Loading...
HomeMy WebLinkAbout1971 05-06 PCM Minutes of the Proceedings of the Planning Commission of the City of Brooklyn Center in the County of Hennepin and State of Minnesota May 6, 1971 The Planning Commission met in regular session and was called to order by Chairman Robert Jensen at 8:05 P.M. Roll Call: Chairman Robert Jensen, Commissioners Cecelia Scott, Robert Foreman, Henry Bogueki, and Karl Schuller. Staff members present were: Tom Loucks. Following the Chairman's explanation, the first item of business %gas Application No. 70067 submitted by Village Builders, Inc. Mr. Loucks introduced the application and commented that the applicant is requesting site and building plan approval for a 36 unit apartment building to be located at the corner of 53rd and Russell Avenues North. He further indicated that in addition to site and building plan approval, the applicant is requesting one density credit pursuant to Zoning Ordinance provision 35-400 (1) (c) . Following review of the plans, a discussion ensued at which time the applicant notes] that he preferred to put Spruce trees in the court area near the pool in lieu of Birch Clumps because of the probability of leaves falling into the pool area. Motion was then made by Commissioner Scott and seconded by Commissioner Schuller to recommend to the City Council approval of Application No. 70067 subject to the following conditions: 1) That Blue Spruce be substituted for Birch Clumps in the pool area; 2) That the applicant substitute honeysuckle bushes a minimum of 48 inches in height at the periphery of the parking areas on the north and south lines of the property; 3) That the northwest and southwest corners of the proposed buildings be located a minimum of 10 feet from the driveway areas; 4) That one density credit (12 units) be granted in accordance with Zoning Ordinance provision 35-400 (1) (c) ; 5) Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 6) Utility, drainage and elevation plans are subject to the approval of the City Engineer prior to the issuance of a building permit; 7) A performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee the site improvements as designated on the plans submitted. 1 1 1 -2- Those voting in favor were: Chairman Jensen, Commissioners Scott, Foreman and Schuller. Commissioner Bogucki was recorded as not voting. The motion carried. Chairman Jensen noted that the next application, 71013, is a Board of Appeals action submitted by Gene Graham requesting a 2'6" side yard variance for an existing partially remodeled garage and breezeway that is being converted into a living area. The application was introduced by Mr. Loucks who commented that the applicant had been remodeling the breezeway and garage without obtaining the necessary building permits and that the Building Inspector, while making a routine inspection of a garage . being constructed on the parcel, discovered the remodeling operation taking place and ordered the applicant to cease construction until proper approvals for variances were granted. Discussion ensued at which time Chairman Jensen noted that sufficient precedent has probably been set relative to granting such side yard variances for single family homes, although granting of a variance should not be construed as condoning the applicant's action in commencing construction of a dwelling without the necessary building permits. Commissioner Bogucki commented that previous variances of a similar nature had been recommended by the Commission because related to the mass of a building, there appears to be little difference between a garage extending within five feet of a side yard and a living area extending ,within five feet of a sideyard. Following further discussion, a motion was made by Commissioner Bogucki and seconded by Commissioner Schuller to recommend to the City Council approval of Application No. 71013 requesting a 216" side yard variance because there is no evidence that the applicant willfully intended to evade the building permit process, and further, that variances of a similar nature have been granted in the past. The motion carried unanimously. Commissioner Ditter arrived at 8:30 P.M. Chairman Jensen noted that the next application, 71010, is a Board of Appeals action submitted by Jesse Johnson requesting a side yard setback variance and building ground coverage area variance. The application was introduced by Mr. Loucks who commented that the applicant is requesting a 15 foot side-corner yard setback variance and 216 square foot lot coverage area variance for a garage to be constructed on a parcel at 4701 Lakeview Avenue North. It was noted that the 10 foot setback for the proposed garage poses a problem in that vehicles in the driveway would be encroaching some 8 to 10 feet into the existing right-of-way adjacent to Lakeside Avenue, and that this problem becomes even more critical because Lakeside Avenue, as it exists, has a narrow right-of-way width (50 feet at the subject property and 30 feet at the adjacent property to the west) . Relative to the building lot coverage area, it was noted that the existing home on the property in question has 925 square feet of floor area and the proposed accessory building (garage) would contain 910 square feet of floor area. It was indicated that research of previous applications of a similar nature indicates sL 1 1 -3- that sufficient precedent has been established by the Planning Commission that would mitigate the granting of the requested variance. A discussion ensued at which time it was noted that the requested variances appeared to be of a rather unique and unusual nature and that perhaps the Commission should take a field trip to the subject parcel to get a better perspective of what is being proposed. Chairman Jensen then queried the applicant as to whether or not he would concur with the tabling of the application until June 3, 1971, to allow additional time for review of the application by the Planning Commission. The applicant cor_4urred with the suggested tabling and time schedule for a re-hearing on the application. Motion was then made by Commissioner Bogucki and seconded by Commissioner Schuller to table Application No. 71010 until June 3, 1971. Those voting in favor thereof were: Chairman Jensen, Commissioners Bogucki, Foreman, Schuller and Ditter. Commissioner Scott not voting. The motion carried. The next item of business was Planning Commission Application No. 71{ 9 submitted by MIAG North America Corporation. The application was introduced by Mr. Loucks who indicated the applicant is requesting site and building plan approval for a proposed 1,950 square foot addition and site improvements on a parcel located at 3515 - 48th Avenue North. It was noted that the site, as it exists, consists of a 6,000 square foot building which is utilized as an office, machine repair and ware- housing facilities, and that the property is partially paved, uncurbed and partially landscaped. Mr. Loucks commented that the site plan, in addition to the 1, 950 square foot expansion, proposes to complete the parking and driving areas by adding additional bituminous surfacing and placing concrete curbing around the periphery of the driving and parking areas. Following a review of the site plan, a motion was made by Commissioner Schuller and seconded by Commissioner Foreman to approve Application No. 71009 subject to the following conditions : 1) Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 2) Utility, drainage and elevation plans are subject to the approval of the City Engineer prior to the issuance of a building permit; 3) 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. The motion carried unanimously. The next item of business was Planning Commission Application No. 71011 submitted by Dayton's Department Store. 1 1 1 -4- The item was introduced by Nr. Loucks who indicated the appli- cant is requesting site and building plan approval for a 5,400 square foot garden store to be located at the Brookdale Shopping Center east of the perimeter road and adjacent to the roadway connecting the ABC Theater and Dayton's Department Store parking area. It was noted that the site plan indicates a 24 foot setback from the perimeter road and it was suggested that a 35 foot setback should be adhered to provide for adequate sight distance between the perimeter road and the roadway connecting the ABC Theater and Dayton's parking area. It was further noted by the staff that approval of the outdoor sales area on the site plan does not relieve the applicant from obtaining administrative permits relative to existing ordinance requirements for outdoor sales and display of merchandise. Following a review of the site plan, Chairman Jensen recognized Mr. Nelson of Dayton' s Department Store who indicated that he did not see the necessity for adhering to the 35 foot setback as recommended by the staff; however, they would be willing to adhere to such a setback if it is a requirement of plan approval. He further indicated that the trees as designated on the plan were of a 2� inch to 3 inch variety. Following discussion, a motion was made by Commissioner Ditter and seconded by Corunissioner Foreman to approve Application No. 71011 subject to the following conditions: 1) That the proposed building adhere to a 35 foot front yard setback; 2) That the trees depicted on the site plan be at least 3 inches in diameter four feet above the ground line 3) That the southeast and east area of the parcel be planted with additional trees and shrubs; 4) That approval of the site plan depicting an outdoor sales area is not intended to relieve the applicant from obtaining administrative permits relative to existing ordinance requirements for outdoor sales and display of merchandise; 5) Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 6) Utility, drainage and elevation plans are subject to the approval of the City Engineer prior to the issuance of a building permit; 7) A performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee the site improvements as designated on the plans submitted. die Following the second, a brief discussion ensued at which time Commissioner Bogucki made a motion to amend the original motion regarding the requirement to obtain administrative permits relative to existing ordinance requirements for outdoor display and sales of merchandise be waived. -5- Chairman Jensen stated that the Chair would not recognize the motion. Following a brief discussion, the motion was then withdrawn by Commissioner Bogucki. Those voting in favor of the original motion were: Chairman Jensen, Commissioners Scott, Foreman, Schuller;,and Ditter. Those voting against were: Commissioner Bogucki. The motion carried. Chairman Jensen noted that Application No. 71012 submitted by Estelle Filkins is a Board of Appeals action. The application was introduced by Mr. Loucks who indicated the applicant is requesting a variance from Section 15-104.A (1) which provides that normal platting procedures can be waived by variance and that the applicant has submitted a Certificate of Survey and requested that a variance be granted to allow a metes and bounds division of a property located at 5531 Halifax Avenue North. Following a review of the Certificate of Survey, a motion was made by Commissioner Bogucki ana seconded by Commissioner Schuller to recommend to the City Council approval of Application No. 71012 to allow a division of property by simple metes and bounds description because it meets the criteria for granting such a variance and further, that previous variances of a similar nature have been granted in the past. The motion carried unanimously. Chairman Jensen noted that the next item, Application No. 71014, is a Board of Appeals action. The item was introduced by Mr. Loucks who commented that the applicant is requesting a 6' sideyard variance to allow construction of an addition within four feet of the west property line for a building located at 3615 - 50th Avenue North. It was noted that existing building was granted a four foot side yard variance on a previous occasion and that, in essence, the applicant is proposing an incidental extension of that variance. Following a brief discussion, a motion was made by Commissioner Scott and seconded by Commissioner Foreman to recommend to the City Council approval of Planning co,_m--nission Application No. 71014 because: 1) The requested variance is an incidental extension of an existing variance; and 2) That a hardship exists because of the shape of the lot and property lines that do not run coincident with the existing building. The motion carried unanimously. The next item of business was Planning Commission Application No. 71015 submitted by Dunn Machine and Repair requesting site and building plan approval. The' item was introduced by Mr. Loucks who commented that the site plan, as submitted, proposes a 3,100 square foot addition to an existing 6,000 square foot building, curbing and surfacing r 1 1 1 -6- of all driveways and parking areas, improved landscaping, and elimination of existing parking areas in the front yard setback. A discussion ensued at which time Commissioner Scott noted that perhaps landscaping should include some shrubs in the front of the building. Chairman Jensen then recognized Mr. Wayne Dunn who indicated that he would be willing to give additional landscaping treatment in the area north of the existing structure. A motion was made by Commissioner Bogucki and secohdod by Commissioner Scott to recommend approval of Planning Commission Application No. 71015 subject to the following conditions : 1) That shrubs or a hedge be planted in an area north of the existing building; 2) Building plans are subject to the approval of the Buillding Inspector with respect to applicable building codes; 3) Utility, drainage and elevation plans are subject to the approval of the City Engineer prior to the issuance of a building permit; 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 the site improvements as designated on the plans submitted. The motion carried unanimously. Motion was made by Commissioner Ditter and seconded by Commissioner Foreman to adjourn. The motion carried unanimously. The meeting adjourned at 11:05 P.M. Chairman 1 1 1