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HomeMy WebLinkAbout1965 PCM Minutes of the Froceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of i�Annesota January 7, 1965 The Manning Commission met in regular session and was called to order by Chairman it iattar at 7:30 P.M. Roll Call : Al kattar, Adrian Rorenfeld, Helmer Engstrom, Robert Jensen, Robert Grosshans and Henry Bogucki were present. Vern Ausen was absent. itiotion by Bogucki and seconded by Dorenfeld to approve the minutes of the regular meeting December 3, 1964 and of the work meeting December 17, 19A as submitted. Motion carried unanimously. P'viotion by Dorenfeld and seconded by Bogucki to recommend to the Village Council that application 464110 submitted by The Pure Oil Company for permission to build a new service station at 6901 Osseo Road be approved as follows: 1. Variance from Section 35-401 to permit the building to be set back 82 feet from the centerline of Osseo Road and 87 feet from the centerline of 69th '.venue. 2. Variance from Section 35-401 to permit a side and rear yard setback of 10 feet instead of 25 feet. 3. Variance from Section 35-340 (30 to permit a service station on a lot that abutts an R-1 and an R B district. 4. Variance from Section 35-330 (2a) to permit one free standing, non-flashing identification sign 18 feet high to be located as shown on site plan. 5. Refer action on the proposed roof sign. 1:pproval of the petition shall provide that the side yard adjacent to the North lot line shall be landscaped and shall contain no structures such as trash bins, and shall not be used for parking or storage, and there shall be an opaque fence not less than four feet and not more than six feet in height located on the North and on the ''lest property line, but such fence shall not extend within 15 feet of the street right-of-way. Motion carried unanimously. Motion by Bogucki and seconded by Grosshans to recommend to the Village Council that application 464112 submitted by the Pure Oil Company for subdivision by registered land survey be approved subject to any applicable requirements of the Flatting Ordinance. motion carried unanimously. Motion by Jensen and seconded by Engstrom to recommend to the Village Council that application 464113 submitted by Ralph Jitzler be approved and a variance from Section 35-310 (lf) granted to permit construction of a six stall storage garage at 6401 '.''illow Lane provided the building does not extend within 35 feet of the street right-of-way. Motion carried unanimously. Motion by Grosshans and seconded by Bogucki to rescind the Planning Commission action on application 464088 and recommend to the Village Council that application 464088 submitted by Star Enameling 1 1 1 25 Company be approved and a variance from Section 35-401 granted to permit construction of an addition to the building at 3715 - 50th Avenue North with a side yard setback of 1.5 feet provided the area between the addition and the adjacent building is closed at both ends to _prevent ingress and egress. Motion carried unanimously. iiotion by Jensen and seconded by Crosshans to accept, in principle, the proposed street design for 66th !.venue North extended East of Lyndale kvenue and the applicant may proceed with a detailed layout of the area being considered for rezoning under application 964103. Motion carried unanimously. Itiotion by Bogucki and seconded by Engstrom to adjourn. Meeting adjourned at 11:15 Chairman 1 1 1 c� Minutes of the Proceedings of the ilanninc Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota January 14, 1965 The Manning Commission met in special session and was called to order by Chairman Pl Kattar at 7:50 F.M. Roll Call : 1,1 .attar, Arian 0orenfeld, Vern kusen, 'Robert Crooshans, and Henry Bogucki were present. 'Robert Jensen and Helmer Engstrom were absent. The Planning Commission together with the Village attorney conducted a review of the proposed sign regulations for the Village of Brooklyn Center. The attorney explained the legal authority for regulating signs and suggested some corrections and changes to make the regulations more workable. The Chairman with the approval of the Planning Commission will call a special meeting to continue the review of the proposed sign regulations. f�iotion by Grosshans and seconded by Boguc i to adjourn. it:eeting adjourned at 11 :20 Chairman 28 � 1 t Minutes of the Froceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota January 21, 1965 The Manning Commission met in special session and was called to order by Vice Chairman Vern P.usen at 7:40 P.M. Roll Call : Vern Ausen, Adrian Dorenfeld, Helmer Engstrom, Robert Jensen, Robert Grosshans and Henry Bogucki were present. kl attar was absent. A preliminary draft report of the Comprehensive Guide Plan for the West Central neighborhood was presented by Thomas Hodne of Hodne Associates, and after study and review by the ilanning Commission, member Jensen made a motion which was seconded by Engstrom, to accept the Development Guide t'lan in principle. Motion carried unanimously. Motion by Bogucki and seconded by Dorenfeld to hold a special Planning Commission meeting February 11, 1965, to continue review of the proposed sign regulations for the Village. Motion carried unanimously. Motion by Engstrom and seconded by Grosshans that the "701 Study" invoice dated January 21, 1965, submitted by Hodne Associates be approved and the Village kdministrator, Art Lee, be directed to sign the invoice. Motion carried unanimously. Motion by Jensen and seconded by Bogucki to adjourn. Meeting adjourned at 11 :55 P.M. Chairman �f F t ' � � � .. ' �. ,i-.. 32 Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota January 28, 1965 The F7anr.ira Commission meat in sr-cial session and vii Balled to order by the Vice Ckaireaa, Vern Auses at 7:40 P.A . Roll CG11 : Vern Ausen, Helmer Engstrom, Robert Jensen, Robert Grosshans, Henry Bogucki and Adrian Dorenfeld were present. Al Kattar was absent. Present at the meeting was Ralph McCartney, school superintendent for independent district 9266. The chairman appointed Ausen and Jensen to work with a sub- committee from the Industrial Development Commission to study the need for zoning change in the Urban Community District. Ausen relinquished the chair to Engstrom and left the meeting at this point. A preliminary draft report of the Comprehensive Guide Plan for the Northeast neighborhood was presented by Thomas Hodne of Hodne Associates. Study and review of the report followed with Mr. McCartney taking part in the discussion. Al Kattar came into the meeting at 10:00 P.M. Motion by Grosshans and seconded by Bogucki to approve the development guide plan for the Northeast neighborhood in principle, and forward it to the citizens advisory committee for review and recommendations. Motion carried unanimously. Motion by Dorenfeid and seconded by Jensen to adjourn. Meeting adjourned at 11:20 P.M. Chairman 4 51inutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota February 4, 1965 The Planning Commission met in regular session and was called to order by Chairman Al Katter at 7:30 P.M. Roll Call : Al Kattar, Helmer Engstrom, Robert Jensen, Robert Gross- hans, Vern Ausen, Henry Bogucki and Adrian Dorenfeld were present. Motion by Jensen and seconded by Engstrom to approve the minutes, as submitted, for the regular meeting January 7, 1965 and the special meetings January 14, 21 and 28, 1965. Motion carried. Al Lindman administered the oath of office to Robert Jensen, Robert Grosshans, Helmer Engstrom and Adrian Dorenfeld who have been appointed to serve on the Planning Commission for a period of two years. Motion by Jensen and seconded by Dorenfeld to recommend to the Village Council that application 965001 submitted by 11. 0. Patterson for rezoning be denied because the land use development plan for the area proposed for rezoning has not been completed and any change of use before the guide plan is finished would be premature. Motion carried unanimously. The Planning Commission together with a representative of Dayton Development Company reviewed the parking need for Brookdale proposed second stage development. Motion by Grosshans and seconded by Jensen to cancel the Planning Commission meeting scheduled for February 11, 1965. Motion carried. Motion by Oorenfeld and seconded by Bogucki to adjourn. Meeting adjourned at 11 :40 P.M. Chairman 1 1 1 35 Painutes 6f the rroceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota February 18, 1965 The Planning Commission met in special session and ..-was called to order by Chairman id Kattar at 7:20 P.N . Roll Call : Al Kattar, Henry Bogucki and Helmer Engstrom were present. Robert Grosshans came into the meeting at 8:00 P.M. Vern Ausen came in at 9:00 P.M. Adrian Dorenfeld and Robert Jensen were absent. The Planning Consultant Thomas Hodne and the Planning Commission met with members of the Citizens Advisory Committee from the Northwest Neighborhood to review the committee's recommendations of the Development Guide Plan. A revised draft of the Comprehensive Plan for the development in the Northwest Neighborhood will be ready for final review March 18, 1965. Application #65001 submitted by !1. 0. Patterson having been referred back to the Manning Commission for review of the basis for recommending denial, the Commission feels that the proposal is clearly counter to the "Osseo Road Development Goals" so therefor, member Bogucki made a motion which was seconded by Engstrom to defer action on application 965001 until February 25th to allow the Village Attorney time to draft an appropriate resolution. Motion carried unanimously. Motion by Engstrom and seconded by Grosshans to reschedule the meeting with the Citizens advisory Committee from the Central Neighborhood which was originally planned for this time. Motion carried. Motion by Bogucki and seconded by Grosshans that the "701 Study" invoice dated February ltd, 1965, submitted by Hodne associates be approved and the Chairman, Al Kattar, be directed to sign the invoice. Motion carried unanimously. Motion by lusen and seconded by Bogucki to ask the Industrial Commission Sub-Committee on "Brown Farm Urban Community Development" to review the proposed Light Industrial District zoning and report back to the Planning Commission. Motion carried unanimously. Motion by Bogucki and seconded by Engstrom to adjourn. Meeting adjourned at 11:30 P.M. Chairman 1 1 1 Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota February 25, 1965 The Planning Commission met in special session and was called to order by Chairman Al Kattar at 7:30 F.W. Roll Call : Al k attar, Helmer Engstrom, Robert Jensen, Henry Bogucki, Robert Grosshans and Adrian Dorenfeld were present. Vern Ausen was absent. The Planning Consultant, Thomas Hodne and the Planning Commission met with members of the Citizens Advisory Committee from the Southeast Neighborhood to review the committee's recommendations on the Development Guide Plan. Motion by Jensen and seconded by Dorenfeld to accept, �in principle, the revised Development Guide Plan for the Southeast Neighborhood and instruct the Planning Consultant to proceed with the Comprehensive Land Use Plan for the Village. Motion carried unanimously. Member Robert Grosshans introduced the following resolution and moved its adoption: EXPLI,NATION OF CCNSIDERATION BEHIND THE PLANING COfilMISSION'S RECOMMENDATION THAT THE COUNCIL JISE.PFROVE j=PFLICATION NO. 65001 FOR REZONING For the purpose of the minutes, the text of the resolution shall be attached to said minutes and be deemed a part thereof. The motion for the adoption of the foregoing resolution was duly seconded by member Bogucki and upon voice vote being taken thereon, the following voted in favor thereof: Grosshans, Bogucki, Engstrom, Jensen, Dorenfeld and Kattar; and the following voted against the same: None; whereupon said resolution was duly declared passed and adopted. The Planning Consultant, Thomas Hodne and the Planning Commission met with members of the Citizens iWvisory Committee from the Southwest Neighborhood at 9:00 P.M. to review the committee's recommendations on the Development Guide Plan. Motion by Engstrom and seconded by Dorenfeld to accept, in principle, the revised Development Guide Plan for the Southwest Neighborhood and instruct the Planning Consultant to make the suggested changes and to include the report in the Comprehensive Land Use Plan for the Village. Motion carried unanimously. 14otion by Bogucki and seconded by Engstrom to adjourn. Meeting adjourned at 11:00 t.M. Chairman t:> `—: c�9 .<. : 1 Member introduced the following resolution and moved its adoption: f Whereas, W. 0. Patterson has submitted application number 65001 for the re-zoning of Lot 2, Block 1, proposed plat of P.B.C. First Addition and for the rezoning of Lots 3, 4 and 5, P.B.C. proposed First Addition; and Whereas, W. 0. Patterson, the petitioner, proposes to sell Lot 2 Block i. proposed plat of P.B.C. First Addition to Alfred Peterson to use the property for a 'Burger King" restaurant; and Whereas, the Village Council has asked the Planning Commission to reconsider these applications and to provide the council with a detailed explanation for any recommendation that it makes; Now. therefore, the Planning Cobmtission recommends that the Council disapprove application number 65001. This recommendation is based upon the following considerations: EXPLANATION OF CONSIDERATIONS BEHIND THE PLANNING COMMISSI(MIS RECORMENDATIONS: This application was first presented 0 the Commission on February 4, 1965, and requested re-zoning from Residential (R-1) to Business-2 (B-2) in the case of Lot 2. Block 1 and front Residential to Residential- Business (R-B) in the case of Lots 3, 4 and 5 of Block l of the pro- posed P.B.C. First Addition. The trap attached to this application shows that the property is bounded on the North by a Doctor's office building, on the East by Beard Avenue and residen-c.1al dwellings, on the South by a gasoline service station and on the West by Osseo Road. Single family dwellings and some multiple dwellings: are located across Osseo Road from the property. The map also shows that single family residential dwellings are located to the Nor:h. beyond the doctor's office building; and then proceeding to the South, there are two gasoline service stations. residential single family dwellings, a mortuary and then across 60th Avenue North more resideatial single family dwellings. The application states that the proposed purchaser, Alfred Peterson, intends to use the property for a 'Burger King" restaurant- This use would require a variance from the provisions of Section 35-702 of the Village Ordinances requiring that drive-ways should be at least 100 feet apart. In addition, Lots 3 and 4 would require variances to meet the lot area requirements for four unit apartment buildings. Lots 3, 4 and 5 would require variances from the lot width requirements. Ott February 18th, the Commission held a h(ering to reconsider this application. Alfred Peterson. the proposed purchaser, and his agent, bar. Richard Curry, were present, as were the members of the Commission, the Planning Consultant, the Village Attorney and several interested neighbors. The Commission attempted to learn as much as possible about Mr. Peterson's plans for the "Burger King" restaurant and the followtng is the list of the things which the Commission learned. 1. Mr. Peterson, the purchaser. stated that based upon the traffic at his two existing "Burger King" restaurants he would expect from 250 to 450 cars per day and that the busiest periods would be from 11:30 A.M. to 1:30 P.M.; from 5:30 P.M. to 7:30 P.M.; on weekends (Saturday being the busiest and Sunday being the next busiest day of the week). 2. Two 'Burger King" restaurants are presently being operated in the Minneapolis area. one at Nicollet and 34th and the other at 2800 !lest 66th Street, 3. The proposed restaurant would have sales of about 75t to $1.25 a person. The food would be purchased inside the restaurant and could be eaten inside but that, according to Mr. Peterson, perhaps 5% of the customers would eat in their cars. 4'. Cars would enter the parking lot directly from the main stream of Osseo Road traffic. Where would be no service road to channel traffic into Osseo Road. The Commission also heard from the Planning Consultant as to the present and future automobile traffic on Osseo Road. He stated that in 1963 the Minnesota Highway Department made a traffic count South of 63rd Avenue !North on Osseo Read and counted 11,900 cars in an average 24 hour period. By 1980 the Highway Department expects 18.2!00 cars to use Osseo Road in an average 24 hour day. 11r. Hodne noted that the "Burger King" would tend to create more traffic than a use such as the clinic to the north since its customers would make short stops. The Planning Consultant has also prepared a report for the Commission on this application dated February 18. 1965, and notes in this report that the Twin_ Cities Ares Transportation-Study. Volume F, !day, 1962., states t hat the "Burger King" type of use generates 50 percent more trips than the service establishments such as the clinic. RECOMMENDATIUq After nearing from the interested persons and considering the information provided by the Planning Consultant, the Commission recommends that the Council deny Mr. Patterson's application, In reaching this decision, the Commission has tried to follow the basic community development goal set out on the first page of the Prglim$n,a,ry Drift. C , June, 1%4. That goal is as follows: "To insure the public health, safety and welfare of Brooklyn Center while protecting a.aximum individual choice. The premise is to effect a fair and equit- able balance between working toward the overall good of the community and protecting individual property rights." i -3- Following this premise, we Mould first like to describe for the Council the way in which the approval of the proposed re-zoning would affect the community, and then describe the way in which a denial of the re=zoning application will affect the property. The application requests a change from R-1 to B-2 zoning, and clearly contemplates the operation of a "Burger King" restaurant on the so-called Lot 2.. This restaurant would probably be a permitted use in a B-2 zone (unless it were classified as a "drive-in"). The ordinance lists many other uses which would also be permitted in a B-2 zone. The Commission believes that this use would attract a large amount of automobile traffic from all over the North Minneapolis and North suburban area. UY•, fleterson`s estimate of 254 to 450 cars per day and also the findings of the Twin Cities Area Transportation Study noted in Mr. liodne's report confirm our opinion. This traffic would be turning directly from the main stream of the 40 mile per hour Osseo Road traffic to the "Burger Kind" parking lot. since there will be neither a service road nor traffic control devices at this point on the Osseo Road. Cars leaving the restaurant would also enter directly into the Osseo Road traffic which, as noted before' was 11.900 cars a day in 1963. The Commission believes that the speed and amount of traffic at this point on Osseo Road will make the turning movements into the property very dangerous. Secondly. we believe that these turning movements will create an increased danger for persons living in the immediate vicinity whose homes front upon Osseo Road or who must turn off either at 60th or 61st Avenues North. Finally, we believe that to attract traffic onto Osseo Road is contrary to our already stated goal; "To assure that the primary function of Osseo Road continues to be that of an arterial highway to move heavy traffic, and that its function of providing access to adjacent land uses remain secondary in importance." As a high traffic and restaurant use, the Commission also believes that the proposed rezoning would cause the noise associated with car parking, the glare of light of both the parking lot illumination and car headlights, the noise of customers, paper virappings and other debris, and finally odors normally associated with a restaurant. The Commission believes that these aspects of the proposed re-zoning will make the residential uses to the West, North and Cast less desireable and pleasant. In addition, we believe that these aspects will conflict with the Doctor's office building to the North. In short, we believe that the establishment of this use at this location would be detrimental to the welfare of the community. -4- A denial of this €tpplicstion,will on tLe other hand, adversely affect the owner of the property, Mr. Patterson, since he will not be able to sell his property to Mr. Peterson to construct this third "Burger King" restaurant >. at this location. Since his property is ncnv zoned R-1, he would be able to erect single family dwellings or possibly apartments. The Commission feels that this property should be zoned to. permit uses similar to the medical clinic on the North. If the property is zoned H-B, then the owner may, under our present ordinance, erect office buildings, duplexes, multiple dwellings, etc. We believe these uses would be appropriate to the surrounding uses. As a .final point, the Commission notes that the applicant and the proposed purchaser contend that the approval of re—zoning for Ewing Lane Addition to the North of Mr. Patterson's property on the West side of Osseo [load should set a precedent for his own application. The Commission believes that the Ewing Lane zone is sufficiently removed from the applicnnt's property so that it does not change the basic residential and residentialwbusines character of the property. :secondly, the Commission believes that there are substantial differences between the Ewing lane application and the present one. (a) The traffic at the Ewing Lane Addition is channeled onto a service road and also enters. Osseo Road from a public street. W The Erring Lase commerical zone is <.eparated from the higher uses to the best by Ewing Lune, a public street, a large area proposed for multiple dwelling use and by France Avenue, another public street. €c3 The Ewing Lone acne represents a planned committment for the creation of a business zone close to other business uses, shopping center, etc.. thus minimizing the conflict with residential uses. The motion for the adoption of the foregoing resolution was duly seconded by member and upon voice vote being taken thereon, the folla.�ing voted in favor thereof: and the folleaving voted against the same: tvherzupon said resolution was declared duly passed and adopted. Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota Larch 4, 1965 The Planning Commission met in regular session and was called to order by Chairman Al Kattar at 7:30 P.M. Roll Call: Al Kattar, Robert Jensen, Robert Grosshans, Helmer Engstrom and Adrian Dorenfeld were present. Vern Ausen and Henry Bogucki were absent. Motion by Engstrom and seconded by Jensen to ar)Rrgve the minutes of the regular meeting February 4, 1965 and the special meetings February 18 and 25, 1965. Motion carried unanimously. Motion by Jensen and seconded by Dorenfeld to recommend to the Village Council that application #65002 submitted by Dayton Development Company be _aAOroved as follows: 1. Grant a variance to Section 35-704 to permit a parking to lease ratio of 5 car spaces for each 1,000 square feet of floor area exceeding 300,000 square feet. 2. Approve site plans and parking arrangement as follows: a. A variance to Section 35-705 to permit 520 angle parking with 8' 9" space width and 2 space lengths plus one center aisle to be 50 feet. b. The parking lot access to the proposed service station site at Xerxes and County Road 410 is not considered as part of this approval. Any such proposed access will be considered at such time as application is received for service station special use permit. c. Grant a variance from Section 35-701 and waive the 15 foot setback requirement for that part of the parking lot abutting Highway 4100. 3. Approve building plans subject to plan check report. Motion carried unanimously. Motion by Jensen and seconded by Engstrom to recommend to the Village Council that application 465003 submitted by Richard Kauffmann be approved ^nd a variance to Section 15-104 (Al) granted to permit the parcel of land described in the petition to be divided into two 75' x 134' lots; provided that the West 5 feet of said parcel shall be dedicated by quit claim deed to the Village for street purposes. Motion carried unanimously. Motion by Grosshans and seconded by Dorenfeld to recommend to the Village Council that application #65004 submitted by Sipe Bros. Inc, be approved and a Special Use Permit granted to permit the storage and rental of trailers provided: 1. The permit shall be for the storage and rental of 2 and 4 wheel utility type trailers and shall not include house trailers or camping trailers 2. There shall be no more than 5 trailers stored on the lot at any one time. 3. The Special Use Permit shall be issued to Sipe Bros. Inc. and shall not be transferable. Motion carried unanimously. -1- �. Y 4 Motion by Jensen and seconded by Engstrom to recommend to the Village Council that application #65005 submitted by the Pure Oil Company be annroved and Chapter 35 of the Village Ordinances be amended as follows: 1. Section 35-640 amended by adding thereto Lot 6, Block 1, Sunset Manor Addition. 2. Section 35-814 amended to read: That area included in the following described boundaries: Beginning at the intersection of the center line of the Osseo Road and the South line of Lot 5, Block 1, Sunset Manor extended; thence Southwesterly along the South line of Lot 5 extended a distance of 183'; thence Northwesterly parallel to Osseo Road to the South line of Lot 3, Block 1, Center Brook Addition; thence Westerly to the Southwest Corner of said Lot 3; thence Northwesterly to the Northwest corner of said Lot 3; thence Northeasterly along the North line of said Lot 3 extended to the center line of Osseo Road; thence Northwesterly along the center line of Osseo Road to is intersection with the North line of Lot 24, Auditor's Subdivision 457 extended; thence Easterly along said North line of Lot 24 extended to center line of Noble Avenue North; thence North along said center line to is intersection with the North line of Hoppe's 1st Addition extended; thence Easterly to the Northeast corner of Hoppe's 1st Addition; thence Southerly along the East line of said Hoppe's lst Addition to a point distant 150 feet at right angles from Osseo Road; thence Southeasterly parallel to and 150 feet distant from Osseo Road to the North line of Lane's Brooklyn Center Addition; thence '9esterly along the North line of said Lane's Brooklyn Center Addition extended to the center line of Osseo Road; thence Southeasterly along said center line to the point of beginning. Voting in favor of the motion Jensen, Engstrom, Dorenfeld and Kattar. Not voting Grosshans. Motion carried. Motion by Jensen and seconded by Dorenfeld to recommend to the Village Council that application #65006 submitted by the Pure Oil Company be approved as follows: 1. Grant a Special Use Permit to construct a Pure Oil service station on Lots 6 and 7, Block 1, Sunset Manor Addition. 2. Grant a variance from Section 35-340 (30 to permit a service station on a lot that abutts an R-1 and an R-B district. 3. Approve plot plan as submitted. 4. Grant a variance from Section 35-330 (2a) to permit one free standing, non-flashing identification sign 18 feet high to be located as shown on site plan, 5. Grant a variance from Section 35-330 (2a) to permit one single faced pylon type sign the total height of which shall not exceed 21 feet above grade to be located as shown on the building plans. 6. Grant a variance from Section 35-410 (4) waiving the requirement for a 25 foot protective strip on the West and North side of the lot. However, an opaque fence shall be required. The fence shall be 6 feet high along the West lot line and stepped down to 4y feet on the North lot line and shall not extend closer than 15 feet to the street right-of-way line. -2- ±.�I S� 7. Action approving this application shall supersede the Village Council approval of application 464110. Voting in favor of the motion Jensen, Dorenfeld, Engstrom and Kattar. Not voting Grosshans. Motion carried. Motion by Grosshans and seconded by Engstrom to recommend to the Village Council that application #65007 submitted by Modern Garage Company be approved and a Special Use Permit for a display garage and sales office at 6214 Fremont Avenue North be extended for a period of one year or until Highway 4100 traffic at Fremont Avenue is severed and also provided: There shall be no outdoor display of fences, patio blocks, building materials or building accessories. The sole purpose of the permit is for the sale of garages, and the Village Council shall reserve the right to refuse any subsequent applications for renewal of the permit. Motion carried unanimously. The Planning Commission met with members of the Village Council and members of the administrative staff to review the land use development in the Urban Community District "Brown Farm". The Village Engineer presented a map indicating soil conditions in the district and explained possible ways by which the area could be supplied with utility service. Consideration was given to possible rezoning in the area. It was agreed that meetings with the Planning Consultant and the Industrial Commission should take place and scheduling of these meetings will be done as soon as possible. Motion by Dorenfeld and seconded by Engstrom to adjourn. Meeting adjourned at 11:20 P.M. Chairman 1 1 1 45 Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota March 11, 1965 The Planning Commission met in special session and was called to order by Chairman Al Kattar at 7:15 P.M. Roll Call : Al Kattar, Henry Bogucki, Vern Ausen, Robert '.;rosshans and Adrian Dorenfeld were present. Robert Jensen and Helmer Engstrom were absent. The Planning Consultant, Thomas Hodne and the Planning Commission met with members of the Citizens Advisory Committee from the ' Central Neighborhood to review the committee's report on the Development Guide Plan. Motion by Ausen and seconded by Bogucki to accept the committee's recommendations on the Development Guide Plan for the Nest Central Neighborhood and direct the Planning Consultant to proceed with the Comprehensive Land Use Plan. Motion carried unanimously. The Planning Consultant and the Planning Commission met with members of the Citizens Advisory Committee from the North- east Neighborhood at 9:00 P.M. Motion by Dorenfeld and seconded by Ausen to recognize the committees work and to take the recommendations for the North- east Neighborhood under advisement. Motion carried unanimously. Motion by Bogucki and seconded by Grosshans to adjourn. Meeting adjourned at 11 :20 P.M. Chairman j F ����.� I p Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota Warch 18, 1965 The Planning Commission met in special session and was called to crdez' by Chairman �.i :iatLar iii ' ;4J Roil Call ! Al Kattar, Vern Ausen, Helmer Engstrom, Robert Grosshans. and Henry Bogucki were present. Robert Jensen and Adrian Dorenfeld were absent. Motion by Bogucki and seconded by Grosshans to recommend to the Village Council that application 965009 submitted by Sears Roebuck and Company be approved and a variance from Section 35-410 granted to permit a 66' x 71' fenced storage area on the West side of the Garden Store from April 1, 1965 to July 1, 1965. Motion carried unanimously. The Planning Consultant, Thomas Hodne and the Planning Commission met with members of the Citizens Advisory Committee from the Northwest Neighborhood. Mr. Zejdlik of Zejdlik and Harmala, Architects, presented a preliminary land use plan for the undeveloped land along the Osseo Road between the Freeway and 69th Avenue. The Planning Commission gave consideration to the proposed realignment of Noble Avenue at the intersection with Osseo Road. No action was taken on the proposed realignment. Member Ausen inebduced the following resolution and moved its adoption: Whereas, the Planning Consultant has advised the Planning Commission that a school pedestrian crossing of the Osseo Road paralleling the South edge of the property occupied by the Village Hall would be a more convenient location than a crossing at Noble Avenue and the Osseo Road; and Whereas, the more southerly crossing would make it unnecessary for children to cross Noble Avenue to take advantage of the lights; and Whereas, children could cross the Osseo Road directly onto school property rather than walking down the Osseo Road from Noble Avenue so as to avoid the longer walk to Perry Avenue and thence South to the school ; and Whereas, a light at the crossing recommended by the Consultant would avoid any conflict between children and vehicular turning movements; and Whereas, the State Highway Department is now designing the signals for the crossing at Noble Avenue and the Osseo Road, Be it therefor resolved that it is the conclusion of the Planning Commission that the feasibility of the location recommended by the Planning Consultant be given serious and immediate consideration. The motion for the adoption of the foregoing resolution was duly seconded by member Bogucki and upon vote being taken thereon, the following voted in favor thereof: Ausen, Bogucki, Engstrom and Grosshans; Not voting Kattar; whereupon said resolution was declared passed and adopted. David Alberts, Chairman of the Citizens Advisory Committee from the Central Neighborhood, submitted the committee's recommendations on the Development Guide Plan and after review by the Planning Commission and the Consultant, the following action was taken: 48 .. .. i w v• � y.�S-. i . • i� � tai r k p 0 '17 Motion by Ausen sand seconded by Grosshans to accept the recom- mendation of the Central Neighborhood Committee and approve the Development Guide Flg in principle and direct the Consultant to proceed with the final draft. Motion carried unanimously. Motion by Engstrom and seconded by Grosshans to accept the Develop•- ment Guide Plan for the Northeast Neighborhood, with the �fAggested changes, and approve the plan in principle and direct the Consultant to proceed with the final draft. Motion carried unanimously., Motion by Engstrom and seconded by Bogucki-that application #65010 submitted by Shoppers City be tabled until until March 25, 1965, because the applicant did not have any one present to represent the petition. Motion carried unanimously. Motion by Bogucki and seconded by !Ausen that the Planning Commission meet Saturday, March 27, 1965, at the Village Hall, at 9:00 A.M. to consider the proposed sign regulations for the Village. Motion carried unanimously. Motion by Grosshans and seconded by Bogucki to adjourn. Meeting adjourned at 11:55 P.M. Chairman 268 Y� 127 Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota March 25, 1965 The Planning Commission met in special session and was called to order by Chairman, Al Kattar at 7:45 P.M. Roll Call: Al Kattar, Vern Ausen, Helmer Engstrom, Robert Grosshans, Robert Jensen, Henry Bogucki and Adrian Dorenfeld were present. Also present were Mayor Gordon Erickson, Councilmen Howard Heck, Earl Simons, John Leary, Phillip Cohen and members of the Village Administrative staff. Thomas Hodne of Hodne Associates presented a final draft of "Brooklyn Center Comprehensive Plan - a guide for community develop- ment" and conducted a review of Plan report. Further review and discussion of the final draft of the Plan report will be necessary and it is hoped that this can be finished by the end of April. Motion by Ausen and seconded by Jensen to cancel the special meeting scheduled for March 27, 1965. Motion carried. Motion by Bogucki and seconded by Engstrom to adjourn. Meeting adjourned at 11:45 P.M. Chairman 128 1 129 Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota April 11 1965 The Planning Commission met in regular session and was called to order by Chairman Al Kattar at 7:40 P.M. Roll Call: Al Kattar, Robert Jensen, Robert Grosshans, Henry Bogucki, Helmer Engstrom and Adrian Dorenfeld were present. Vern Ausen was absent. Motion by Grosshans and seconded by Engstrom to approve the minutes of the regular meeting March 4, 1965 and the special meetings March 11, 18, 25, 1965. Motion carried unanimously. Motion by Jensen and seconded by Grosshans to recommend to the Village Council that application ,x#65008 submitted by M & E Realty Company be approved as follows: 1. Accept the petitioner's request to amend the application to read: Rezone from R-1 to B-2, 2. Grant a variance from Section 35-704 permitting 164 car spaces of off-street parking instead of 182 spaces. 3. Approve the site plan and parking arrangement provided all the parallel parking spaces adjacent to and south of the Osseo Road access and one space directly North of the access shall be eliminated from the plan. 4. Approve the construction plans for a commercial building with 20,120 square feet of gross floor area with the architectural plans being subject to final approval by the Building Inspector. Motion by Bogucki and seconded by Dorenfeld to amend the motion to require that direct access from and to the Osseo Road shall be limited to right turns. Voting in favor of the amendment, Bogucki, Dorenfeld and Engstrom. Voting against the same Grosshans, Jensen and Kattar. The motion to amend failed for lack of majority. Voting on the main motion Jensen, Grosshans, Engstrom and Kattar in favor thereof. Voting against the same Bogucki and Dorenfeld. Motion carried. Motion by Jensen and seconded by Engstrom to recommend to the Village Council that application ##65010 submitted by Shoppers City be approved and a variance from Section 35-410 granted to permit the operation of a garden store in the parking area South of the main entrance. Operation of the garden store shall be discontinued July 1, 1965. Motion carried unanimously. Motion by Engstrom and seconded by Grosshans to recommend to the Village Council that application ##65011 submitted by Ralph Hayward for the preliminary plat of Lundgren 3rd Addition be approved as follows: 1. Grant a variance from Section 15-106 to permit lots 6, 7, 8 to be less than 60 feet in width at the front lot line. 130 1 1 131 2. Grant a variance from Section 35-401 to permit construction of houses, 24 feet in depth on lots 12, 13, 14, 15 with rear yard setback of 30 feet instead of 40 feet. 3. Require a 20 foot utility easement from Dallas Road on the lot line between lots 7 and 8. 4. Require a utility easement along the South line of the plat from T. H. 169 to East line of Lot 8. 5. Require reasonable gaurantee that the garage on Lot 4 will be relocated in compliance with the Village Ordinances. Voting in favor of the motion Engstrom, Grosshans, Jensen, Dorenfeld and Kattar. Not voting Bogucki. Motion carried. Motion by Dorenfeld and seconded by Bogucki to recommend to the Village Council that application #65013 submitted by Edwin Kauffmann for rezoning be denied but the Planning Commission will reconsider the application without any waiting period provided the application is substantially changed. Motion carried unanimously. Application #65012 was withdrawn by the petitioner pending resubmission of the request for rezoning. Motion by Grosshans and seconded by Engstrom to recommend to the Village Council that application #65014 be approved and Lot 1, Block 1 Greenlawn Addition rezoned from B-3 to R-B. Motion carried unanimously. Motion by Jensen and seconded by Grosshans to recommend to the Village Council that application #65015 be approved and Section 35-$15 amended by adding thereto; That part of the North 310.19 feet of the South 330.72 feet of Lot 18, Auditors Subdivision #25, lying South of the following described property: The North 100 feet of the East 180 feet and all that part of the North 170 feet lying West of the East 180 feet of that part of Lot 18, Auditors Sub- division #25. Motion carried unanimously. Motion by Grosshans and seconded by Engstrom to recommend to the Village Council that application #65016 submitted by George Johnston for the preliminary plat of George's Terrace 3rd Addition be approved, as submitted, subject however to the requirements of the plattimg regulations. Votin in favor of the motion, Grosshans, Engstrom, Jensen and Kattar. Not voting Bogucki and Dorenfeld. Motion carried. Motion by Grosshans and seconded by Dorenfeld to recommend to the Village Council that application #65017 submitted by L. W. Samuelson be denied because the owner of the property upon which the proposed sign was to be located has withdrawn his consent. Motion carried unanimously. Motion by Engstrom and seconded by Dorenfeld to recommend to the Village Council that application #65020 submitted by Cass Screw Machine. Company be approved subject to final approval of the architectural plans by the Building Inspector. Motion carried unanimously. Motion by Bogucki and seconded by Jensen to adjourn. Meeting adjourned at 1:05 A.M. Chairman 13 . . , ., �.. 3. �. �,, . � � ;,; .. � _�:.. . r . . ..., :; J Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota March 29, 1965 The Planning Commission met in special session and was called to order by Chairman Al Kattar at 9:05 P.M. Roll Call: Al Kattar, Adrian Dorenfeld, Robert Grosshans, Robert Jensen and Henry Bogucki, were present. Vern Ausen and Helmer Engstrom were absent. The Village Council temporarily adjourned their meeting to permit the Planning Commission to conduct a joint meeting of the Planning Commission, the Village Council, members of the Administrative Staff and representatives of the Park Department. The main order of business was the review and discussion of the Comprehensive Plan for Community Development with the Osseo Road Development Goals and the Land Use Pattern for the Urban Community being the major points of consideration. Additional meetings will be scheduled to continue discussion of the "701" plan report. Motion by Jensen and seconded by Bogucki to adjourn. Meeting adjourned at 12:00 P.M. Chairman 126 1 Minut6s of the Proceedings of the Planning'Gommission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota April 8, 1965 The Planning Commission met in special session and was called to order by Chairman Al Kattar at 7:35 P.M. Roll Call: Al Kattar, Vern Ausen, Robert Jensen, Robert Grosshans and Adrian Dorenfeld were present. Henry Bogucki came into the meeting at 7:55 P.M. Helmer Engstrom was absent. Motion by Jensen and seconded by Grosshans to recommend to the Village Council that application #65019 submitted by Dayton Development Company be approved and a Special Use Permit granted for a Drive-In restaurant at 5661—Xerxes Avenue North with the detailed construction plans being subject to final approval by the Building Inspector. Motion carried unanimously. Motion by Ausen and seconded by Grosshans to recommend to the Village Council that application #65017 submitted by Richard Kauffmann be approved as follows: 1. Variance from Section 15-101 to permit a 150' x 1021lot to be divided into two 751 x 1021 lots. 2, Variance from Section 15-106 to permit a lot to be less than 1101 in depth. 3. Variance from Section 35-401 (2) to permit front yard setback of 35 feet (in this case the setback would be 43.5 which is the average of the setback on either side). 4. Variance from Section 35-401 to permit a lot area of 7,650 square feet (9,500 square feet required). 5. Remove old shed from the lot and relocate the existing garage in conformance with ordinance requirements. Motion carried unanimously. At the request of the petitioner the public hearing on appli- cation #65013 was reopened for the purpose of reconsidering the Planning Commission's recommendation to disapprove rezoning of all the lots in the proposed plat of Russell Addition. After listening to the comments of the property owners in neighborhood, member Jensen introduced the following motion. The public hearing on application #65013 is hereby closed and the Planning Commission will take the petition under advisement. The motion was seconded by member Grosshans and upon vote being taken thereon the following voted in favor thereoft Jensen, Grosshans, Ausen, Kattar, Dorenfeld and Bogucki; and the following voted against the same: None; Motion carried. Motion by Dorenfeld and seconded by Jensen to recommend that the Village Council withhold action on application #65013 until the Planning Commission has an opportunity to review the petition. Voting in favor of the motion Dorenfeld, Jensen, Grosshans, Bogucki and Kattar. Not voting Ausen because he was not present when the petition was considered. Motion carried. 1 1 1 J v Motion by Jensen and seconded by Crosshans to request an opinion from the Village Engineer regarding the soil conditions in the proposed Russell Addition and if sufficient information is not available, the developer shall s\ipply soil tests and other data: Notion carried unanimously. Motion by Ausen and secmded by Jensen that the public hearing on application #65018 be closed and the request by Iten Chevrolet Company for a sign variance be taken under advisement. Motion carried unanimously. A preliminary plan was presented by Northern States Power Company for construction of a Service Center to be located on the George Hanson property at about 68th and Major Avenue. The pur- pose of the Service Center would be to provide better and faster repair and maintenance of the electric distribution system in the North Suburban Community. The proposed construction would be part of a plan for development of the area lying South and West of the Osseo Road and 69th Avenue North. Further study and review of the proposal will be made by the Planning Commission. Motion by Bogucki and seconded by Jensen to adjourn. Meeting adjourned at 11:50 P.M. Chairman 154 Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota, April 15, 1965 The Planning Commission met in special session and was called to order by Chairman Al Kattar at 7:35 P.M. Roll Call: Al Kattar, Vern Ausen, Helmer Engstrom, Robert Grosshans and Henry Bogucki were present. Adrian Dorenfeld and Robert Jensen were absent. Motion by Grosshans and seconded by Engstrom to recommend to the Village Council that application 464103 submitted by Ralph Luchsinger be approved as follows: 1. Rezone from R-1 to B-3 that part of Lots 4,5,6 and 7, Block 1, Olsons Island View Addition lying West of a line beginning at a point on the North line of lot 7, which point is 116.17 feet West of the Northeast corner of Lot 7, thence extending Southerly to a point on the South line of Lots 5 and 6 such point being 160 feet West of the Southeast corner of Lot 6. 2. Rezone from R-1 to B-3 the North 75 feet of the West 163 feet of Lot 15, Auditors Subdivision 9 310. 3. Rezone from R-1 to R-B that part of Lots 5, 6 and 7, Block 1, Olsons Island View Terrace ,addition lying East of a line beginning at a point on the North line of Lot 7, which point is 116.17 feet Wyest of the Northeast corner of Lot 7, thence extending Southerly to a point on the South line of Lots 5 and 6, such point being 160 feet West of the Southeast corner of Lot 6. 4. Rezone from R-1 to R-B the North 75 feet of the East 146.9 feet of the West 311.9 feet of Lot 15, Auditors Subdivision 410. 5. The rezoning shall not include any part of Lots 3 and 6. Block 1,, Olsons Island View Terrace Addition., Ja+ -le . /F /. Motion carried unanimously. The Planning Commission and the Village Council continued the review of the Comprehensive Guide Plan for community development in Brooklyn Center. The plan recommendations for the Northeast, South- east and Southwest neighborhoods were discussed. Motion by Bogucki and seconded by Grosshans to recommend to the Village Council that application 965022 submitted by `Warner Hardware be approved and a variance from Section 35-410 granted to permit the operation of a garden store in the parking area on the East side of the hardware store until July 15, 1965. Motion carried unanimously. Motion by Grosshans and seconded by Bogucki to adjourn. Meeting adjourned at 11 :50 P.M. Chairman 156 wi V.i l .. .� rl.�. 11� �'•4.Y! .} � iia P `9,.`Y �4' 1 • � ! p 1 i!�{Sl 'ilia. ; � '• •+:f!`t. r` .. :it !. _� •! •13+i'iN. }..F'. rT o ., •T • '..a.i }'. t �:.. t .. ': Y i1 t f�'e't, (ti_�S '{'X► i' ,.. S S. .i' _.'f P' r; "ir. 1. ! •y :r..i" }e .'r7 1�i 1•i i. i+' .: .) �:. r,il. ., !;`. `i;i};:+ls.,'•., if:-0 k -T r', i,t ,`! ,. '!. � t.. .�. aV.i$(i �!I r1'j CT :y;r .. .•f. istyt#.t .. �',! ' 1 • A, r 157 Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota April 22, 1965 The Planning Commission met in special session and was called to order by Chairman Al Kattar at 7:50 P.M. Roll Call: Al Kattar, Helmer Engstrom, Adrian Dorenfeld, Robert Grosshans, Henry Bogucki and Robert Jensen were present. Vern Ausen was absent. Thomas Hodne, Planning Consultant, met with the Planning Commission for continued study and review of the final draft of the Comprehensive Guide Plan. Further discussion of the final draft of the plan will be the order of business for the April 29 meeting. Motion by Bogucki and seconded by Dorenfeld to recommend to the Village Council that a Comprehensive Traffic Study for the Urban Community be made with special emphasis on the following: 1. Eastward extension of 63rd Avenue across Shingle Creek. 2. Freeway and Humboldt interchange. 3. Access to Highway #100. 4. Shingle Creek Collector. 5. Need for additional access to freeway. Motion carried unanimously. Motion by Grosshans and seconded by Engstrom to adjourn. Meeting adjourned at 12:15 A.M. Chairman 158 1 1 7`, �.a Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota April 29, 1965 The Planning Commission met in special session and was called to order by Chairman Vern Ausen at 7:45 P.M. Roll Cali : Vern Ausen, Helmer Engstrom, Robert Jensen, Robert Gorsshans and Henry Bogucki were present. Al Kattar and Adrian Dorenfeld were absent. Motion by Gorsshans and seconded by Jensen to recommend to the Village Council that application V65027 submitted by Ralph Luchsinger be approved as follows: 1. Grant a special use permit for a gasoline service station on that part of Lots 4, 5, 6 and 7, Block 1, Olsons Island View Addition lying !'lest of a line beginning at a point on the North line of Lot 7, which point is 116.17 feet West of the Northeast corner of Lot 7, thence extending Southerly to a point on the South line of Lots 5 and 6 such point being 160 feet '!Jest of the South- east corner of Lot 6, except the North 25 feet of Lots 4 and 7. 2. The parcels of property to be used for the service station shall be combined into a single parcel by Registered Land Survey or by platting. 3. A dimensioned site layout and building plans shall be submitted to the Planning Commission for approval before any construction is started. 4. Execution of agreement to convey right-of-way for 66th Avenue. Motion carried unanimously. Al Kattar came into the meeting at 7:55 and assumed the chair. A preliminary draft of Proposed Zoning Districts and a prelim- inary Zoning Map was submitted by the Planning Consultant and discussion of the Suggested land use classification followed. A proposed ordinance change dealing with Special Requirements In Industrial Districts was reviewed and referred to the Industrial Development Commission for study and comment. Motion by Ausen and seconded by Grosshans to accept the memorandum of suggested additions to the Comprehensive Plan Report covering public transportation, Motion carried unanimously. Motion by Bogucki and seconded by Jensen that the Planning Commission meet in special session Monday, May 3, at 7:30 P.M. to continue study of the Proposed Zoning Districts. Motion carried unanimously. The "701" Planning Program has progressed to the point where it is necessary to have a Public Informational Meeting to inform the citizens of Brooklyn Center about the Comprehensive Development Guide Plan for the Village. Arrangement will be made to hold the meeting at one of the schools either May 25 or 26. Notices of the time and place will be published in the Brooklyn Center Press. Motion by Jensen and seconded by Grosshans to adjourn. Meeting adjourned at 12:15 A.M. Chairman I .n 'ifs. .f.�.!ir•t�.Ni'S'. .}"� .`f; i •?J :1 f {1t1 j,, :!a r_. .. tl. It •! , IfiL`'i'• }Ia.�' ''ii .•t.•t`i•it. '`rh.�tift�'� ''.r" �`.: ;i�"" ', h' ''b 131"" '•';� ii ,4 .t;•.+; rv'. '�t'.�, ' s;.;.�;.:1' V , .. •t•u rTrS.iira � e r�i t.�'z'• �: P.. t: '• 175 MiftUtes of the Proceedings of the 0 dAning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota May 3, 1965 The Planning Commission met in special session and was called to order by the Vice Chairman, Vern Ausen, at 7:45 P.M. Roll Call : Vern Ausen, Robert Jensen, Robert Grosshans, Helmer Engstrom and Henry Bogucki were present„ Al Kattar and Adrian Dorenfeld were absent. Motion by Bogucki and seconded by Grosshans to approve the revised preliminary draft of the proposed zoning districts as corrected.. Motion carried unanimously. Motion by Jensen and seconded by Engstrom to approve the Comprehensive Development Guide Plan with the suggested amendments, additions and corrections and the Planning Consultant for the Village is directed to proceed with the final draft of the Guide Plan Report. Motion carried unanimously. Motion by Bogucki and seconded by Jensen to adjourn. Meeting adjourned at 11 :40 P.M. Chairman 17 15C Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Uennepin and State of Minnesota May 13, 1965 The Planning Commission met in special session and was called to order by Vice Chairman Vern Ausen at 7:40 P.M. Roll Call : Vern Ausen, Robert Jensen, Henry Bogucki, Robert Grosshans and Adrian Dorenfeld were present. Al Kattar and Helmer Engstrom were absent. Motion by Jensen and seconded by Bogucki to approve the minutes of the regular meeting April 1, 1965 and the special meetings April 6, 15, 22, 29 and May 3, 1965 with the Minutes of April 15, 1965, corrected by adding to the recommendation on application #64103, item 5, "these shall remain in R-1". Motion carried unanimously. Motion by Bogucki to table application 965021 submitted by Helen Fish until further study of the conditions can be made. Motion failed for lack of a second. Motion by Jensen and seconded by Grosshans to recommend to the Village Council that application #65021 submitted by Helen Fish be approved as follows: 1. Variance from Section 15-104 to permit subdivision by metes and bounds description. 2. Variance from Section 15-106 and Section 35-401 to permit two 67.5' x 185' substandard residential lots. 3. Variance from Section 35-401 to permit a 5 foot setback on the South side of the existing house at 6821 Lyndale Avenue. Voting in favor of the motion Jensen, Grosshans, Dorenfeld and Ausen. Voting against the same Bogucki. Motion carried. Motion by Jensen and seconded by Bogucki to recommend to the Village Council that application #65023 submitted by Elmer Herberg be denied because there is a need for the extension of Dallas Road through the Herberg property. Motion carried unanimously. Motion by Grosshans and seconded by Jensen to reconsider appli- cation #65011 submitted by Ralph Hayward and recommend to the Village Council that the preliminary plat of Lundgren 3rd Addition be aaoroye_d as follows: 1. Lots 5, 6, 7, 6, 9 be redimensioned by the Village Engineer. 2. The cul-de-sac shall be eliminated and Dallas Road extended to the South line of the plat. 3. Grant a variance from Section 35-401 to permit construction of single family dwellings, 24 feet in depth on lots 12, 13, 14, 15 with a rear yard setback of 30 feet instead of 40 feet. 4. Require reasonable guarantee that the garage on Lot 4 will be relocated in compliance with the Village Ordinances. -__. . _ _. iG(� 161 Lotion by Bogucki to amend the motion and deny building permits on Lots 12, 13, 14, 15 until information can be obtained from the State Highway Department regarding future plans for widening Lyndale Avenue. The amendment to the motion failed for lack of a second. NOTE: The Village Engineer stated that the Highway Department has no plans for Lyndale Avenue widening or up-grading. Voting on the main motion Grosshans, Jensen, Dorenfeld and Ausen voted in favor thereof; Not voting, Bogucki. Motion carried. Motion by Bogucki and seconded by Dorenfeld to close the public hearing on application 465026, submitted by Tom Wilder and take the request for a variance under advisement. Motion carried unanimously. Village Builders, Inc. submitted a letter requesting more time to complete the test borings in the proposed Russell Addition. Due to excessive amounts of snow and rain it has been virtually impossible to move drill equipment onto the site. Recommendation on application #65012 and 465013 will be made to the Village Council as soon as the results of the soil borings are available. Motion by Jensen and seconded by Bogucki to recommend to the Village Council that application 465024 submitted by Martin Haskin be denied because the request for a variance to construct tivo 18 unit apartments does not qualify under the "Standards For Variance" as set out in Section 35-221 of the Village Ordinances. Motion carried unanimously. Motion by Jensen and seconded by Bogucki that in the case of application #65024 the Planning Commission will waive any waiting period specified by the ordinance. Motion carried unanimously. Notion by Bogucki and seconded by Jensen to forward application #65028, submitted by Star Enameling Company, to the Village Council with the following recommendations. 1. The side yard and the boulevard adjacent to France 4ve nue shall be surfaced. 2. One tier of vehicular parking permitted on the West side of the building. 3. Encourage Mr. Kaufenberg to complete arrangement for parking on N.S.P. property West of France Avenue. Motion carried unanimously. Motion by Jensen and seconded by Grosshans to recommend to the Village Council that application #65029 submitted by Minneapolis Sewing Machine Company be denied because of the building to land area ratio and the lack of off-street parking space. Motion carried unanimously. Motion by Jensen and seconded by Grosshans to recommend to the Village Council that application 965030 submitted by Darrel Farr be denied. Motion carried unanimously. Motion by Bogucki and seconded by Grosshans to recommend to the Village Council that application 465031 submitted by L. A. Chelmo be approved and a Special Use Permit granted for a car wash and gasoline dispensing equipment on Parcel 5910, Auditors Subdivision 4216, subject to the following conditions. -2- �6 , . �: ;: .. 3,� f � 1. The owner of the car wash shall, at his own expense, at any time in the future, make provisions to install water hammer shock absorbers in the water supply line if so ordered by the Village of Brooklyn Center. 2. The owner of the car wash shall employ sufficient and qualified personnel for the purpose of directing interior traffic and he shall make adequate provisions to eliminate any congestion on the public roads which may result as a consequence of the car wash operation. 3. It would appear that the car wash operation is going to demand a sewer capacity of 2600 gallons per hour which is the equivalent of 130 residential connections. A brief analysis indicates that our sewer system is capable of absorbing such a discharge; however, since the car wash will be discharging disproportionate amounts of sewage in relation to the land area involved, it is the opinion of the Village Engineer that if any sewer capacity difficulties are encountered in the future that the car wash owners should be responsible for installing retention tarksto pro- vide for off-peak discharge. d. As proposed by the representatives of the applicant, the special use permit should be contingent upon the closing of the median opening in County Road 10 and the construction of a correctional median in the driveway leading from the car wash to County Road 10. Voting in favor of the motion Bogucki, Grosshans, Jensen and Dorenfeld. 'Voting against the same Ausen. Notion carried. Motion by Grosshans and seconded by Dorenfeld that the members of the Planning Commission will meet on the site of Iten Chevrolet, 6701 Osseo Road, Tuesday, May 16, at 7:00 F.M. to consider the application for a sign variance. Motion carried unanimously. Motion by Bogucki and seconded by ©orenfeld to recommend to the Village Council that the moratorium upon the issuance of special use permits for multiple dwelling uses in residential (8-1) districts be extended to September 1, 1965, to provide time for completion of the "701" planning program. Notion carried unanimously. Notion by Grosshans and seconded by Jensen to adjourn. Meeting adjourned at 1 :35 Chairman i 164_ 167 Minutes of the proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota May 20, 1965 The rlanning Commission met in special session and was called to order by Chairman Al Kattar at 7:40 P.M. Roll Call : i:1 Kattar, Vern Ausen, Adrian Dorenfeld, Robert Jensen and Robert Grosshens were present. Helmer Engstrom and Henry Bogucki were absent. Member Vern Ausen introduced the following resolution and moved its adoption: WHEREAS, Iten Chevrolet has made application #65018 for a variance from the provisions of Section 35-330, Subdivision 2 (a) for a free standing sign; and WHEREAS, the Planning Commission has considered the statements of the applicant and has viewed the applicant's premises and has prepared pictures and drawings to further support its conclusion in this matter; and VdHEREAS, the applicant's property is located immediately adjacent to the North line of the right-of-way of Interstate 94 which highway is elevated to to such an extent that the applicant's property is deprived of exposure to the South; and 0HEREAS, motorists approaching the applicant's property from the South on State Highway 152 must pass under two 3 lane highway bridges; and WHEREAS, the entrance to the applicant's property for motorists approaching from the South is a very short distance from the above mentioned highway bridges; and WHEREAS, the Commission wishes to eliminate to the greatest extent passible, the danger of abrupt turning movements from the North bound lane of Highway 152 into the applicant's property; and WHEREAS, the Commission believes that such abrupt turning movements may be avoided by permitting the applicant to erect an identification sign which can be seen by North bound motorists South of the freeway grade elevations: NO11, THEREFORE, THE PLANNING COMMISSION OF THE VILLAGE OF BROOKLYN CENTER resolves to approve the following variance for the reasons specifically set forth above and recommend that the Village Council grant a variance from Section 35-330 (2a) to permit one free standing sign to be erected on the Iten Chevrolet property contingent upon compliance with the following conditions: 1. The sign shall be set back at least 20 feet from the East property line and 20 feet from the South property line measured from the center of the sign base. 2. The projected area of the sign shall not exceed 280 square feet. 3. The height of the sign shall not exceed 39 feet above the finsished floor elevation of the building, such height corresponding to 905 feet per Village datum. 168 s,.3�' t•. - }" .~:. - •^#' %" ,. .-�J �{ �R. rye. .rr :.t`. is t ,.e 165 The motion for the adoption of the foresoing resolution was duly seconded by member tdr.ian Dorenfeld and upon vote being taken thereon the following voted in favor thereof: Vern Ausen, �.drian Dorenfeld, Robert Grosshans, Robert Jensen and L.ifred .:attar; and the following voted aCainst the some: None; whereupon said resolution was declared duly passed and adopted. Motion by Jensen and seconded by Grosshans to adjourn the public hearing on application 965034 until Thursday, May 27. Motion carried unanimously. NOTE: Ralph Martinson of Dayton Development Company requested that consideration of the application for a special use permit be deferred because the revised site plan is not finished. The Dayton Oevelopment Company submitted a preliminary plan for development of the Brookdale area lying north of County (load 410 and west of Xerxes i-Wenue. The plan will be used by the Planning Commission in establishing zoning districts for the area. The Planning Commission reviewed the preliminary draft of the Comprehensive clan Brochure presented by Kermit Crouch of Hodne Asso- ciates, Planners for the `tillage. The brochure is to be distributed at the public informational meeting May 26, 1965. Motion by Dorenfeld and seconded by Jensen that the "701 Study" invoice dated May 20, 1965, submitted by Hodne Associates be approved and the Chairman, id Rattar, be directed to sign the invoice. Notion carried unanimously. Motion by Jensen and seconded by kusen to adjourn. meeting adjourned at 10:55 P.ii. Chairman 166 1 171 Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota_._ May 27, 1965 The Planning Commission met in special session and was called to order by the Vice-Chairman, Vern Ausen, at 7:55 P.M. Roll Call: Vern Ausen, Henry Bogucki, Robert Jensen, Robert Grosshans and i',drian Dorenfeld were present. Al Kattar and Helmer Engstrom were absent. Motion by Jensen and seconded by Grosshans to recommend to the Village Council that application #65034 submitted by Dayton Develop- ment Company be approved and a Special Use Permit be granted for a service station at 5710 Xerxes avenue, contingent upon compliance with the following conditions: 1. Approval of corrected site plan showing 15 foot green strip adjacent to the street right-of-way. 2. Variance to permit 1 free standing, non-flashing, identification sign not exceeding 16 feet in height to be located as shown on plot plan. 3. Final approval of building plans by the Building Inspector. 4. In the event that the rear driveway from the Brookdale parking lot should become a thruway, the Village Council may require the driveway to be closed. Motion carried unanimously. Motion by Jensen and seconded by Dorenfeld to close the public hearing on application 465037 submitted by D. H. Overmyer Company and withhold recommendation on the petition until the applicant can present a more acceptable site layout. Motion carried unanimously. Chairman 1-1 Kattar came into the meeting at this time and assumed the chair. The Planning Commission and the Planning Consultant continued the study and review of the Proposed Zoning Districts and the Commission directed the Consultant to proceed with the planning program. The Planning Commission instructed the Secretary to ask the Village Attorney for information on the authority and procedure for reserving undeveloped land for future public use. The next "701 Mork session will be held June 10, 1965. Motion by Dorenfeld and seconded by Bogucki to adjourn. Meeting adjourned at 11 :55 P.M. Chairman I 1 177 Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota June 3, 1965 The Planning Commission met in regular session and was called to order by Chairman Al Kattar at 7:45 P.M. Roll Call: Al Kattar, Vern Ausen, Helmer Engstrom, Adrian Dorenfeld, Robert Jensen and Robert Grosshans were present. Henry Bvgucki was absent. Motion by Dorenfeld to approve the minutes of the regular meeting May 13, 1965 and the special meetings May 20 and 27, 1965. Motion carried unanimously. Motion by Dorenfeld and seconded by Grosshans to recommend to the Village Council that application #65037 submitted by D.H. Overmyer Company be approved as follows: 1 . Grant a variance from Section 15-104 to permit land subdivision with metes and bounds description. 2. Approval of plot plan and parking arrangement with a variance from Section 35-704 to permit 30 parking spaces instead of 150. The variances and approvals shall be contingent upon compliance with the following: 1 . The entrance drive from France Avenue shall be South of the North line of 50th Avenue extended. 2. In the event that the operation changes from a warehouse use classification to any more restrictive use, the parking shall then conform to the requirements for the changed use. 3. If truck and car traffic created by this operation becomes a nuisance and a hazard on France Avenue, the Village Council shall require that 50th Avenue be opened West from France Avenue. 4. The building plans are subject to final check by the Building Inspector. Motion carried unanimously. Motion by Jensen and seconded by Dorenfeld to table application #65042 submitted by Roger Scherer to provide the petitioner time to prepare additional plans. Motion carried unanimously. Motion by Ausen and seconded by Engstrom to recommend to the Village Council that application #65026 submitted by Tom Wilder be approved and a variance from Section 35-401 granted to permit construction of a one story single family dwelling on a 49.3' x 119' substandard lot at 5317 Irving Avenue. Voting in favor of the motion Ausen, Engstrom, Kattar, Jensen and Grosshans. Not voting, Dorenfeld. Motion carried. Motion by Grosshans and seconded by Jensen to recommend to the Village Council that application #65032 submitted by Joe Iten be approved for the preliminary plat of Automotive acres addition, subject to the require- ments of the platting ordinance. Motion carried unanimously, -1- 178 1 1 1 179 Motion by Jensen and seconded by Grosshans torecommend to the Village Council that application #65033 submitted by W.W. Bolster be approved as follows: 1 . Presuming that the owner will dedicate the North 10 feet of the lot for street; a variance from Section 35-603 is recommended to permit a 40 foot street. 2. Variance from Section 35-401 to permit a 25 foot front yard building setback instead of 35 feet. 3. Variance from Section 35-401 to permit a 15 foot rear yard setback adjacent to the Freeway instead of 40 feet. 4. Construction on the lot shall be restricted to a one story, single family, detached dwelling. Motion carried unanimously. Bogucki came into the meeting at this point. Motion by Jensen and seconded by Bogucki to recommend to the Village Council that application #65035 submitted by Ken Bergstrom Construction be approved and the existing real estate for sale sign at 6842 Emerson Avenue be allowed to remain on the lot for a period of six months from May 1, 1965 on the condition that the lot be kept clean. Motion carried unanimously. Motion by Grosshans and seconded by Engstrom to recommend to the Village Council that application #65036 submitted by R.W. Anderson be approved and a variance from section 35-401 granted to permit construction of a 30` x 22` accessory building 3 feet from the East lot line instead of 5 feet. Voting in favor of the motion, Grosshans, Engstrom, Dorenfeld, Kattar, Jensen and Bogucki. Not voting, Ausen. Motion carried. Motion by Jensen and seconded by Dorenfeld to recommend to the Village Council that application #65038 submitted by Michael Wilder be denied. Voting in favor of the motion Jensen, Dorenfeld, Engstrom, Grosshans, Ausen and Bogucki. Voting against the same, Kattar. Motion carried. Motion by Bogucki and seconded by Dorenfeld to recommend to the Village Council that application #65039 submitted by Sidney Hagen be approved and a variance from Section 35-603 granted to permit construction of a single family dwelling on a lot that does not have frontage on a public street. The approval of the petition shall be contingent upon compliance with the following conditions: 1 . The existing dwelling, except the capped basement, on the lot shall be removed before a certificate of occupancy is issued for the new dwelling. 2. The existing outbuildings shall be torn down or removed from the lot within 3 years. 3. In the absence of a public street approval of the request shall not obligate the Village in any manner to furnish utilities, street maintenance, snow removal or any Village services other than those that the present or future owner may be legally entitled to under the present conditions. Motion carried unanimously. NOTE: Sidney Hagen has agreed to the stated conditions. -2- 180 1 Motion by Jensen, seconded by Bogucki to instruct the Village Attorney to prepare the necessary findings and resolution denying application #65040 submitted by Chrysler Motors Corporation. The resolution is to be submitted to the Planning Commission at their next meeting for adoption. Motion carried unanimously. Motion by Dorenfeld and seconded by Bogucki to table application #65041 submitted by Buyers Market because the applicant was not present to represent the petition. Motion carried unanimously. Motion by Bogucki and seconded by Grosshans to recommend to the Village Council that application #65043 submitted by Joslyn Manufacturing Company be approved and permission granted to construct a 28' x 40' office building in the industrial district at 49th to Franc# Avenue, subject to plan check by the Building Inspector. Motion carried unanimously. Motion by Bogucki and seconded by Engstrom to adjourn. Meeting adjourned at 12:10 A.M. Chairman -3- is 1 1 1 Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota June i, 1965 The Planning Commission met in special session and was called to order by Vice-Chairman Vern Ausen at 7 P.M. Roll Call: Vern Ausen, Helmer Engstrom,Henry Bogucki, Robert Jensen, and Robert Grosshans were present. Alfred Kattar and Adrian Dorenfeld were absent. Member Bogucki introduced the following resolution and moved its adoption: RESOLUTION REGARDING APPLICATION NO. 65040 FOR REZONING FROM R-1 TO B-3 WHEREAS, application has been made by Lawrence C. Brown for rezoning from R-1 to B-3 of the following described properties: Tract A Registered Land Survey No. 910, Hennepin County, Minnesota. A portion of Lot 23, Auditors Subdivision No. 25, Hennepin County, Minnesota. 1HEREAS, the Planning Commission has, pursuant to notice, held a public hearing on the application at the Brooklyn Center Village Hall on June 3, 1965 and has heard the applicant Lawrence Brown, Esq., Attorney for Chrysler Corporation, one of the property owners, Oscar Jones (his attorney, Clifford Wellman, Esq.), Douglas Goulet, project engineer for the applicant, and area residents; and WHEREAS, the Commission has considered the statements of each of the above persons and has considered its own knowledge and information relating to this application and finds as facts the following: 1. The described property is located between 61st and 62nd Avenues North in the Village of Brooklyn Center and fronts on Trunk Highway 152 or "Osseo Road." Across this road to the East are several single family residences and also the "P.B.C. Medical - Dental - Office Building." The property immediately adjacent to the South is occupied by four residential single- family dwellings and a Village Park. To the West are two more single family dwellings and a vacant lot. To the North is 62nd Avenue and beyond this the Bridgeman's Restaurant - Drive-in. As shown by Exhibit A, the area surrounding the subject property is primarily devoted to residential use. 2. The applicant has indicated that it intends to use the subject property for automobile servicing and repair and for the sale of new and used automobiles and for related purposes, including automobile body repair. 3. The applicant has stated that it anticipates from 44 to 65 "service" customers each day. The Commission believes that shoppers, employees, service personnel, persons test driving autos., etc. will create automobile trips substantially in excess of 65 trips per day at this property. 1 1 1 4. The only separation between the proposed B-3 property and surrounding homes would be a fence along the common property line. 5. The proposed use and many other B-3 uses will involve bright flourescent lighting to illuminate a major proportion of the property. b. The Village Planning Consultant in the course of analyzing Village land use and preparing the so- called "701" planning study has recommended that the subject property be zoned for a use involving less intense activity than the activity which may be expected in a B-3 zone. WHEREAS, the Commission reaches the following conclusions: 1. The proposed B-3 zoning envisions the high degree of activity and resulting noise, automobile traffic, glare of illuminating lights and auto headlights and other factors which are generally related to or grow out of the uses permitted in a B-3 zone. 2. This kind of use definitely affects the use and enjoyment of residential property since quiet, absence of glare, and absence of odor and dust are valued as being conducive to rest, relaxation, and generally the enjoyment of residential property. 3. The property immediately to the South and West of the subject property is presently occupied by single- family dwellings. The property beyond these dwellings is also solely residential for many blocks to the South and ',Nest. There are some commercial uses to the North (a Bridgeman's Drive-In, a gas station, and proposed grocery store) and across Csseo (load and to the South a medical office building and two filling stations. (Exhibit A). 4. The Commission concludes that the uses permitted by B-3 zoning will adversely affect the use and enjoyment of neighboring residential property. In particular, the Commission believes that the abrupt change from R-1 uses to B-3 uses with no transitional land uses whatsoever would seriously aggravate the conflict between the R-1 and B-3 uses. 5. The Commission also concludes that the service and sales traffic generated by a B-3 use such as that pro- posed will adversely affect safety of traffic movement and traffic congestion at this point on Osseo Road. 5. The Commission further concludes that a granting of this application would lend a retail commercial character to this portion of Osseo Road and the Commission notes that this extension of a retail commercial character would be contrary to the land use recommendations of the 701 planning consultant and contrary to planning principles developed as long ago as 1957 and embodied in Village zoning rules, regulations and maps. 7. The Commission notes, that the applicant has not suggested any rezoning but B-3 nor any use but car sales, service, repair and storage and has not suggested or attempted to demonstrate that the property might not be valuable for other uses as contemplated by other zoning. 1 8. Consequently, the Commission concludes that this application would cause a rezoning which would unfairly affect the interests of neighboring residential dwellers, users of Trunk Highway 152, and other citizens of the Village. The Commission, through its "701" land use study, has already recommended, at a public meeting held at the Northport School on the 26th of Isiay, 1965, a land use for the subject property less restrictive than the present R-1 zoning that would permit the owners of the subject property reasonable and profitable use without causing the detriment which would result from the present application. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE OF BRWKLLYN CENTER PLANNING COIuIPUSSION to deny application No. 65040. The resolution was duly seconded by Member Grosshans and upon vote being taken thereon the following voted in favor thereof: Bogucki, Grosshans, -incstrom, , Jensen and Ausen; Voting against the same: none. Motion carried. Motion by Jensen and seconded by Engstrom to recommend to the Village Council that in view of the exist,.-- ?ylon, on the building at 6801 Osseo Road and the previous use of the pylon for a sign, it is recommended that application 965041 be approved and Buyers Market and not their sucessors or assigns, be granted a variance from Section 35-320 to permit the following signs: 1. One sign attached to the front or North wall of the building not exceeding 15% of the wall or 288 square feet. The measurement of the sign is taken to be the maximum height and maximum width of the letters in the sign. 2. The wall sign shall not project above the roof of the building. 3. In addition to the wall sign, a painted sign will be permitted on the North side of the pylon. Such sign shall not exceed 32 feet in height above grade level and shall not exceed 250 square feet in area. Motion carried unanimously. Motion by Grosshans and seconded by Bogucki to adjourn. Meeting adjourned at 9:05 P.M. Chairman 16 1 1 1 j Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota June 10, 1965 The Planning Commission met in special session and was called to order by the Vice Chairman, Vern Ausen, at 7:35 P. ,M. Roll Call: Vern Ausen, Helmer Engstrom, Henry Bogucki and Hobert Grosshans were present, Alfred Kattar, Adrian Dorenfeld and Robert Jensen were absent. Motion by Grosshans and seconded by Engstrom to recommend to the Village Council that application No. 65048 submitted by Leon Chelmo be agproved to make it possible for the applicant to obtain a building permit for a car wash at 3401 County Road 410 contingent upon compliance with the following: 1. Construction details are subject to plan check by the Building Inspector. 2. A detailed design of the entrance drive shall be submitted to the Village Engineer and the County Highway Department for their approval with a serious attempt being made to minimize the traffic hazard. 3. No consideration is given to any signs for identi- fication or advertising the business. Motion carried unanimously. Motion by Gorsshans and seconded by Bogucki that the Planning Commission will not consider any petitions at meetings intended for study of the Comprehensive development Plan. The secretary is instructed to refer all requests for special consideration to the Chairman who may then call a special meeting to consider the petition. Motion carried unanimously. A. preliminary report of the permitted and special uses in the proposed zoning districts were presented by Kermit Crouch of Hodne Associates planners for the Village. The Planning Commission reviewed the report and instructed the planner to proceed with the final draft report. Motion by Engstrom and seconded by Grosshans that the "701 Study" invoice dated June 10, 1965, submitted by Hodne Associates be approved and the Vice Chairman, Vern Ausen, be directed to sign the invoice. Motion carried unanimously. Motion by Gorsshans and seconded by Bogucki to adjourn. Meeting adjourned at 11 :55 F.M. Chairman __ _ _ _ _ 1 1 1 Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota June 17, 1965 The Planning Commission met in special session and was called to order by Chairman Al Kattar at 7:30 P.M. Roll Call: Al Kattar, Vern Ausen, Helmer Engstrom, Robert Jensen, Robert Grosshans and Henry Bogucki were present. Adrian Dorenfeld was absent. Motion by Jensen to recommend to the Village Council that application 465046 submitted by Ed Zeller be approved. Motion failed for lack of a second. Discussion of the petition continued and member Jensen again made a motion which was seconded by Engstrom to recommend to the Village Council that application #65046 submitted by Ed Zeller be approved and a variance from Section 35-401 granted to permit construction of a single family residence with a side yard setback of 8 feet instead of 10 feet. Upon vote being taken Jensen and Engstrom voted in favor thereof. Voting against the same Ausen, Bogucki, Grosshans and Kattar. Motion failed for lack of a majority. Motion by Grosshans and seconded by Bogucki to recommend to the Village Council that application #65046 submitted by Ed Zeller be denied. Voting in favor of the motion Grosshans, Bogucki, Ausen and Kattar. Voting against the same Jensen and Engstrom. Motion carried. NOTE: The proposed building site is a standard 75 foot wide lot and the surrounding area is nearly 100% built up with single family dwellings, all of which are set back 10 feet from the side lot line adjacent to the habitable part of the dwelling. The majority of the Planning Commission feels that the supporting evidence does not indicate that the conditions upon which the petition for a variance is based are unique to the parcel of land for which the variance is sought and one not applicable, generally, to other property in the same zoning classification. Therefore, the denial of the petition would not create an undue hardship for the petitioner. Motion by Ausen and seconded by Engstrom to recommend to the Village Council that the request contained in application 465049 submitted by Brookdale Ford for signs be approved as follows: 1. The most easterly and the most westerly of the 5 existing sign structures may have the words A-1 USED CARS painted on the surface of the structures. 2. The center most of the 5 existing structures may have the words BROOKDALE FORD painted on the surface of the structure. 3. The 2-remaining structures are to remain blank. Motion carried unanimously. r'' cj Motion by Bogucki and seconded by Grosshans to recommend to the Village Council that the request contained in application #65049 submitted by Brookdale Ford for permission to expand the new and used car display area be apgroved. Motion carried unanimously. The Planning Commission and the Village Council together with the Planning Consultant and the Village staff members met in joint session to study the proposed development of the Brown Farm area. The Village Engineer, Don Poss, discussed the possi- bility of providing access to Highway #100 from the farm area and reported that the State Highway Department has agreed to design such access and include it in the plans for upgrading Highway 9100. Acting on a request by the University of Minnesota, consideration was given to rezoning the farm area for Industrial and Multiple dwelling uses. The consensus of opinion was that the Village should continue working with the University in the development of the area for the betterment of the Village and for the advantage of the developer. Motion by Jensen and seconded by Bogucki to accept the land use design plan for the Brown Farm . area. motion carried unanimously. The Planning Commission and the Village Council will meet in joint session NIednesday, June 23 at 8:00 P.M. to continue study of the proposed zoning districts. The Planning Commission will meet Wednesday. June 23 at 7:00 P.M. prior to the joint session. Motion by Jensen and seconded by Grosshans to adjourn. Meeting adjourned at 11:50 P.M. Chairman 10 1 r1: MEMO TO: Planning Commission Minutes FROM: Secretary of the Planning Commission DATE: June 23, 1965 Members of the Planning Commission and the Village Council met at the Village Hall at 8:30 P.M. The following were present: Planning Commission - Al Kattar, Vern Ausen, Helmer Engstrom, Robert Jensen and Robert Grosshans Village Council - Mayor Gordon Erickson and Trustees Phil Cohen and Howard Heck Staff - A. J. Lee, Donald Posse J. Murphey and R. Cihoski. The purpose of this meeting was to bring members of the Council up to date on proposed zoning districts to be used under the forth- coming comprehensive plan. Meeting adjourned at 11:00 P.M. i 1 1 c� MEMO TO: Planning Commission Minutes FROM: Planning Commission Secretary DATE: June 24, 1965 Members of the Planning Commission met at the Village Hall at 6:25 P.M. The following were present: Planning Commission: Al Kattar, Vern Ausen and Robert Grosshans Staff: J. Murphey and R. Cihoski Planning Consultant: Kermit Crouch The purpose of this meeting was to examine zoning districts and uses allowed in them. Meeting adjourned at 11:00 P.M. L? 1 1 Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota July 1, 1965 The Planning Commission met in regular session and was called to order by Vice-Chairman Vernon Ausen at 7:40 P.M. Roll Call: Vernon Ausen, Robert Jensen, Helmer Engstrom and Robert Grosshans were present. Henry Bogucki arrived during the discussion of the Scherer application. Adrian Dorenfeld and Al Kattar were absent. Motion by Jensen and seconded by Engstrom to approve the minutes of the regular meeting of June 3 and the special meetings of June 7, 10 and 17 as submitted. Motion carried unanimously. Motion by Jensen to recommend to the Village Council that application #65044 submitted by Edwin Kangas for a variance from Section 35-401 to permit a detached garage setback three feet from the south lot line and 12 feet from the house at 6812 Emerson Avenue North (Lot 20, Block 1, Brooklyn Hi Addition) be approved. Motion failed for lack of a second. Motion by Engstrom, seconded by Grosshans to recommend to the Village Council that application 965044 be denied on the ground that the applicant does not show that a particular hardship would result from compliance with the requirement of a 20 foot setback from - the house. Voting in favor of the motion Grosshans, Engstrom and Ausen. Voting against the same Jensen. Motion carried. Motion by Jensen, seconded by Groashans, to recommend to the Village Council that application #65045 submitted by Robert Schmitt for a special use permit to allow the operation of a beauty shop as a special home occupation in the basement of the home at 6200 Osseo Road (in an R-1 zone) be approved provided that: 1. the applicant meets building code requirements: 2. the use is restricted to the petitioner as occupant of the house; 3. the driveway be capable of accommodating two customers' cars; 4. the permit comes up for review three years from the date of Council approval to determine whether it shall be allowed to continue. Motion carried unanimously. Motion by Grosshans, seconded by Jensen, to recommend to the Village Council that application #65047 submitted by G. E. Viehman to rezone the property at 5519 Lyndale Avenue North (parcels 2200 and 2300 in Garcelon's Addition) from R-1 to R-B to permit the development of apartments by a future owner be denied. Motion carried unanimously. The Commission stated to the applicant that the denial was based on the following: 1. Rezoning to R-B would not guarantee the erection of apartments rather than office or commercial establishments; 2. The moratorium on the issuance of special use permits for multiple dwellings in an R-1 zone (which would provide such a guarantee) will end Novsaober 28. 1965. 19 1 Motion by Jensen, seconded by Grosshans to recommend to the Village Council that application #65050 submitted by Thomas Wilder to rezone the property at 73rd and Osseo Road (part of Lot 19, Auditors Subdivision 957) from R-I to R-B to permit development of apartment on the property be denied. Motion carried unanimously. The Commission stated to the application that the denial was based on the following: 1. 'later and Sewer is unavailable at the site at the present time; 2. The installation of these utilities would be extremely expensive due to the Shingle Creek depression. The Commission further stated that is the problem of sanitary facilities can be resolved (most likely at the expense of the developer), the proposal may be brought before the Commission again, but it should be approved by our Engineer beforehand. Motion by Jensen, seconded by Grosshans, to recommend to the Village Council that the preliminary plat submitted by Fred S. Yesnes of the property in the vicinity of 71st to 73rd Avenues and Camden Avenue North (parts of Lots 34, 35 and 36, Auditors Subdivision 309) be approved. provided that: 1. Lot 7, Block 1, be declared an outlot until an additional 5 feet of land is acquired and joined to it; 2. A variance on Lot 1, Block 1, be allowed to permit an 80 foot rather than 90 foot frontage on a corner lot; 3. A variance be provided for lots 2, 3, 4, 5, 6 of Block 2 to allow frontages of -/+ 74.2 feet and areas of 9423 square feet; 4. A bond be posted guaranteeing removal of the existing buildings on Lots 7, 8, 9 of Block 1, by October, 1966; 5. The building in Block I extending into the Woodbine Lane street right-of-way be relocated; 6. The developer negotiates successfully for the acquisition of the Park land necessary for the completion of his plat; 7. A copy of the purchase agreement with Mr. Gray, present owner of part of the subject land and buildings thereon, be placed on file in the Village Offices. Motion carried unanimously. Motion by Jensen, seconded by Engstrom to recommend to the {pillage Council that application 965042 submitted by Roger Scherer to rezone his property at 71st and Lyndale Avenue North from R-1 to R-B, and approve a site plan and parking arrangements to permit construction of four 5 unit town house type multiple dwellings be denied. Voting in favor of the motion Ausen, Jensen, Engstrom and Grosshans. Voting against the same none. Abstaining was Bogucki who had arrived during the discussion. 2r 0 The Commission explained that: 1. The proposed rezoning was premature; 2. The Commission had not as yet explored the subject of townhouses; 3. The proposed land use map does not suggest town- houses in the area at this time. The Planning Commission stated agreement to the proposal by Mr. Scherer that he provide them with a filmed program on the subject of townhouses at some future date. A short recess was called at 10:55 P.M. The Planning Commission reconvened at 11:07 P.M. Member Engstrom introduced the following resolution and moved its adoption: RESOLUTION WAIVING NOTICE REQUIREMENT SET FORTH IN SECTION 35-220 OF VILLAGE ORDINANCES WHEREAS, notice was given for a Planning Commission public hearing on April 29, 1965, and Village Council hearing on itliay 3, 1%5 concerning the issuance of a special use permit for a gasoline service station on part of Lots 4, 5, 6 and 7, of Olson's Island View Addition; and V1HEREAS, abutting property owners did appear at the hearings and expressed approval of the special use permit; and VJHEREAS, the Planning Commission and the Council approved the special use permit subject to the following conditions; 1. The parcel or property to be used for the service station shall be combined into a single parcel by registered land survey or by platting. 2. A dimensional site layout and building plans shall be submitted to the Planning Commission for approval before any construction is started. 3. Mr. Luchsinger executes an agreement to convey the street right-of-way for 66th Avenue between Lyndale Avenue and 11illow Lane; and WHEREAS, iir. Luchsinger has complied with Item (3) above; and VHEREAS, Mr. Luchsinger needs the approval of the site layout and the building plans before he can complete the negotiations for the purchase of the property; and €'JHEREAS, the options held by Mr. Luchsinger are expiring and there is not sufficient time to give the required notice to abutting property owners concerning the request for certain variances; and 11HEREAS, the Planning Commission has determined that abutting property owners have been given noticesof the change in land use and that they do not object; and t1HEREAS, the variances requested in application 465053 do not materially affect abutting property. 2 i 23 BE IT HEREBY RESCUED that the requirement of notice of hearing for the granting of variances requested in Application 465053 be waived. The motion for the adoption of the foregoing resolution was duly seconded by member Bogucki and upon vote being taken thereon, the following voted in favor thereof: Vernon Ausen, Robert Jensen, Helmer Engstrom, Henry Bogucki amd Robert Grosshans; and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. Motion by Grosshans, seconded by Jensen, to recommend to the Village Council that it approve application 1$65053 submitted by Ralph Luchsinger to approve the plot plan of the proposed Phillip's gasoline service station at 66th and Lyndale Avenue North (parts of lots 4, 5, 6, 7, Olson's Island View Addition), provided that: 1. A variance from Section 15-104 to divide land by metes and bounds is approved; 2. A variance from Section 35-330 is granted to allowed a free-standing sign 27 feet above the finished floor grade of the building with no more than 144 square feet of area on each of the two faces of the sign; 3. A variance from Section 35-413 for the driveways to be installed at the distances from the inter- section shown on the plans; 4. Required variances on green areas be approved as shown on plans; 5. The west side of the north drive is aligned with the East side of the pump island as shown on the plans. Motion carried unanimously. Motion by Bogucki to adjourn. Meeting adjourned at 12:07 F.M. Chairman 24 Y d Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota July 15, 1965 The Planning Commission met in special session and was called to order by Chairman Al Kattar at 7:40 P.M. Roll Call : Al Kattar, Robert Jensen, Helmer Engstrom, Henry Bogucki, and Robert Grosshans were present. Vernon kusen and Adrian Dorenfeld were absent. illso present were the following: Council - Mayor Gordon Erickson, Clerk Earl Simons, and Trustees John Leary, Phil Cohen and Howard Heck. Staff - A. J. Lee and R. Cihoski Planning Consultant - K. Crouch The Preliminary Draft dated July 15, 1965, was studied, with additions and deletions being suggested by those present. The Planner was instructed to have the changes suggested included. in a draft of zoning districts pertaining to the University of Minnesota's property at the next meeting so that such information might be given to the Univeristy as soon as possible. Motion by Grosshans, seconded by Engstrom, that the "701 Study" invoice dated July 15, 1965, submitted by Hodne Associates be approved and the Acting Vice Chairman Robert Jensen be directed to sign the invoice. Notion carried unanimously. (Al Kattar had left the meeting at 9:20 P.M.) Motion by Engstrom,, seconded by Grosshans, that the meeting be adjourned. Motion carried unanimously. Meeting adjourned at 12:05 A.M. Chairman 28 MEMO TO: Planning Commission Minutes FROM: Planning Commission Secretary DATE. July 8, 1965 Members of the Planning Commission and the Village Council met at the Village Hall at 7:45 P.M. The following were present: Planning Commission - Al Kattar, Vern Ausen and Henry Bogucki Village Council - Mayor Gordon Erickson, Clerk Earl Simons, Trustees Phil Cohbn, Howard Heck and John Leary Staff - A. J. Lee, J. Murphey and R. Cihoski. Planning Consultant - Kermit Crouch The purpose of this meeting was to refine the requirements of the proposed zoning ordinance and subdivision regulations. Meeting adjourned at 11:27 P.M. �f �, 29 MEMO TO: Planning Commission Minutes FROM: Planning Commission Secretary DATE: July 22, 1965 I Members of the Planning Commission and the Village Council met at the Village Hall at 7:50 P.M. The following were present: Planning Commission - Alfred Kattar, Robert Jensen and Henry Bogucki. Village Council - Mayor Gordon Erickson, Clerk Earl Simons and Trustee John Leary. Staff - A. J. Lee, Donald Poss, Maclay Hyde and Richard Cihoski. Planning Consultant - Thomas Hodne Also present were several interested citizens and members of the Industrial Development Commission. The purpose of this meeting was to refine the zoning districts and their requirements ;so as to be able to rezone the Earle Brown Farm in the immediate future. Meeting adjourned at 11 :45 P.M. r)l� MEMO TO: Planning Commission Minutes FROM: Planning Commission Secretary DATE: July 29, 1965 Members of the Planning Commission and the Village Council met at the Village Hall at 8:00 Y.M. The following were present: Planning Commission - Vernon Ausen and Henry Bogucki Village Council - Mayor Gordon Erickson, Clerk Earl Simons and Trustee Phil Cohen Staff - A. J. Lee, J. Murphey and Richard Cihoski Planning Consultant - Thomas Hodne The purpose of the meeting was to discuss the proposed rezoning of the Earle Brown Farm area so that the Administrator could prepare an ordinance for that purpose. Meeting adjourned at 11 :30 P.M. 36 1 1 1 43 [,inutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota August 5, 1965 The Planning Commission met in regular session and was called to order by Chairman 41fred Kattar at 7:45 P.P.I. Roll Call: i1 fred Kattar, Vernon Ausen, Robert Jensen and Henry Bogucki were present. Helmer Engstrom, Robert Grosshans and Arian Dorenfeld were absent. Motion by Jensen, seconded by Bogucki, to approve the minutes of the regular meeting of July I and the special meeting of July 15 as submitted. Voting in favor of the motion were Kattar, Jensen, and Bogucki. Not voting, Ausen. Motion carried. Motion by Bogucki, seconded by Jensen, to recommend to the Village Council that application 965054 submitted by Robert L. Johnson for rezoning of Parcel #3675, Auditor's Subdivision #218, from R-1 to R-B be denied, since the application was with- drawn by the applicant. Motion carried unanimously. Motion by Ausen, seconded by Bogucki, to recommend to the Village Council that application #65052 submitted by Martin Paulet for a special use permit to allow the sale of religious articles from his garage be denied for the following reasons: 1) The proposed use is not allowed by our ordinance, as the stock in trade is not indicental to a service. 2) Approval of this use would set a precedent in the Village for the sale .nf mrchondis+a from homes. Voting in favor of the motion were Ausen and Bogucki. Voting against the motion were Kattar and Jensen. Wtotion failed for lack of a majority. Motion by Jensen, seconded by Ausen, to refer application #65052 submitted by Martin Paulet to the Village Council without a recommendation due to the lack of majority on the question. Motion carried unanimously. Motion by Jensen, seconded by Bogucki, to recommend to the Village Council that application #65055 submitted by Curtis Erickson for a variance from Section 35-401 to allow construction of a garage on his property at 4821 Twin Lake Avenue, three feet from the front lot line be denied. Motion carried unanimously. Motion by Jensen, seconded by Bogucki, to recommend to the Village Council that application #65056, submitted by Ralph Ditzler, for a variance from Section 35-310 to allow the construction of a garage 22' x 102' on the property at 207 - 65th Avenue North be approved with the condition that the garage as built will be restricted to use by the tenants of building 207 only. Motion carried unanimously. Motion by Ausen, seconded by Jensen, to recommend to the Village Council that application #65058, submitted by Walter Syverts, for a variance from the required side yard setbacks of Section 35-401 for the property at 5557 Logan Avenue North be approved to allow a 15' setback from the right-of-way, as this was the provision in effect when the property was platted. Motion carried unanimously. ,� ..A .. .... � d ;; '• r .. �. �1. -J� .., � ,. � � �. �1 . • . ., r C .`;. . .. s...fi:. t � . .. .'s. � ' r iYi i1; .' . ,. ..,� t• '�'� . ,. • �.:° _ -, tSr .. � �. �• f r � • .� K� i . { Y S°f e� .. _. � t .. { .. .. .. 1 . j .. + � � r .. a .... � 4 8_/ Motion by Jensen, seconded by 8ogucki, to recommend to the Village Council that application #65059, submitted by Richard Gardner, for a variance from the required rear yard setback of Section 35-401to allow construction of a garage 3 feet from the east property line of the property at 6018 Halifax Avenue North be approved. Motion carried unanimously. A. J. Lee, Village Administrator, presented several maps prepared by Hodne Associates, for use in planning reports and discussed them with the Commission. Motion by Jensen, seconded by Ausen, to adjourn. Motion carried unanimously. Meeting adjourned at 10:30 P.M. Chairman 46 1 1 <:t Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and Stale of Minnesota August 12, 1965 The Planning Commission met in special session and was called to order by Chairman Alfred Kattar at 8:05 P.M. Roll Call : Chairman Alfred Kattar, Vice-Chairman Vernon Ausen, Commissioners Henry Bogucki, Robert Jensen, and Robert Grosshans were present. Helmer Engstrom and Adrian Dorenfeld were absent. Also present were: Council - Mayor Erickson, Clerk Earl Simons, Trustees Philip Cohen, John Leary and Howard Heck. Planning Consultants.- Thomas Hodne and Kermit Crouch Staff - A. J. Lee, Donald Stark and Richard Cihoski Public - Approximately 30 interested citizens. Chairman Kattar declared at 8:05 P.M. that the public hearing on the rezoning of the Earle Brown Farm and certain adjacent lands was open, and introduced Mr. Hodne to the audience, suggesting that he present background information on the rezoning. Mr. Hodne did so, with a question and answer period following. Motion by Ausen, seconded by Jensen, to close the public hearing and take the matter under advisement. Notion carried unanimously. The public hearing was declared closed by Chairman Kattar at 9:35 P.M. A period of discussion of the proposed rezoning commenced between members of the Commission. Motion by Bogucki to recommend to the Village Council that the proposed zoning of the Brown Farm area be accepted as presented in the ordinance amendment with minor revisions as suggested earlier in the evening. Motion failed for lack of a second. Motion by Jensen, seconded by Grosshans, to recommend to the Village Council that the proposed zoning of the Brown Farm area be accepted with the minor revisions suggested earlier in the evening, and with R3 zoning in the parcel abutting Elsen"s City View 3rd Addition, and R7 zoning in the parcel south of the freeway previously contemplated as being R3. Voting in favor of the motion were Jensen, Grosshans, and Kattar. Voting against the motion was Bogucki. Not voting Ausen. Motion carried. Motion by Grosshans, seconded by Jensen, to approve the plans submitted by J. C. Penney Company for the addition to their existing facility at Brookdale Center. Motion carried unanimously. Motion by Jensen, seconded by Grosshans, to recommend to the Village Council that photographs of the design models be accepted in place of urban design sketches, and that extra meetings attended by Hodne Associates be accepted in place of brochures for the zoning ordinance and capital improvement program. Further, that the Administrator be directed to contact the third party to the contract, the State of Minnesota, and secure their agreement to such substitions. Motion carried unanimously. The Planning Commission was presented with volumes entitled Plan Effectuation Devices by Hodne Associates. 51 Motion by Bogucki, seconded by Ausen, that the "701 Study" invoice dated August 1, 1965, be approved, and the Chairman directed to sign the invoice. Motion carried unanimously. Motion by Jensen, seconded by Ausen, that the "701 Study" invoice dated august 12, 1965, bringing the total payments to 100% be approved, with the understanding that there will be forth- coming printed brochures and plan books as per the letter dated August 12, 1965. Further, that the Chairman be directed to sign the invoice. Motion carried unanimously. Motion by Bogucki, seconded by Grosshans, to adjourn. Motion carried unanimously. Meeting adjourned at 12:45 A.M. Chairman 1 1 1 221 MEMO TO: Planning Commission Minutes FROM: Planning Commission .Secretary DATE: September 9, 1965 Members of the Planning Commission and the Village Council met at the Village Hall at 8:00 P.M. The following were present: Planning Commission - Vice Chairman Vernon Ausen and Commissioner Helmer Engstrom Village Council - Mayor Gordon Erickson, Clerk Earl Simons, Trustees Philip Cohen and Howard Heck Staff - A. J. Lee, MacClay Hyde and Richard Cihoski Public - Approximately ten persons representing neighborhood planning committees and the Chamber of Commerce were present. The purpose of this meeting was to study the problems involved in rezoning the Village, and more specifically, to examine legal impli- cations of various zoning actions on the Osseo Road. Mr. Hyde was consulted extensively during the evening for his legal opinion. Meeting adjourned at 11:25 P.M. Minutes of the Proceedings of the 59 Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Priinnesota September 2, 1965 The klanning Commission met in regular session and was called to order by Chairman Alfred Kattar at 7:35 P.M. Roll Call: Chairman Alfred Kattar, 'Dice-Chairman Vernon Ausen, Commissioners Robert Jensen, Helmer Engstrom, Robert Grosshans, and Henry Bogucki were present. Adrian Dorenfeld was absent. Motion by Jensen, seconded by Ausen, to approve the minutes of the regular meeting August 5, 1965 and the special meetings of August 12, 19, and 26 as submitted. Motion carried unanimously. Chairman Kattar called for the first applicant on the agenda, Harley Preitz, to step forward. No reply was heard, and the appli- cation was set aside. Chairman Kattar called the name of the second applicant on the agenda, Henning Peterson, and was asked by Mr. Peterson to delay the hearing on his application for a few minutes. At this point, Mr. Preitz arrived, and the hearing on his application began. �'iotion by Bogucki, seconded by Engstrom, to recommend to the Village Council that application 965060 submitted by Harley Preitz for a special use permit to allow the sale of milk products on the premises of a service station at 6830 Osseo Road be denied due to the fact that milk is a perishable foodstuff and the sale of it does not seem compatible with a service station operation. Voting in favor of the motion were Bogucki, Engstrom, Ausen and Jensen. Voting against the motion was Kattar, Motion carried. In connection with the above denial, the following was said: 1) Ausen is concerned with the use of accessory buildings on service station property and congestion caused by customers of this additional use. i 2) Jensen believes milk is not an item inoidental to a service station use, although changing merchandising techniques may require consideration of such uses in the future. I4r. Rolland Billings and his architect presented a proposed development for the property named in application #65062 to the Commission and audience, after which the Commission entertained comments from nearby property owners. Notion by Grosshans, seconded by Bogucki, to recommend to the Village Council that application #65062 submitted by Rolland Billings for a rezoning of the property at 5347 Osseo Road from R-1 to R-B be denied, due to the fact that the proposed zoning is inconsistent with the present zoning and land use of the surrounding area. Motion carried unanimously. In connection with the above denial, Mr. Ausen stated that he was concerned with the generality of the RB zone classification, and is looking forward to adoption of more specific "R" zones. Mr. Henning Peterson and nearby property owners were heard in regard to application #65061. (s�! �?1 -2- Motion by Jensen, seconded by Ausen, to recommend to the Village Council that application 865061 submitted by Henning Peterson for rezoning of the property known as the south half of parcel 2500, Mendenhall's Outlots, from R1 to Rb be de_ni d because: 1) the uses allowed by RB zoning have not been proposed for this area in the Comprehensive plan now under study; 2) the argument that the land cannot be developed due to the location of school district boundaries is not a good one. Motion carried unanimously. In connection with the above denial, the following was said: 1) Ausen was again wary of the generality of RB zoning. 2) Jensen felt that he would like to see this section of the Village develop as single family residential. Motion by Jensen, seconded by Grosshans, to recommend to the Village Council that application #65063 submitted by Darrel Farr involving rezoning from R1 to RB, a variance on the floor area ratio and the amount of land required for the plans submitted, and approval of plot plan including parking layout be approved for the property at the Northwest corner of 65th Avenue North and Willow Lane, (referred to as Lot 1, Block 1, Farr's First Addition) provided that: 1) Lot 1, Block 1, be so divided as to provide a tract of 48,120 square feet and must be recorded as a separate parcel of land; 2) the variance on the amount of square footage required be limited to a deficiency of 480 square feet; 3) sufficient parking space be provided to allow two parking stalls per dwelling unit; 4) a maximum of 18 dwelling units be included in the building; 5) building plans be subject to the building inspector's approval. Motion carried unanimously. Notion by Jensen, seconded by Grosshans, to recommend to the Village Council that application 465064 submitted by Metropolitan Design/Engineers for plot plan - parking plan approval for a 3 - building apartment house development on Lot 2, Block 1, Hellsted Addition be approved, provided that: 1) two parking stalls be provided for each dwelling unit; 2) a maximum of 34 units be built on the property. Motion carried unanimously. Motion by Jensen, seconded by Grosshans, to adjourn. tilotion carried unanimously. Meeting adjourned at 10:30 P.M. The meeting was against called to order by Chairman Alfred ICattar at 10:59 P.M. -3- Chairman Kattar announced his resignation to the Commission and handed the gavel to Vice-Chairman Vernon Ausen. Vice-Chairman Ausen entertained motions for nominations for the office of Chairman. Motion by Bogucki, seconded by Engstrom, that Robert Jensen be elected to the office of Chairman of the Planning Commission. Motion by Engstrom, seconded by Grosshans, that nominations be closed. Vice-Chairman Ausen called for a vote on the motion that Robert Jensen become Chairman of the Commission. Upon a vote being taken, and all being in favor, Robert Jensen was declared the new Chairman of the Planning Commission of the Village of Brooklyn Center, whereupon he assumed the chair and called for a motion to adjourn. Motion by Grosshans, seconded by Engstrom, that the meeting be adjourned. Motion carried unanimously. Meeting adjourned at 11:05 P.M. Chairman 1 1 1 fiinutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota August 26, 1965 The Planning Commission met in special session and was called to order by Chairman Alfred Kattar at 7:40 P.M. Roll Call: Chairman Alfred Kattar, Vice-Chairman Vernon Ausen, Commissioners Helmer Engstrom, Robert Jensen, Robert Grosshans and Henry Bogucki were present. Also present were: Council - Liayor Gordon Erickson, Clerk Earl Simons, Trustees Howard Heck and John Leary. Staff - A. J. Lee and Richard Cihoski. Chairman Kattar stated that he would be resigning his position following the regular meeting September 2, and suggested that the other members of the Commission begin thinking of whom they would like to appoint in his place. Discussion for the evening centered on the zoning map of Plan Effectuation Devices submitted by Hodne Associates. Motion by Engstrom, seconded by Jensen, to adjourn. Notion carried unanimously. Meeting adjourned at 11 :40 P.M. Chairman Sf. Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of lie. � _ f Minnesota August 19, 1965 The Planning Commission met in special session and was called to order by Chairman Alfred Kattar at 7:45 P.M. Roll Call: Chairman Alfred Kattar, Vice-Chairman Vernon Ausen, and Commissioners Henry Bogucki, Robert Grosshans, Robert Jensen and Helmer Engstrom were present. Adrian Dorenfeld was absent. 41so present were the following: Council - Mayor Gordon Erickson, Trustee Howard Heck and Philip Cohen Staff - A. J. Gee and Richard Ciboski The Commission discussed the zoning map included in glpn Effecctultion Devices submitted at the August 12th meeting by Hodne Associates. The classification of certain areas of the Village was discussed, and alterations to the map as submitted were suggested and agreed upon. Motion by Bogucki, seconded by Ausen. that the meeting be adjourned. Motion carried unanimously. Meeting adjourned at 12:00 midnight. Chairman 1 1 1 171 Minutes of the Proceedings of the PlanninV Commission in the Village of Brooklyn Center in the County of Hennepin,andd State of Minnesota September 13, 1965 The Planning Commission met in special session and was called to order by Vice-Chairman Vernon kusen at 10:10 P. I. (loll Call: Vice-Chairman Vernon Ausen, Commissioners Helmer Engstrom, Robert Grosshans and Henry Bogucki were present. obert Jensen and Adrian Jorenfeld were absent. Notion by Bogucki, seconded by Engstrom, to recommend to the Village Council that the plot plan and building plans submitted by Elof Norberg for Northbrook Shopping Center's proposed addition be approved, provided that: 1. at least 401 parking spaces be provided for the shopping center as it will exist after the addition of the proposed Pilgrim Cleaners building; 2. wheel stops be provided along the north driveway so that 20 feet of clear space is available at all points along its length; 3. green strips be provided and maintained as shown on the plans. Notion carried unanimously. Motion by Engstrom, seconded by Bogucki, that the meeting be adjourned. Motion carried unanimously. Meeting adjourned at 11;03 P.M. Chairman 172 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION IN THE VILLAGE OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND STATE OF MINNESOTA September lb, 1965 The Planning Commission met in special session and was called to order by Vice-Chairman Vernon Ausen at 7:30 P.M. Roll Call : Vice-Chairman Vernon Ausen, Commissioners Henry Bogucki and Helmer Engstrom were present. Adrian Dorenfeld, Robert Jensen and Robert Grosshans were absent. Also present were: Donald Poss, Thomas Hadd, Roger Scherer and Richard Cihoski. , Mr. Scherer proceeded with a slide program dealing with Townhouse developments at 8:00 P.M. Following this film presentation, a discussion about townhouses took place. Questions of densities, size of developments, building codes, marketability and zoning in connection with the above were examined. The subject of conversation shifted to a consideration of the proper fashion in which to recognize long service to the community by members of official municipal bodies and others. It was generally felt that the Village Council should take the lead in this Brea, perhaps with an annual dinner recognizing persons who have given much of themselves to the Village. Mr. Ausen returned to planning matters with a discussion of the Osseo Road, dealing specifically with the C1 zone. He stated that various councilmen had asked what actually could be done in a Cl zone, and if the list of permitted uses should be expanded. He went on to say that it is possible to think of two types of commercial uses on Osseo Road; one inherently objectionable, one inherently unobjectionable. The factors which affect the status of every use in one category or another are lighting, noise, general activity, the time of day when activity takes place (day versus night) . There are ways of screening unsightliness, but nighttime activities generally involve noise, lights, etc., which are objectionable, and is difficult, if not impossible, to screen. Following a comment by Mr. Ausen that the list of permitted uses might be lengthened with an actual list rather than general categories, Mr. Bogucki stated that he felt the Cl classifi- cation to be sufficient as it exists, and that further break- down of the classifications is unnecessary, due to the inclusion of the phrase "such as" in the list of permitted uses. Ausen and Engstrom replied to this that the Cl classifi- cation should be kept as it is, but that the list could be expanded a bit with permitted uses of the service/office type, leaving out. retail. Mr. Ausen sugVeted that perhaps the answer is to reorganize the list a bit so the permitted uses will show up better, perhaps along the 1 ®s of the C.2 and C3 categories. The Commission decided there would be no special meeting called for Thursday, September 23. Motion by Bogucki, seconded by Engstrom, that the meeting be adjourned. Motion carried unanimously. Chairman 66 85 Minutes of the ProceedinUs of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota October 7, 1965 The Planning Commission met in regular session and was called to order by Chairman Robert Jensen at 7:33 P.M. Roll Call: Chairman Robert Jensen, Vice-Chairman Vern Ausen, Commissioners Robert Grosshans, Helmer Engstrom,, Adrian Dorenfeld, and Henry Bogucki were present. Also present were: Staff - A. J. Lee, Maclay Hyde, Richard Cihoski and a court reporter Audience - approximately 50 interested persons. Motion by Ausen, seconded by Bogucki, that the minutes of the regular meeting of September 2, 1965, and special meetings September 13th and 16th be approved as submitted. Motion carried unanimously. Chairman Jensen opened the public hearing on application 465065 by Chrysler Corporation and informed all those present of the presence of a court reporter who would record the hearing. Mr. Brown, attorney for Chrysler Corporation, asked for the floor, and explained Chrysler's reasons for its rezoning request. He stated that Chrysler would be willing to accept a lesser zoning for the new car storage area than B3, and suggested B1 for this purpose. A. J. Lee, Administrator, suggested an even less intensive zoning to R3, whereupon Chrysler stated that any zoning which would legally allow them to store new cars to the rear of the property would be acceptable to them, Following Mr. Brown's statements,, arguments were heard pro and con from residents notified and other interested spectators. Motion by Dorenfeld, seconded by Bogucki, that the hearing be closed on application 965065, and the matter be taken under advisement, Motion carried unanimously. The Chairman explained the above action to the applicant by stating that there is new information to review. Mr. Brown asked for an estimated date for a decision by the Commission, and received 30 days at the most as an answer from the Chair. Mr, Hyde, Village Attorney, suggested that the motion be to adjourn the hearing rather than close it.. Motion by Dorenfeld,. seconded by Bogucki, to correct the previous motion to a motion to adjourn the public hearing rather than close it. Motion carried unanimously, The Chairman called a recess at 9:09 P.M., and Commissioner Dorenfeld left the meeting. The meeting was again called to order at 9:14 P.M. Motion by Ausen, seconded by Engstrom, to recommend to the Village Council that application 965066 for a variance on setback requirements of Section 35-330 to allow a 12' x 8' monument-type sign 5'8" from the 1 1 1 83 -2- highway right-of-way and approximately 15 feet from the south side of the driveway opening at the Lynn Brook Shopping Center (Lot 1, Block 1, Ewing Lane Addition) be denied, in that this type of solid masonry wall would constitute a traffic hazard at the location proposed. Motion carried unanimously. Mr, Ausen mentioned that the proposed sign ordinance provides for a free-standing sign for integrated developments such as this. IJr. Bogucki stated he liked the appearance of the sign, but the location proposed was unacceptable. Mr. Jensen suggested that perhaps Macey Signs could revise their plan somewhat. Motion by Bogucki, seconded by Grosshans, to recommend to the Village Council that application #65067 submitted by John Casey for a variance on sideyard setback requirements of Section 35-401 and 35-402 to allow a 3 foot setback from the north property line at 5833 Pearson Drive (Lot 27, Block 6, Pearson's Northport 3rd addition) for an attached garage be approved. Motion carried unanimously. Iur. Jensen noted that the lot is oddly shaped, and the configuration of the land as noted by Mr. Casey would make construction of or access to a garage anywhere else on the property extremely difficult. Motion by Grosshans, seconded by Engstrom, to recommend to the Village Council that application #'65069 submitted by Ed Pendy for a variance from setback requirements of Section 35-401 and 35-402 to allow construction of a 12 foot addition to the east side of the house at 5916 Ewing avenue North (Lot 1, Block 2, Pearson's Northport 3rd Addition) which would result in an 8 foot side setback, be approved. Voting in favor of the motion were Jensen, Grosshans, Bogucki and Engstrom. Mr. Ausen stated that he had a conflict of interest as a member of the Cross of Glory Church, and did not vote. Motion by Ausen, seconded by Bogucki, to recommend to the Village Council that application 465070 submitted by Nordquist Sign Company for variances from Sections 35-330 to allow installation of two 3'6" x 6' free-standing signs 30 feet from the curb near each of the two entrances to Boutell's parking lot, and to allow erection of three 4' x 12' ornamental iron signs on the building itself, be approved for the Boutell property at Brookdale Center, provided that the free- standing signs be removed in 10 years or whenever the abutting property is developed, whichever is sooner. Motion carried unanimously. Mr. Ausen again referred to the proposed sign ordinance, and stated that perhaps the entrance signs are necessary now but they will probably cease to be so in the future when Brookdale is developed. Motion by Engstrom, seconded by Ausen, to recommend to the Village Council that application #65071 for variances from Section 35-401 and 35-402 to allow construction of two homes on two 50' substandard lots (Lots 5 and 6, Block 1, Linden Shore on Twin Lake Addition) be annroved, for the reason that there are a number of similar houses in the area at the present time. Motion carried unanimously. Mr. Jensen had asked during the discussion of this application whether there is any possibility of combining lots, to which the applicant replied he was under the impression that a dwelling could be built on any legally platted lot. Motion by Bogucki, seconded by Grosshans, to table application 465072 for a variance on two substandard 50' lots (Lots 4 and 5, Block 2, Humboldt Addition) until the meeting of Thursday, October 14, in order to obtain an opinion from the attorney as to what action the Village may legally take. 8 y 81 -3- In connection with the above tabling, several statements were made by Commissioners and a Mr. Carl Anderson of 5332 Irving !avenue North, one of the property owners notified. hlr. Jensen stated that where there is no space available to acquire, the Commission can understand what a problem denial would create; where there is an opportunity to improve conditions, we must take this into consideration. 11hen we are aware of an area attempting to clear up deficient conditions, we should attempt to help them. Mr. Bogucki indicated he would like the legal opinion from Mr. Hyde. Mr. Anderson stated that this application was part of a concerted effort by several parties to make it impossible for the Village to refuse building permits for the lots; there is empty land available, and it should be combined into larger lots. Motion by Bogucki to recommend to the Village Council that application 965074 submitted by Gerald Anderson for a variance from Sections 35-401 and 35-402 to construct a 22' x 22' garage attached to the east side of the house at 4600 - 71st Avenue North (Lot 1, Block 1, Lang Addition) which would make the actual setback 13 feet from the property line. Motion failed for lack of a second. Motion by Grosshans, seconded by Engstrom to recommend to the Village Council that the motion regarding application #65074 stated above be denied. Voting in favor of the motion were Jensen, Ausen, Grosshans and Engstrom. Voting against was Bogucki. Motion carried. Mr. Jensen stated the denial was on the 22' garage asked for. In connection with the above denial, the following was said: Mr. Jensen - The question is basically, what is a hardship? Mr. Bogucki - A two car garage has become a necessity. Mr. imsen - It is doubtful that a two car garage is a necessity; financial hardship cannot be the only reason for a variance. Traffic might have difficulty with a visual obstruction such as this, and we must be careful not to set a precedent for this type of construction along rights-of-way.. Motion by Bogucki, seconded by Grosshans, to recommend to the Village Council that application 965075 for a special use permit for a service station and site plan and building plan approval (as corrected on plans) be approved for the leased property described in our file dated September 22, 1%5, subject to the following conditions: 1) The free-standing sign be 18 feet high at the position shown on the plans, with the three arrowheads and their structural support deleted from the original plan. 2) The roof sign to be no more than 6 feet above the roof. 3) A variance from Section 35-413 to allow the service station property to be of the dimensions shown on the plans. 4) The guard rail to extend from the N.11. corner of the property south 34 feet and east 14 feet. 5) The area along 57th Avenue to be grassed and/or planted with other vegetation. 6) The above green strip to be 5 feet wide within the lease line along 57th Avenue North 7) A written agreement between the Futterman Corporation and Pure Oil Company guaranteeing Pure Oil's parking rights in Northbrook Center's parking area to be submitted to the Village. Motion carried unanimously. 1 1 1 87 -4- Motion by Engstrom, seconded by Ausen, that application 965077 submitted by Lecon Properties be tabl d until the meeting of October 14 in order to give the applicant more time for preparation. Motion carried unanimously. Motion by Ausen, seconded by Grosshans, to recommend to the Village Council that the plans submitted by !"J. 0. Patterson for a Burger King Restaurant in application #65001 be approved as corrected on the plans, with the following conditions: I) Urainage should be directed toward Osseo Road, 2) Parking spaces must be angled as shown to create a traffic flow. 3) The driveways must be designated as ingress (south) and egress (north) as shown. 4) 15 foot greenstrip required on Osseo Road 5) Pay incinerator should be screened on four sides. 6) Building Plans subject to Building Inspector's approval. 7) Variance from Section 35-702 to allow driveways 22 feet wide to be 73 feet from centerline to centerline. 8) Variance from Section 35-410 to waive the required 25 foot buffer zone abutting the residentially zoned property to the east, provided that a masonry wall 6 feet high (concrete block or brick) be constructed and maintained along the east property line. 9) The free-standing sign is not included in this approval. Voting in favor of the motion viere Jensen, Ausen, Engstrom and Grosshans. VotinV against was BogucIci, who stated his opposition to be in regard to the waiving of the greenstrip requirement and the possible precedent it might set. Motion carried. Motion by Ausen, seconded by Grosshans, to recommend to the Village Council that the preliminary plat of application 965078 for "P.S.C. First Addition" be approved, noting that this motion is based on the previous motion on application #65001, and that the necessary variance from Section 15-106 be granted for the three substandard lots (Lots 3, 4, and 5, Block 1). Voting in favor of the motion were Jensen, 1.usen, Grosshans and Engstrom. Not voting was Bogucki. Motion by Grosshans, seconded by Ausen, to recommend to the Village Council that application 965079 submitted by Ed Kauffman for variances from Section 35-401 and 35-402 to allow construction of a triplex on Lot 5 and four plexes on Lots 3 and 4 of P. B. C. First Addition be approved with variances as follows and plan approval as noted, 1) Lot 3 - Variance on lot width to 70 feet; variance on number of square feet required for a 4-plex to +/- 10,539 square feet. 2) Lot 4 - Variance on lot width to 70 feet; variance on number of square feet required for a 4-plex to +/- 10,644 square feet. 3) L� 5 - Variance on tot tvi.dt.h tr, 70 fept Appzoval of side ;gad building ploss subject to the gui)Leuing Inspector's approval, with parking perpendicular to the west property lines to accomodate the required 2 parking spaces per dwelling unit. 88 -5- Voting in favor of the motion were Jensen, Ausen, Engstrom and Grosshans. Not voting was Bogucki. Motion by Bogucki, seconded by Grosshans, to recommend to the Village Council that a sign be approved for the property named in application 465080 (parcel 5910, Aud. Sub. U216) for a variance from Section 35-330 to conform to the following: 1) No more than 24 feet above grade level at the position shown on the plans submitted. 2) Non-rotating and non-flashing. 3) 1. maximum of 250 square feet of sign area on each side of the freestanding sign. Motion carried unanimously. Motion by Ausen, seconded by Engstrom, to adopt the Resolution Commending Alfred R. Kattar, and directing the Secretary of the Commission to deliver the resolution to Kr. 'iattar along with his nameplate. Motion carried unanimously. RESOLUTION COHNENDING ALFRED R. KATTAR 11hereas, Alfred R. Kattar has served as a member of the Planning Commission of the Village of Brooklyn Center from July 29, 1958, through September 2, 1965; and Uhereas, during that period he has held the positions of Commissioner (29 July 1958-20 April 1960), Vice-Chairman (20 April 1960- 2 March 1961), and Chairman (2 March 1961-2 September 1965) ; and !Ihereas, in the above roles he as devoted innumerable hours of his time in conscientious service to the Tillage of Brooklyn Center, having been instrumental in the implementation of the 1957 Comprehensive Plan and the development of the Comprehensive Planning Study just completed, in addition to guiding the Planning Commission in its normal duties; Now, Therefore, the Planning Commission desires to make known its appreciation and esteem to Alfred H. Xattar for those accomplish- ments, for his dedication to public service, and for the dignity which has characterized its deliberations during his chairmanship. Notion by Grosshans, seconded by Bogucki, to recommend to the Village Council that the plans submitted in accordance with the Council directive of May 3, 1965, be approved as now submitted as a part of application 465027.- relotion carried unanimously. Motion by Bogucki, seconded by Engstrom, that the meeting be adjourned. Motion carried unanimously. Meeting adjourned at 1:40 A.M. Chairman 8 1 Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota October 14, 1965 The Planning Commission met in special session and was called to order by Chairman Robert Jensen at 7:58 P.M. Roll Call: Chairman Robert Jensen, Vice-Chairman Vernon Ausen, Commissioners Helmer Engstrom and Robert Grosshans were present, and Henry Bogucki arrived during discussion of Per. Stark's appli- cation. Adrian Dorenfeld was absent. Chairman Jensen called for consideration of application #65072 submitted by Richard Cameron for a variance from Section 35-401 and 35-402 to allow construction of a single family dwelling on each of two substandard 50 foot wide lots. Chairman Jensen asked the applicant if he had had time to consider the erection of a duplex on the two lots rather than single family dwellings on each, whereupon the applicant replied that he had not, and would like a decision on the application as presently stated. Motion by Ausen, seconded by Grosshans, to recommend to the Village Council that application #65072 for variances from Section 35-401 and 35-402 regarding required lot width and area be approved to allow construction of single family dwellings on each of lots 4 and 5, Block 2, Humboldt Addition (known as 5317 and 5323 Irving Avenue North). Further, that no variances other than width and area are being allowed by this action. Motion carried unanimously. Motion by Grosshans, seconded by Bogucki, to recommend to the Village Council that application #65073 submitted by Donald C. Stark for a special use permit to allow construction of a 2 family dwelling on the property zoned R-1 at 500 - 62nd Avenue North (See survey on file for legal description) be approved. Voting in favor of the motion were kusen, Engstrom, Bogucki and Grosshans. Voting against the motion was Jensen. Chairman Jensen announced that the applicant for application #65076, the American Oil Company, had asked that its application not be considered until the November meeting of the Planning Commission due to the fact that they had been unable to prepare their plans for this meeting. Chairman Jensen opened the public hearing on applications #65057 and 1765077, stating that since these two applications are dependent on one another, they should be considered together. Mr. Stanley ,9essin of Lecon Properties asked for the floor and explained his company's position in asking for the re-zoning and platting of the properties described in our files. He stated that the purpose of the proposed platting and zoning was to develop a good buffer of multiple dwellings between the existing single family residential areas along Orchard Avenue and the developing commercial area to the East toward Osseo Road. 1. Mr. Comstock of Northern States lower asked that consideration of the re-zoning of Lot 5 of the proposed Northtown Plaza First Addition be delayed until November 4th to give Northern States Power an opportunity to further refine their plans for that property. At. Bogucki stated that the nursing home and multiples are correct buffers between commercial uses and single family residential uses. Access to the multiple dwellings from from 68th and Orchard Avenues North is not desirable, however, as it would create excessive traffic on Orchard Avenue through the single family residential area. Mgr. Jensen agreed that transitional goo 1 1 1 0 -2- zoning is a valuable planning concept where land area exists in which to utilize it, CIr. Ausen stated that since it was apparent that the plans submitted were deficient, the Planning Commission should give Mr. Tlessin guidance so that revisions could be made in the plans which would be more acceptable to the Planning Commission and Council. A special use permit exists nova for the nursing home without the condition of installing Noble Avenue, and open space exists where additional buffers of transitional zoning can be installed. The Planning Commission has gone on record advocating multiple dwellings and offices as transitional uses between single family residential uses and commercial uses, and there now exists in Brooklyn Center a number of 2y story apartment dwellings next to single damily dwellings. In answer to a question by Chairman Jensen, Mr. Jessin replied that he would like time to re-draft the plans submitted before the Commission and Council took action on his application. He suggested November 4th as a time when he and Northern States Power could have plans for the entire Northtown Plaza First Wition prepared for consideration. Motion by Ausen, seconded by Bogucki, to adjourn the public hearing on applications #'65057 and #65077 and take the petition under advisement while the applicant revises the plans being submitted in the application. Further, that the property owners will be notified of the resumed hearing. Motion carried unanimously. Chairman Jensen called for a short recess at 10:05 P.M., and the meeting resumed at 10:15 P. M. In accordance with the Council action of September 13, 1965, the Planning Commission again considered application #65060 submitted by Harley Preitz for a special use permit to allow the sale of milk products on the premises of an automotive service station and approval of a sign in conjunction with the sale of such merchandise. Mr. Ring, who owns and services the milk machines, was present and stated that he had not received a notice of the original hawing. He explained that he would like to know why milk was not compatible with service stations, and further, what is compatible with such operations. He said that he follows the state health codes and has had no sanitation problems. Mr.Bogucki stated that he had made the original notion for.the denial of application #65060, because he felt that a service station is not hygienic enough for the sale of milk products. Mr. Preitz is not a food handler; he is not basically equipped to handle milk; he is equipped to handle gas and oil. If this were an automatic machine, another question would be involved since no direct handling by the service station operators would be involved. Motion by Bogucki, seconded by Engstrom, to recommend to the Village Council that application #65060 submitted by Harley Preitz for a special use permit to allow the sale of milk products on the premises of a service station at 6830 Osseo Road be denied due ° to the fact that milk is a perishable food stuff and the sale of it does not seem compatible with the service station operation. Motion carried unanimously. Motion by Grosshans, seconded by Engstrom, to table application 465081 submitted by LeRoy Sign Company, for a sign at Northbrook Shopping Center, to allow the Village Engineer to check the proposed elevations for the highway interchange at 57th Avenue North in order to be able to state the minimum height necessary for this sign. !Motion carried unanimously. Motion by Grosshans, seconded by Bogucki, to recommend to the Village Council that application 965082 submitted by Strand Construction Company, for variances from Sections 35-310, 35-401 and 35-402 10 1 100 -3- necessary to construct a 26' x 44' four stall garage at 707 - 57th Avenue North be approved. The following variances and conditions will apply: 1) Variance from Section 35-310 to allow construction of a garage with more than 660 square feet of area. 2) Variance from Section 35-401 to allow a garage less than 20 feet from the rear of the "house" to be four feet from the South line and 3 feet from Last line. 3) That letters of approval from the abutting neigh- bors to the East and South be submitted and included in this record. Nation carried unanimously. Motion by Engstrom, seconded by Grosshans, that application 465083, for building plan approval of an 86' x 100' "industrial building" and a 33' x 36' "controls shelter building" submitted by Joslyn Manufacturing and Supply Company, 49th and France Avenues North, be approved, subject to the following conditions: 1) That either a Minnesota Engineer or Architect's stamp be affixed to the plans submitted. 2) That a cell dimensioned site plan and location of the buildings on the property be submitted for our records. Voting in favor of the motion were Jensen, Engstrom, Grosshans, and Bogucki. Not voting was Pusen. Motion carried. Notion by Bogucki, seconded by Engstrom, that application #65084, submitted by Ice Services, Inc. and application 465086, submitted by Dahlen Sign Company be tabled until the November 4th meeting, due to the fact that neither one of these applicants have a representative present at this hearing. Motion carried unanimously. Motion by kusen, seconded by Bogucki, to recommend to the Village Council that variances on both height and area from Section 35-330 be allowed in conjunction with application #65085 submitted by Bri.dgeman's Inc., 6201 Osseo Road, with the following conditions: 1) The sign shall not exceed 24 feet in height measured from the blacktop surface at the edge of the concrete footing beneath the sign. 2) The area of each side of the sign shall not exceed 250 square feet. Motion carried unanimously. In connection with the above alteration and approval of Bridgeman's application, fur. Ausen stated that we must set a standard in relation to signs and maintain it. Mr. Jensen agreed that we must have standards to follow, and that the existing Br3dgeman's sign was already greater in height than what was permitted by the Council when the sign was erected. Motion by Bogucki, seconded by Engstrom, to recommend to the Village Council that application 465087 submitted by Brookdale Ford t(1.4 :1©5 -4- for a variance on the sideyard requirements of Section 35-102 to allow construction with a zero foot sideyard setback on the ,'!est lot line of Lot 2, Block 1, Brootcdale First Addition, and plan approval for a body shop building on this property be approved, with a caution to the Council to investigate the Iegai implications involved in not requiring a registered land survey or re-platting, and to check into its desirability. Motion carried unanimously. E. short discussion ensued pertaining to the completion of the 701 Planning Study and a schedule of discussion in order to complete it. Motion by Engstrom, seconded by Grosshans, that the meeting be adjourned. Ulotion carried unanimously. P;eeting adjourned at 12:24 A.M. Chairman 106 1 1 1 Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota October 21, 1965 The Planning Commission met in special session and was called to order by Chairman Robert Jensen at 7:55 P.114. Roll Call: Chairman Robert Jensen, Vice-Chairman Vernon Lusen, Commissioners Helmer Engstrom and Henry Bogucki were present. Robert Grosshans and Adrian Dorenfeld were absent. Chairman Jensen read the proposed Council resolution concerning application #65080 to Mr. Leon Chelmo and a representative of Naegele Sign Company who were present. Chairman Jensen stated that the proposed sign ordinance had left the question of rotating signs silent and the provisions regarding rotating signs should be specifically stated in the new ordinance. Motion by Ausen, seconded by E4gstrom, to rescind the Planning Commission's action of October 7, 1965, and recommend to the Village Council that application 465080 for a free-standing, rotating sign (on parcel 95910, Aud. Sub. 9216) be approved as stated in the Council's proposed "Resolution I.pproving Planning Commission Appli- cation 965080", submitted by Naegele Advertising and Leon Chelmo. The Planning Commission is of the opinion that rotating signs with the following conditions are acceptable: 1) A constant interior light source; 2) Speed of rotation not to exceed 6 rpms; 3) The rotating portion of the sign not to exceed 150 square feet on each of the two sides; 4) The rotating portion of the sign not to be less than 12 feet above curb level. The Commission further recognizes that in approving Application #65080 as revised by the Council's resolution, that a precedent is being set which will be incorporated and state explicitly in the proposed zoning ordinance now under study. Motion carried unanimously. Chairman Jensen stated that the Futterman Corporation's application for a free-standing sign (Application #65081) would remain tabled for another week, due to the fact that the Planning Commission had not yet received the data necessary on the final grades of the highway interchange. Chairman Jensen opened discussion on the proposed "Special Commercial Districts - C4" which was submitted by the staff to the Planning Commission for consideration as a possible zone to be used on the Osseo Road. Motion by Engstrom, seconded by Ausen, that the meeting be adjourned. Notion carried unanimously. Meeting adjourned at 11:20 P.M. Chairman 197 alinutes of the Proceedings of the Planning Commission in the Village of Brooklyn Cente-. in the County of Henneoin and State of f,9in1esota October 28, 1965 The Planning Commission met in special session and u as called to order by Chairman Robert Jensen at 7:45 P.M. Roll Call: Chairman Robert Jensen, Vice-Chairman Vernon Auser_, Commissioners Helmir Engstrom, Robert Grosshans and Henry Bogucki were present. Adrian Corenfeld was absent. Chairman Jensen called for consideration of application 965381 submitted by LeRoy 'Sign Company and the Futterman Corporation for variances from Section 35-320 to allow erection of a free-standing sign, conflicting with height, area, and location requirements of the Zoning Ordinance. Commissioner Vernon f.usen introduced the following resolution and moved its adoption: RESOLUTION RECOMMENDING APPROVAL OF A FREESTANDING SIGN FOR NORTHBRCO{ SHOPPING CENTER IN RELANION TO APPLICATION NO. 65081 ttIEREAS, The Planning Commission has spent two years studying and developing a Comprehensive Plan which includes within its effectuation devices a proposed sign ordinance; and 31EREAS, the proposed sign ordinance will permit non-flashing, free-standing signs in integrated commercial development as follows: "3, Integrated commercial development may have one free-standing identification sign on each collector or arterial street the development abuts. Each sign shall not exceed one percent of the gross first floor building area in the development or 250 square feet, whichever is smaller, and shall not extend more than 32 feet above ground level."; and MEREAS, the present Zoning Ordinance defines a sign as: "P name, identification, description, display, or illustration which is affixed to, or painted, or represented directly or indirectly upon a buildinc or other outdoor surface, or piece of land and which directs attention to an object, project, place, activity, person, institution, organization, or business."; and UHEREAS, the present Zoning Ordinance defines the Gross Surface Area of a sign as: "The entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same, However, such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display."; and tMEREAS, the Planning Commission wishes to further define Gross Surface Area of a sign as: "The entire area within a single continuous perimeter consisting of a polygon whose sides are made up of straight lines and whose internal angles are each less than 180°, and in no case passing through or between any adjacent elements of the sign. However, such perimeter shall not include any structural elements lying outside the limits of such sign surface and not forming an integral part of the display."; and 11HEREAS, the Planning Commission deems the development called the Northbrook Center as integrated development as defined in the proposed sign ordinance; and 128 1 ?9 -2- INIHEREAS, the Planning Commission considers the proposed sign ordinance to be fair and reasonable; and 11MEREAst a study by the Engineering Department of the Village of Brooklyn Center directed by the Planning Commission has been made of the sign proposed for Northbrook Center in application number 65081; and i 111IEREAS, the above study has determined that any portion of a sign at the southwest corner of parcel 8960, Aud. Sub. # 218 (a part of the Northbrook Shopping Center property) over 17 feet in height from a base grade of 847 feet above sea level (U. S. C. and G. S. sea level datum) will be visible from a point on State Highway 9100 at the east side of Shingle Creek; N0,'., THEREFORE, the Planning Commission hereby resolves to recommend to the Village Council that the variances from Section 35-320 necessary to allow construction of a free-standing, non-flashing sign at the southwest corner of the above described parcel be granted, provided that the gross surface area of the sign does not exceed 250 square feet, measured in the fashion stated above, and the height of the uppermost part of the sign does not exceed 879 feet (32 feet above the base grade of 847 feet stated above) above sea level (U. S. C. and G. S. sea level datum). Further, that the sign design as originally submitted with application #65081 exceeds the area allowed by this resolution and must be redesigned to conform with it. The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Henry Bogucki, and upon vote being taken thereon, the following voted in favor thereof: Robert Jensen, Vernon Ausen, Helmer Engstrom, Robert Grosshans, and Henry Bogucki; and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted. Chairman Jensen opened a discussion of the proposed zoning of Osseo Road at 8:20 P.M. Commissioner Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION REGARDING APPLICATION NO. 65065 ' FOR REZONING FROM R-1 to B-3 11HEREIS, the following proceedings have occurred: The original application occurred on May 12, 1965, numbered 65040 and a public hearing was held on June 3, 1965 by the Commission which denied the application by resolution on June 7, 1965. Thereafter on June 7, 1965, the Village Council conducted a public hearing on Appli- cation No. 65040 and by Resolution No. 65-98, provided for a series of hearings on said application, and following these hearings, denied the application by Resolution No. 65-127 dated July 19, 1965. The Council, hoever, provided that the, applicant might re-apply as soon as it obtained new information which might change the circumstances to the application. The applicant re-applied on October 7, 1965, at which time the Commission held a public hearing to consider the new matters brought forward by the applicant; and L'JHEREAS, Application No. 65065 for commercial zoning in a hitherto established and stable residential neighborhood is merely one mani- festation of the pressure for more intense land use created by the population explosion within the Village during the last ten years; and !HEREAS, this problem and related problems merit a comprehensive rather than a piece-meal review; and 11iEREAS, commencement of the "701 Planning Study" was a clear commitment by this Village to the need for comprehensive planning; and PJHEREAS, the combined efforts of the planning consultant, this Commission, the Council and the staff have now culminated in a proposed comprehensive guide plan for the future use and development of land within the Village; and 130 131 -3- i, 12,1 2kS, the instant application should be considered, not on a piece-meal basis, but as one example of the need to afford each land owner the right to reasonable use and yet to preserve his neighbors' reasonable expectations for residential use, especially when those expectations have been created and fastened by existing zoning ordinances; and IMEREAS, the time is ripe to consider the comprehensive guide plan and goal therein and their effectuation through a comprehensive zoning ordinance, NCj, THEREFORE B2 IT RESOLVED by the Planning Commission to hold the following public hearings to consider the proposed comprehensive plan and zoning ordinance: 1. November 10 - the Commission will review the draft of the proposed zoning ordinance. 2. November 18, 23, and 30, at 8 O'clock P.M., pursuant to published and mailed notice, the Commission will hold public hearings to consider and review the comprehensive guide plan and comprehensive zoning ordinance. Thereafter, the Commission shall forthwith make its recommendations to the Council with respect to the adoption of the said plan and ordinance. The motion for the adoption of the foregoing resolution was duly seconded by member Henry Bogucki and upon vote being taken thereon, the following voted in favor thereof: Vern f.usen, Henry Bogucki, Robert Jensen, Robert Grosshans and Helmer Engstrom, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Motion by Engstrom, seconded by Grosshans, that the meeting be adjourned. Motion carried unanimously. The meetinC adjourned at 12:00 midnight. Chairman 13`L 1 1 189 Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota November 4, 1965 The Planning Commission met in regular session and was called to order by Vice-Chairman Vernon Ausen at 7:55 P.N. Roll Call : Vice-Chairman Vernon Ausen, Commissioners Helmer Encrstrom, Hobert Grosshans, and Henry Bogucki were present. Robert Jensen and Adrian Dorenfeld were absent. Llotion by Engstrom, seconded by Bogucki, that the minutes of the regular meeting of October 7, 1965, and the special meetings of October 14, 21 and 28, be approved as submitted. I:lotion carried unanimously. Vice-Chairman i:usen stated that the Planning Commission, at its October 28th meeting, had adopted a resolution entitled "RESOLUTION REGARDING 1,PPLIUMN #65065 FOR REZONING FROM 1111 TO B3". He further stated that this resolution had removed the application from consideration for the present and that it would not be heard at this meeting. Iv1r. Ausen re-opened the public hearing on application 465057 and 65077 submitted by Lecon Properties, which hearings had been adjourned October 14, 1965. These applications involve the approval of the preliminary plat of "Northtown Plaza First Addition" and the rezoning of properties in the plat from R1 to RB, R3, R5 and B3. r:1r. Stanley Ilessin and Mr. Richard Zejdlik, representatives of Lecon Properties, explained their request for rezoninU of the properties in the plat and led a question and answer period for the Commission and the audience. Following a great many statements and objections to the proposals of Lecon Properties, Pair. Ausen made a number of statements as follows to clarify a few points; 1. 8e cannot consider as a valid objection to development of these properties the statement that 69th kvenue North is a residential street which would have its traffic increased by such development; 69th ivenue North is not a residential street, it is a county highway. 2. The present petition by the applicant involves a different plan than that submitted a couple of years past; he has every right to do so. 3. Legally, the petitioner has a right to ask anything of the Planning Commission and Council in regard to his property. The right that the adjacent property owners have, legally, is to prove that development of the type envisaged would be destructive to their property. 4. The Commission asked the architect employed by Lecon Properties to eliminate the flow of traffic on Orchard kvenue to the multiple property proposed as was requested by the adjacent property owners. He has done this, and he has removed the parking areas abutting the homes on the east side of Orchard Avenue as you requested also. In accomplishing these two details, he had to move the three 2 1/2 story multiple dwellings to different locations on the property. The present proposal for this multiple residence property is perhaps the best plan ever before the Commission (it preserves open space, including natural amenities of the existing trees, removes activity from areas abutting single family residences, and so on). The applicant has made a very reasonable attempt to provide transitional zoning; he realizes that to get favorable response from the Planning Commission and �4� .. . �. .. . . . _ .. . ..tPSi 136 -2- Council, he must provide transitional zoning. It is obvious that he has made efforts to meet objections of the adjacent property owners, short of putting in Noble Avenue and single family dwellings which he does not feel is necessary, Mr. Ausen noted that representatives from Northern States Power were in attendance and asked that they also explain their requests for rezoning and their proposed development for their property. A Mr. Comstock of N. S. P. did so and answered questions from the audience and the Commission. Mr, Robert Casey of 6801 Orchard Avenue North submitted a petition objecting to the granting of the rezoning requested in application 465057 signed by nearby property owners, and asked that this be included in the record. Mr. Bogucki suggested that perhaps the discussion should be continued at a later date with the residents, their attorney, if they chose to have one, and other interested parties present, as the November 4th agenda is a very large one, and the time was already approaching 9:30. Ivir. Ausen, in reply to Mr. Bogucki's suggestion and a suggestion by a Mrs. McLearen of 6837 Orchard Avenue North, that she would like a meeting with the developer, the people interested, Northern States Power, and so on, said that he could not see that anything would come of such a meeting. The people in the area will not compromise; they object to everything that the developer has presented. All of the facts and issues are clear; both sides have expressed themselves. Motion by Grosshans, seconded by Engstrom that the public hearings on applications U65057 and 465077 be closed, and the matter taken under advisement, with the provision that the persons notified of this hearing shall, be notified as to the date when the Commission will discuss this item again. Motion carried unanimously. In regard to Northern States Power's portion of the application, Mr. Comstock asked that waivers on the maximum horsepower allowed as per Section 35-410 be considered, and that Northern States Power will submit letters of description. of the machines involved for this consideration. Vice-Chairman Ausen called a recess for 5 minutes at 9:55 P.M. and the meeting resumed at 10:00 P.M. Motion by Grosshans, seconded by Engstrom, to recommend to the Village Council that application 965076 submitted by the American Oil Company for rezoning of parcel 3329 and 3343 of Auditor's Subdivision 9310 at the Southwest corner of the intersection of 69th Avenue North and Highway No. 169 from RI to BI and the issuance of a special use permit to construct and operate a service station on a portion of that property be denied, because: 1. It would be incompatible with the surrounding land use consisting of single family dwellings; and 2. It is not in accord with comprehensive planning proposals for the area. Motion carried unanimously. Motion by Engstrom, seconded by Bogucki, to recommend to the Village Council that application 965084 submitted by Ice Services, Inc. for a special use permit to allow the sale of ice from a machine on the premises of a service station at 6245 Osseo Road be approved with the following conditions: 138 r- 135 -3- 1. The special use permit shall expire two years from the date of Council approval, 2. The machine shall be 3 1/2 feet wide, 8 feet long, and 6 1/2 feet high or smaller. 3. The machine shall be coin operated, and not a walk-in. 4. The ice machine shall be 64 feet from the east property line on the grassy area between the tarred surface of the service station property and the Lynbrook ",hopping Center property to the south. Voting in favor of the motion were Engstrom, Bogucki, and Grosshans. Not voting was Ausen. Motion carried. Motion by Bogucki, seconded by Engstrom to table application #65086 submitted by Dahlen Sign Company for variances necessary to allow erection of a 4 foot high by 8 foot long sign on an 8 foot post approximately 20 feet from the property line at the Shell Service Station at 6245 Osseo Road, in view of the approaching final consideration of a sign ordinance and its adoption, with the provisions that the appli- cant would be notified when this application was again heard. Motion carried unanimously. Mr, lusen noted in regard to the above application, that in addition to a variance from setback requirements, a variance would also be necessary from Section 35-413 which restricts service stations to one free-standing sign. Notion by Bogucki, seconded by Grosshans, to recommend to the Village Council that application 965087 submitted by 'Jaiter Colvin to amend the previous variance granted for the property at 6500 Lyndale Avenue North (Parcel 1800, Auditor's Subdivision #310) for a free-standing sign to allow a sign with an area of 250 square feet rather than the 132 square feet previously granted by approval, the reason for this being that 250 square feet of sign area is suggested for drive-in and motel operations in the proposed sign ordinance, and the commission agrees with this limitation. Tlotion carried uanimously. Motion by Grosshans, seconded by Engstrom, to close the public hear-f ar, oil cp lizatior, �t?5068 stihe itted b;r LeRoy Sign -company for variance from Section 35-330 to allow erection of a free-standing sign at 6110 Osseo Road (Lot 2, Block 1, Y.B.C. First 14dition), and take the matter under advisement until the Planning Commission meeting of November 10. Motion carried unanimously. In connection with the above mtion, Mr. Ausen noted that the Burger :Sing operation cannot be considered as a drive-in due to the recent court decision; hence, if the provisions of the proposed sign ordinance were to be applied, a sign of only 45 square feet area would be allowed. This apparently is not realistic. The taking under advisement of this application will allow the Planning Commission an opportunity to discuss this application with the Village attorney at the meeting of November 10th so as to determine iahat a reasonable sign for such commercial activity is. Motion by Bogucki, seconded by Engstrom, to recommend to the Village Council that application #65089 for a variance from Section 35-401 and 35-402 to allow an attached garage to be built 3 feet 3 inches from the North (side) property line for the property at 6124 Lee Avenue North (Lot 10, Block 2, "langstad's Brooklyn Terrace 2nd Addition) be approved, subject to the condition that the applicant provide a letter of approval to the Council from the owner of the property at 6130 Lee Avenue North. Motion carried unanimously. 136 y t a. -4- Uotion by Grosshans, seconded by Bogucki, to recommend to the Village Council that application #65090 submitted by Henning Peterson for approval of the preliminary plat "Halek's 5th Addition" (Marcel 2500, Mendenhall's Outlots, roughly bounded by 65th, Dupont, 67th, and Colfax Avenues North) be approved, with the suggestion to the Village Council that it consider the acquisition of the south half of this property for the municipal purposes stated by the Planning Consultant in the course of the Planning Study with which the Planning Commission concurs. Motion carried unanimously. Motion by Engstrom, seconded by Grosshans, to recommend to the Village Council, that application #65091 submitted by Aiacey Sign Company for a variance from Section 35-330 to permit a free-standing sign 8 feet from the Csseo Road right-of-way and 40 feet south (along the right-of-way) of the 22 foot wide drive-way entering 6215 Osseo Road (Lot 1, Block 1, Euing Lane addition) better known as Lynbrook Shopping Center, be approved with the following conditions in addition to the above stated dimensions: 1. The sign shall not exceed 50 square feet in area on each of the two sides. 2. The greatest height of this sign shall not exceed 12 feet above the centerline grade of Osseo Road at this point (centerline grade equals 861.00 feet above sea level) or 873 feet above sea level. 3. There shall be no sign message on the sign structure between 861 feet above sea level and 868 feet above sea level (between 0 and 7 feet above centerline grade). 4. The illumination shall be from ground mounted lights near the sign which do not interfer with the safe use of the adjacent roadway. Motion carried unanimously. Motion by Grosshans, seconded by Engstrom, to recommend to the Village Council that application 465092 submitted by Li'l General Stores Inc., for rezoning from RB to B1 of Parcel 9020, Northgate Addition (the southwest corner of 65th Avenue North and Osseo ;load) be denied due to the fact that the uses permitted therein are inconsistent with the Comprehensive Planning for this area, and that approval of this application for rezoning would set a precedent for the area between 63rd ixenue North and F.R.I. 494 for commercial uses. Motion carried unanimously. Motion by Grosshans, seconded by Bogucki, that the meeting be adjourned. Motion carried unanimously. Meeting adjourned at 12:55 E..M. Chairman 1 1 1 a�� Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of HenreDin and State of Minnesota November 10, 1965 The Planning Commission met in special session and was called to order by Vice-Chairman Vernon Ausen at 7:40 P.M. (loll Call : Vice-Chairman Vernon Ausen, Commissioners Helmer Engstrom, Robert Grosshans, and Henry Bogucki were present. Robert Jensen and Adrian Oorenfeld were absent. Also present were: Council : Mayor Gordon Erickson, Clerk Earl Simons, Trustees Philip Cohen, Howard Heck and John Leary. Staff: A. J. Lee, Maciay Hyde, and Richard Cihoski. Member Robert Grosshans introduced the following resolution and moved its adoption: RESOLUTION RECOMMENDING APPROVAL OF A FRZE-STPROING SIGN FOR THE BURGER RING RESTAURF.NT PURSUANT TO APPLICA ION NO. 65088 WHEREAS, the Planning Commission has spent two years studying and developing a Comprehensive Plan which includes within its effectuation devices a proposed sign ordinance; and "JHEREAS, the present Zoning Ordinance defines a sign as: "A name, identification, description, display, or illustration which is affixed to, or painted, or represented directly or indirectly upon a building or other outdoor surface, or piece of land and which directs attention to an object, project, place activity, person, institution, organization, or business."; and WHEREAS, the present Zoning Ordinance defines the Gross Surface Area of a sign as: "The entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same, However, such perimeter shall not include any structural elements. lying outside the limits of such sign and not forming an integral part of the display."; and ,JHM, ZAS, the Planning Commission wishes to further define Gross Surface Area of a sign as: "The entire area within a single continous perimeter consisting of a polygon whose sides are made up of straight lines and whose internal angles are each less than 1800, and in no case passing through or between any adjacent elements of the sign. However, such perimeter shall not include any structural elements lying outside the limits of such sign surface, and not forming an integral part of the display."; and JJERi:Aa, the proposed sign ordinance will permit non-flashing free-standing signs in drive-in establishments and motels as follows: "2. Drive-in establishments and motels may have all signs specified above for other individual establishments, except that there may be only one free-standing sign. It may extend 24 feet above ground level and shall not exceed 250 square feet. If the establishment is at the intersection of two major streets, there may be a second free-standing sign not exceeding 64 square feet in area and 20 feet in height."; and 142 14 -2- IMMEAS, the Court in ?1. 0. Patterson vs. Village of Brooklyn Center found that the proposed restaurant is not a "Drive-in"; and ;�HEREfis, the Planning Commission recognizes that the present Village Ordimoes do not define a "Drive-In", and the proposed sign ordinance as follows, presently defines it in a fashion which does not apply to the Burger-ring operation: "Drive-In Establishments A commercial enterprise that customarily offers goods, services or entertainment for compensation to clientele within automobiles (ex: automobile service stations, drive-in restaurants and outdoor theaters, but no "drive-in" cleaners where the customer must leave his automobile to pick up or deliver goods." ); and 1MEREAS, the Planning Commission considers that some of the characteristics of the Burger Rine operation (lighting, rapid customer turnover, possible comsumption of food in vehicles, etc.) make this operations very similar to a "Drive In" and in competition with such operations, thereby necessitating similar signing, and feels that the Burger Nine should be considered a Drive-In, but o_ my for the purpose of signing; and '.''MMEfi,S, the Planning Commission considers the proposed sign ordinance to be fair and reasonable; NO!, THEREFORE, the Planning Commission hereby resolves to recommend to the Village Council that the variances from Section 35-320 necessary to allow construction of a free-standing, non-flashing sign at the location shown on the approved plot plan on file. in the Village Offices be granted, provided that the gross surface area of the sign does not exceed 250 square feet, measured in the fashion stated above, and the height of the uppermost part of the sign does not exceed 884 feet above sea level (24 feet above the street grade of 860 feet measured at a point on the centerline perpendicular to the signs location - U. S. C. & G. S. sea level datum). Paso, that there be no obstructions (sign message or other, including a possible planter indicated on the site plans) on the sign structure between 862.5 feet above sea level and 867 feet above sea level (between 2.5 and 7 feet above centerline grade). Further, that the sign design as originally submitted with application v65081 exceeds the area allowed by this resolution and must be re-designed to conform with it. The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Henry Bogucki, and upon vote being taken thereon, the following voted in favor thereof: Vernon Ausen, Helmer Engstrom, Robert Grosshans, and Henry Bogucki; and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted. Following a discussion pertaining to scheduling, Vice-Chairman Ausen set November i8th as the date when applications 465057 and 465077 would be considered. The Commission and Council entered into a discussion of the proposed Zoning Ordinance. PTotion by Grosshands, seconded by Engstrom, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 12:50 A.M. Chairman 144 �la %iinutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County or Hennepin and State of Minnesota November 15, 1965 The Planning Commission met in special session and was called to order by Chairman Robert Jensen at 7:30 P.M. Poll Call : Chairman Robert Jensen, Vice-.Chairman Vernon Ausen, Commissioners Henry Bogucki and Robert Grosshans mere present. Helmer Engstrom arrived at 9:45 P.M. and idrian Qorenfeld was absent. The subject of discussion for the evening was the proposed Zoning Ordinance, At 8:30 P.M. the Planning Commission joined the Council for a joint discussion of the coming rezoning. Motion by Grosshans, seconded by Ausen, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 11:45 P.M. Chairman e 270 Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota November 18, 1965 The Planning Commission met in special session and was called to order by Chairman Robert Jensen at 7:40 P.M. Roll Call: Chairman Robert Jensen, Vice-Chairman Vern Ausen, Commissioners Robert Grosshans, Helmer Engstrom, and Adrian Dorenfeld were present. Henry Bogucki was not present at this time, but arrived at 9:30 P.M. Chairman Jensen announced that the purpose of this meeting was to discuss the applications by Lecon Properties and to make a recommendation thereon to the Village Council. Lecon Properties has submitted two applications for consideration: #65077 is an application for approval of the preliminary plat of Northtown Plaza First Addition; the second application is 465057 for rezoning of the properties in the plat and plan approval for developments on certain lots. The property is generally bounded by Ff.I 494 on the South, Orchard Avenue on the tdest, 69th Avenue North on the North, and Lee Avenue extended on the East. The public hearings on these applications were closed at the November 4th meeting and the matter taken under advisement. The meeting this evening is the closed hearing for the consideration by the Commission of these applications; those persons present who have some new information to pass on to the Planning Commission will be allowed to do so, however. In accordance with the motion to close the public hearing of November 4th, the persons notified of the public hearings have been notified also of the present closed hearing. Mr. Grosshans announced that he would neither vote nor participate in discussion of these applications as he has a conflict of interest. A lengthy discussion of the proposed platting and zoning took place, in which the neighboring residents and the applicants took part. Motion by Dorenfeld, seconded by Engstrom that application 465077 for the approval of the preliminary plat of Northtown Plaza First Addition by Lecon Properties be denied, with the suggestion that the application be re-worked. Voting in favor of the motion were Engstrom and Dorenfeld. Voting against the motion were Ausen and Jensen. Motion failed for lack of a majority. (Mr. Bogucki arrived at this point in the discussion..) Motion by Ausen to approve application #65077 for the preliminary plat of Northtown Plaza First Addition. The motion died for lack of ` a second. Motion by Dorenfeld, seconded by Ausen, to recommend to the Village Council that the preliminary plat of Northtown Plaza First Eddition as altered by the Planning Commission to allow extension of 68th Avenue North to allow adequate access to the easterly portion of Lot 2 be approved, with the added statement that the proposed plans follow good planning principles. The Planning Commission recognizes that the Village Council might give serious consideration to its former action in 1962 on application #62043. Voting in favor of the motion were Jensen, Ausen, Engstrom, Dorenfeld, and Bogucki. Not voting was Grosshans. Motion carried unanimously.. Motion by Dorenfeld, seconded by Ausen, to recommend to the Village Council that the zoning as requested in application #65057 by Lecon Properties be approved, with the exceptions that Lots 2, 3, and 4 remain Rl. Lot 1 to be zoned R5 and Lot 5 to be zoned B3. Voting in favor of the motion were Jensen, Ausen, Engstrom, Dorenfeld and Bogucki. Not voting was Grosshans. 278 ' /... GI v"S .. '' .t S e. tt. .•.,•il •�'t t' f `f P t i f-.•! alp !, - ,3 E.'+.r,. i+! '' � •+. s .. ,1_e.t -2- Mr. Dorenfeld left the meeting at 10:00 P.M. Mr. Jensen announced consideration of plan approval for two of the lots in the approved plat as requested along with the rezoning in application 465057. The plans to be approved are for lot 1 and lot 5. Motion by Engstrom, seconded by Ausen, to accept the plan layout for the R5 development as submitted on Lot 1, Northtown Plaza First Addition. Voting in favor of the motion were Jensen, Ausen, Engstrom, and Bogucki. Not voting was Grosshans. Motion carried. Mr. Jensen announced consideration of the Northern States Power plans for Lot 5 of Northtown Plaza First Addition as per the request in application 465057. Mr. Lee explained several deviations from the ordinance requirements regarding the screening and buffering on the N.S.P. plans as submitted as outlined in a letter from N.S.P. Mr. Lee stated since Northern States Power does not have a repre- sentative present, he would recommend that the Planning Commission not take final action on their request. Motion by Bogucki, seconded by Engstrom, that the plans submitted by N.S.P. under application 465057 be returned to N.S.P. for revision to meet the ordinance requirement regarding screening and buffering. Voting in favor of the motion were Jensen, Ausen, Engstrom, and Bogucki. Not voting was Grosshans. Motion carried. Motion by Grosshans, seconded by Bogucki, to cancel public hearings on the Comprehensive Plan and Zoning Ordinance as previously scheduled for November 18, 23, and 30 for the reason that these dates did not allow adequate time for preparation for the hearings. Motion carried unanimously. Motion by Grosshans, seconded by Bogucki that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 12:30 A.M. Chairman Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota December 2, 1965 The Planning Commission met in regular session and was called to order by Chairman Robert Jensen at 7:35 P.M. Roll Call: Chairman Robert Jensen, Vice-Chairman Vernon Ausen, Commissioners Adrian Dorenfeld, Helmer Engstrom, Robert Grosshans, Henry Bogucki and Paul Ditter were present. Mr. Jensen announced consideration of Application No. 65093 submitted by I^dilliam Zieska. Mr. Zieska introduced Dr. Mattison, a dentist at the Northport Clinic, who is interested in Mr. Zieska's property at 5455 Osseo Road for clinic use. 1. discussion ensued, during which Mr. Ausen brought out the point that approval of this application would be the beginning of rezoning of all the properties in this area along Old Osseo Road to commercial use. Motion by Bogucki, seconded by Engstrom, to recommend to the Village Council that application 465093 submitted by 11illiam Zieska for rezoning from R1 to RB of the property at 5455 Osseo Road (legal description on file) be denied for two reasons: 1. It violates the predominantly single family residential character of the neighborhood; 2. It creates a zoning precedent which would be difficult, if not impossible, to control. Motion carried unanimously. (Mr. Ditter did not vote.) Notary Public J. R. Murphey conducted the swearing in ceremony for Paul :J. Ditter, the new member of the Planning Commission appointed by Mayor Erickson. Motion by Grosshans, seconded by Bogucki, to table application 465094 submitted by Harley Preitz for the reason that the applicant is not present, and it is the Commission's policy that applications should not be acted upon unless there is a representative present., Motion carried unanimously. Motion by Grosshans, seconded by Dorenfeld, to recommend to the Village Council that application 465095 submitted by Ralph Ditzler for a variance from Section 35-310 to allow construction of a garage 22' x 72' on the property at 201 - 65th Avenue North (Lot 1, Block 1, Lyn Kiver hddition) be approved, with the condition that the garage, as built, will be restricted to use by the tenants of building number 201 only. Motion carried unanimously. Motion by Ausen, seconded by Grosshans, to recommend to the Village Council that application 465097 submitted by Darrel Farr for a variance from Section 35-310 or 35-315 to allow construction of a 22' x 94' garage on the property at 6501 :'Allow Lane (R.L.S. forthcoming) be approved, provided that: 1. The garage, as built, will be restricted in use to the tenants of the apartment building to be built on this property only. 2. That the garage is to be located on one of the parking areas shown on the plans approved September 7, 1965, by the Village Council. Motion carried unanimously.. `a `?91 -z- Consideration of Kl.plication # 65096 submitted by Jerry Harrington for Diversified Developers, Inc. involving approval of a preliminary plat of Hi-Lynn Center and rezoning of lots therein began, and following a discussion between Mr. Harrington and a representative of Bergstrom Construction Company, Mr. Harrington asked that the application be tabled until January 13th, 1966, so that he and Bergstrom Construction could see if arrangements could be made to combine their interests in a :shopping facility. Motion by Grosshans, seconded by kusen, to table Application IP6C396 until the January 13, 1966 meeting. Motion carried unanimously. Mr. Hanson, the applicant in application n65098, asked that his application also be tabled until January 13th since it is dependent on the plat involved in application 465096 just previously tabled. Motion by Dorenfeld and seconded by Brosshans to table application #65098 until the January 13th, 1966 Planning Commission meeting in aci;ordance with the re quest of the applicant. Motion carried unanimously. A Mr. Palmer asked to be heard by the Commission involving develop- ment of property to the rear of the two service stations on Osseo :=oad at approximately 61st I:venue North. The property involved faces on Beard E.venue North and includes two outlots extending from the property to Osseo Road. Mr. Jensen stated that he would hesitate to take any action on Mr. Palmer's request as it has not been determined whether any variances would be necessary before proposed apartment construction could take place, and the administrative staff has not had an opportunity to review the plans. He informed Mr. Palmer that he should make regular application, with the application to be considered at the Planning Commission's next meeting December 9, 1965. Motion by Dorenfeld, seconded by Ditter, that the Planning Commission Meet on December 8th and 9th. Motion carried unanimously. Motion by Dorenfeld, seconded by Ditter, to adjourn.. Motion carried unanimously. Meeting adjourned at 10:40 P.M. Chairman 292 Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and. State of Minnesota December 8, 1965 The Planting Commission met in special session and was called to order by Chairman Robert Jensen at 7:48 P.M. Roll Call: Chairman Robert Jensen, Vice-Chairman Vernon �.usen, Commissioners Adrian Uorenfeld, Robert Grosshans and Paul Jitter were present. Henry Bonucki and Helmer angstrom were absent. A discussion of the proposed sign ordinance ensued, during which the Commission noted several chances they would like to see made in the Ordinance. Motion by Ausen, seconded by Grosshans, to direct the administrator to prepare a draft of the proposed sign ordinance in accordance with the alterations recommended by the Commission and to schedule public hearings on the sign ordinance; Motion carried unanimously. Following discussion of the sign ordinance, a discussion began involving the zoning, ordinance and occupied the Commission for the r-,st of the evening. Motion by Grosshans, seconded by Jitter, to adjourn., Motion carried una.imously. The meeting adjourned at 12 midnight. Chairman I 066 68� Minutes of the ;zo-,3 cii: cs of ..ie Planninc Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota December 9, 1965 The Planning Commission met in special session and teas called to order by Chairman Robert Jensen at 7:40 P.M. Roll Call : Chairman ,obert Jensen, Vice-Chairman Vernon imsen, Comadssioners Paul Ditter, Henry Bogucki, Robert Grosshans, Helmer Engstrom and Adrian Dorenfeld were present. The Chairman called for consideration of E.pplication No. 65100 for approval of site plans dated December 6, 1965, for a 24 unit apartment development on Lot 1, Block 1, Greenlawn Iddition, and Outlots l and 2, Greenlawn Addition, submitted by Boyer Palmer. Tyr. Bogucki stated thot the inclusion of the Uvo outlots as part of this development tract allows the developer three more duelling units than would be allowed on Lot 1 alone. The purpose of allowing these outlots to be considered as part of the area is that they are usable for purposes related to the apartment development; the ten foot stria; provides a u alkm ay, and the 40 foot strip provides a summer play lot and a winter snow dispersal area. Motion by Bogucki, seconded by Gorenfeld, to recommend to the Village Council that the plans stated above be approved, subject to the following conditions: 1) That the three parcels be combined by Registered Land Survey or platting into one parcel. 2) That a performance agreement be drawn up by the t.ttorney pursuant to Section 35-707 and signed by the applicant Guaranteeing the site improvements laid out on the plans, and that a bond be provided by the applicant pursuant to Section 35-707 to guarantee the effectiveness of the agreement. The bond is to cover the cost of paving, sodding, sidewalks, and a 4 foot high chain link fence on the north, west, and south sides of Cutlot 1. The amount of the performance bond shall be in the amount of $7,850.00. Motion carried unanimously. Mr. Jensen announced consideration of plan .approval of Northern States Power's plan under application 465057 by Lecon Properties, Inc. Consideration of these plans rsas tabled at the Planning Commission meeting of November 18, 1965, due to the lac: of a representative from Northern States Po,,eer Company at the meeting. The consideration tonicht is for the site plans of N.S.P, only and for no other lot in the pro,-.used Northtotvn Plaza First kddition plat. P.e )resentatives of Northern States Power were present and discussed the screening requirement of our zoning ordinance with the Commission. Motion by Bogucki, seconded by Ditter, that the site plans submitted by Northern States Power pursuant to application 465057 be approved with the following conditions: 1) Trees are to be planted on the south property line of the site (the type to be determined by N.S.,?.) after installation of a storm sewer is accomplished by the Village. 2) That the site improvements be covered by a performance agreement and bond in accordance vjith Section 35-707; the total to be determined by the Tillage i.ttorney. ;�ri��i 147 -2- 3) That the site improvements be installed as laid out on the laps wproved by the Brooklyn Center Planning Commission December 9, 1965 and on file in the VillLge offices including a descriptive brochure and sheet regarding the ornamental wall, solid aliminum call, and chain link fence. 4) That N.S.P. submit to the Jillace a copy of an easement from the oviner of the proposed nursing home site allouing N.S.P. to improve and maintain the east 15 feet of the nursing home property as a hart of a buffer strip shown on the N.S.P. site plans. fliot:ion carried unanimously. Gar. Grosshans did not vote, as he had a conflict of interest.) i. discussion of the proposed zoning ordinance began, during vihich several alterations were made to a draft prepared by the EA torney. fe.otion by E.usen, seconded by uncstrom, to direct the administrative staff to prepare a corrected copy of the proposed zoning ordinance : n accordance with the present discussion, this corrected coley to be used at the public hearings to be held on the zoning ordinance. Motion carried unanimously. Motion by Grosshans, seconded by f.usen, that the meeting be adjourned. f,otion carried unanimously. The meeting adjourned at 12:20 k.M. Chairman 1 1 1 151 Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin, and State of Minnesota December 16, 1965 Chairman Robert Jensen called the meeting to order at 8:15 P.M. Roll Call: Chairman Robert Jensen, Vice-Chairman Vernon Ausen, Commissioners Adrian Dorenfeld, Helmer Engstrom, Robert Grosshans, Henry Bogucki and Paul Ditter were present. Also present were: Staff -- A. J. Lee and R. Cihoski Public - approximately 10 interested citizens who are members of the Neighborhood Planning Committees, Industrial development Commisssion, and Chamber of Commerce. Mr. Jensen turned the meeting over to Mr. Lee, who proceeded to explain the salient points of the Comprehensive Plan and Comprehensive rezoning proposed by the Planning Commission to be discussed at Public Hearings during January. Following Mr. Lee's presentation, a question and .answer period began. Motion by Engstrom, seconded by Grosshans, to: 1. i.pprove the dates of the public hearings on the Comprehensive Plan and comprehensive rezoning as January 4th and 6th, at 8:00 P.M. ; 2. Change the date of January's regular meeting from January 6th to January 13th. Motion carried unanimously. Commissioner Henry Bogucki introduced the following resolution and moved its adoption: RESOLUTION TRANSMITTING THE PROPOSED COMPREHENSIVE PLAN TO THE COUNCIL OF THE VILLAGE OF BROOKLYN CENTER tiERERS, the Planning Commission of the Village of Brooklyn Center has been involved in a Comprehensive Planning study for more than two years; and NIHEREAS, the Comprehensive Planning study has resulted in a Compre- hensive Plan which can serve as a basis for plan effectuation; and i'dHEREi,S, the Comprehensive Planning study has also resulted in the preparation of Effectuation Devices of which two, a zoning ordinance and a sign ordinance, are now in a revised draft stage; and t'HEREIS, the Planning Commission wishes to hold public hearings regarding the proposed Comprehensive Flan and zoning ordinance in order to gain the benefit of comments from the general public; and WH REZ, the Planning Commission wishes the Village Council to be aware of these hearings and the subject matter proposed to be discussed; NO'?, THEREFORE, the Planning Commission of the Village of Brooklyn Center resolves that public hearings concerning a proposed Comprehensive Plan and a zoning ordinance to effect said Plan shall be held on January 4th and 6th, 1966; and 14r) -2- BE IT FURTHER RESOLVED, the Planning Commission now transmits to the Village Council a copy of the proposed Comprehensive Plan, and a copy of the proposed zoning ordinance. The motion for adoption of the foregoing resolution was duly seconded by Commissioner Paul Ditter. The motion carried unanimously. Motion by Grosshans, seconded by Ausen, that the meeting be adjourned. The meeting adjourned at 10:55 P.M. Chairman i_;il1 _!_ Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota December 30, 1965 The Planning Commission met in special session and was called 'to order by Chairman Robert Jensen at 7:x!5 P.M. Boll Call: Chairman Hobert Jensen, Vice-Chairman Vernon Ausen, Commissioners Paul flitter, Henry Bogucki, Robert Grosshans, Helmer Engstrom, and I.drian dorenfeld were present. The Jdministrator discussed with the Commission the conduct of the ;public hearings to be held on January 4th and 6th regarding the proposed Comprehensive Plan and comprehensive rezoning. Following the above discussion, the Commission reviewed once ,again the proposed zoning ordinance. Motion by Engstrom, seconded by Grosshans, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 11:45 P.M. Chairman 198