HomeMy WebLinkAbout1970 07-30 PCM Minutes of the Proceedings of
the Planning Commission of the
City of Brooklyn Center in the
County of Hennepin and State of Minnesota
July 30, 1970
The Planning Commission met in study session and was called
to order by Chairman Robert Jensen at 7:38 P.M.
Roll Call: Chairman Robert Jensen, Commissioners Henry
Bogucki, Karl Schuller, and Robert Grosshans. Commissioners absent
were: Paul Ditter, Adrian Dorenfeld and Charles Nichols. Staff
members: B. E. Peterson, Tom Loucks.
As the first item of business, Chairman Jensen requested that
the Commission address itself to an interim staff report on nursing
homes. Chairman Jensen stated that the staff is developing a draft
Nursing Home Ordinance which will establish standards for nursing
homes and until that ordinance is developed, the Fleissner Appli-
cations will remain tabled. Chairman Jensen then recognized
representatives of the Ron Fleissner applications that were present:
Mr. Winslow R. Chamberlain, President of the Winslow R. Chamberlain
Equity Corporation, Vice Presidents Mr. Fred 0. Donaldson, Mr.
Donald Olson, and Mr. Joseph Gittis, a corporate official of the
Gold Medallion Nursing Homes. Chairman Jensen asked the applicants
what their proposed timing was in regard to constructing the pro-
posed nursing home. Mr. Olson responded that Gold Medallion ,
wished to construct the nursing home in September or October at
which time their option on the property was due to expire. Chair-
man Jensen commented that the Planning Commission would be willing
to hold a special meeting as soon as the staff has gathered all
the necessary information regarding this application. Mr. Donaldson
commented that as a representative of the applicant, his firm and
the Gold Medallion firm would like to review the proposed nursing
home ordinance. Chairman Jensen responded that the Planning
Commission would review and comment on the proposed nursing home
ordinance and consider comments from the applicant. However, the
Planning Commission will consider two factors in the following
order:
1) The draft ordinance establishing standards for
nursing homes; and
2) The question of land use.
Mr. Donaldson then asked the Planning Commission if they have
changed their attitude regarding using the land for a nursing home.
Chairman Jensen stated that the Commission's attitude had not
officially changed, however, the staff is gathering and analysing
information in order to establish density standards and rules and
regulations for operation of a nursing home facility. Chairman
Jensen then assured representatives of the applicant that if they
contact the staff, they would be kept informed.
The Planning Commission and Staff next considered an automobile
signery study. Mr. Loucks stated that the signery study was under-
taken at the request of the Planning Commission at its July 2nd
meeting in regard to signs at automobile dealerships in general.
Fie commented that six dealerships had been surveyed and subsequent
results indicated that 4 of 6 dealerships had non-conforming signs.
The purpose of the study, he stated, is not to change the existing
sign ordinance to accommodate the Brookdale Ford Application
(Application No. 70028) but rather to re-examine its relationship
to all automobile dealerships. Mr. Loucks also commented that
1
1
-2-
the Commission should look at the uniqueness of automobile dealer-
ships and their ability to offer many services over a large land
area. Following this, Chairman Jensen asked Mr. Loucks what
automobile dealerships had non-conforming signs. Mr. Loucks
responded that Velie Oldsmobile, Brookdale Ford, Brookdale Chrysler-
Plymouth, and Tten Chevrolet all had non-conforming signs. There
followed a discussion among the Commissioners of each of the
above dealerships with non-conforming signs and the uniqueness of
automobile dealerships. Commissioner Bogucki commented that
automobile dealerships have many businesses within one, such as
car sales, used car sales, repair and leasing services. Chairman
Jensen suggested that those automobile dealerships not in conformance
with the sign ordinance should possibly be granted a variance. Mr.
Loucks responded that if the Commission grants a variance for
automobile dealerships which are in a C2 zoning district, then
probably all other businesses in a C2 zoning district could be
granted a second freestanding sign. Chairman Jensen then questioned
what is the difference between a super market and an automobile
dealership. Mr. Loucks responded that in most instances businesses
in a C2 zoning district merchandise their goods within the confines
of a building whereas automobile dealerships merchandise their
products both inside and outside over a wide area. During the
discussion of whether or not automobile dealerships are unique
and need a second freestanding sign, Commissioner Grosshans
commented that automobile dealerships are obvious, so why would
there be a need for a second sign. Chairman Jensen agreed that
automobile dealerships are obvious, but possibly , the need for
additional sign is for the convenience of the customers.
Commissioner Grosshans suggested that all non-conforming signs
should be taken down. Mr. Loucks responded that it is not legally
possible to take down non-conforming signs because these signs
were legal prior to the new sign ordinance. Chairman Jensen then
polled the Commissioners regarding their views on changing the
sign ordinance in order to allow a second freestanding sign
specifically for automobile dealerships. Commissioner Schuller
preferred the existing sign ordinance whereas Commissioner Bogucki
agreed to the proposed sign ordinance change allowing a second
freestanding sign. Commissioner Grosshans had mixed emotions
and stated that, in his opinion, automobile dealerships were not
unique any more than any other kind of business because all
businesses were unique. Commissioner Schuller stated that by their
nature, automobile dealerships are big and therefore they just
don't need a second freestanding sign. At this time, Chairman
Jensen then asked for a vote on the proposed amendment to the
Sign ordinance which would allow a second freestanding sign.
Commissioner Grosshans then suggested that if two signs were to
be allowed, that the first sign would only identify new cars
and the second sign would identify used cars because of the fact
that automobile dealerships have two businesses in one.
Following further discussion of the proposed amendment to the
sign ordinance, a motion was made by Henry Bogucki and seconded by
Robert Grosshans, to recommend to the City Council that an amend*
ment be added to subsection C, Chapter 34-140.3.A(2) as follows:
(c) Automobile Sales and Service
These individual business establishments having a
gross floor area in excess of 24,000 square feet may
have a second freestanding sign with a maximum sign
area not to exceed 125 square feet and a maximum height
not to exceed 24 feet above the first floor elevation
of the principal building providing a second sign is
related to the principal use such as used cars, service
repairs, leasing, truck sales.
1
1
-3--
Voting in favor were: Jensen, Bogucki and Grosshans. Voting
against: Commissioner Schuller. (Commissioner Schuller opposed
a change to the sign ordinance because it is his opinion that the
present sign ordinance was not restrictive and that because of the
large size of automobile dealerships, that this was in itself an
obvious fact and therefore did not need additional signery.)
Motion carried.
The Planning Commission recessed at 9:14 P.M. and reconvened
at 9:21 P.M.
The next item for consideration was Planning Commission
Application No. 70017 originally submitted by Glad and Miller and
now by Viewcon, Inc. , requesting site and building plan approval,
consistent with rezoning application No. 68018. The City Council
approved both applications, No. 70017 and 68018, at its May 25,
1970, Council meeting. Application No. 70017 requested site
and building plan approval for a 99 unit apartment building. The
present request by Viewcon, Inc. is for approval of an additional
25 apartment units for a total of 124 units versus the Glad and
Miller 99 apartment units. This property is bounded by Trunk
Highway 100, Lakeside Avenue and Lower Twin Lakes.
Following its introduction by Mr. Loucks, the Chair recognized
Mr. Charles VanEeckhout, representative of Viewcon, Inc. Mr.
VanEeckhout explained that the apartment buildings have been
lengthened easterly and the detached garage moved closer to the
apartment for more convenient access. He further stated that a
second underground tunnel has been added for the convenience of
the north units. Also, that the apartment buildings will be con-
verted from a walk-up to a building equipped with elevators. The
staff then commented that the basic setbacks on the original Glad
and Miller site plan will stay the same as well as the basic con-
figuration of the entire complex.
During a review of the revised application, it was suggested
that the applicant eliminate the walkway coming from north of the
apartment building to Lakebreeze Avenue.
Mr. Van Eeckhout stated that the reason for the revision of
the Glad and Miller plans by Viewcon was that Glad and Miller
could not get financing to construct 99 apartment units.
Motion by Commissioner Bogucki and seconded by Commissioner
Grosshans to recommend to the City Council approval of the revised
Planning Commission Application No. 70017 submitted by Viewcon, Inc_
requesting site and building plan approval for 124 unit apartment
building subject to the City Council conditions of May 25, 1970,
as follows:
1) That in the future, if direct access to T.H. 100
at Indiana Avenue is shut off, that a substitute
access to T.H. 100 be provided by a new street to
be located between Azelia Avenue and France Avenue
and meeting Lakebreeze Avenue;
2) Building plans are subject to the approval of the
Building Inspector with respect to applicable
building codes;
3) Utility and drainage and elevation plans are
subject to the approval of the City Engineer
prior to the issuance of the building permit;
1
1
1
-4-
4) A performance agreement and performance bond
(in an amount to be determined by the City Manager)
shall be submitted to the City to guarantee site
improvements as designated on the plans submitted;
5) A landscape planting schedule must be presented
indicating adequate plantings on the northern
part of the subject property along Lakeside Avenue;
6) That the property must be platted;
7) That site and building plan approval be contingent
upon the developer transferring title to the City
for the open space west of the subject property
and abutting Lower Twin Lake.
Motion carried unanimously.
The next item for consideration related to an extension
to Planning Commission Application No. 69022 submitted by Iten
Chevrolet approving a special use permit for the placement of a
mobile home trailer on the premises of Iten Chevrolet to serve
as a temporary truck sales office. The City Council, at its .
November 17, 1969, meeting extended said application until
July 1, 1970. The property is located at 6701 Osseo Road.
Following its introduction by Mr. Loucks, it was explained
that Mr. Joseph Iten was contacted by letter dated June 29, 1970,
stating that his special use permit expires on July 1st and that
he must cease all sales operation from said trailer at that time.
It was noted that the applicant has submitted a letter of intent
dated July 16, 1970, in regard to preliminary site and building
plans for the construction of a truck sales office. The appli-
cant stated that he hopesto complete these plans and build said
building sometime within the next 12 to 18 months.
The Commission next discussed that the applicant has received
generous extensions under the special use permit and that the
applicant's request of an extension from 12 to 18 months is far
more time than necessary to construct a truck sales office
building.
Motion by Commissioner Karl Schuller and seconded by
Commissioner Henry Bogucki to recommend to the City Council that
Application No. 69022 requesting an extension of a special use
permit be approved, with a further recommendation that it be temp-
orary and expire within 9 months from July 1, 1970 a April 1,
1971, and that the trailer be removed from the premise Eby that
date. Voting for same were: Commissioners Bogucki, Schuller
and Jensen. Voting against was Grosshans. (Commissioner Grosshans
again reiterated that he did not approve of the use of the mobile
home type trailer on the premises.) The motion carried.
Chairman Jensen next commented that the two Neighborhood
Committee Reports, the West Central and Southwest Neighborhood
Committees have not yet filed reports stating that they have
reviewed those sections of the Comprehensive Plan that apply to
their neighborhood. Commissioner Grosshans commented that the
West Central Neighborhood Committee will file its report by the
1
1
1
-5-
August 27th study meeting. Chairman Jensen suggested that the
Commission set aside one night to review the recommendations
of the Neighborhood Committees.
The Planning Commission next reviewed a draft ordinance
amending Chapter 35 requiring lawn sprinkler systems in certain
zoning districts. The staff commented that said ordinance was
reviewed by the City Council at its July 27th meeting whereupon
the Council directed the City Manager to find better terminology
other than the wording of "underground lawn irrigation system".
Following a review of said draft ordinance, Commissioner Grosshans
had suggested that the words "provisions for ' be deleted and this
deletion would make the suggested amendment more specific.
Motion by Commissioner Grosshans and seconded by Commissioner
Schuller to recommend to the City Council that the draft
ordinance amending Chapter 35 by requiring lawn sprinkler
systems in Subdivision 4 of Section 35-411 (Cl and C1A districts)
and Subdivision 4 of Section 35-412 (C2 districts) and Subdivision
11 of Section 35-413 (I1 and 12 districts) , should be amended
as follows:
The site layout shall include an underground
lawn sprinkler system to facilitate maintenance
of site landscaping and green areas.
The motion carried unanimously.
Motion by Commissioner Schuller and seconded by Commissioner
Grosshans, to adjourn. The motion carried unanimously. The
Planning Commission adjourned at 10:57 P.M.
Chairm
1
1
1