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HomeMy WebLinkAbout1975 02-13 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 MEETING CITY HALL February 13 , 1975 all to Order: The Planning Commission met in regular session and was called to order at 8 :09 p.m. by Chairman Carl Gross . oll Call: Chairman Gross, Commissioners Foreman , Engdahl, Pierce and Jacobson. Also present were Director of Public Works James Merila and Director of Planning and Inspection Blair Tremere . Approve Minutes : 2-6-75 Motion by Commissioner Engdahl , seconded by Commissioner Jacobson to approve the minutes of the February 6 , 1975 meeting as submitted. Voting in favor were : Commissioners Engdahl , Jacobson and Pierce Not voting: Chairman Gross , who explained that he was not present for the entire meeting, and Commissioner Foreman, who explained that 'he was absent. Motion passed unanimously. Commissioner Horan Arrived: Commissioner Horan arrived at 8 :11 p.m. Consider Amendments to The first item of business was consideration of Application No. 72010 a proposed amendment to the site and building (Dietrich Company) plans comprehended under Planning Commission Application No. 72010 submitted by the Dietrich Company regarding the townhouse project known as Creek Villas located westerly of Brooklyn Blvd. at Wingard Lane . The item was introduced by the Secretary who stated the original plans were approved on February 28, 1972 , and that 49 of the approved 103 condominium townhouse units and a portion of the approved site improvements had been completed.. He commented that the proposed amendment compre- hended certain design and layout alterations for the remaining 54 units , which , upon approval , would necessitate a replatting of those blocks not yet constructed. He noted however, the changes did not comprehend a change in the number of units nor in the dimensions of the approved blocks , but rather involved an alteration of the. width of interior lots and a relocation of the townhouse units with respect to the lot depth. The Secretary reviewed the submitted information and contrasted it against the approved site plan. He noted that the front yard setbacks of each of the townhouse units would remain unchanged, but that with respect to the interior units , the garages would be detached; with the units moved back on the lots , a courtyard would be created between the townhouse unit and the garage. He noted also that according to information supplied by the applicant, the exterior finish of the remaining units was to be consistent with that used on the existing homes . -1- 2/13/75 Chairman Gross recognized Mr. Tom Johnson who represented the applicant and an extensive discussion ensued during which Mr. Johnson indicated certain units could have single car garages depending on the desires of the buyer,. and he indicated this would be highly probable in the case of a smaller single story type of unit which would be offered. He indicated that the single level unit would have approximately 900 square feet of living area, and would most likely be located at the end or ends of any given block. Chairman Gross inquired as to the status of the approved site improvements . The Secretary responded that before building permits would be issued, a new Performance Agreement and Financial Guarantee would be reinstituted comprehending not only the balance of the project, but also the proper completion of, landscaping and utility work throughout the site. Chairman Gross announced that neighboring property owners , including the existing home owners of the Creek Villas complex, had been notified of the meeting consistent with the Commission's policy to seek input from the immediate neighbors of a project of this magnitude . He briefly commented as to the function of the Planning Commission as an advisory body and stated that while this was not a formal required public hearing, testimony would be taken for' the record. A number of residents , including the following who were identified, stated their concerns as to the ramifications of the proposed changes upon the existing units and the value of their properties : residents of 4805 and 4807 Wingard Lane ; 7109 Perry Ave. No. ; 7107 Quail Circle East ; 5002 , 5006 and 5008 Wingard Zane , 7202 Perry Court West ; and 7202 Perry Court East. An intense discussion ensued and in response to several inquiries , Mr. Johnson stated that the single story units as well as all the remaining units were intended to have full basements , In response to a question by Commissioner Pierce , the Director of Public Works stated that the staff had not been aware of proposed basements since the other units in the project did not have standard below grade "full" basements . He noted his concern as to the ramifications of the elevations of the vacant lots , particularly on the north side of the complex near the Shingle Creek right-of-way. He stated that while specific data had not been provided regarding this type of construction, he estimated that , to properly construct a full two level unit with abasement , the structure would have the appearance of a three story building. Chairman Gross recognized Mr. Leon Knight , 7109 Perry Ave. No. , who ' stated that he was the current president of the Creek Villas Homeowner' s Assn. He stated that he personally sought a clarification of data, and as a representative of the Homeowner' s Assn. , had some general concerns involving ram- ifications of the amendment upon designated open 2/13/75 -2- areas; effect upon the exterior of the proposed units(to Which Mr. Johnson stated the same exterior materials would be used) ; the status of the road- ways throughout the project ; and the general intended price range of the units. Mr. Knight emphasized his opinion that it was in the best interest of the present homeowners to have the project completed, but that he felt there was certain information lacking in the presentation to better describe the proposed changes . Mr. Knight also stated that he wished to personally disassociate himself with certain individuals who had made comments to the effect that units marketed at lower price ranges would generate allegedly detrimental social and economic effects upon the entire project. In response to a question from the audience , Mr. Johnson stated the applicant felt the proposed changes were necessary primarily due to a need for a style change rather than financing concerns . This was disputed by several members of the audience, and Mr. Johnson stated that it was the primary intent of the developer to complete the project, As to the physical layout of the proposed units , several residents stated their concern that some of the new structures would be located closer to existing structures , and they viewed this rather negatively since they had purchased homes with the understanding that there would be a certain amount of open space between buildings . At the conclusion of the input from the notified property owners , the Secretary stated one basic issue was quite clear, namely there was a lack of clear descriptive information and graphics representing what the developer actually intended to build in the remainder of the project . He emphasized that several comments by the developer involved proposals which had not been indicated to the staff, and thus had not been reviewed. Chairman Gross then polled the Commissioners as to disposition of the application. Commissioner Horan stated that it was obvious additional graph, ics and other descriptive data were necessary to better determine what the developer intended to market and construct. Commissioner Jacobson agreed. Commissioner Pierce stated that while he appreciated the merit of having a variation of the design and magnitude of units in a complex of this size , he did not feel an across-the-board size reduction was appropriate. He suggested perhaps a "model"block could be constructed at the already constructed tract office. He agreed there was a need for additional descriptive data. Commissioner Engdahl stated that not only was further data necessary, but as in the case of other similar projects , he felt perhaps an in- formal information meeting with neighboring property owners would be appropriate prior to further Planning Commission consideration. With respect to the proposed smaller single story units , he commented that a unit of this size was often ideal for an elderly couple and suggested that it should not be dismissed because of its size . �3- 2/13/75 Commissioner Foreman stated that he could only favor tabling the application at this time , and that if a vote were in order, he could only move against the proposal as presented. He stated one of his considerations was the rights of the homeowners and that there was not only a need for a better definitive information , but consider- ation should be also given to define percentage of minimum size units to be permitted in the project Chairman Gross stated that he generally agreed that there was a need for additional more concise information and that the appropriate action would be to table the matter. He stated that it was essential the Commission be able to clearly see the extent of compatability with the proposed changes and that of the existing units . Following a brief discussion , there was a motion Action to Table Further by Commissioner Foreman, seconded by Commissioner Consideration of Amend Horan to table further consideration of the ments to Application proposed amendments to Planning Commission No, 72010 Application No. 72010 , to enable the applicant (Dietrich Company) the opportunity to develop and submit more concise information and graphical data showing what the developer intends to construct; and to enable the developer to arrange an inform- ational meeting with neighborhood residents prior to further Planning Commission consideration. Motion passed unanimously, The meeting recessed at 10 : 30 p .m. and resumed Recess at 10: 45 p.m. The next item of business was consideration of Consider Application Planning Commission Application No. 74Q57 No. 74057 (Arthur submitted by Arthur Treacher' s Fish and Chips , Treacher's Fish and Inc. The item was introduced by the Secretary Chips) who stated that pursuant to the site and building plan approval contained in Application No. 74056 , the applicant had prepared a pre- liminary plat for the property at 6100 Brooklyn Blvd. A brief discussion ensued and the Director of Public Works commented as to the features of the proposed plat. Motion by Commissioner Foreman, seconded by Action Recommending Commissioner Pierce to recommend approval of Approval of Application Planning Commission Application No. 74057 No. 74057 submitted by Arthur Treacher' s Fish and Chips , (Arthur Treacher' s , Inc. ) Inc. , subject to the following conditions . 1. The final plat is subject to the requirements of Chapte=r 15 of the City Ordinances . 2 . The final plat is subject to review by the City Engineer. Motion passed unanimously. The next item of business was introduced by Consider Application the Secretary who stated that regardi4g another No. 74056 condition of approval contained in Application (Arthur Treacher' s ,Inc. ) No. 74056 for Arthur Treachgr' s , the applicant had submitted a detail of the proposed out- side patio tables which would be used in fair weather months . The Commission briefly reviewed the specifications for the tables and . 2/13/75 7,4-, Chairman Gross ,recognized Mr. John Rothstein, who stated that the umbrellas for the tables would be taken in at night and would be removed in the fall. The Secretary commented that the approved plans indicated. no more than three such tables would be. located on the patio. Action Recommending Approval Following a brief discussion , there was a motion of Application No. 74056 by Commissioner Foreman , seconded by Commissioner (part) (Arthur Trencher' s , Jacobson to recommend approval of the outside c. ) patio seating per the specifications submitted by the applicant, noting that such seating is restricted to three tables and that the umbrellas for said tables will be removed at night and in the fall. The motion passed unanimously. Consider Application No. The next item of business was consideration of 75002 (Richard Zejdlik) Planning Commission Application No. 75002 sub- mitted by Mr. Richard Zejdlik. The item was introduced by the Secretary who explained that , pursuant to a condition of approval contained in Planning Commission Application No. 71028 , which comprehended site and building plans for the 'Marvin Garden Townhouse complex at 68th and Orchard Avenues North, the applicant had sub- mitted a preliminary plat for the area. He explained that since the complex consisted of rental units rather than condominium, individ- ually owned units , the plat comprehended the entire site and there were no individual lots or outlots. He stated the area of the site was 5 . 97 acres . A brief discussion ensued and the Director of Public Works commented as to the features of the plat and the surrounding area , noting that a portion of Orchard and 67th Avenues North had been vacated by the City Council . Action Recommending Approval In response to a question by Commissioner Horan , of Application No . 75002 there was a brief discussion as to the timing of (Richard Zejdlik) the platting process . Motion by Commissioner Horan , seconded by Commissioner Pierce to recommend approval of Planning Commission Application No. 75002 submitted by Richard Zejdlik subject to the following conditions : 1. The final plat is subject to the requirements of Chapter 15 of the City Ordinances . 2 . The final plat is subject to review by the City Engineer. The motion passed unanimously. Consider Application No. The next item of business was consideration of 75003 Planning Commission Application No. 75003 , sub- . and Mrs . Harstad) mitted by Mr. and Mrs . Keith Harstad. The item was introduced by the Secretary who explained the proposed plat comprehended a portion of the property known as Lot 2 , Block 1 , Shell ' s Brooklyn Center Addition, located at 413 66th Avenue North. He stated that address was the site of a small commercial center which had been approved by the City Council on September 17 , 1973 (Application No. 73028) . A brief discussion ensued during which it was recalled that the City Council had specifically recommended that the developer consider replatting -5- 2/13/ 75 the subject property since the parcel was a relatively small portion of the larger tract. The Secretary commented that the record showed the applicant declined, acknowledging he was aware of the possible ramifications for tax assessment purposes. The Secretary further commented that nonetheless , the applicant had made two unsuccessful attempts to file a title creating subdivision with the County culminating in the present application. Chairman Gross recognized Mrs , Harstad, who commented that it was the applicant' s intent to separate the commercial center site from the larger tract of land which` sbe explained was owned by one R. C. Ernst. Mrs. Harstad inquired as to the requirement for platting and the Secretary explained that the state law mandated that wherever a local 'jurisdiction had sub- division regulations in force , any division of property into two or more parcels required a resolution of approval of that governing jurisdiction. He further explained that Brooklyn Center did not condone replattng by metes and bounds description for commercial sites such as this . During the further discussion, the Secretary commented that the site and building plan application for the commercial center had included an approved master conceptual plan of the entire area, and reference would be made thereto at the appropriate time when the remainder of the site is developed. Motion by Commissioner Jacobson, seconded by _ Action Recommending Approva Commissioner Engdahl to recommend approval of of Application No. 75003 Planning Commission Application No. 75003 (Mr, apd Mrs . Harstad) submitted by Mr. and Mrs . Keith Harstad subject to the following conditions : 1. The final plat is subject to requirements of Chapter 15 of the City Ordinances . 2 . The final plat is subject to review by the City Engineer. The motion passed unanimously. In other business , the Secretary stated that Other Business : a pending discussion item involved the review Subdivision and Land Use of City subdivision policies , particularly Policies in S.E . and S . W. in the Southeast and Southwest neighborhoods , Neighborhoods consisting of many substandard or non-uniform parcels , some of which had never been formally platted. He stated the Planning Department was in the process of developing a staff analysis which would be presented to the Commission at a forthcoming study session , but he also noted that there had been several inquiries from developers regarding variance applications to permit the creation of lots which would be less than 75 feet in width. The Secretary stated that he had explained to the ,inquirers that the matter was under study and that variance applications would likely be tabled until the Planning Commission analysis was complete . The Secretary then inquired as to 2/13/ 75 -.6- whether that was a correct assessment. Chairman Gross determined that it was the con- sensus of- the Planning Commission that since the matter of subdivision and land use policies in the Southeast and Southwest neighborhood were priority items for Commission review, applic- ations for variances to permit creation of sub- standard lots should be discouraged, and further if such applications should nonetheless persist , the Commission should consider recommending the establishment of a moratorium of short duration for such action. Adjournment : Motion by Commissioner Foreman, seconded by Commissioner Horan to adjourn the meeting. The motion passed unanimously. The Planning Commission adjourned at 11 : 40 p.m. Chairman -7- 2/13/75