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HomeMy WebLinkAbout1975 04-10 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 April 10 , 1975 Call to Order: The Planning Commission met in regular session and was called to order at 7 : 35 p.m. by Chair- man Carl Gross . Roll Call : Chairman Gross , Commissioners Scott, Foreman, Pierce, Horan and Jacobson. Also present was Director of Planning and Inspection Blair Tremere. Approve Minutes Motion by Commissioner Foreman, seconded by 3-31-75 Commissioner Pierce to approve the minutes of the March 31, 1975 meeting as submitted. Voting in favor were : Commissioners Foreman, Scott, Pierce, Horan and Jacobson. Not voting : Chairman Gross , who explained that he was not present at that meeting. Motion passed Application No. 75005 Following the Chairman' s explanation, the first (Charlie Sellars) item of business was consideration of Planning Commission Application No. 75005 submitted by Mr. Charlie Sellars, 1703 59th Avenue North. The item was introduced by the Secretary who explained the applicant was seeking preliminary plat approval of a proposed subdivision of his property into two lots . He explained that in 1964 , the Council had approved such a division by metes and bounds description (Application No. 64017) consisting of a 78 . 3 x 126 foot corner lot at 59th and James Avenues North and an adjacent interior lot. of 75 x 126 feet. Chairman Gross recognized the applicant and an extensive discussion ensued relative to Mr. Sellar' s request that the proposed division line be adjusted to enlarge the corner lot, upon which his dwelling was located, which would create an 81 x 126 foot corner with a 72 x 126 foot interior lot.. Mr. Sellars explained that he would be removing a garage from the proposed interior lot and would prefer to allow area for a driveway onto James Avenue, rather than onto 59th. Avenue North. He stated there were a n unber of trees in the side yard which would have to be removed if the driveway were to be extended onto 59th Avenue North. A brief discussion ensued as to the circumstances and the ramifications of approving two substandard lots rather than one substandard corner lot and one full sized lot. The Secretary stated that an analysis of the corner lot in the area indicated that over two- thirds of such lots were smaller than the proposed 78 foot corner lot. Commissioners Scott and Foreman indicated that there was merit in allowing for a larger corner lot, particularly in consideration of the exist- ing trees which would have to be removed to provide for a driveway. In further discussion, the Secretary explained that at the present time , -1- 4/10/75 the plat indicates approvimately 11 feet between the existing dwelling and the proposed lot line, and if the applicant ' s request were granted, there would be approximately 14 feet which would be adequate for a residential driveway. Following further discussion, there was a motion Recommend Approval of by Commissioner Foreman, seconded by Commissioner Application No. 75005 Scott to recommend approval of Planning Commission (Charlie Sellars) Application No. 75005 submitted by Mr. Charlie Sellars , noting that the corner lot width of approximately 81. 3 feet and the interior lot width of 72 feet, in consideration of existing trees located on the site; and subject to the following conditions . 1. Final plat is subject to the requirements of Chapter 15 of the City Ordinance. 2. Final plat is subject to review by the City Engineer. The motion passed unanimously. The next item of business was consideration of Application No. 75004 Planning Commission Application No. 75004 (.Ryan Oldsmobile) submitted by R. C. Ryan Oldsmobile, Inc. The item was introduced by the Secretary, who explained the applicant was seeking a variance from the sign ordinance to permit roof signery in excess of the ordinance height limitations . He stated that permitted roof signery, in lieu of freestanding signs , may be no more than 6 feet above the roof line . He stated the proposed signery would be approximately 33 feet above the point where the wall departs from the vertical plane, thus the variance was for approximately 27 feet. He further explained the signery would replace existing roof signery, consisting of the name "Velie" on the three fascia panels on top of the showroom building. He stated the total signery for the establishment was currently non-conforming , since there were several free- standing signs, in addition to the roof signery, all of which were erected prior to the present ordinance. He commented also that the applicant had proposed to bring the signery into conformance by eliminating all existing freestanding signery should the roof signery be approved. He stated the ordinance would permit two freestand- ing signs of up to 250 square feet in area and up to 32 feet high, and the proposed roof signery would be in lieu of those. Chairman Gross recognized Mr. Conaway, who represented the applicant, and an extensive discussion ensued as to the contended hardship that additional height was needed at this location because of sight obstruction due to the terrain and the FAI 94 overpass at Brooklyn Blvd. The Secretary commented the field data, based upon the sighting of the present signery of the tower fascia, supported this contention. During further discussion, it was determined that the condition was not common generally to other C-2 property, although similar height variances for freestanding signs had been granted to Iten Chevrolet and Holiday Inn for comparable reasons . 4/10/75 -2- In further discussion, Commissioner Foreman inquired as to the area of the proposed sign, versus the area of the existing signery, and the Secretary responded that the proposed signery was 125 square feet in area (as permitted by the sign ordinance) , versus the 86 square feet of the present signery. Commissioner Pierce inquired as to the color and the lighting and Mr. Conaway responded that the individual lettering would consist of red and blue internal neon lighting against the white background. Commissioner Foreman stated there appeared to be merit in the request given the terrain, the obstruction of the freeway overpass , and the comparability with similar height variances. He stated however, he was concerned with estab- lishing precedent, and that in keeping with previous approvals for such requests , a resol- ution should be drafted specifying the conditions and the rationale. Chairman. Gross noted a public hearing had been scheduled and that none of the notified property owners was present. He recognized Mr. Cooper , 6712 France Avenue North , who stated concerns relative to site alterations and fence mainten- ance. Chairman Gross explained that subject would be discussed later in the meeting, Direct Resolution Following further discussion, there was a motion Recommending Approval by Commissioner Foreman, seconded by Commissioner f Application No. 75004 Pierce to direct. the preparation of a resolution (Ryan Oldsmobile) endorsing the request cont.ai-ned in Planning Commission Application No 75004 submitted by R. C. Ryan Oldsmobile, Inc . , noting partycularly the physical conditions including the obstruction of the freeway overpass and the following conditions : 1 . The proposed signery shall not exceed the height of the existing roof signery. 2 . The roof signery shall be in lieu of all freestanding identification signery. 3,. All existing freestanding identification signery shall be eliminated. In further discussion , Commissioner Horan inquired as to the reason for a resolution , and the Secretary commented that the format of a resolution is commonly used for disposition for variance and rezoning matters to insure the establishment of a clear record of legislative intent for both historical and legal purposes . Chairman. Gross then called for a vote . The motion passed unanimously. Review of Ryan Oldsmobile In a related matter, the Secretary informed Special Use Permit and the Commission that the Inspection Department Site Plan had become aware of unauthorized site work which had commenced at the site of Ryan Olds- mobile. He stated that investigation showed that several mature trees as well as several large concrete planters , required by the approved site plan, had been removed. He stated that the work had been stopped, and the manage- ment of Ryan Oldsmobile indicated they per- -3- 4/10/75 ceived the need for additional space for new car storage, and also had determined that the planters and trees were obstructions as to traffic flow and parking. The Secretary stated that the management had been informed that any major amendments to the approved site plan must receive City Council approval and recommended the matter be reviewed in the context of the applicant' s special use permit, which had been approved earlier in the year (Application No. 75001) , and at which time the site plan had been reaffirmed as to various improvements Chairman Gross recognized Mr. Conaway, who represented the owner, and stated that they had not been aware of the City ' s requirement for prior approval before commencing site work, but that they had also found it difficult to store cars, to remove snow, and had determined a need for additional space. The Secretary commented that the Inspection Department had observed substantial congestion on the site due to location of new cars and used cars , to the extent that those areas designated for storage purposes were spilling over into areas designated for driving and parking . He stated that if alterations were to be made as to the use or features of the site plan, the plan should be revised to accurately reflect the existing conditions as well as proposed alterations for review and approval by the City. Commissioner Foreman stated that he was very disturbed as to the removal of mature trees which were existing on the site when Velie Oldsmobile was established and that in his opinion, the applicant should replace the trees and planters as indicated on the existing site plan. He stated that if amendments were to be proposed to the site plan, they should be submitted to the City for review and disposition this spring so that required site work could be completed during the present construction season. The Secretary commented that a design consultant who had prepared the plans for Velie Oldsmobile, had contacted the Planning and Inspection Depart- ment, indicating that Ryan Oldsmobile proposed the preparation of such an amendatory plan. He stated he expected to meet with the individual shortly. Chairman Gross recognized Mr. Donald Cooper, 6712 France Avenue North, who stated that while he was not an immediate abutting neighbor of the subject establishment, he did live in the vicinity, and had been concerned along with other neighbors about the upkeep of the dealership. He stated he had noticed the unauthorized work and had brought it to the attention of the City, and was concerned that any proposed improvements to the site be thoroughly reviewed by the City. Chairmam Gross responded and indicated that it would be appropriate for Mr. Cooper and other concerned citizens to convey their feelings to the management of the dealership, and Mr. Conaway acknowledged that the dealership would welcome suggestions and input from the neighborhood. 4/10/75 -4- Mr. Conaway indicated that it was their intent to proceed with the preparation of an updated site plan indicating proposed alterations , and felt the appropriate doctunentation could be provided shortly. Commissioner Foreman suggested that a definite time be established so that the item could be considered at the April study meeting. Commissioner Horan stated the importance of having neighborhood input and that the immediate neighborhood should be informed of the proposed changes. Defer Further Consideration Following further discussion there was a motion of Special Use Permit and by Commissioner Horan, seconded by Commissioner Site Amendments Scott to defer consideration of the Ryan Olds- (Ryan Oldsmobile) mobile special use permit and unauthorized site work until the study meeting , to permit the applicant time to prepare an updated site plan with proposed revisions to be submitted to the City by April 18, 1975. Motion passed unanimously. Application No. 75006 The next item of business was consideration of (Dennis Youmans) Planning Commission Application No. 75006 submitted by Dennis Youmans. The item was introduced by the Secretary who stated the applicant was seeking permission to conduct a small appliance repair shop from his home at 2907 Nash Road. Chairman Gross recognized the applicant, who explained the nature of the proposed use as involving minor repairs and electrical wiring of appliances to possibly include small tele- visions and radios. He explained that it was his intent to pick up and deliver the work , although through advertising , he could indicate his address as being in the vicinity of Brook.- dale, and people could perhaps drop off applian- ces for repair. Chairman Gross inquired whether the applicant was aware of the prohibition of retail sa.l.es in the R-1 district, and also inquired as to the proposed hours of operation. The applicant explained that he was aware that retail sales were not permitted and that his proposed hours of operation would be Monday through Saturday from 8 :00 a.m, to 5 :00 p.m. Chairman Gross noted that a public hearing had been scheduled and that none of the notified property owners was present. Motion by Commissioner Horan, seconded by Commissioner Jacobson to close the public hearing. The motion passed unanimously. ecommend Approval Following further discussion, there was a motion f Application No. 75006 by Commissioner Scott, seconded by Commissioner IDennia Youmans) Foreman to recommend approval of Planning Commission Application No. 75006 submitted by Dennis Youmans subject to the following conditions : 1. Retail sale of merchandise is expressly prohibited. -5- 4/10/75 2. The permit shall be issued to the applicant as operator of the facility and shall be non-transferable. 3. The permit is subject to all applicable ordinances requirements and violation thereof may be deemed grounds for revocation. 4 . Hours of operation shall be : Monday - Saturday, 8 : 00 a.m.-5 : 00 p.m. 5. The permit shall be subject to review in one year. The motion passed unanimously. The next item of business was consideration of Application No. 75008 Planning Commission Application No. 75008 (Barbara Mielke) submitted by Barbara Mielke. The item was introduced by the Secretary, who stated the applicant seeks permission to operate a beauty shop in her home located at 7230 Bryant Avenue North. He stated the premises had been inspected by the Building Official, who reported no problems . He stated considerations should he given to establishing the hours of operation. Chairman Gross recognized the applicant and inquired as to the nature of the operation. The applicant explained that there would be one chair and the work would be done by appointment only. In further discussion, the applicant explained that the hours of operation would be from 8:00 a.m. to 5 : 00 p.m. on Saturday and by appointment during weekday evenings , before 9 :00 p.m. Chairman Gross noted that a public hearing had been scheduled and noted that none of the notified property owners was present. There was a motion by Commissioner Scott, seconded by Commissioner Foreman to close the public hearing, The motion passed unanimously. Commissioner Foreman stated his concern with the hours of operation, and the applicant explained that no appointments would be taken after 9.:00 p.m. , although there may be persons still at the house. Following further discussion, there was a motion Recommend Approval by Commissioner Foreman, seconded by Commissioner of Application No. 75008 Pierce to recommend approval of Planning (Barbara Mielke) Commission Application No. 75008 submitted by Barbara Mielke subject to the following conditions : 1. The permit shall be issued to the applicant as operator and shall be non-transferable. 2. The use is subject to applicable laws and ordinances and violation thereof shall be deemed grounds for revocation. 3. A current copy of the State operator' s license shall be kept on file with the City. 4/10/75 -6- 4 . The hours of operation shall be : Monday-Friday No later than 9 :00 p.m. Saturday 8 :00 a.m. - 5 : 00 p.m. 5. The permit shall be subject to review in one year. The motion passed unanimously. pplication No. 75009 The next item of business was consideration of Charles Greenwood) Planning Commission Application No. 75009 submitted by Mr. Charles Greenwood. The item was introduced by the Secretary, who explained the applicant was seeking permission to expand his present home occupation to include printing equipment in his detached garage. He stated the applicant presently has a home occupation, consisting of a design art studio in the base- ment of his home. He presented photographs of the applicant' s property indicating the location of the garage and noted that it abutted a garage on the neighboring property. Chairman Gross recognized the applicant and an extensive discussion ensued. Chairman Gross stated it was important to determine that the use in general, and the use of the garage in particular, were clearly secondary and incident- al to the residential character of the premises . He inquired of the applicant whether it was understood that retail sale of merchandise was not permitted and inquired as to the hours of operation. The applicant stated that as an extension of his present design studio, he had the opportunity to purchase a small offset printing press, a paper cutter and a printing plate maker. He stated his business was not orieftt6d to the general public and definitely was not an "Insty- Print" type of business. He stated that he normally prepared art work which was actually printed elsewhere in magazines and other media for national distribution. He stated the additional equipment would allow him to produce letterhead and envelopes, but that all of his work would be contracted with major suppliers and not the general public. Chairman Gross noted that a public hearing had been scheduled and that none of the notified property owners was present. Motion by Commissioner Scott, seconded by Commissioner Horan to close the public hearing. Motion passed unanimously. During further discussion, the applicant explained that his hours of operation were flexible, and that in fact, since he worked from his home, he often worked at night. He stated he would prefer to utilize the equipment in his garage when necessary, as late as 10 :00 p.m. , so that next-day service could be provided. Commissioner Foreman stated that it had been the general policy of the Planning Commission to limit such home occupation activities to no no later than 9 :00 p.m. in consideration of potential neighborhood disruption and noise. He -7- 4/10/75 stated his primary concern was with the proposed activity in the detached garage and did not relate to the applicant' s business activities in his dwelling. In that regard, Commissioner Gross inquired as to the language of the zoning ordinance provision for special home occupations , namely whether a use within a dwelling can be expanded to include an accessory structure. He recalled that there had been discussion when the ordinance section was amended to the effect that a special home occupation could occupy either space within the dwelling, or not more than one accessory use. The Secretary responded that while there was perhaps a question of interpretation, past Council approvals of special home occupations involving detached garages for example , had comprehended activities in the dwelling as well. He noted for example, several small engine repair businesses , which according to the applicants, might involve activity in the basement so to avoid any undue noise or disturbance outside, particularly in the summer months. Following further discussion, there was a motion Recommend Approval by Commissioner Jacobson, seconded by Commissioner of Application No. 75009 Scott to recommend approval of Planning Commission (Charles Greenwood) Application No. 75009 submitted by Mr. Charles Greenwood, subject to the following conditions : 1. The permit shall be issued to the applicant as operator and shall be non-transferable. 2 . The use is subject to applicable ordinance requirements and violation thereof may be deemed grounds for revocation. 3. Retail sale of merchandise from the premises is expressly prohibited. 4 . Activity and equipment in the garage shall not restrict its use for vehicle storage and accessory uses , and the primary business activity shall be located in the dwelling. 5 . Hours of operation with respect to use of the garage shall be not later than 9 :00 p.m. , Monday through Saturday. 6 . The permit shall be subject to review in one year. The motion passed unanimously. The neeting recessed at 10 :00 p .m. and resumed Recess at 10 : 15 p.m. The next item of business was consideration of Application No. 75010 Planning Commission Application No. 75010 (Dennis Madden) submitted by Mr. Dennis Madden. The item was introduced by the Secretary who stated the applicant seeks approval of plans for two 10 stall garages on the site of the Unicorn Apartment complex , 3907-3911 65th Avenue North. He stated the complex was constructed in 1962 (Application No. 62035) . 4/10/75 -8- The Secretary explained that there are 54 units requiring 108 parking spaces , and that the site plan indicated 109 spaces including the garages. He noted that one garage stall was also indicated for use as a utility area. Chairman Gross recognized Mr. Phil Johnson, the architect representing the applicant , and an extensive discussion ensued regarding the site plan. Particular attention was directed to the provision for screening of the freestanding trash containers, and Commissioner Foreman recommended that typical three-sided fencing be provided around each of the containers utilizing materials compatible with the garages . During further review, it was noted that the garages would be wood-frame, utilizing an exterior siding which would be compatible with the wood treatment found on the apartment buildings, which also include a brick fascia. The Secretary noted that brick fascia was not indicated for the garage buildings. The Secretary also noted that a certain amount of site restoration would be required, "particul.arly of the pavement, which would be disturbed during the construction of the garages . Mr. Johnson stated that the applicant was striving to upgrade the complex and had substantially improved the management and the appearnace since acquiring the property approximately one year ago. He stated the applicant felt only a certain amount of improvements could be afforded and thus he would not be in favor of screening the trash enclosures at this time. Chairman Gross stated that consistent with est- ablished Commission policy, outside trash disposal units should be screended, and that in those areas of existing developments where such screening had not originally been required, it should be pro- vided when major improvements are made. The Secretary commented that, given the magnitude of the garage construction project, it was reason- able to require screening of the three indicated trash enclosures utilizing the materials provided in the garages. Commissioner Foreman agreed and stated that it was virtually inconceivable that such a relative minor requiremipnt could be deemod objectionable since active construction and materials would be present on the site. The Secretary commented that some apartment projects in the City had elected to have the trash disposal containers in an extra garage stall, rather than having freestanding screened units. He stated that this option was open to the applicant. Mr. Johnson responded that it was unlikely the applicant would want to eliminate a rentable garage stall for purposes of contain- ing the trash containers. Recommend Approval of Following further discussion and review of the Application No. 75010 plans , there was a motion by Commissioner Pierce, (Dennis Madden) seconded by Commissioner Foreman to recommend approval of Planning Commission Application No. 75010 submitted by Dennis Madden subject to the following conditions : -9- 4/10/75 1. Building plans are subject to review by the Building Official with respect to applicable codes prior to the issuance to permits. 2 . A performance agreement and financial guarantee (in an amount to be determined by the City Manager) shall be submitted to insure completion of approved improvements. 3. All outside trash disposal containers shall be appropriately screened and shall be aesthetically compatible with the proposed accessory structure. Further discussion ensued and Commissioner Horan Further Discussion of suggested that the Commission should consider Application No. 75010 the owner' s efforts to upgrade the complex and recognize possible difficulties he would have in providing unintended improvements. The Secretary responded that whereas the applicant had made certain improvements to the site and had upgraded the management, the levels achieved were no more than what would be normally expected .. for such a complex. He stated that while those efforts were appreciated, the screening requirements by the City in the case of existing and new complexes supported the recommendation. Chairman Gross recognized Mr. Johnson, who stated the applicant had indicated that he may very well elect not to upgrade the project with the construction of the garages if additional requirements , such as the trash enclosures , were mandated by the City. Commissioner Foreman stated that he found such Withdrawl of Second, an attitude almost incredible, considering the to Motion magnitude of the issue and the proposed improvement. He withdrew his second to the motion. The Secretary commented that both the Inspection and Engineering Departments had met with the applicant several times since last summer regarding the proposed garages, and that Mr. Johnson was accurately reflecting the attitude of the applicant with respect to the need for possible additional site improvements. He noted that an extraordinary amount of time had been spent by the staff working with the applicant to derive the basic site and building plans which were before the Commission. He stated that the staff had repeatedly indicated to the applicant the likelihood that the Commission ' s consideration would include such things as screening of open parking areas and trash enclosures. Chairman Gross called for a second to the motion, Motion Seconded and Commissioner Scott offered her second, noting that the recommendation should be made to the Vote on Motion Council and that if the applicant felt he could (Affirmed) not proceed with the construction of garages due to objection to screening the trash enclosures, that was his perogative. Chairman Gross called for a vote. Motion passed unanimously. In other business, Commissioner Foreman reported Other Business : on the April 19 , 1975 , Brooklyn Park Planning Commission meeting, wherein the rezoning proposal 4/10/75 -10- for the northeast quadrant of 73rd Avenue North and T. H. 169 was considered. He stated the Brooklyn Center Planning Commission and City Council resolution was presented and read at the meeting, and that a number of residents from both Brooklyn Center and Brooklyn Park were present. He stated that the Planning Commission took action recommending disapproval of the applic- ation. He said the matter would be monitored as as it proceeded to the City Council. In other business , future meeting dates were discussed, and the regular May meeting was set for the 22nd. In other business , discussion ensued as to the Comprehensive Plan review and land subdivision policies in the Southeast neighborhood. The matter was deferred unitl the study meeting . Adjournment: Motion by Commissioner Foreman, seconded by Commissioner Jacobson to adjourn the meeting. Motion passed unanimously. The Planning Commission meeting adjourned at 11 :45 p.m. ��/ zt� Chairman -11- 4/10/75