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HomeMy WebLinkAbout1975 07-10 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 JULY 10, 1975 Call to Order: The Planning Commission met in regular session and was called to order at 8:00 p.m. by Chairman Pro tem Robert Foreman. Roll Call : Chairman Pro tem Foreman, Commissioners Engdahl , Scott, Horan, and Pierce, Also present were Director of Public Works James Merila and Dire:ctx-):r of Planning and Inspection Blair Tremere. Chairman's Explanation Following the Chairman's explanation, the first Approval of Minutes: item of business was approval of the June 26, 1975 6-26-75 minutes as submitted. Motion by Commissioner Pierce seconded by Commissioner Scott to approve those minutes... The motion passed unanimously. Draft Resolution Regarding The first item of business was consideration of Disposition of Application a resolution recommending denial of Planning No. 75012 Commission Application No. 75012, submitted by (Titus, Inc. ) Titus, Incorporated. The Secretary explained that a draft resolution had been prepared at the Commission' s direction of June 26, 1975, Commissioner Jacobson Arrives Commissioner Jacobson arrived at 8:05 p.m. Resolution Nob 75-4 Following a brief discussion, member Cecilia Scott introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 75-4 RESOLUTION RECOMMENDING DENIAL OF PLANNING COMMISSION APPLICATION N0,, 75012 SUBMITTED BY TITUS, INCORPORATED WHEREAS, Planning Commission Application No, 75012 was submitted by Titus, Inc. , on April 30, 1975, requesting rezoning from C1-A to C-2, of that property described as part of Tract A, R.L.S. No. 1262 bounded by County Road No. 10, Northway Drive, T.H. 152 and York Avenue North, extended; and WHEREAS, the required public hearing was conducted before the Commission on May 22, 1975 at which time public testimony was taken from notified property owners; and WHEREAS, the application was tabled for further consideration and referred to the Central Neighborhood Advisory Group for additional review; and WHEREAS, the Advisory Group met on June 18, 1975 and submitted a letter dated June 24, 1975 recommending that the zoning should remain unchanged; and WHEREAS, the Commission reheard the application on June 26, 1975, taking additional testimony from the owner and neighboring property owners; and WHEREAS, the commission reviewed in detail the provisions of the Comprehensive Plan relative to the property, and contrasted the uses permitted in the Cl-A and C-2 districts; NOW, THEREFORE, BE IT RESOLVED, By the Planning Commission of the City of Brooklyn Center: That the Commission recommends to the City Council denial of Application No. 75012 submitted ty Titus, Inc. , noting the following: -1- 7/10/75 to The high exposure of the subject parcel to the neighboring residential property and the intensification of that exposure which would be realized with C-2 retail development. 20 The necessity for additional C-2 zoned land in the community is not perceived as a matter of sound land use planning; particularly in consideration of the substantial amount of land so zoned which is currently available for retail development. I The provisions of the Comprehensive Plan which views the subject parcel as service/office in character rather than retail . 4e The adherence to the consistent general policy to avoid the abutment of large C-2 tracts against single family residential properties, Dated Secretary Chairman The motion for the adoption of the foregoing resolution was duly s.pacaiided _by member Pat Horan and upon vote being taken thereon, the following vof"ed in favor thereof: Commissioners Foreman, Scott., Engdahl , Pierce, Horan, and Jacobson" The following voted against the same: None,, Whereupon said resolution was duly declared passed and adopted. The next item of business was consideration of Application No., 75019 Planning Commission Application Noe 75019, submitted (Cynthia Pierce) by Cynthia Pierce, 3313 Lawrence Road, Commissioner Pierce excused himself from the proceedings noting his relationship to the applicant,,, The item was introduced by the Secretary who stated the applicant proposes a single-chair beauty shop in her basement, He stated there was adequate parking and the applicant had been informed of the code requirements regarding direct access. Chairman Pro tem Foreman explained that a public hearing had been scheduled and that property owners within 150 feet had been notified, He recognized the resident of 3311 Lawrence Road, who stated he felt the use would be a commercial activity and thus represented a depreciating force on surrounding residential properties. He stated he was opposed to the application, Chairman Pro tem Foreman also recognized the residents of 3300, 3318, and 3312 Lawrence Road who stated they had no opposition to the request, Mrs. Jarasz, 3312 Lawrence Road also stated her concern that the operation be for a single operator to assure retention of the low traffic in the area. She also inquired as to whether permits were transferable to possible future occupants of the property, and the Secretary responded in the negative. Motion by Commissioner Jacobson seconded by Close Public Hearing Commissioner Engdahl to close the public hearing. The motion passed unanimously. (Commissioner Pierce not voting. ) Chairman Pro tem Foreman then recognized the applicant and a brief discussion ensued relative to parking, the applicant stated it was her intent to add four feet to the width of the driveway so that four cars could easily be accommodated on off-street parking. -2- 7/10/75 She also stated that work would be done by appointment only, and commented that the hours of operation would be Tuesday, Thursday, Friday, 9:00 a-m. to 5:00 p.m , Wednesday, 2:00 p.m. to 8:00 p.m. and Saturday, 8:00 a ,m,, to 3:00 p.m. She stated that a direct outside entrance would be added and that the entire entrance area was enclosed by a six-foot opaque fence. Recommend Approval of Following further discussion there was a motion Application No. 75019 by Commissioner Horan seconded by Commissioner (Cynthia Pierce) Scott to recommend approval of Planning Com- mission Application No. 75019, submitted by Cynthia Pierce subject to the following condi- tions: 1 - The permit shall be issued to the applicant as operator and shall be nontransferable. 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, Hours of operation shall be: Tuesday, Thursday, Friday: 9:00 a.m. to 5:00 p.,m,. Wednesday: 2:00 pm, to 8:00 p.m. Saturday: 8:00 a.,m. to 3:00 p.m. 5� The application shall be subject to annual review to assure compliance with the above requirements, The motion passed unanimously. (Commissioner Pierce not voting, ) Recess The meeting recessed at 8:25 pm. Chairman Gross Arrives Chairman Gross arrived at 8:30 p.m. The meeting resumed at 8:40 p,m. Application No. 75018 The next item of business was Application No. (W. R. Busch) 75018, submitted by W. R. Busch, 5837 Brooklyn Boulevard. The item was introduced by the Secretary who stated the applicant seeks a variance from Section 35-111 (nonconforming uses) to permit construction of a 12 x 14 foot addi- tion to his 20 x 22 foot home, He explained the house was located in the C-1 zoning district on Brooklyn Boulevard between the Brookdale West Office Building and the small dental clinic, He stated that Section 35-111 prohibits the en- largement and/or major alteration of nonconform- ing uses and he further stated the applicant had been informed of the ordinance provisions during several detailed discussions and had responded with a letter to the file and an application for a variance. Chairman Gross stated that the Commission was sitting as the Board of Adjustments and Appeals and that a public hearing had been scheduled. He noted that none of the notified property owners was present and waived the reading of the names. -3- 7/10/75 Motion by Commissioner Foreman seconded by Close Public Hearing Commissioner Scott to close the public hearing. The motion passed unanimously.. Chairman Gross then recognized the applicant and an extensive discussion ensued regarding the ordinance nonconforming use provisions; previous Council action on similar applications; and the standards for a variance. Chairman Gross confirmed that members of the Commission had received copies of the applicant' s letter and that a copy was in the file. During further discussion it was determined that the petition did not meet the standards for a variance in that there was no identifiable hardship vs. a mere inconvenience or design; the condition is not unique to the subject parcel and the situation is common to several residential uses in the Cl zone; alleged hard- ship is based upon the applicant's desire for addi- tional living space and not upon an ordinance re- quirement; and, that granting of the variance would establish a precedent contrary to the Comprehensive Plan and ordinance intent, namely, unnecessary ex- tension of the life of nonconforming uses. The applicants wife commented that the subject addition was highly desirable for their seasonal enjoyment and felt that it was a matter of the owner's property right to expand his home. She stated she was cognizant of the fact that the property was zoned commercial , but felt that under the grandfather provisions of the Zoning Ordinance, the addition could be permitted as long as they lived there, The Secretary responded that it was the grandfathering provisions which established nonconforming uses, providing that the existing residential land use could continue until such time that the planned commercial use of the property was feasible° The applicant acknowledged that he understood the basis for the Commission's concern and the principles of the ordinance which applied in this case, During further discussion, Commissioner Foreman stated that he appreciated the applicant's desire for living area expansion, but that the ordinance provisions were quite clear and that it was apparent there were little grounds for exception. Following further discussion there was a motion by Recommend Denial of Commissioner Scott seconded by Commissioner Engdahl Application No. 75018 to recommend denial of Planning Commission Applica- (W. R. Busch) tion No.. 75018, noting the following: 1 . The subject property is clearly a nonconforming use as defined by Section 35-111 of the Zoning Ordinance and the request is not consistent with the intent of the Comprehensive Plan to inhibit expansion or enlargement of such uses so that evolution to the highest and best land use could be realized. 20 Standards for granting a variance are not met. 3. Approval of the request would represent an un- desirable precedent with respect to perpetuation on nonconforming uses, and, in that regard, the action is consistent with previous similar denials of comparable requests. -4- 7/10/75 During further discussion Commissioner Horan commented that he also could appreciate the applicant' s concern but that it was clear that a vote in favor of the application would be in- consistent with the letter of the zoning law. Chairman Gross called for a vote, the motion passed unanimously. Other Business: In other business, consideration was given to Proposed Brooklyn Park Rezoning a proposed rezoning in the City of Brooklyn Park involving property at the northeast quadrant of the intersection of Trunk Highway 169 and 73rd Avenue North. The Secretary explained that notice had been received from the City of Brooklyn Park as required by law, and that the rezoning attempt was the second one since March involving the property. He stated the present request was to rezone from R2 (single family to B1 (limited business) , whereas the earlier rezoning request had sought B3 (general business) . Commissioner Foreman stated that he and a number of Brooklyn Center and Brooklyn Park residents had attended the Brooklyn Park Planning Com- mission meeting on July 9, to voice objection to the proposal . He stated that, while residents had indicated at the earlier hearing that a service/office type use utilizing the present structure would be amenable, there was grave con- cern as to the possible conditional uses which were provided by the Brooklyn Park Zoning Ordinance in the B1 District, which would permit a variety of commercial and retail uses. He stated that whereas the Planning Commission had taken action which constituted recommendation for denial of the application, it had been reconsidered later in the meeting at the direction of the Brooklyn Park staff, and had received a split favorable vote for approval . The Secretary commented that on March 31 , the Brooklyn Center Commission had adopted a resolu- tion recommending that the City Council forward a recommendation for denial of the request to the Brooklyn Park City Council and that such action had been approved at the April 7, 1975 Council meeting. An extensive discussion ensued relative to the language of the initial draft resolution with specific attention directed to the possible re- tail commercial uses which would be permitted by conditional use permit in the B1 District. Resolution 75-5 Member Gilbert Engdahl introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 75-5 RESOLUTION REGARDING PROPOSED REZONING OF PROPERTY IN CITY OF BROOKLYN PARK AT NORTHEAST QUADRANT OF INTERSECTION OF TRUNK HIGHWAY 169 AND 73rd AVENUE NORTH. WHEREAS, pursuant to Minnesota Statutes, the City of Brooklyn Park notified the City of Brooklyn Center of the proposed rezoning of that property generally described as 7300 West River Road, at the northeast quadrant of the intersection of Trunk Highway 169 and 73rd Avenue North, from R2 (single family) to B1 (limited business) ; and WHEREAS, Brooklyn Center property owners within 350 feet of the subject property were notified by the City of Brooklyn Center of the public hearing held on July 9 , 1975; and -5- 7/10/75 WHEREAS, said hearing was attended by several persons so notified and said request was recommended for approval by the Brooklyn Park Planning Commission to the Brooklyn Park City Council ; and WHEREAS, the proposal has been reviewed by the Brooklyn Center Planning Commission with respect to established Comprehensive Plan and zoning of both communities, and with concern for retaining the residential character of the subject area; NOW, THEREFORE BE IT RESOLVED, By the Planning Commission of the City of Brooklyn Center: 1 . That the Commission urges disapproval of the requested rezoning in con- sideration of the following: a. The predominant residential character of the area, as designated by the Brooklyn Center Comprehensive Plan; b. The single family residential character as specified by the Brooklyn Park Comprehensive Plan, and the subsequent designated R2 and R3 zoning in the area; c. The zoning efforts and development approvals by Brooklyn Center to assure residential development consistent with the planning and zoning in both communities; d. The gross incompatibility of possible high intensity commercial and retail uses permitted as conditional uses in the B1 District, with the established residential character; e. The concern for limiting the traffic through the neighborhood and potential for undue congestion at the subject intersection; f. The existing structure, formerly used as a school and municipal offices , would be better suited for less intense office/service activities , if the building is to be rehabilitated; g. Should the land be cleared, the appropriate use would be per the current R2 (single family) zoning. 2. That this resolution, upon authorization of the Brooklyn Center City Council shall be forwarded to the City of Brooklyn Park for inclusion with the record taken on the matter, and for consideration in the deliberations thereon. Dated Secretary Chairman The motion for the adoption of the foregoing resolution was duly seconded by member Cecilia Scott and upon vote being taken thereon, the following voted in favor thereof: Commissioners Gross, Foreman, Scott, Engdahl , Pierce, Horan, and Jacobson. And the following voted against the same: None. Whereupon said resolution was declared duly passed and adopted. In other business the Secretary stated that all Other Business: Commissioners had been contacted as to a proposed Special Meeting special study meeting to be held on July 17, 1975 at 7:00 p.m. for purposes of considering at least one pending application,which if in order, had been determined to merit expeditious review by the Commission and Council during the month of July. Chairman Gross commented that in addition to the special meeting, he felt the regular study meeting should be held as scheduled for purposes of con- sidering revisions to the Comprehensive Plan. Motion by Commissioner Foreman seconded by Commissioner Adjournment Engdahl to adjourn the meeting. The motion passed un- animously. The Planning Commission meeting adjourned at 11 :00 p.m. Chairman 6 7/10/75 During further discussion Commissioner Horan commented that he also could appreciate the applicant's concern but that it was clear that a vote in favor of the application would be in- consistent with the letter of the zoning law, Chairman Gross called for a vote, the motion passed unanimously, Other Business: In other business, consideration was given to Proposed Brooklyn Park Rezoning a proposed rezoning in the City of Brooklyn Park involving property at the northeast quadrant of the intersection of Trunk Highway 169 and 73rd Avenue North, The Secretary explained that notice had been received from the City of Brooklyn Park as required by law, and that the rezoning attempt was the second one since March involving the property, He stated the present request was to rezone from R2 (single family) to B1 (limited Business) , whereas the earlier rezoning request had sought B3 (general business) , Commissioner Foreman stated that he and a number of Brooklyn Center and Brooklyn Park residents had attended the Brooklyn Park Planning Com- mission meeting on July 9, to voice objection to the proposal , He stated that, while residents had indicated at the earlier hearing that a service/office type use utilizing the present structure would be amenable, there was grave con- cern as to the possible conditional uses which were provided by the Brooklyn Park Zoning Ordinance in the BI District, which would permit a variety of commercial and retail uses. He stated that whereas the Planning Commission had taken action which constituted recommendation for denial of the application, it had been reconsidered later in the meetP,ng at the direction of the Brooklyn Park staff, and had received a split favorable vote for approval ,. The Secretary commented that on March 31 , the Brooklyn Center Commission had adopted a resolu- tion recommending that the City Council forward a recommendation for denial of the request to the Brooklyn Park City Council and that such action had been approved at the April 7, 1975 Council meeting, An extensive discussion ensued relative to the language of the initial draft resolution with specific attention directed to the possible re- tail commercial uses which would be permitted by conditional use permit in the B1 District. Re -,notion 75-5 Member Gilbert Engdahl introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO, 75-5 RESOLUTION REGARDING PROPOSED REZONING OF PROPERTY 'IN CITY OF BROOKLYN PARK AT NORTHEAST QUADRANT OF INTERSECTION OF TRUNK HIGHWAY 169 AND 73rd AVENUE NORTH. WHEREAS, pursuant to Minnesota Statutes , the City of Brooklyn Park notified the City of Brooklyn Center of the proposed rezoning of that property generally described as 7300 West River Road, at the northeast quadrant of the intersection of Trunk Highway 169 and 73rd Avenue North, from R2 (single family) to BI (limited business) ; and WHEREAS, Brooklyn Center property owners within 350 feet of the subject property were notified by the City of Brooklyn Center of the public hearing held on July 9, 1975; and -5- 7/10/75 WHEREAS, said hearing was attended by several persons so notified and said request was recommended for appr°oval . by the Brooklyn Park Planning Commission to the Brooklyn Park City Council ; and WHEREAS, the proposal has been reviewed by the Brooklyn Center Planning Commission with respect to established Comprehensive Plan and zoning of both communities, and with concern for retaining the residential character of the subject area; NOW, THEREFORE BE IT RESOLVED, By the Planning Commission of the City of Brooklyn Center: 1 . That the Commission urges disapproval of the requested rezoning in con- sideration of the following: a. The predominant residential character of the area, as designated by the Brooklyn Center Comprehensive Plan; b. The single family residential character as specified by the Brooklyn Park Comprehensive Plan, and the subsequent designated R2 and R3 zoning in the area; c. The zoning efforts . and development approvals by Brooklyn Center to assure residential development consistent with the planning and zoning in both communities; d. The gross incompatibility of possible high intensity commercial and retail uses permitted as conditional uses in the B1 District, with the established residential character; e. The concern for limiting the traffic through the neighborhood and potential for undue congestion at the subject intersection; f. The existing structure, formerly used as a school and municipal offices, would be better suited for less intense office/service activities, if the building is to be rehabilitated; ga Should the land be cleared, the appropriate use would be per the current R2 (single family) zoning. 2. That this resolution, upon authorization of the Brooklyn Center City Council , shall be forwarded to the City of Brooklyn Park for inclusion with the record taken on the matter, and for consideration in the deliberations thereon. Date (' /_�_P2 Secretary C ai an The motion for the adoption of the foregoing resolution was duly seconded by member Cecilia Scott and upon vote being taken thereon, the following voted in favor thereof: Commissioners Gross, Foreman, Scott, Engdahl , Pierce, Horan, and Jacobson. And the following voted against the same: None, Whereupon s-aid ,resolution was declared duly passed and adopted. In other business the Secretary stated that all Other Business: Commissioners had been contacted as to a proposed Special Meeting special study meeting to be held on July 17, 1975 at 7:00 p.m. for purposes of considering at least one .pending .application, which if in order, had been determined to merit expeditious review by the Commission and Council during the month of July. Chairman Gross commented that in addition to the special meeting, he felt the regular study meeting should be held as scheduled for purposes of con- sidering revisions to the Comprehensive Plan. Motion by Commissioner Foreman seconded by Commissioner Adjournment Engdahl to adjourn the meeting. The motion passed un- animously. The Planning Commission meeting adjourned at 11 :00 p.m. -Chairman