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HomeMy WebLinkAbout1972 12-07 PCM Minutes of the Proceedings of the Planning Commission of the City of Brooklyn Center in the County of Hennepin and State of Minnesota December 7, 1972 The Planning Commission met in regular session and was called to. order at 8:05 P.M. by Chairman Robert Jensen. Roll Call: Chairman Jensen, Commissioners Bogucki, Grosshans, Scott, Foreman, Gross and Engdahl. Also present were Director of Public Works, James Merila and Administrative Assistant Blair Tremere. Motion by Commissioner Foreman seconded by Commissioner Gross to approve the minutes for the November 28, 1972 meeting. voting in favor were Chairman Jensen, Commissioners Bogucki, Grosshans, Foreman, Gross and Engdahl. Not voting: Commissioner Scott, who explained she was not at the November 28th meeting. First item of business was consideration of planning Commission Application No. 72081 submitted by R. W. Engstrom. The item was introduced by the Secretary who explained the applicant was seeking a variance from Section 15-104 to permit subdivision by metes and bounds description of a parcel located at the southeast corner of 55th and Bryant Avenues North. He stated that the proposed dimensions of the lots were approximately 100 feet by 127 feet and that the land was zoned R-2. The Secretary further commented that each of the proposed lots exceeds the minimum area requirements for the R-2 District. He further explained that precedent exists for the requested action in that the contended hardship is that formal subdivision requirements would be unduly restrictive. Chairman Jensen noted that none of the notified property owners was present. Motion by Commissioner Grosshans seconded by Commissioner Engdahl to recommend approval of Planning Commission Application No. 72081 submitted by R. W. Engstrom noting that a hardship had been established in that formal subdivision requirements would be unduly restrictive. The motion passed unanimously. The Secretary next reviewed Planning Commission Application No. 72082 submitted by B.C.I.P. , Inc. He explained that the applicant was seeking preliminary plat approval for the property known as "Outlot C Twin Cities Interchange Park" . He noted that "Tract B" of the proposed registered land survey was the site of the recently approved fourth speculative industrial building. An extensive discussion ensued relative to the recommendation that a 14 foot wide strip of land extending along 69th Avenue North be provided from this parcel for future roadway and utility purposes. The Director of Public Works reviewed the preliminary alignment plans for County Road 130 submitted by the County. Further discussion ensued relative to the establishment of the 50 foot setback, either from the street right-of-way line or from a possible 14 foot wide tract boundary. Commissioner Bogucki stated that should the 14 feet be provided as a separate tract, the 50 foot setback should be determined from that point and not the street right-of-way line. In other words, a credit of 14 feet should not be allowed. 1 1 1 -2- Commissioner Grosshans and Chairman Jensen noted possible difficulties might be realized should the 14 feet be provided as a tract, in that the developer would be required to provide the entire 14 feet from his property without compensation. Commissioner Gross agreed, stating the problem was accentuated by the tentative and long range nature of the preliminary plans for the upgrading of County Road 130. He stated that the applicant could provide an easement of approximately 14 feet along 69th Avenue and thus would be able to utilize the area for part of the 50 foot setback from the street right-of-way line. Following further discussion there was a motion by clmmissioner Gross seconded by Commissioner Foreman to recommend approval of Planning Commission Application No. 72082 subject to the following conditions: 1. The final plat is subject to review by the City Engineer; 2. The final plat is subject to the requirements of the Sub- division Ordinance; 3. An easement approximately 14 feet wide shall be provided along 69th Avenue North to allow for possible future utility and roadway requirements, with the precise dimensions of said easement to be verified by the City Engineer. She motion passed unanimously. The Secretary introduced Planning Commission Application No. 72085 submitted by Mr. Roy E. Miller in behalf of Nino's Restaurant. He stated the applicant was seeking a special use permit for live entertainment in the Nino's Restaurant located on the ground floor of the new office building located at 6040 Earle Brown Drive. He noted that the Council had recently authorized the issuance of a liquor license (including Sunday sales) for the estab- lishment. Following a brief discussion there was a motion by Commissioner Foreman seconded by Commissioner Scott to recommend approval of Planning Commission Application No. 72085 as submitted by Roy E. Miller on behalf of Nino's Restaurant. Motion passed unanimously. The Secretary next introduced Planning Commission Application No. 72084 submitted by Henry Stenquist. He explained that the. item was submitted only for conceptual review in that the applicant had yet to submit some of the required data. He stated that the applicant was proposing construction of a 42-unit townhouse project on an "L" shaped R-3 parcel which abuts the C-2 Tract at the northwest intersection of 66th and Lyndale Avenues North. He explained that the applicant had applied the density credits permitted by ordinance by providing parking spaces beneath the structures and he noted that without such credit the ordinance would allow for approximately 37 units. A discussion ensued and it was noted that, not withstanding the unusual shape of the parcel, the density of the proposed town- house units was relatively high. It was further noted that the ordinance definition of a townhouse development provides that there shall be a large identifiable open space for the project and that such an amenity was not included on this site. The Secretary commented that the developer had proposed individual recreational 1 , 1 1 -3- areas for the several clusters of townhouses, each including a swimming pool. Commissioner Foreman noted that the definition of a townhouse was three or more living units horizontally attached in a linear or cluster arrangement. He pointed out the provision for two 2-unit dwellings on the site. Further discussion ensued relative to the relationship of the proposed townhouse project to the neighboring commercial and residential properties. The Director of Public Works commented relative to the sixty foot easement on the northerly side of the site and he noted that the submitted plans indicated an encroachment upon the easement by two townhouse units. Following further discussion there was a motion by Commissioner Bogucki seconded by Commissioner Foreman to table further considera- tion of Planning Commission Application No. 72084 until the study meeting to permit the applicant the opportunity to submit complete plans for review. Motion passed unanimously. In other business the Commission reviewed and discussed extensively, the proposed amendment to the Fire Prevention Ordinance which was given first reading at the December 4th City Council meeting. The Secretary explained that the amendment would include all structures four stories or more in height in the residential districts as well as industrial and commercial structures which were now comprehended by the ordinance. Commissioner Bogucki stated that a resolution of e"doxoement should be adopted and forwarded to the council prior to the second reading of the ordinance amendment. In further discussion chairman Jensen stated that both sides of the issue should be fully examined and he inquired as to what the arguments were most often presented in opposition to such requirements. Following further discussion, it was the consensus of the Commission to direct the Secretary to draft a resolution endorsing and urging adoption of the proposed ordinance amendment to Chapter 5 of the City Ordinances requiring fire sprinkling systems in residential buildings four stories or more in height. The Commission also reviewed the Iiome Occupation and Special Home Occupation provisions of the Zoning Ordinance and it was suggested that a joint meeting be held with the City Council in re- gard to possible amendment of those requirements. Chairman Jens_n stated that the joint meeting should be in the form of a public hearing so that adequate input could be provided before a possible decision to alter the present requirements was made. Motion by Commissioner Foreman seconded by Commissioner Scott to adjourn the meeting. The motion passed unanimously. The Planning Commission meeting adjourned at 11:25 P.M. airm n i 1 1