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HomeMy WebLinkAbout1974 09-05 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION CITY HALL SEPTEMBER 5, 1974 Call to Order: The Planning Commission met in regular session and was called to order at 8:03 p.m. by Chairman Carl Gross . Roll Call : Chairman Gross, Commissioners Grosshans , Foreman, and Pierce. Also present was Director of Planning and Inspection Blair Tremere. Planning Commission Following the Chairman ' s explanation, the Application No. 74045 first item of business was consideration of (Joseph Neis) Planning Commission Application No. 74045 submitted by Mr. Joseph Neis, 7106 Oliver Avenue North. The item was introduced by the Secretary who explained the applicant was seeking a special use permit to conduct a home occupation consisting of the manu- facture of rubber stamps and involving stock in trade and special equipment. Chairman Gross recognized the applicant who briefly described the nature of his opera- tion and commented that he intended to con- duct it within his detached double garage. Commissioner Scott Arrived Commissioner Scott arrived at 8:07 p.m. Chairman Gross commented on the ordinance provisions for the primary use of a garage as well as the provision that home occupa- tions be incidental and secondary to the residential character of the premises . The applicant acknowledged that he was aware and understood those provisions and stated that his intended use would not conflict with those provisions . In response to a question by Commissioner Pierce the appli- cant stated that the proposed use would not require any special wiring and that little if any noise was involved. He also com- mented that there would be no odor generated which would be perceptible beyond the limits of the property. Chairman Gross waived the reading of the names of notified property owners in that none was present. Close Public Hearing Motion by Commissioner Foreman seconded by Commissioner Pierce to close the public hearing. The motion passed unanimously. -1- 9/5/74 Following further discussion there was a Action Recommending motion by Commissioner Grosshans seconded Approval of Application by Commissioner Foreman to recommend ap- No. 74045 proval of Planning Commission Application (Joseph Neis) No. 74045 submitted by Mr. Joseph Neis sub- ject to the following conditions : 1. The use is subject to all applicable ordinance provisions and violation thereof shall be grounds for revo- cation of the special use permit. 2 . Retail sale of merchandise to the public on the premises is expressly prohibited. Voting in favor were: Chairman, Gross, Commissioners Grosshans, Foreman, and Pierce. Not voting: Commissioner Scott who noted that she was not present for the entire hearing. The motion passed. The Director of Public Works arrived at Director of Public Works 8:35 p.m. Arrived The next item of business was consideration Application No. 74006 of Planning Commission Application No. 74006 (Twin Lake Alano Society) submitted by the Twin Lake Alano Society. The item was introduced by the Secretary who stated it represented an amendment to the original approval and comprehended the second phase of the site development which was ap- proved conceptually by the commission on February 7, 1974. He stated it consisted of expanded parking to the south and remodeling of the concrete block accessory structure on the north of the primary building located at 4938 Brooklyn Boulevard, He stated the second phase parking consists of 31 spaces including provision for compact cars in specified spots and that the total parking provided would be 82 spaces. The Secretary also noted that plans called for demolition of the easterly (rear) portion of the garage, so the exterior wall will be flush with the building. He stated the applicant intends to apply a new exterior finish to the garage and recommended that the new finish be compatible with the main building. Chairman Gross then recognized Mr. George Ringwelski, who represented the applicant and who commented on the proposed exterior re- modeling of the garage. He presented a .photo- graph of the site as well as a sketch repre- senting the proposed exterior refinishing of the accessory structure. Chairman Gross and Commissioner Scott com- mented that additional berming and planting -2- 9/5/74 along the easterly edge of the property should be provided both in Phase One and Phase Two so to provide effective headlight screening to the residences across Xerxes Avenue. The Director of Public Works com- mented that material for a berm in that area could be developed during the grading of the proposed parking lot. Action Recommending Following further discussion there was a Approval of Application motion by Commissioner Scott seconded by No. 74006 (Amendment) Commissioner Grosshans to recommend ap- (Twin Lake Alano Society) proval of the amendment to Planning Com- mission Application No. 74006 submitted by the Twin Lake Alano Society, subject to the following conditions : 1. Drainage, grading, and berming plans are subject to review and approval by the City Engineer. 2 . Landscaping of the Phase Two parking area will include berms and plantings so to provide screening of headlights . 3. The exterior finish of the remodeled accessory structure shall be aesthet- ically compatible with the primary building. 4 . All conditions of 'the City Council February 24, 1974 approval shall apply. The motion passed unanimously. Application No. 74008 The next item of business was consideration (Twin Lake Alano Society) of Planning Commission Application No. 74008 submitted by the Twin Lake Alano Society. The item was introduced by the Secretary who stated -the petition was for preliminary plat approval. He commented that approval of the applicant ' s special use permit (Application No. 74006) on Feb- ruary 25, 1974, required platting of the two-parcel site within one year; the ap- proval also specified that a portion of the northeasterly corner of the property be dedicated for possible future expansion of Xerxes Avenue North. The Director of Public Works recommended that the applicant provide an easement agree- ment for that land that would be required for street purposes . He stated the agree- ment could acknowledge the use of the area for parking until it was actually needed. He also noted that the need for street widening in the area would be a function of possible future subdivision -of the properties to the north. Chairman Gross noted no one was present to speak for or against the proposal, subse- -3- 9/5/74 quent to the published notice of hearing. He recognized a representative of the applicant and a brief discussion ensued. Motion by Commissioner Foreman seconded by Action Recommending Ap- Commissioner Pierce to recommend approval of proval of Application Planning Commission Application No. 74008 No. 74008 subject to the following conditions : (Twin Lake Alano Society) 1 . Final plat is subject to review by the City Engineer. 2 . Final plat is subject to the require- ments of Chapter 15 of the City Ordinances. 3. An easement agreement as approved by the City Engineer and City Attorney shall be executed providing for possible future widening of Xerxes Avenue North. The motion passed unanimously. The next item of business was consideration of Application No. 74042 Planning Commission Application No. 74042 sub- (Consulting Engineers, mitted by Consulting Engineers, Inc. for Mr. Inc. for Robert Barr) Robert Barr. The item was introduced by the Secretary who stated the applicant seeks sub- division approval for a new plat, consisting of three lots on the approximate 1.13 acre parcel zoned R-2 and located at the northeast corner of Lakeside and Twin Lake Avenues . Chairman Gross determined that neither the applicant nor a representative of the appli- cant was present and suggested that further consideration of the application be deferred. It was the consensus of the Commission to Consensus to Defer Con- defer further consideration of Planning sideration of Application Commission Application No. 74042 until such No. 74042 time that the applicant or a representative (Consulting Engineers, Inc. of the applicant was present. Chairman for Robert Barr) Gross noted that appropriate legal notice had been published for the hearing and that no one was present to speak for or against the petition. Commissioner Horan arrived at 9:00 p.m. Commissioner Horan Arrived The next item of business was partial con- Partial Consideration of sideration of Planning Commission Applica- Planning Commission tion No. 74044 submitted by Brooklyn Center Application No. 74044 Development Co. The item was introduced by (B.C.D.C.) the Secretary who explained the application was basically a site and building plan ap- proval request which would be brought before the Commission for formal review at a sub- sequent meeting. He stated that the pro- posed site and building plans were contingent upon two technical variances relative to buffer and setback requirements . The Secretary commented that one of the -4- 9/5/74 variances involved Section 35-413 which provides that where a proposed I-1 de- velopment abuts an R-1 district at other than a street line, a protective strip of at least 100 feet in width shall be pro- vided. He explained that the proposed development (Speculative Building No. 7) site is adjacent on the south to the large R-1 tract owned and partially occupied by the Be.rean Evangelical Free Church. He stated the abutment was approximately 390 feet and that the distance from the Spec 7 parking lot to the boundary varies from approximately 59 feet at the east end to approximately 22 feet at the west end; thus, the effective variance is for a maximum 78 feet. An extensive discussion ensued and the Secretary noted that the request had merit when measured against the rather unique circumstances and the standards for a variance. He explained that the R-1 parcel was the church site and that it was so zoned because the church was located there at the time of the adoption of the Zoning ordinance. He noted further that the church site was noted as such in the Com- prehensive Plan and that it was likely the site would have been zoned R-5 or I-1 con- sistent with the other land east of Humboldt, south of 69th Avenue, had the church not been there. He commented that the buffer requirement was intended to provide substantial screen- irg between industrial uses and residential uses--primarily dwellings . He commented the only single family duelling was the church parsonage located at the far end of the parcel on Humboldt Avenge and that any addi- ticnal single family dwelling construction on th.,a parcel would require replatting, which would definitely not be in order as a matter of good planning. He commented further that likely future uses of the west portion of the R-1 parcel included sale and rezoning to I-1, or expansion of the church parking facilities . Regarding the second variance, the Secretary stated the request also involved Section 35-413 which provides that when a proposed I®1. development faces any residential use across a dedicated street, at least a 50 foot wide buffer strip shall be provided along said street. He noted that the proposed I-1 development abuts an approximate 90 foot length of a 30 foot wide dedication of the proposed Irving Avenue which extends southerly from 69th Avenue North. He commented the use on the -5- 9/5/74 other aide is R-5; specifically, parking and rear yards of apartment sites and vacant lots. He explained that the remaining approximate 790 feet of the east boundary of the I-1 site abuts R-5 directly. He commented that there was no foreseeable warrant for in- stalling Irving Avenue as dedicated, or for extending the dedicated portion to the south. He stated the situation was unique to this parcel of land and that installing a 50 foot buffer for this approximate 90 foot length created a hardship in that it was unnecessary. The Secretary commented that approval of both variances was recommended subject to assurance during site and building plan re- view that substantial buffering or screening measures were taken. Chairman Gross noted that a public hearing has been scheduled and waived a reading of the names in that none of the notified property owners was present. In that regard, the Secretary commented that a meeting had been held involving the pastor of the Berean Church and representatives of B.C.I .P. He stated that the church had voiced no objection to the re- quests . Following further discussion there was a Action Directing Resolu- motion by Commissioner Grosshans seconded tion Recommending Approva by Commissioner Scott directing the pre- of Variances Comprehended paration of resolutions recommending ap- by Application No. 74044 proval of the ordinance buffer requirement (B.C.D.C.) variances as comprehended under .Planning Commission Application No. 74044 submitted by B.C.D.C. , citing the factors discussed and the applicability of the variance standards . The motion passed unanimously. The meeting recessed at 9:45 p.m. and re- Recess sumed at 9:55 p.m. Chairman Gross left the table at this time. Chairman Gross Left The next item of business was further con- Draft Resolution Recommend- sideration of a resolution recommending ing Adoption of Ordinance adoption of an ordinance amending Chapter Amendment to Section 35-900 35-900 relative to the definition of "family" . Commissioner Foreman introduced the following Resolution No. 1974-2 resolution and moved its adoption: RESOLUTION RECOMMENDING ADOPTION OF AN ORDINANCE AMENDING CHAPTERS 34 AND 35 RELATIVE TO THE DEFINITION OF FAMILY The motion for the foregoing resolution was duly seconded by member Cecilia Scott. And upon vote being taken thereon, the following voted in favor thereof: -6- 9/5/74 Commissioners Grosshans, Foreman, Scott, Horan, and Pierce. And the following voted against the same: None. Whereupon said resolution was duly declared passed and adopted. Draft Resolution Reocmmending The next item of business .-,,as consideration Adoption of Ordinance Amend- of a resolution recommending adoption of an ment to Section 35--330 (3) ordinance amending Chapter 35-330 (3) rela- tive to inclusion of warehouse-storage activity as a special use in the I-1 district. An extensive discussion ensued relative to the need for definitions in the ordinance and the Secretary stated that research was currently being finalized in that regard. Further discussion ensued re- garding the concern that truck terminal type activity was not comprehended in this action, noting that it was currently recognized as a separate use in the I-2 district. Commissioner Cecilia Scott introduced the following resolution and moved its adoption: Resolution No. 1974-3 RESOLUTION RECOMMENDING ADOPTION OF AN ORDINANCE AMENDING CHAPTER 35-330 (3) RELATIVE TO SPECIAL USES IN THE I-1 (INDUSTRIAL PARK) DISTRICT. The motion for the adoption of the fore- going resolution was duly seconded by member Patrick Horan. And upon vote being taken thereon, the following voted in favor thereof: Commissioners Grosshans, Foreman, Scott, Horan and Pierce. And the following voted against the same: None. Whereupon said resolution was duly declared passed and adopted. Other Business : In other business the Secretary briefly reviewed the site and building plans com- prehended under Planning Commission Applica- tion No. 74044 and stated that the staff was currently in the process of reviewing them and preparing recommendations. He stated the plans could be ready for Commission review at the study meeting. Adjournment Motion by Commissioner Horan seconded by Com~nissioner Pierce to adjourn the meeting. The motion passed unanimously. The Planning Commission meeting adjourned at 11 :25 p.m. _ �Ieg kol'tl Chairman -7- 9/5/74