north of County Road #10 is considered a main arterial and that entrance control should be enforced to avoid congestive traffic movements. He stated that it is his judgement that the high amount of turning traffic into the Super Valu store would cause severe traffic problems in the future because of the entrance location relative to County Road No. 10. Commissioner Grosshans commented that in the event of future congestion and accidents, it would be almost impossible to secure a closing of this curb cut. Commissioner Schuller stated that, in his belief, there is a serious traffic problem presently. Chairman Jensen commented because of Brookdale Center, we have some obligation to business- men in the area and he couldn't see where this curb cut would be detrimental to the public interest. 4 r -6- After this discussion, a motion was made by Commissioner Schuller and seconded by Commissioner Bogucki to recommend to the City Council that Application No. 70023 submitted by Super Valu Stores requesting a curb cut along Xerxes Avenue North be denied because it offers a potentially dangerous traffic problem. Voting in favor were: Commissioners Schuller, Bogucki and Grosshans. Voting against: Chairman Jensen. (Chairman Jensen was opposed to the denial of this application because he feels that any traffic problem generated by this curb cut can be handled. The motion carried. The next item for consideration was Application No. 70035 submitted by Rauenhorst Corporation on behalf of the State Farm Insurance Company, requesting site and building plan approval for property commonly described as being located at 5930 Shingle Creek Parkway. Following its introduction by the Secretary and a lengthy discussion with a presentative of the applicant, Mr. James McShane, and review of site and building plans, a motion was made by Commissioner Grosshans, seconded by Commissioner Bogucki, to recommend to the City Council that Application No. 70035 submitted by Rauenhorst Corporation requesting site and building plan approval for construction of a State Farm Office Building, be approved subject to the following conditions: 1) Utility and drainage plans showing elevations must be presented for approval to the City Engineer; 2) Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 3) A performance agreement and performance bond (in an amount to be determined by the City Manager) shall be subr^.itted to the City to guarantee site improvements as designated on the plans submitted; 4) Any mechanical equipment and vents on the roof shall be adequately screened; 5) Screer_Ing of outside solid waste disposal containers shall be provided and approved by the Building 1Az,1-)cy tor; 6) lot must be enlarged by three feet to meet :C=dr �1.3ri 35-702 requirements; 7) installation of "T" shaped concrete driveway islands of a design to be approved by the City Engineer. The motion carried unanimously. The last item for Commission consideration was Planning Commission Application Nos. 70027 and 70028 submitted by Nord- quist Sign Company on behalf of Brookdale Ford Company requesting two sign variances, one of which would be a sign variance from 32 ' foot to 43.6 foot sign and another variance to permit a second freestanding sign in lieu of the existing used car signs. The Brookdale Ford property is located at 2500 County Road 10. Chairman Jensen suggested that since the applicant is not present, the Planning Commission should table said applications. ..y. ♦ s. .y. r .. i .y. y ... -7- Motion by Commissioner Grosshans, seconded by Commissioner Schuller, to table Planning Commission Application No. 70027 and 70028 requesting sign variances submitted by Nordquist Sign Company on behalf of Brookdale Ford until the July 2, 1970 Planning Commission meeting. Voting in favor were: Commissioner Grosshans, Schuller and Jensen. Voting against: Commissioner Bogucki. (Commissioner Bogucki stated that it wasn't necessary that the applicant be present and that said applications should be denied because they were not consistent with the ordinance requirements.) The motion carried. For the remainder of the evening, the Planning Commission and the City Staff discussed outstanding studies to be considered by the Planning Commission and the best possible ways of accomplish- ing the request of the City Council on Planning Commission matters referred back to them. Following a discussion on manner of accomplishing studies to be developed under tha aupices of the Planning Commission, a motion was made by Commissioner Schuller and seconded by Commissioner Bogucki to direct the City staff to develop Compre- hensive Studies on the following subjects: 1) Freeway development zones, uses and restrictions; 2) Development and operational standards for nursing homes. The motion carried unanimously. At this time the Secretary explained to the Commission that following the Commission's prior consideration of Planning Commission Application No. 70013 submitted by Byron Dunkeey and acted on by t1ae Planning Commission at its May 28th study meeting, Mr. Dunklly has been in conference with the staff regarding the best possible way to properly develop and construct a single family home on hio sib-ect property. It is the staff's recommendation that the applic:-.nt be allowed time to secure professional assistance to det,;rclop site and building plans for his subject property. Motion by Commissioner Bogucki and seconded by Commissioner Grosshans, to recall for further Planning Commission consideration Application ,lo. '70013 submitted by Byron Dunkely. The motion carriP-? n. _� r._�O-u ly. Commissioner Schuller and seconded by Commissioner Bogvt -i journ. The motion carried unanimously. The Planning Commission adjourned at 1:12 A.M. 6`e Chairm 1 1