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HomeMy WebLinkAbout1972 02-03 PCM Minutes of the Proceedings of the Planning Commission of the City of Brooklyn Center in the County of Hennepin and State of Minnesota February 3, 1972 The Planning Commission met in regular session and was called to order by Chairman Pro-tem Robert Grosshans at 8:05 P.M. Roll Cali: Chairman Pro-tem Grosshans, Commissioners Gross, Scott, and Engdahl. Also present were: Chief Building Inspector Jean Murphey and Administrative Assistants Blair Tremere and Daniel Hartman. The first order of business was swearing in of Gilbert Engdahl to serve on the Planning Commission for a period of two years. The oath of office was administered by Administrative Assistant Blair Tremere, Deputy City Clerk. Following the Chairman's explanation, Chairman Pro-tem Grosshans recognized Mayor Philip Cohen who commented relative to the ramifi- cations for the City of the 1971 Omnibus Tax Bill. He stated that the new tax legislation, in conjunction with the new fiscal disparity legislation, in effect, required municipalities to re-evaluate their thinking with regard to new development. Commissioner Bogucki arrived at 8:15 P.M. The Mayor further commented that the tone of the recent legis- lation, as well as other events such as the new State Building Code, presents a challenge to the concept of home rule and the vital local control of planning and development. Chairman pro-tem Grosshans then recognized City Manager Donald Poss who amplified the Mayor's comments on the recent tax legislation. He stated that the City must now view industrial and commercial development as something other than just an increased tax base. He said there was a changed perspective with regard to providing govern- ment services and that it was now necessary to determine how many new jobs would be realized as well as what the demand would be for public services. He explained that the legislation had resulted in economic freeze in that the permitted 6/ annual growth rate would be virtually absorbed by inflation and the demand for new and increased services. A brief discussion ensued relative to the comments of the Mayor and the City Manager. The next item of business was consideration of Planning Commmission Application No. 72003 submitted by Mr. Bud Schlee. The item was introduced by the Secretary who commented that the applicant is requesting a variance from Section 15-104 of the City Ordinance to permit the subdivision of Part of Lot 6, Auditor's Subdivision T7o. 310, into four lots. He further stated that each of the pro- posed lots will meet the minimum City requirements for single family residential dwelling sites, that municipal water is available to each lot, and that sewer service can be provided from Willow Lane. The Secretary further noted that it was the staff recommendation that the subdivision should be accomplished via the use of a plat or registered land survey rather than by a variance from the Platting Ordinance. 1 1 1 -2- Chairman Pro-tem Grosshans recognized the applicant who stated he preferred to utilize the variance procedure in that it was the simpliest and most economical way to achieve an uncomplicated sub- division. Mr. Schlee further stated that he had provided for necessary easements in the deeds which he had prepared for the proposed subdivided lots, and that the legal descriptions of the lots were very basic; thus, it did not seem a lengthy platting or registered land survey process was necessary. In response to a question by Chairman Pro-tern Grosshans, the Building Inspector discussed the possible means by which land could be subdivided and commented that the staff preferred the standard plat or registered land survey in that required easements were formally determined and the property assessment procedure was sub- stantially facilitated. During further discussion the applicant commented that he had not talked with the City Engineer relative to the proposed subdivision Commissioner Bogucki commented that it was necessary to consider the possible future development of Lyndale Avenue, and that it appeared further input was necessary from the staff before a recom- mendation could be forwarded to the City Council. Chairman Pro-tem Grosshans inquired whether the applicant had met the standards for granting a variance and Commissioner Bogucki asked the applicant what hardship was claimed as grounds for seeking a variance. The applicant responded that the cost of a formal plat or registered land survey was subtantially more than the cost of simply filing deeds and obtaining a variance, in that the latter was a much simpler procedure since the proposed subdivided lots met City requirements. Commissioner Gross stated that there appeared to be no physical evidence of a hardship, other than the mentioned factors of cost and inconvenience of securing a formal plat or registered land survey. Chairman Pro-tem Grosshans then stated that notices had been sent to the appropriate property owners in the area and noted that none were present. Following further discussion there was a motion by Commissioner Bogucki, seconded by Commissioner Scott to table for further advise- ment Planning Commission Application No. 72003 submitted by Mr. Bud Schlee. The motion passed unanimously. The next item of business was consideration of Planning Commission Application No. 72004 submitted by Linda Nelson. The Secretary introduced the item stating that the applicant is requesting a Special Use Permit for a beauty shop in the basement of her home located at 6424 June Avenue North. Chairman Pro-tem Grosshans recognized the applicant who stated that she did not foresee any parking problems in that she has a double driveway, and as the sole operator of the business, she would take work by appointment only. The applicant further noted that she intended to construct a second exit from the basement area of her home pending approval of the Special Use Permit. Following a brief discussion, there was a motion by Commissioner Gross, seconded by Commissioner Bogucki, to recommend approval of Planning Commission Application No. 72004 submitted by Linda Nelson subject to the following conditions: �i -. . . I -3- 1. That a second exit from the basement will be provided prior to the commencement of the operation; 2. That a copy of the beauty shop and beauty operator's licenses, issued by the State of Minnesota, will be placed on file with the City prior to the commencement of the operation; 3. That the special permit will be subject to review on an annual basis. Voting in favor were: Chairman Pro-tem Grosshans, Commissioners Bogucki, Scott, Gross and Engdahl. Voting against: none. The motion passed unanimously. The next item of business was consideration of Planning Commission Applications No. 72007 and 72008 submitted by Super Valu Stores. The Secretary explained that Application No. 72007 was a request for a special use permit for a proposed gasoline fueling station to be located in the southeast part of the parking lot of the Super Valu Store at 5801 Xerxes Avenue North. He noted that the only proposed use was the dispensation of gasoline and that there would be no service equipment for auto repair, greasing, tire changing, or oil changing. The Secretary further noted that the companion application was for site and building plan approval for the gasoline fueling station which would be a six foot by fourteen foot building to be used as an office for the attendant. He stated that all of the surrounding lot surface would be either bituminous paving or concrete_ Commissioner Scott inquired as to the status of the curb cut on Xerxes Avenue North leading to the Super Valu parking lot, recalling that the opening was only temporarily authorized by the City and was not a permanent part of the Super Valu site. The Secretary read City Council Resolution No. 71-73 dated April 5, 1971, which resolved that the temporary driveway entrance was allowed to continue until such time as the City Council determines, upon the recommendation of the Director of Public Works, that the number of traffic conflicts has reached a volume requiring the installation of traffic control signals or the re-routing of traffic. Chairman Pro-tem Grosshans then recognized Mr. William Hunt, a representative of the applicant, who stated that the gas dispensing facility was not intended to draw traffic. He further noted that it was the applicant's feeling that the closing of the curb cut would have an undesirable effect on the total business, but that the proposed gasoline operation would not be dependent upon nor would it substantially affect the opening on Xerxes Avenue. Commissioner Bogucki stated that the applicant should anticipate the closing of the curb cut and thus plan for the use of other accesses. He asked the applicant, in that regard, whether consider- ation had been given to locating the gas outlet at the north end of the parking lot. The applicant responded that no other location had been seriously considered and that since the gas operation was not intended to draw traffic from the street, other locations had not been con- sidered for reasons of access. 1 1 1 -4- Mr. Hunt stated that it was the intent of the applicant not to operate the station after midnight and that an independent brand of gas would be retailed. Mr. Hunt further stated that the applicant was fully aware of the City's position on the curb cut as stipulated in Resolution 71-73. Chairman Pro-tem Grosshans then asked if any of the property owners who had been notified were present. He recognized Mr. Dennis Albrecht, Assistant Center Manager for Brookdale. Mr. Albrecht stated that a letter dated February 3, 1972, had been submitted for the file stating the objection of his company to the granting of the special use permit to Super Valu for a gasoline fueling station. He stated that as an adjacent land holder, Brookdale feels that this facility does not fit into the original concept for the Brook- dale area and that it sets a dangerous precedent which could weaken the City's position in dealing with requests for similar facilities by other grocery stores. He further stated that the applicant felt that the temporary curb cut granted Super Valu may well cause con- gestion and create a hazardous condition once sufficient traffic is generated. Commissioner Gross recalled that a permit for the operation of a gas station had been recently approved for Dayton's. Mr. Albrecht responded that the Dayton gasoline station was on a separate parcel and that it was part of an over-all complex near the recently completed garden supply store. Chairman Pro-tem Grosshans stated that Dayton's proposed operation was similar to that now proposed by Super Valu and Mr. Albrecht responded that there was a main difference in that the Dayton proposed gas station would be a single use on an individual location. Mr. Hunt stated that the applicant did not and would not, in the future, take the position that the proposed gasoline operation on the Super Valu parking lot was justification for retaining the curb cut. He reiterated that the applicant's concern with the curb cut was the effect glosing the curb cut would have on the entire Super Valu operation. The Secretary then reviewed the site and building plans sub- mitted with Application No. 72008. He noted that there was no indication yet of any method of traffic control or flow regulation. Mr. Hunt commented that there would be no signery other than a small "gasoline" wall sign and that the exterior finish of the building would be similar to that of the main store. Commissioner Gross stated that it would be important for the applicant to have viable traffic flow control especially considering the possibility of the curb cut being closed. Commissioner Engdahl commented that possibly the applicant should consider an alternate site in the north part of the lot, for example, since there would be a substantial increase in traffic at that entrance, once the Xerxes Avenue curb cut was closed. Following further discussion, there was a motion by Commissioner Gross, seconded by Commissioner Scott to recommend approval of Planning Commission Application No. 72007 submitted by Super Valu Stores requesting a special use permit subject to the following conditions: 1 1 1 -5- 1. That the applicant submit, in writing, to the City a statement acknowledging the applicant's awareness of the City's position regarding the Xerxes Avenue curb cut as stipulated in City Council Resolution 71-73; 2. A statement from the applicant that the fueling station operation will not serve as grounds for retaining the curb cut on Xerxes Avenue; 3. That the applicant submit a revised plan for traffic flow regulation. voting in favor were: Chairman Pro-tem Grosshans, Commissioners Bogucki, Gross, Scott and Engdahl. Voting against: none. The motion passed unanimously. Following further discussion of the proposed building plans, there was a motion by Commissioner Bogucki, seconded by Commissioner Gross to recommend approval of Planning Commission Application No. 72008 submitted by Super Valu Stores. The motion passed unanimously. The next item of business was consideration of Planning Commission Application No. 72009 submitted by .Pearl C. Lynch. The item was introduced by the Secretary who stated that the applicant is requesting approval of a Registered Land Survey, He further noted that the Commission had approved this subdivision under the variance procedure on December 2, 1971, but that the City Council had determined that the subdivision should be done via a Registered Land Survey. The Secretary explained that Tract B of the proposed subdivision is substandard in depth and that this is recognized in the recommend- ation for approval of Application No. 71070. He recommended that the present application should be approved with a variance in lot depth for Tract B from 110 feet to 106.9 feet. A brief discussion ensued and the Secretary noted that the lot depth variance was required due "to the location of the applicant's home. Motion by Commissioner Bogucki, seconded by Commissioner Scott, to recommend approval of Planning Commission Application No. 72009 submitted by Pearl C. Lynch requesting approval or a Registered Land Survey, noting the recommendation includes the lot depth variance for Tract B. Voting in favor were: Chairman Pro-tem Grosshans, Commissioners Bogucki, Scott, Gross and Engdahl. Voting against: none. The motion passed unanimously. The Ccmmisssion recessed at 9:50 P.M. and resumed at 10:10 P.M. The Secretary next introduced for reconsideration planning Commission Application 72002 submitted by R.D. Taafe, requesting site and building plan approval for development of the property located at 69th and Girard Avenues North within the Hi Crest Square Addition. He stated that the application had been tabled at the January 27th meeting. Chairman Pro-tem Grosshans recognized the applicant who stated that he had been discussing the development of the entire parcel with a representative of Trans-Continental Development Corporation and that revised plans were currently being drawn up. 1 1 1 -6- Chairman Pro-tem Grosshans noted that should revised plans be submitted, they would go through staff review before presentation to the Planning Commission. The Secretary noted that substantial revisions involving the entire parcel may constitute a new application Following further discussion, there was a motion by Commissioner Scott and seconded by Commissioner Gross to table indefinitely Planning Commission Application No. 72002 submitted by R. D. Taafe. The motion passed unanimously. The Secretary briefly reviewed a number of applications which would be brought to the Commission's attention in the near future. A discussion ensued relative to the introduction of new items and it was the consensus of the Commission that the study session normally conducted at the second monthly meeting would be reserved for the review of items previously introduced, as well as those matters submitted by the staff and City Council for research and analysis. Motion by Commissioner Gross, seconded by Commissioner Scott, to adjourn the meeting. The motion passed unanimously. The Planning Commission meeting adjourned at 10:25 P.M. r' C airman 1 1