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Home My WebLink About1966 PCM 199 Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota January 4, 1966 The Planning Commission met in special session at Garden City School at 8:00 P.M., to preside over hearings on the proposed Comprehensive Plan and comprehensive rezoning. 11oll 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, T. L. Hadd, R. Cihoski Audience - Approximately 250 interested persons Mr. Jensen introduced the Planning Commission to the audience and explained the way in which the hearings would be conducted, following which he turned the meeting over to Mr. Lee. fir. Lee explained why planning was necessary, gave a history of planning, and described how the present plan proposal had developed. A question and answer period followed this segment, after which the proposed zoning ordinance was examined, area by area,, with the Administrator and Commission answering questions and receiving comments from the spectators. ;',►hen no more comments from the floor were forthcoming, Mr. Jensen declared the public hearings closed. The time was 10:55 P.M. Motion by Ausen, seconded by Engstrom, that the meeting be adjourned. Motion carried unanimously. Meeting adjourned at 11:00 P.M. Chairman X01 Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota January 6, 1966 The Planning Commission met in special session at Earle Brown School at 8:00 P.M. to preside over hearings on the proposed Comprehensive Plan and comprehensive rezoning. Roll Call: Chairman Robert Jensen,Commissioner Helmer Engstrom, Robert Grosshans, Paul Ditter, and Henry Bogucki were present. i4. Ausen arrived later in the evening. Also present mere: Staff - A. J. Lee, T. L. Hadd, R. Cihoski Audience - Approximately 75 interested persons Pair. Jensen introduced the Planning Commission to the audience and explained the way in which the hearings would be conducted, following which he turned the meeting over to Mr. Lee. Mr. Lee explained why planning was necessary, gave a history of planning, and described how the present plan proposal had developed. 1, question and answer period followed this segment, after which the proposed zoning ordinance was examined, area by area, with the Administrator and Commission answering questions and receiving comments from the spectators. As no further comments were forthcoming from the audience, Mr. Jensen declared the public hearings closed at 10:00 P.M. Motion by Bogucki, seconded by Ditter, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 10:00 P.M. Chairman 203 Minutes of the Proceedings of the Planning Commission in the 'tillage of Brooklyn Center in the County of Henneoin and of Minnesota January 10, 1966 The Planning Commission met in special session and was called to order at 7:30 P.M. Roll Call: Chairman Robert Jensen, Vice-Chairman Vernon Ausen, Commissioners Henry Bogucki, Paul Ditter and Robert Gross- hans Caere present. The purposes of this meeting were to discuss the proposed zoning ordinance in view of comments and documents received at the public hearings on the Comprehensive Plan and comprehensive rezoning, and to make a report to the Village Council regarding the hearings. Commissioner Henry Bogucki introduced the following Resolution and moved its adoption: RESOLUTION RECOM14I MING DENIAL OF APPLICATION 65065 FOR PE-ZONING MEREAS consideration of application no. 65065 for commercial zoning was deferred by a Planning Commission Resolution of October 28, 1965 so that it might be reviewed in the light of the proposed comprehensive land use plan for the Village and proposed zoning ordinance; and 11HEREAS the said application has now been reviewed, public hearings on the proposed comprehensive plan and zoning ordinance having been held on January 4 and January 6, 1966; and .JUMEAS the Commission has concluded from its recent compre- hensive land use planning study assisted by the professional planning consultant Hodne Associates and from the public hearings held to review the proposed comprehensive land use plan that the principle of "transitional zoning" must be employed throughout the municipality in order to consistently protect and preserve the value and usefulness of existing residential properties from the adverse effects of expanding commercial land use; and !AIMEHS the instant application in proposing to create a commercial land use abutting existing residential homes fails to embody this essential principle; and I'MEREAS this failure in the Commission's opinion will devalue the abutting residential properties and unreasonably interfere with the use and enjoyment thereof, THE. COMMISSION ?TILL RECOMMEND DMiAl.; but 11HEIREAS the Commission also recognized that the proximity of the subject property to Trunk Highway 152 and to commercial uses to the North and East renders the subject property desirable for commercial uses; and t'MEREAS the Commission would approve this application for commercial zoning if the abutting residential uses were protected by appropriate transitional zoning; NO!!, THEREFORE, IT IS RESOLVED BY THE PLANNING COMMISSICN OF THE VILLAGE OF BRCONLXN CENTER TO RECOMMEND DENIM, OF E.PPLICi:TION NO. 65065. The Resolution was duly seconded by Commissioner Robert Gross- hans, and upon a vote being taken, all voted in favor; whereupon said Resolution was adopted. 204 1 -2-- fit 8:30 F.M., the Planning Commission joined the Village Council in the Council Chambers and reported to the Council on the conduct of the public hearings on the Comprehensive Plan and comprehensive rezoning. Following discussion of the Plan and rezoning, the Planning Commission left the Council meeting to discuss the proposed Zoning Ordinance. Motion by Bogucki, seconded by Ausen, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 12:00 midnight. Chairman 206 1 153 Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota January 13, 1966 T;;e Planning Commission met in regular session and was called to order. by Chairman Robert Jensen at 7:30 P.M. Roll Call: Chairman Robert Jensen, Commissioners Helmer Engstrom, Robert Grosshans and Henry Bogucki were present. Paul critter arrived at 8:00 P.M. Epplication 465094 for a special use permit to rent trailers on the service station property at 6830 Osseo Road was the first item to be considered. The applicant stated he would like to be able to store and rent two or perhaps three trailers on the property. Motion by Engstrom, seconded by Grosshans, to recommend to the Village Council that application 465094 be approved, subject to the following conditions: 1} that the special use permit expire two years from the date of Council approval; 2) that a maximum of three trailers be stored on and rented from the property. Motion carried unanimously. Mr. Jitter arrived at this point. Mr. Harrington for Diversified Developers, and Mr. McKenna for Bergstrom Construction Company presented their application, #65096. The application requested the following: Approval of the preliminary plat of "Hi Crest Square Addition"; rezoning of Lots 1 and 2, Block 1, from :11 to Bl; Lots 3, 4, 5 and 6, Block 1, from R1 to R5; Blocks 2 and 3 from R1 to R5. i discussion ensued, involving those persons notified, the applicants, and the Commission. Mr. Jensen noted that these plans conform generally to the Commission's planning concept of the area, and that there is a need for such a facility in this area of the Village. Responding to a question from the Chair, the applicants stated they siere willing to submit a letter agreeing to a future C2 zoning of the property to be zoned commercially. Motion by Grosshans, seconded by Bogucki, to recommend to the Village Council that Application #65096 (as revised December 28, 1965) be approved, provided that: 1) three public walkways be provided in the Hi Crest Square plat, two of them running north- south between the commercial and school properties, and one running east-west from Emerson Avenue to the commercial property; 2) rezonings as requested are contingent upon the recording of the final plat., Motion carried unanimously. 154 i ) -2- /:pplication 465098 submitted by Eugene Hanson concerning plan approval of multiple dwellings on Lot 3, Block 1, and Lot 1, Block 2 of the proposed "Hi Crest Square Addition" was next heard. Motion by Bogucki, seconded by Engstrom, to recommend to the Village Council that Application #65098 be approved, with access to the parI:i.ng lots of the two apartments being from 67th Avenue North rather than Humboldt Avenue North. Motion carried unanimously. Application 465099 was next considered. Submitted by Shell Oil Company, it requested rezoning of portions of Lot 18, Auditors Subdivision #310, to B3 and R5, and a special use permit for a service station for the portion zoned B3 at 6545 Lyndale Avenue North. notion by Bogucki, seconded by Grosshans, to recommend to the Village Council that Application #65099 be denied, for the reason that this development would probably be detrimental to the development of the immediate area without a street plan having first been determined, and that this denial would give the Village Engineer an opportunity to prepare a suggested street plan. Motion carried unanimously. It was suggested by the Commission that affected property owners in the area could help in the development of this area by discussing their individual plans with one another. Motion by Grosshans, seconded by Ditter, to table Application 465101 until the February 3, 1966 meeting, as the application had no representative present. Motion carried unanimously. fir. Martinson, of Dayton Development Company, presented Appli- cation 465102 for Brookdale Ford. The application was a request for approval of plans for alteration of the outdoor lighting at Brookdale Ford, 2500 County Road #10 (Lot 1, Block 1, Brookdale First Addition). motion by Grosshans, seconded by hitter, to recommend to the Village Council that the plans referred to in application 465102 be approved as submitted. Motion carried unanimously. The Commission called for consideration of Application 465103 submitted by Martin F. Colon for 11ilhelmina Olson. The application requested rezoning of Block I of Olson's Island View Terrace Addition to RI and R5. Motion by Grosshans, seconded by Engstrom, to close the public hearing and take the matter under advisement. Motion carried unanimously. R. R. McChesney presented Application 465104. The applicent requested ipproval of the preliminary plat of R. R. McChesney 2nd 1ddition; rezoning of the property from RI and RB to R5; and approval of site and building plans. The public hearing was conducted, during which comments were made against and in favor of the application, and a petition asking for an extension of time on the hearing was received by the Commission from Mr. Donald Oine. ".lotion by Bogucki, seconded by Ditter, to table application 465104 until the February 3, 1966, Planning Commission meeting. Motion carried unanimously, 156 Y 3 -3- The Planning Commission was informed that I.pplication 965093 by `dilliam Zieska was to come before the Village Council on January 17, 1966. Notion by Engstrom, seconded by Ditter, to recommend to the Village Council that the Council not take final action on A.pplication #65093 a this time, as the Planning Commission is still considering revisions to the proposed zoning maps. Motion carried unanimously. i.otion by Grosshans, seconded by Ditter, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 11 :30 P.M. Chairman 160 207 Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota January 20, 1966 The Planning Commission met in special session and was called to order by Chairman Robert Jensen at 7:40 P.M. Rolf. Call : Chairman Robert Jensen, Vice-Chairman Vernon Ausen, Commissioners Adrian Dorenfeld, Helmer Engstrom, Robert Grosshans, Henry Bogucki, and Paul Ditter were present. The Commission had requested by a motion of January 13th that the Council not take action on .€application #65093 until the Commission had further time to consider revisions of the proposed zoning map in the 55th and Osseo Road area. The owners of pro- perties between the Library and Northport Clinic were notified by telephone (with the exception of L. S. Eckberg who is incapa- citated in Duluth) of the discussion to be conducted January 20th. A discussion of the advantages and disadvantages of zoning this strip of land to a commercial service/office type use ensued, with comments welcomed from those affected. Motion by Dorenfeld, seconded by Bogucki, to recommend to the Village Council that Application #65093 for rezoning from R1 to RB of the property at 5455 Osseo Road be denied. Voting in favor of the motion were Ditter, Bogucki, Engstrom and Dorenfeld. Voting against was Jensen. Abstaining were Grosshans and Ausen. Motion carried. Mr. Dorenfeld stated that his reason for making his motion was that we do not at this time have the requirements of the proposed Cl zone definitely established, .and that further, he would like to determine if by agreement we could establish use conditions in this area more restrictive than the proposed Cl zone. He stated that he feels the area is not a R1 area but should be more restrictive than the proposed Cl zone. Following the above motion, Mr. Jensen polled the Commission as to whether the Commissioners ''agree or disagree that Cl service/ office type zoning is the proper zoning for the strip of properties between the Clinic and Library". The results of the poll were as follows: Yes, Cl is correct Ditter, Bogucki, Grosshans, Jensen No, Cl is not correct - Ausen, Engstrom, Dorenfeld, Following the action on the Zieska application, the Commission began a discussion of the proposed zoning map, with special emphasis on R7 - High Rize zoning. Mr. Martinson of Dayton Development Company was invited to the meeting Dayton Company's plans for high rise development. Mr. Martinson explained his concepts of high rise to the Commission, and made suggestions as to how the proposed zone might be improved. Mr. Bogucki reported on his attendance at the Brooklyn Paris Planning Commission meeting on January 17th where he deli7ered the Village Council's resolution regarding apartment zoning on our western boundary. The Brooklyn Park Commission stated that access to the rezoned property would not be from Vera Cruz and that the drainage ditch across the property would be protected. Mr. Wsen announces that he was resigning the office of Vice Chairman of the Commission. The Commission acknowledged the resignation with regret. `08 9,0 9 Motion by Engstrom, seconded by Bogucki, that Robert Grosshans succeed Vernon Ausen as Vice Chairman. Motion carried unanimously, with Mr. Grosshans abstaining. Motion by Dorenfeld, seconded by Bogucki, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 11 :30 P.M. Chairman 210 Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota January 27, 1966 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 Robert Gross- hans, Commissioners Helmer Engstrom, Vernon Ausen, Henry Bogucki and Paul Ditter were present. Motion by Grosshans, seconded by Engstrom, to approve the minutes of the regular meetings of December 2, 1965 and January 13, 1966, and the special meetings of December 8th, 9th, 16th, and 30th, and January 4th, 6th, 10th, and 20th, as submitted. Motion carried unanimously. Residents of the 67th and Grimes/Halifax Ares had requested a meeting with the Planning Commission to determine the future of the area. Approximately a dozen residents were in attendance, and the discussion ranged from zoning, to access to the area, to possible uses of a higher nature for the area. Following the above discussion, the Commission moved on to an examination of the various letters received regarding the proposed rezoning of the Village. Motion by Bogucki, seconded by Ditter, that the date of the continued hearing on Application 465104 by R. R. McChesney be changed from February 3 to February 10, and that the residents of Brooklyn Center previously notified be advised of this change in date. Motion carried unanimously. Motion by Grosshans, seconded by Bogucki, that the meeting be adjourned. Motion carried unanimously. Meeting adjourned at 10:50 P.M. Chairman �9T f:i i 211 Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota February 3, 1966 The Planning Commission met in regular session and was called to order by Chairman Robert Jensen at 7:30 P.M. Roll Call : Chairman Robert Jensen, Commissioners Helmer Engstrom, Robert Grosshans and Paul Ditter were present. Mr. Oorenfeld arrived at 7:35 P.M. and Mr. Bogucki arrived at 8:10 P.M. Notion by Grosshans, seconded by Engstrom to approve the minutes of the special meeting of January 27, 1966. Motion carried unanimously. la Chairman Jensen called for consideration of application #65101 by Lundstrom Construction Company and Thorpe Bros. Realty. As no one was present to represent the application, he laid it aside temporarily. Mr. Dorenfeld entered at this point. i.pplication 466001 submitted by Robert L. Baldwin was next considered. It requested rezoning to B3 or C2 and a special use permit for a service station and approval of site and building plans for such station for the property at the southwest corner of the intersection of France Avenue North and Highway 4100. (Tract As R. L. S. 41082, and Parcel 2910, Section 10) k lengthy discussion ensued during which comments were heard moth pro and con from the persons notified. Motion by Dorenfeld, seconded by hitter, to recommend to the Village Council that application 466001 submitted by Robert Baldwin be denied for the reason that the present zoning is adequate and zoning to a higher use, especially a service station use, is not in the best interest of the community. Voting in favor of the motion tiuere Dorenfeld, Engstrom, Jensen and Ditter. Not voting were Grosshans and Bogucki Gear. Bogucki had arrived just prior to the making of the motion). i:otion carried. i.s the applicant from Thorpe Bros had arrived, Pair. Jensen returned to the consideration of LT)plication 465101. Motion by Grosshans, seconded by Engstrom, to recommend to the Village Council that Application #65101 for approval of the preliminary plat of "Edling 4th i.ddition" consisting of the present outlet 1, ::Idling 3rd Wdition, be approved, provided that: 1. A 10 foot wide temporary drainage easement be provided along the south line of Lot 2, Block 2; 2. The driveways to be installed on Lot 2, Block 2, and Lot 3, Block 1, be placed on the north side of those lots, so as to aid in properly maintaining the deadend street. Motion carried unanimously. Eipplication 466002 was next for consideration. The application requested a rezoning of certain properties approximately between 71st fivenue North and the north Village limits on the west side of Osseo Road (Parcels 5400, 5600, 5800, 6010, 6223 and 6224, Luditor's Subdivision 457) from the present E1 zoning to R5. The application was submitted by Fireside Realty, ►ard and Shirley Gronfield, Marvin L. Olson, Robert and helores Lang, "lilliam and Oda 2osenou and Tom ,'lilder. A very lengthy discussion of the application IA -2- ensued and comments were heard from the applicants and those persons notified of the rezoning. A petition signed by many residents of the area was submitted by U. G. Pehrson of 4812 - 71st ivenue North; the petition objected to the proposed rezoning. Motion by Oorenfeld, seconded by Bogucki, to recommend to the Village Council that application 466002 be denied because: 1) the proposed rezoning is inconsistent with the Commission's comprehensive planning for the area; 2) a master plan of the area should be developed. Motion carried unanimously. Thomas Gomilak presented i-:pplication 466003. Mr. Gomilak requested a variance from Section 35-401 and 35-402 to allow construction of a 12 foot by 24 foot attached garage on the east side of his house at 2901 - 63rd Avenue North (Lot 10, Block 8, Garden City lst addition), to be 3 feet from the East property line. Mr. Gomilak explained that his property was not platted with 90 degree corners and that the building of his home parallel to the street rather than parallel to the side lot line had created a situation where one end of the garage would be 5 feet from the line and the other would be 3 feet from the line. He submitted a letter from his neighbor to the east upon whose property line he would be encroaching which stated that the neighboring property owner did not object to the variance being granted. !Motion by Grosshans, seconded by Bogucki, to recommend to the Village Council that application 466003 submitted by Thomas Gomilak be approved. fiotion carried unanimously. application 466004 submitted by C!illiam Haugh, attorney for the owner, P!illiam F. Young, was next heard. The application requested a variance from Section 15-104 to permit division of a property by metes and bounds description. The property is that part of Lot 15, Auditor's Subdivision 9310 lying between Lyndale Avenue North and 'Hillow Lane. Mr. Jensen read a letter which had been sent to the Commission by Mir. Haugh stating why he would be unable to attend the meeting and represent the application. Mr. Haugh explained circumstances surrounding the application and requested that the Commission take action on it even though he would not be present. Mr. Jensen announced that the attorney's letter would be accepted in lieu of personal representation for the application. Motion by Engstrom, seconded by Grosshans, to recommend to the Village Council that application #66004 be approved, and a variance be granted from Section 15-104 to permit division by metes and bounds as requested. Motion carried unanimously. Motion by Bogucki, seconded by Dorenfeld, to recommend to the Village Council that F:pplication #66005 for approval of plans for an addition to the existing Brookdale Covenant Church Building at 5139 Osseo Road as requested by Engler and fissociates lxchitects be approved as submitted. Motion carried unanimously. Epplication #65103 submitted by 1`4artin F. Colon was next heard to be considered. The application was taken under advisement at the January 13th meeting. It requested rezoning of portions of Block 1, Olsons Island View Terrace addition to R5 and B3 for service station and multiple dwelling use. _^Lk 1 1 219 -3- Motion by Grosshans, seconded by Ditter, to recommend to the Village Council that application 965103 requesting rezoning to B3 of Lots 2 and 3 (except street) Block 1, Olsons Island View Terrace fddition and rezoning to R5 of Lots 1, 8, 9 and 10 (except street) of the same block and addition be approved, provided that the two lots to be zoned B3 are combined into one parcel and the four lots to be rezoned 115 are combined into one parcel. Voting in favor of the motion were Jensen, Engstrom, Grosshans, and Ditter. Votinc against the motion was Bogucki. Not voting was Dorenfeld. Motion carried. Motion by Engstrom, seconded by Bogucki, to recommend issuance of a temporary business certificate of occupancy to 0. B. Thompson Electric Company, 6822 Osseo Road, provided that the following conditions be met: 1. The petitioner shall post a performance bond in the amount of $2000.00 guaranteeing the grading and surfacing of the parking area in accordance with a plan to be approved by the Village Engineer. 2. No parking shall be permitted in front of the building. 3. The petitioner shall install and maintain a green strip in front of the building. Motion carried unanimously. Mr. Dorenfeld left the meeting at 11:25 P.M. Motion by Bogucki,seconded by Grosshans, to recommend to the Village Council that additional payments to Hodne kssociates for consulting services related to the Comprehensive Planning Study be made for the following items in the amount stated: 1. 6,000 extra copies of Plan brochure - : 498.55 2. Revision to Plan Report and Brochure following the Northport School hearing - $285.12. Motion carried unanimously. The Commission stated that further payment for other items listed by Hodne i.ssociates would require further discussion. Motion by Engstrom, seconded by Ditter, that the meeting be adjourned. Motion carried unanimously. lieeting adjourned at 11:45 P.M. Chairman c>c>,(i 213 j Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota February 10, 1966 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 Robert Grosshans, Commissioners Helmer Engstrom, Paul Ditter and Henry Bogucki. fair. Dorenfeld arrived at 5:00 P.M. Mr. Ausen arrived at 9:00 P.M. Mr. Jensen announced that the Commission would consider Epplication A65104 submitted by R. R. McChesney. He explained to the (approximately) 25 persons present that: 1) the original Application 465104 had been revised so that a rezoning is not required, as all the property exists as RB; 2) a plat is also being considered which does require a public hearing, and if those interested have comments to make, they should feel free to do so. Mr. McChesney presented his proposed plat and plans to the Commission. Following questions from the Commission, the plans were shown to the spectators and their attorney, Mr. Herman Talle. Following a discussion involving the Commission, applicant, the nearby residents through their attorney, and a legal opinion by Mr. Johnston, Village l.ttorney, the following motion was made. Motion by Ditter, seconded by Grosshans to recommend to the Village Council that Application #65104 submitted by 8. R. McChesney for approval of the preliminary plat of "R. R. McChesney and Sons 2nd lddition", and approval of site plans for a multiple dwelling development thereon be approved, provided that: 1) the necessary bonds for improvements shown on the plans is arranged; and 2) that a fence or wall be provided where the RB property abuts Rl property. Voting in favor of the motion were Jensen, Engstrom, Ditter, Doren- feld and Grosshans. Voting against was Bogucki. Motion carried. Motion by Grosshans, seconded by Dorenfeld to recommend to the Village Council that the fence or wall recommended in the previous motion regarding Application 465104 be 6 feet in height. Voting in favor of the motion were Jensen, Engstrom, Ditter, Dorenfeld and Grosshans. Not voting was Bogucki. Motion carried. Mr. Bogucki stated that his reasons for voting against and not voting for the previous motions were: 1) there is no reason why the Commission should deviate from its proposal to recommend rezoning of this property to R1; conditions have changed completely since the property was zoned RB - it is approximately 1/3 the size of the original RB tract, and it has lost all access to the Osseo Road. 2�5 -2- 2) the idea of funneling 60 to 70 cars down a residential street from this apartment development disagrees completely with our planning principles. Mr. Ausen arrived at this point. The Commission spent the remainder of the evening discussing the proposed zoning map in relation to the letters received by the Commission regarding the proposed comprehensive rezoning. Mr. Dorenfeld left the meeting at 9:45 P.M. Motion by Grosshans, seconded by Bogucki that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 11 :35 P.M. Chairman 216 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 17, 1966 The Planning Commission met in special session and was called to order by Chairman Robert Jensen at 7:45 P.M. Roll Call: Chairman Robert Jensen, Vice Chairman Robert Grosshans, Commissioners Vernon Ausen, Adrian Dorenfeld, and Henry Bogucki were present. Following reviewal of the proposed comprehensive plan, Commissioner Henry Bogucki introduced the following Resolution and moved its adoption: PLANNING COMISSION RESOLUTION 66-2 RESOLUTION RECOMMENDING COMPREHENSIVE PLAN FOR THE VILLAGE OF BROOKLYN CENTER AND TRANSMITTING SUCH PLAN TO THE COUNCIL OF THE VILLAGE OF BROOKLYN CENTER WHEREAS, the Planning Commission of the Village of Brooklyn Center is the municipal body charged with preparing and maintaining comprehensive plans and maps for the future development of the Village and making of recommendations for changes in such plans as it deems necessary; and WHEREAS, the Village of Brooklyn Center, in 1963, applied for and received a Grant of Federal Assistance in the form of two-thirds payment of the cost of a planning study under Section 701 of the Housing Act of 1954 (Amended); and WHEREAS, from September of 1963 until September of 1965, the Planning Commission and a professional planning consultant have been involved in a planning study which will result in a Comprehensive Plan and its Effectuation Devices; and WHEREAS, the Planning Commission has conducted public hearings on the proposed Comprehensive Plan on January 4th and 6th, 1966, following proper notice of said hearings; and 11MEREAS, the Planning Commission has reached the point in its study where it is prepared to adopt a Plan as its recommendation to the Village Council to be adopted as the Official Comprehensive Plan of the Village of Brooklyn Center. NON, THEREFORE, BE IT RESOLVED that the attached certified copy of the "Brooklyn Center Comprehensive Plan" with its maps, diagrams, and text is the Planning Commission's recommendation for adoption as the Comprehensive Plan for Brooklyn Center. The Resolution was duly seconded by Commissioner Adrian Dorenfeld,' and upon a vote being taken, all voted in favor; whereupon said Resolution was declared passed and adopted. The remainder of the meeting consisted of a discussion of the proposed zoning ordinance, one of the effectuation devices for the Comprehensive Plan. Motion by Dorenfeld, seconded by Bogucki, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 10:30 P.M. Chairman 244 v Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota February 24, 1966 The Planning Commission met in special session and was called to order by Chairman Robert Jensen at 7:45 P.4rI. Roll Call: Chairman Robert Jensen, Vice-Chairman Robert Gross- hans, Commissioners Vernon P.usen, Paul Ditter and Henry Bogucki were present. idso present were staff members James Johnston and Richard Cihoski. The Commission spent the evening studying the proposed Zoning Ordinance, especially the multiple dwelling and commercial zones. Motion by Bogucki, seconded by Grosshans, that the meeting be adjourned. I4Metion carried unanimously. The meeting adjourned at 12:15 k.M. Chairman 236 c t Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota March 3, 1966 The Planning Commission met in regular session and was called to order by Chairman Robert Jensen at 7:40 P.M. Roll Call : Chairman Jensen and Members Grosshans, Engstrom and Ditter were present. Members Bogucki and Ausen came into the meeting later. Staff members Lee and Murphey were present. Motion by Grosshans, seconded by Ditter, to approve the minutes of the regular meeting of February 3, 1966, and the special meetings February 10th and 17th. Motion carried unanimously. The Chairman called for consideration of Application #66005 and finding that the interested property owners had not arrived, set the petition aside until a later hour. The Chairman next called for consideration of Application 466008 submitted by C. ;J. Lovely for approval of the preliminary plat of Lovely's Addition. Motion by Engstrom and seconded by Grosshans to recommend to the Village Council that Application 966008 be denied. Motion carried unanimously. NOTE: The reason for the recommendation for denial was the fact that Lot 1 on the proposed plat would not have frontage on a public street. Member Bogucki came into the meeting at this time. i:pplieation 966005 submitted by Twin Realty Company for a variance from the density requirement for multiple dwellings in a RB zone was represented by Joe Michaels, architect for the owner. The property owners notified were given an opportunity to examine the site plans and Mr. Michaels answered questions as they were presented. Mr. Rehor, spokesman for a property owners group, submitted a recommendation from the group asking the Planning Commission to recommend denial of the variance request. A petition signed by several residents of the area was submitted to this effect. Member Ausen came into the meeting at this time. The Chairman declared the public hearing on Application #66005 closed, and Member Grosshans made a motion to recommend to the Village Council that Application #66005 be denied insofar as it relates to the variance on density. Motion was duly seconded by Bogucki. Voting in favor of the motion: Grosshans, Bogucki, Ausen, Engstrom, and Jensen. Voting against the same: none. Motion carried unanimously. The next item for consideration was Application #66009 submitted by Iten Chevrolet for approval of plans for a 16 foot by 24 foot building to be located at 6701 Osseo Road. The building to be used as an office in conjunction with the existing used car lot. Motion by Bogucki and seconded by Ditter to recommend to the Village Council that application 466009 be approved subject to the following: 1. Plan check by the Building Inspector. 2. The building to be located 5 feet from westerly property line. 3. No consideration or recommendation is made for any signs. Motion carried unanimously. ��/i _ � .- 249 -2- Motion by Ausen, seconded by Engstrom, to recommend to the Village Council that Application #66010 submitted by Shopper's City be approved as follows: 1. A variance to Section 35-410 to permit the operation of a garden store at 3600 - 63rd Avenue North from April 1, 1966, until July 15, 1966, provided: a. The building shall be removed ;promptly upon expiration of the time prescribed. b. A building permit shall be authorized for the construction of a garage to be used in conjunction with the garden store. Motion carried unanimously. The next item of business was Application 466011 submitted by John Horbal requesting rezoning of the property lying in the northwest quadrant of 69th and Humboldt Avenue North. Mr. Horbal's request is that the southerly 170 feet of his property be rezoned from 81 to B3 to permit the construction of a service station and a dairy store. The balance of his property lying north of the south 170 feet is to be rezoned from RI to R5 to permit the construction of multiple dwellings. lifter giving due consideration to the developer's request and the property owner's comments, the Planning Commission took the following action. Motion by Bogucki and seconded by Ditter to recommend to the Village Council that Application 466011 submitted by John Horbal be denied. The reason for denial is as follows: 1. Sufficient retail shopping facilities are being provided in adjacent areas. 2. The traffic generated by the proposed use would be undesirable. 3. The layouts, as submitted, are not consistent with the Comprehensive Guide Plan as recommended by the Planning Commission Vote being taken upon the motion: all members voted in favor thereof; voting against: none. Motion carried. NOTE: The Guide Plan and the Proposed Zoning Ordinance recommend that the area between Humboldt Avenue and Irving Avenue from 69th to 70th be rezoned R5 and the area between Humboldt Avenue and Irving Avenue from 70th to 71st remain Rl. Motion by Ausen, seconded by Grosshans to recommend to the Village Council that application #66013 submitted by Vlayde Harris and Thomas McKee be approved and a special use permit issued to permit the construction of 2 duplexes in an Rl zone. The reason for recommending the special use permit is that the proposed zoning ordinance recommends this area for rezoning to R2 and in view of the proposed rezoning, this application is a reasonable request. Motion carried unanimously. Motion by Grosshans and seconded by Ditter to recommend to the Village Council that Application #66014 submitted by Dayton Development Company be approved and permission granted to construct a 75 x 161 foot building as located on the plan submitted. The building is to be used for retail sales and is a part of the proposed Brookdale Plaza Addition to the Shopping Center. Motion carried unanimously. Motion by Bogucki, seconded by Engstrom, to adjourn. The meeting adjourned at 12:40 A.M. Chairman ?an 1 1 1 Q38 Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of blinnesota March 10, 1966 The Planning Commission met in special session and was called to order by Chairman Robert Jensen at 7:35 P.M. Roll Call: Chairman Robert Jensen, Vice Chairman Robert Grosshans and Commissioners Vernon Ausen and Henry Bogucki were present; Paul flitter and Helmer nCistrom arrived a fern minutes later. Chairman Jensen announced that this was the study meeting of the Planning Commission but that two applications on which time was an important factor would be considered. The first of these two applications to be considered was that of Sears Roebuck. It requested a variance from Section 35-410 to permit the operation of a garden store from April 1, 1966 to July 1, 1966, involving storage within a 68' x 71' fenced area on the west side of the garden store. Motion by Bogucki, seconded by Grosshans to recommend to the Village Council, in regard to application 466015, that: 1. The requirement of notification for variance be waived due to the fact that only Dayton Development Company would be notified; 2. That the variance requested be granted provided that the use be terminated promptly upon expiration of the time prescribed and any construction involved shall be in accordance with requirements of the Building Ordinance. 'Doting in favor of the motion were Ausen, Jensen, Grosshans, and Bogucki. Motion carried unanimously. Mr. Litter and Mr. Engstrom entered at this point. The second application to be considered was that of Pilgrim Cleaners of 5742 Morgan Avenue North. Their application, 466016, requested approval of plans of signing proposed for the Pilgrim Cleaners Building and a variance on the allowable square footage on such signing from Section 35-320. A discussion ensued regarding the application of the proposed sign ordinance to the present application, since the present ordinance would allow no additional signing on the property. Several members of the Commission stated that they would hesitate to allow signs to be erected which may not be in accord with what is finally adopted as a sign ordinance. Motion by Ausen, seconded by Bogucki, to recommend to the Village Council that: 1. The requirement of notice for variance application be waived; 2. That a variance be granted from the present ordinance to permit one sign on each wall (west and north) not to exceed 10 per cent of the wall 's area, provided that the signs not extend above the edge of the parapet, and also provided that the applicant waive any right to a roof sign as permitted under the present ordinance. Voting in favor of the motion were Ausen, Grosshans, Bogucki, and Engstrom. Voting against was Ditter. Not voting was Jensen. Motion carried. 234 287 -2- Mr. IVilliam Luger of 7000 Csseo Road and Mr. and Mrs. Edward Bergerson of 7006 Osseo Road, appeared before the Commission regarding the proposed zoning of their properties. They noted that the Planning Commission in its proposal had indicated that R5 zoning should be applied to their roperty, and they requested of the Commission that they reconsider tgis and perhaps suggest zoning for Cl or C2 as its recommendation to the Village Council. The Commission discussed this with the residents and suggested that the proposed R5 zoning would stand until it was shown that it was not workable. is short discussion of the joint field trip with the Village Council of March 5th ensued. General comments from the Commission showed that the field trip had been of value in giving the Commissioners some sense of what is being done elsewhere in the metropolitan area. Mr. Ralph Martinson and Mr. Jon Abbott of Dayton Development Company appeared before the Commission to discuss general requirements for apartment development. Their basic argument was that tracts of relatively large size can provide the same or better amenities than can small size developments due to their consolidation of open spaces, parking areas, and so on. They suggested that the Planning Commission review this concept and, hopefully, enact in the pro- posed zoning ordinance provisions that would encourage and reward such larger developments. The Commission stated general agreement with this concept and directed the village staff to examine the question and determine whether or not some basis for differential treatment could be stated that would be legally tenable. The rest of the evening was spent examining the zoning ordinance, particularly the commercial and residential uses. The Village Staff was directed to begin preparing a revision of the second draft of the proposed zoning ordinance for review by the Commission. Motion by Ausen, seconded by Engstrom, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 11 :55 P.M. Director 238 Minutes of the Proceedings of the 223 Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota March 17, 1966 The Planning Commission met in regular session and was called to order by Chairman Robert Jensen at 7:35 P.M. Roll Call: Chairman Jensen and Members Grosshans, Ausen, Bogucki, Dorenfeld and Engstrom. Mr. Jensen asked of the Commission whether the Regular Meeting scheduled for April 7th should be changed to another date due to the fact that religious activities of that week might interfere with attendance by interested parties. Upon polling the Commission, a majority indicated they would be in favor of changing the date of April 's regular meeting from April 7th to April 14th, whereupon the Chairman declared the Regular Meeting for the month of April would be held on i.pril 14th. Motion by Dorenfeld, seconded by Ausen, to approve the final plat of "Northtown Plaza First addition" as submitted, the acceptance on the plat as now proposed not altering the Commission's former recommendation on another preliminary plat of this name submitted as Application No. 65077, but due to the fact that the owner of the property has apparently revised the plat to his and the Community's satisfaction. Voting in favor of the motion were Jensen, Ausen, Engstrom, Grosshans and Dorenfeld. Voting against: none. Mr. Bogucki abstained, stating that he objected to the contemplated change of zoning in this plat along the street line rather than a rear property line. Motion carried. The rest of the evening was spent in revising the sign ordinance so that a final draft could be prepared for the Commission's review. Motion by Dorenfeld, seconded by Ausen, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 10:45 P.M. Chairman I 2 24 41 Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota March 31, 1966 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, Commissioners Vernon Ausen, Adrian Dorenfeld, Paul Ditter and Helmer Engstrom were present. Ivir. Bogucki arrived at approximately 10:00 P.M. and Mr. Dorenfeld left at that time. Following reviewal of the proposed Zoning Ordinance, Commissioner Vernon Ausen introduced the following Resolution and moved its adoption: PLANNING C0MMISSION RESOLUTION 66-3 RESOLUTION REC0MMENDING A ZONING ORDINANCE FOR THE VILLAGE OF BROOKLYN CENTER PAD TRANSMITTING SUCH ORDINANCE TO THE COUNCIL OF THE VILLAGE OF BROO11MYN CENTER "AiEREAS, the Planning Commission of the Village of Brooklyn Center is the municipal body charged with preparing and maintaining comprehensive plans and maps for the future development of the Village and making of recommendations for changes in such plans as it deems necessary; and ;UHEREAS, the Village of Brooklyn Center, in 1963, ^pplied for and received a Grant of Federal Assistance in the form of two-thirds payment of the cost of a planning study under Section 701 of the Housing Act of 1954 (Amended); and WHEREAS, from September of 1963 until September of 1965, the Planning Commission and a professional planning consultant have been involved in a planning study which will result in a Comprehensive Plan and its Effectuation Devices; and t'AiEREAS, the Planning Commission has adopted by Resolution the "Brooklyn Center Comprehensive Plan" and forwarded it to the Village Council with a recommendation for adoption by that body; and PJHEREAS, a Zoning Ordinance, one of its Effectuation Devices, has been developed in accordance with the principles embodied in such Plan; and 0EREAS, the Planning Commission has conducted public hearings on the proposed Zoning Ordinance on January 4th and 6th, 1966, following proper notice of said hearings; N01-1, THEREFORE, BE IT RESOLVED that the attached certified copy of the Zoning Ordinance, with its text , describing ?ro;�-osed onin districts is the Planning Commission's recommendation for adoption as the Zoning Ordinance of the Village of Brooklyn Center, The Resolution was duly seconded by Commissioner Henry Bogucki, and upon a vote being taken, the following voted in favor thereof: Engstrom, Ausen, Jensen, Bogucki, and Ditter; and the following voted against: None; whereupon said Resolution was declared passed and adopted. Motion by Ditter and seconded by Engstrom that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 12:15 A.Al. Chairman 43 1 1 1 225 MUnutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota April 14, 1966 The Planning Commission met in regular session and was called to order by Chairman Robert Jensen at 7:35 P.M. Roll Cali : Chairman Robert Jensen, Vice Chairman Robert Grosshans, Commissioners Helmer Engstrom and Paul Oitter were present. Motion by Ditter, seconded by Engstrom to approve the minutes of the regular meeting of March 3, 1966, and the special meetings of February 24, and March 17th and 31st. Motion carried unanimously. The first application to be considered was 466023 submitted by Thomas 11ilder for rezoning of properties at approximately 72nd Avenue North and Osseo Road from Rl to R3 and R5. A discussion followed, including comments from the applicant, interested spectators, and the Commission. Motion by Grosshans, seconded by Engstrom, to recommend approval of rezoning to R5 of Parcels 5400 and 6223, Auditor's Subdivision 457, only and recommend denial of rezoning to the other properties stated in the application, until better plans are produced regarding adjacent vacant lands. Motion carried unanimously. Mr. Jensen stated that the Commission would consider slight adjust- ments in zoning lines if plans developed for the area necessitating such change. The second application to be considered was #66011 submitted by John 3. Horbal for rezoning of the properties bounded by Irving, 71st, Humboldt, and 69th Avenues North from RI zoning to R2, R4, R5 and B3 zoning. In addition, a special use permit to operate a service station on the B3 property was requested. A Mr. David Baerg presented a petition objecting to zoning of property north of 70th Avenue to anything but R1. The petition was signed by approximately 25 home owners. Mr. Jensen declared the public hearing closed to allow the Commission to deliberate on the application. Motion by Ditter, seconded by Grosshans, to recommend to the Village Council that the following rezoning be granted: Tracts 1 and 3 to be zoned R5; Tract 2 to be zoned B3; Tracts 4 and 5 to be zoned R2; and further, this approval of rezoning does, in no way, include any approval of plans (Tract numbers refer to the drawing on file dated April 6, 1966). Motion carried unanimously. Motion by Engstrom, seconded by Ditter, to recommend to the Village Council that a special use permit be granted for the operation of a service station on Tract 2, contingent upon approval of detailed plans of the station and its site to be submitted to the Planning Commission and the Council. Motion carried unanimously.. Motion by Engstrom, seconded by Ditter, to recommend to the Village Council that application #66018 submitted by the Lutheran Church of the Master for approval of building and site plans for an addition to the existing church at 1200 - 69th kvenue North be approved subject to final approval of the building plans by the Building Inspector. Motion carried unanimously, with Mr. Grosshans abstaining. 226 r� 99 7 -2- Applications 966020 and #66021 were next considered. Application #66021 asked for approval of the preliminary replatting of Block 1, Olson's Island View Terrace !Addition as required by the past approval of application #65013. Lpplication #66020 requested that a special use permit for the operation of a service station on re-arranged Lot 1, Block 1, Olson's Island View Terrace fddition, be granted. Motion by Grosshans, seconded by Engstrom, to recommend to the Village Council that Lppliication 466020 submitted by Martin Colon for approval of site plans and issuance of a special use permit for a service station be approved with the following stipulations: 1) That an opaque fence or wall six feet in height be installed as shown on the plans. 2) That the free-standing sign be not more than 25 feet in height and be non-flashing as shown on the plans. 3) On T.H. 9169, the northerly entrance will be a one way exit to northbound T.H. 4169 only, and the southerly entrance one way in from northbound T.H. 19169 only. Signs prohibitting any other movement will be installed. 4) k11 other site details shall be as designated on the drawings. Motion carried unanimously. Motion by Engstrom, seconded by Ditter, to recommend to the Village Council that application V66021 submitted by Partin Colon for approval of the preliminary plat of "Re-arrangement of Block 1, Olson's Island View Terrace Addition" be approved as submitted. [,,btion carried unanimously. Motion by Engstrom, seconded by Ditter, to recommend to the Village Council that application 966027 for approval of the preliminary plat of "Northland Estates 3rd addition" be approved as submitted. Motion carried unanimously. Motion by Ditter, seconded by Grosshans, to table Application 966005 submitted by Twin Realty Company to allow the Commission an opportunity to further examine the request at one of its study meetings. Motion carried unanimously. Motion by Engstrom, seconded by Grosshans, that the meeting be adjourned. Motion carried unanimously. Meeting adjourned at 11 :15 P.M. Chairman 228 245 Minutes of the Proceedings of the Planning Commission in t he Village of Brooklyn Center in the County of Hennevin and State of Minnesota _ April 21, 1966 At 7:35 P.M., Chairman Jensen explained to the applicants and audience present that the Commission lacked a quorum but since there apparently would be a good deal of discussion of the first two appli- cations, such discussion should probably begin so as not to waste time, with the hope that a quorum would be present shortly. Mr. Lee gave a short background presentation to the Commission and the audience describing the general location of property to be under discussion during the first part of the meeting. The Planning Commission met in regular session and was called to order by Chairman Robert Jensen at 7:55 P.M. Roll Call : Chairman Robert Jensen, Vice Chairman Robert Grosshans, Commissioners Helmer Engstrom and Paul Ditter were present. The first application to be considered was Application 966025 submitted by ?'diensch Construction Company for rezoning from R1 to R3, and approval of plans of a townhouse development. The property is legally described as the East 1/2 of Lot 2, !lest 1/2 of Lot 1, and the North 4/5 of the East 1/2 of Lot 1, all of Mendenhall's Outlots. This property is generally bounded by 65th Avenue North, the east property line of the properties on the east side of Bryant Avenue, 67th Avenue North extended, and Camden Avenue North extended. A presentation was made by the applicant, James EJiensch, in which he explained the type of units to be built, the flexibility of the development in accordance with necessary roadways, the approximate size of the development in number of units and so on. Following his presentation, and a reviewal of plans and models by the audience, he answered questions of the Commission and audience regarding the development. The list of property owners notified was called, and a majority of those on the list who were present --Jere either not opposed or in favor of the development, provided, however, that a fence be erected along the western property line of the development so as to prohibit foot traffic between the development and the proposed park to the west of Bryant Avenue North, to which the developer had no objection provided that the fence was semi-open sothat it would not obstruct the flow of air. He suggested that the Planning Commission could describe the exact type of fence during final plan approval. Mr. Lee commented that as legal descriptions or definite land areas have not yet been provided due to the lack of surveys for the proposed 66th Avenue, a final recommendation for rezoning would prob- ably not be in order at this time. However, if the Planning Commission felt that rezoning was proper in this area, it could indicate what its intentions were. Motion by Grosshans, seconded by Engstrom, to recommend to the Village Council that rezoning to R3 be accomplished for those portions of the property legally described in application #66025 which lie north of proposed 66th Avenue when such street is accurately dimensioned and layed out by the Engineering Department. Such rezoning shall further be contingent upon the following: 1) That the requirements of the zoning ordinance regarding the R3 zone be adhered to; 2) That a fence be constructed along the west property line of said property to prohibit foot traffic between the R3 property and the proposed park at 65th and Dupont Avenues, final design of said fence to be determined in final plan approval ; `'=�-E� 229 -2- 3) That there be dedication of necessary streets as determined by the Village Engineer; 4) That the stub of 66th Avenue North eastward from Bryant Avenue North presently dedicated as a public way shall be vacated by the Village; 5) That no approval of plans is involved in this recommendation. Motion carried unanimously. The next application on the agenda, 466019, was that of DEMAC, Inc., which obstensibly requested approval of plans of a motel- service station-multiple dwelling complex for the property roughly bounded by 66th Avenue, Camden Avenue, 67th Avenue and Lyndale Avenues North. The applicant stated, however, that final plans were not prepared for review, that zoning was not yet sufficient to allow these uses, and that the main purpose of applying for plan approval was to get an indication of what zoning is appropriate for this area and what uses would be considered as proper uses. Mr. Jensen agreed that plan approval would not be appropriate before the property was zoned to accommodate the uses suggested and that the Commission would attempt to give the applicants an indication as to what uses would be appropriate for the area. He further stated that property owners who were interested in the Cdiensch Construction application just previous would perhaps be interested in this appli- cation also and should probably stay and make comments regarding that of DF14AC also. In addition, other persons near the property proposed to be developed by DEMAC, Inc. had been sent invitations to this discussion meeting and if they had any comments to make, they should do so also. Speaking for the Commission, he stated that the Commission is not opposed per se to a motel-service station-multiple dwelling development in this area, but that determination of where final zoning lines should be established is what must be decided. also, the single family residential property to the north should be taken into account and transitional zoning provided between it and an active commercial use such as a motel-service station. This transitional use need not be, however, two and one half story apartments. Mr. Grosshans stated that he was opposed to having a motel on the north portion of this property, and that it should be on the southern side with transitional zoning to its north. The next application to be considered was that of Brooklyn Center Church of Christ, 466017, requesting permission to erect directional signs at the following locations: 1) S. E. corner - 65th and Humboldt Avenues North 2) S. H. corner - 65th and Dupont avenues North 3) N. !?. or S. 1% corner - Dupont and Lilac Drive. Motion by Engstrom, seconded by Ditter, to recommend to the Village Council that a variance be granted and three off-site directional signs be permitted at the locations stated above provided each sign does not exceed 5 square feet in area, and also provided that the exact location of these signs within the public right-of-way is approved by the Village Engineer. The variance is based on a hardship in that the church's members and guests have a difficult time finding the church since the closing of T.H. 4100, and further, the variance takes into account the proposed sign ordinance with its allowance of two permitted off-site directional signs and feels the request for three off-site signs is reasonable in this instance. Motion carried unanimously. 230 Za5 -3- Motion by Ditter, seconded by Grosshans, to recommend to the Village Council that application 966022 submitted by Fred Ledin requesting a special use permit to erect a multiple dwelling in an R1 zone be denied. The property involved is at 5444 Bryant Avenue North (Parcel 5070, Bellvue Acres Addition). The reasons for denial are: 1) The proposal does not conform with overall planning concepts of and for the area as embodied in the Comprehensive Plan adopted by this Commission; 2) A multiple dwelling use at this location is not in accord with proposals embodied in the proposed zoning ordinance which has been adopted by the Commission; 3) The proposed use is not compatible with the existing uses of the surrounding area. Motion carried unanimously. fpplication 466024 submitted by ;lilliam Beach was next considered. The applicant requested a variance from Section 15-106 to allow subdivision of Lot 15, Block 4, Bellvue Leres Addition into three parcels, two of which would be substandard (63 feet) in width. A variance was also requested from Section 15-104 to allow division by metes and bounds references to an existing plat. Motion by Engstrom, seconded by Grosshans, to recommend to the Village Council that Application #66024 submitted by ililliam Beach be approved as submitted, as the proposed division is similar to the predominant platting of the area and the proposed lots are sufficient lots except for their width, Motion carried unanimously. The next application on the agenda, #66026, was that of Homedale Builders, an appeal from the ruling of the Building Inspector regarding the minimum gross floor area of single family dwellings. Motion by Ditter, seconded by Grosshans, to table application #66026 due to the fact that neither the applicant nor its representative is present to explain the application. Motion carried unanimously. Mr. Ralph Martinson and Mr. Ken Oswald of Dayton Development Company were present to represent application 966029 regarding a variance from Section 35-330 to allow free standing directional and advertising signs. Mr. Jensen turned the chair over to Vice Chairman Grosshans. Motion by Jensen, seconded by Engstrom, to recommend to the Village Council that that portion of application 966029 regarding erection of a 4' x 8' sign at Highway No. 100 and Shingle Creek (Tract G, R.L.S. #936) and a 12' x 24' sign at Highway No. 100 and 51st Avenue extended (Parcel 130, Section 10) vaith a maximum height above grade of 15 feet for the smaller sign and 25 feet for the larger sign be approved, with the further statement that the areas stated are maximums and the applicant may make the signs smaller if smaller signs accomplish its purposes. Voting in favor of the motion were Jensen, Ennstrom, and Grosshans; voting against the motion was Ditter. Motion carried. Mr. Ditter stated that his objection was to the off-site directional sign at 51st Avenue North and 'Pighway No. 100, primarily for its location (i.e. off-site) and secondarily, for its size. Motion by Engstrom, seconded by Ditter, to recommend to the Village Council that the temporary 4' x 8' sign at 57th and Xerxes Avenue North requested in Application #66029 be approved as stated, with an expiration date of this variance of December 31, 1966. Motion carried unanimously. _'S fi 231 -4- The Planning Commission reviewed the Land Acquisition Program of the Village with the Administrator. Member Robert Grosshans introduced the following resolution and moved its adoption: Planning Commission RESOLiTrION NO. 66-4 RESOLUPION REGARDING APPLICATION FOR GRANT TO ACQUIRE OPEN SPACE LAND IN THE VILLAGE OF BROOKLYN CENTER 111HERE1,S, on February 17, 1966, a copy of the recommended compre- hensive plan for the Village of Brooklyn Center was certified to the Village Council of said Village; and 11HEREAS, Chapter 670, Section 6, Laws of Minnesota 1965 require that, following the certification of the comprehensive plan to the Village Council by the Planning Commission, the Planning Commission shall review all proposals for the acquisition of lands by the Village to insure compliance with said plan; and I'JUEREA:S, the Village Council proposes to acquire fee title to the following listed parcels of land, and to hold and preserve said lands for open-space uses; to wit: Parcel 1. Parcel 515, Plat 89027, Hennepin County Parcel 2. Parcel 2015, Plat 89027, Hennepin County Parcel 3. Parcel 1015, Plat 89034, Hennepin County Parcel 4. Parcel 500, Plat 89035, Hennepin County Parcel 5. Parcel 1410, Plat 69026, Hennepin County Parcel 6. Lots 3 -8, and Lots 13 - 18, (both inclusive, ) Block 1, North River Estates Addition Parcel 7. Lots 9 - 24 (inclusive), Halek•s 5th Addition Parcel 8. Parcel 5600, Plat 89105, Hennepin County Parcel 9. Parcel 5500, Plat 89105, Hennepin County Parcel 10. Part of Parcel 510, Plat 89100, Hennepin County Parcel 11. Parcel 4500, Plat 89034, Hennepin County ; and .'MEREA.S, a number of the aforementioned parcels are proposed for immediate development for residential uses which would remove the possibility of their acquisition for open-space use at a reasonable cost; and WHEREAS, the Planning Commission has reviewed the proposed acquisition and has compared the same with the proposed comprehensive plan: NOI, THEREFORE, BE IT RESOLVED by the Planning Commission of the Village of Brooklyn Center that the acquisition of the lands listed above for open-space purposes is in conformance with the comprehensive plan for the Village of Brooklyn Center, and that said acquisition is essential for the realization of the community open-space goals. Date Chairman Planning Commission ATTEST: Secretary Planning Commission The motion for the adoption of the foregoing resolution was duly seconded by member Paul Ditter and upon vote being taken thereon, the following voted in favor thereof: Robert Grosshans, Robert Jensen, Paul Ditter 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. Meeting adjourned at 12 midnight. Chairman •3_" 1 1 Member Robert Grosshans introduced the following resolution and moved its adoption: Planning Commission RESOLUTION NO. 66-4 RESOLUTION REGARDING APPLICATION FOR GRANT TO ACQUIRE OPEN SPACE LAND IN THE VILLAGE OF BROOKLYN CENTER WHEREAS, on February 17, 1966, a copy of the recommended comprehensive plan for the Village of Brooklyn Center was certified to the Village Council of said Village; and WHEREAS, Chapter 670, Section 6, Laws of Minnesota 1965 require that, following the certification of the comprehensive plan to the Village Council by the Planning Commission, the Planning Commission shall review all proposals for the acquisition of lands by the Village to insure compliance with said plan; and WHEREAS, the Village Council proposes to acquire fee title to the following listed parcels of land, and to hold and preserve said lands for open-space uses; to wit: Parcel 1. Parcel 515, Plat 89027, Hennepin County Parcel 2. Parcel 2015, Plat 89027, Hennepin County Parcel 3. Parcel 1015, Plat 89034, Hennepin County Parcel 4. Parcel 500, Plat 89035, Hennepin County Parcel 5. Parcel 1410, Plat 89026, Hennepin County Parcel 6. Lots 3 - 8, and Lots 13 - 18, (both inclusive, ) Block 1, North River Estates Addition Parcel 7. Lots 9 - 24 (inclusive), Halek's 5th Addition Parcel 8. Parcel 5600, Plat 89105, Hennepin County Parcel 9. Parcel 5500, Plat 89105, Hennepin County Parcel 10. Part of Parcel 510, Plat 89100, Hennepin County Parcel 11. Parcel 4500, Plat 89034, Hennepin County and WHEREAS, a number of the aforementioned parcels are proposed for immediate development for residential uses which would remove the possibility of their acquisition for open-space use at a reasonable cost; and WHEREAS, the Planning Commission has reviewed the proposed acquisition and has compared the same with the proposed comprehensive plan: NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the Village of Brooklyn Center that the acquisition of the lands listed above for open-space purposes is in conformance with the comprehensive plan for the Village of Brooklyn Center, and that said acquisition is essential for the realization of the community open-space goals. 1 1 1 Planning Commission Resolution No. 66-4 �J Date Chair an Plan ing Commission ATTEST: Secretary Planning Commission The motion for the adoption of the foregoing resolution was duly seconded by member Paul Ditter and upon vote being taken thereon, the following voted in favor thereof: Robert Grosshans, Robert Jensen, Paul Ditter and Helmer Engstrom, and the following voted against the same: none, whereupon 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 April 28, 1966 °he Planning Commission met in special session and was called to order by Chairman Robert Jensen at 7:35 P.M. Roll Call : Chairman Robert Jensen, Vice Chairman Robert Gross- hans, Commissioners Helmer Engstrom, Adrian Dorenfeld and Henry Bogucki were present. Mr. Ditter arrived at 8:30 P.M. The Planning Commission left the Village Hall at 7:40 P.M. to view the apartment development being built by Homedale Builders at 69th and Humboldt Avenues North and returned from this trip at 8:00 P.M. Following the above field trip, the Commission resumed discussion of Application*66jO5 which had been tabled at the April 14th meeting. The application requested a variance from the density requirements of 2700 square feet of land per dwelling unit in a multiple duelling development proposed for a 17 acre tract at the northwest quadrant of Highways 4100 and #152. E. lengthy discussion ensued regarding Application 466005, including reviewal of a letter submitted by Mr. Joseph Michels, Architect for Twin Realty Company. (Mr. hitter arrived during this discussion.) Following the discussion, the following action was taken. Motion by Dorenfeld, seconded by Bogucki, to recommend to the Village Council that Application 466005, requesting a variance from dep. *,.y requirements for multiple dwellings and approval of plans of an o^^-rtment development, be denied, for two reasons: 1) No hardship to the owner or developer has been shown; 2) The granting of such a variance would set a serious precedent for future actions. f 'on carried unanimously. in connection with the above application, the Planning Commission vinj -Inq,.;a. ted by the applicant to review the possibility of recommending in the land requirements of the Zoning Ordinance regarding ril.- iAr,le dwellings. The Planning Commission has spent a great deal a:� i? n-d effort examining the Ordinance requirements and has made the 1"A.11mviirg findings and conclusions. fl�trning Commission can see no benefit accruing to the Village bR. a rA1V.A`0n of t.' e density standards for multiple dwellings now in ef_fo^t in the Village of Brooklyn Center. The argument is often presented stating that, at least in large scale developments of multiple dwellings, a living environment can be provided equivalent to or perhaps better than what was expected to be provided by the present density requirements when such requirements were adopted. Even if this is true, and it may well be, Brooklyn Center has in the past, and will continue in the future, to attempt to provide the best possible living environment for its residents. In this regard, it must be noted that the land requirements are minimums, and if a developer designs his development to provide greater amenities with the land required, it would be a greater asset to the community. Mr. Jensen expressed concern over the Planning Commission's recommendation of approval on April 21st, regarding Application 466029 of Dayton Development Company, and urged further discussion of the question of off-site directional signs. 7 4 f `_a t� -2- Chairman Jensen relinquished the Chair to Vice-Chairman Grosshans. Motion by Jensen, seconded by Bogucki, to rescind the Planning Commission's action of April 21, 1966, which recommended approval of a 12' x 24' off-site directional sign at approximately 51st Avenue North and Highway 4100, with the stipulation that this rescinding action: does not affect the approval recommended for the other two signs stated in Application #66029. Motion carried unanimously. Motion by Jensen, seconded by Ditter, that the question of the off-site directional sign requested in Application 466029 at 51st :venue North and Highway 4100 be tabled, pending further discussion by the Commission relating to its size and off-site location. Motion carried unanimously. Chairman Jensen reassumed the Chair. Motion by Dorenfeld, seconded by Engstrom, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 11:00 P.M. Chairman 99-f 1 �a9� Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota May 5, 1966 The Planning Commission met in regular session and was called to order by Chairman Robert Jensen at 7:40 P.M. Roll Call: Chairman Robert Jensen, Commissioners Vernon Ausen, Helmer Engstrom and Henry Bogucki were present. Vice Chairman Robert Grosshans arrived at 9:00 P.M. Chairman Jensen stated that the minutes of the previous meetings would be considered later in the evening. The first application to be considered was that of Center Sales, Inc., 466028, which requested a variance to allow erection of two freestanding signs, each with a sign surface 14 feet wide by 4 feet high at 6756 Osseo Road (Tract B, R.L.S. #456). A discussion ensued between the Commission and the applicant which examined the need for a freestanding sign on the property. Also involved in the discussion was the proposed sign ordinance being considered by the Planning Commission, which would limit the property to one freestanding sign. Motion by Bogucki, seconded by Ausen, to recommend to the Village Council that if the application remained as stated presently, requesting two freestanding signs, 4 x 14 feet each, the application should be denied; but that the Planning Commission would recommend approval of one freestanding sign, not greater than 16 feet in height and not larger than 2 per cent of the first floor area of the building on the property with the supporting column or columns of the freestanding sign not materially impeding the vision between the height of 2� and 12 feet above centerline grade of the street, all in accordance with the provisions to be included in the proposed sign ordinance. Motion carried unanimously. The next application to be discussed was that of Homedale Builders, #66026. This application was an appeal from the ruling of the Building Inspector regarding his interpretation of the minimum gross floor area requirement for single family dwellings. The applicant proposes to build two story single family dwellings with approximately 888 square feet of area in each of the two stories. According to the ordinance, however, a two story building, if not two full stories above grade, shall have 1020 square feet of living area in the first story fully above grade. The homes proposed to be built by Homedale Builders would have the first story partially below grade, thus requiring that story fully above grade to have 1020 square feet instead of the proposed 888 square feet. Mr. Chazin of Homedale Builders stated that the classifications presently in effect in the building ordinances regarding square footage requirements did not take into account two story buildings that were not fully above grade and actually should take into account this architectural design just as they take into account ramblers, two story homes, split levels, and so on, and that rather than a variance or some similar action, he would prefer a new classification be set up in the ordinance for this type of dwelling. Following discussion of the appeal by the Planning Commission, the following action was taken. Motion by Ausen, seconded by Engstrom, to recommend to the Village Council that the Building Inspector be instructed to interpret "above grade" as stated in Section 3-102.6a ("A single family dwelling consisting of two full stories above grade shall have a minimum of 1,020 square feet of first floor area, at least 768 square feet of which shall be living area.") as including any two story single family dwelling, using the definition of "story" given in the Uniform Building Code, provided that the lower story is "habitable", also as defined in the U.B.C. This interpretation of the building ordinance shall apply to this application and shall be the interpretation for the Building Inspector's use for the future as well. Voting in favor of the motion were Jensen, Ausen and Engstrom; voting against: none. Not voting was Bogucki, Motion carried. 1 1 1 99 -2- Mr. Donald Mason and two representatives from Superamerica, Inc., were present to represent Application #66030 submitted by Donald Mason for a Special Use Permit to allow the operation of a service station and approval of plans for this use including a possible variance. The property involved is at 5657 Logan Avenue North. Following a discussion of the suitability of a service station operation at this location between the Planning Commission, the applicant, and notified property owners, a petition was presented objecting to the issuance of the special use permit, and those present examined the plans and model of the proposed station. (Mr. Grosshans arrived during the above discussion.) Motion by Ausen, seconded by Bogucki, to recommend to the Village Council that application 466030 be denied for the following reasons: 1) The area of the property is substantially less than that necessitated by the requirements of the Zoning Ordinance for the special use proposed. 2) This property, although zoned commercially, is immediately adjacent to a single family residential zoning district and is inappropriate for this type of use. 3) The proposed use at this location does not meet the "Standards for Special Use Permits" set out in the Zoning Ordinance. Motion carried unanimously with Mr. Grosshans abstaining. Motion by Bogucki, seconded by Grosshans, to recommend to the Village Council that Application 966031 submitted by the Minneapolis Star and Tribune to allow the use of a 12' x 16' metal building on the service station property at 6830 Osseo Road for storage and distribution of newspapers, be approved for a period of two years from the date of the expiration of the previous special use permit on April 13, 1966. Motion carried unanimously. The next application to be considered was 466032 submitted by Ronald `'liehle, which consisted of a request for a variance to allow addition of an attached garage and living area on a single family dwelling 8 feet from the south property line at 7207 Bryant Avenue North (Lot 9, Block 3. Northland Estates Addition). Motion by Engstrom, seconded by Grosshans, to recommend to the Village Council that a variance be granted to allow a sideyard setback of 8 feet from the south property line at 7207 Bryant Avenue North, based on the odd shape of the applicant's lot, provided that the appli- cant furnish to the Village Council a letter from the property owner to the south stating no objection to the variance. Motion carried unanimously. Application #66033 submitted by Northern Pump Company was the last application to be considered. It requested plan approval for an office building to be constructed on the property at 1915 - 57th Avenue North (Tract D, R.L.S. 41114). The architect for Northern Pump, Mr. Stageberg, presented the plans and a model of the proposed building and site. Motion by Grosshans, seconded by Bogucki, to recommend to the Village Council that the plans submitted by Northern Pump in Application 466033 (dated May 2, 1966) be approved as submitted. Motion carried unanimously. Motion by Grosshans, seconded by Engstrom, to approve the minutes of the regular meetings of April 14th and 21st and the special meetings of April 28th. Motion carried unanimously with Mr. Ausen abstaining. Motion by Grosshans, seconded by Bogucki, that the meeting be adjourned. Motion carried unanimously. Meeting adjourned at 10:40 P.M. Chairman 100 259 Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of _ Hennepin and State of Minnesota May 12, 1%6 The Planning Commission met in special session and was called to order by Chairman Robert Jensen at 8:20 P.M. Roll Call: Chairman Robert Jensen, Commissioners Henry Bogucki, Paul Ditter and Vernon Ausen were present. Mr. Dorenfeld arrived at 8:45 P.M. Chairman Jensen announced that application 466029 by Dayton Develop- ment Company would be considered at this time. The application, approved at the April 21, 1%6, meeting, had been under discussion at the April 28th meeting and as a result of that discussion, the original action was altered, rescinding the approval of an off-site directional sign at approximately Highway 9100 and 51st Avenue North. Mr. Jensen opened the discussion of the off-site directional sign by reading a letter submitted by Dayton Development Company. Present to represent Dayton Development Company were Mr. Oswald and Mr. Oberuc; also present was one of the merchants from the Brookdale Center. , Following a lengthy discussion between the applicant and the Commission, the following action was taken. (Mr. Dorenfeld arrived during the discussion.) Motion by Ausen, seconded by Dorenfeld, to recommend to the Village Councilthat a variance be granted to allow a directional sign at approximately 51st Avenue North and Highway #100 as shown on the plans submitted as requested in application 466029 be approved as follows: 9' by 20' sign surface as shown on the plans submitted; not higher than 17 feet above grade; illuminated from below; shall be allowed for only one year, commencing July 1, 1966; and shall be subject to the Building Inspector's approval for strength and safety. Further, that the reasons for granting a temporary off-site sign are as follows: 1) k potential traffic problem exists at Highway 4100 and the intersection of Highway 4100 and Highway 4152; 2) Brookdale Center is adding a second stage which will open in August of this year which will draw many new persons to the center who are unfamiliar with the area; 3) The approval of the temporary sign will allow time for further research and discussion with Village and Highway Department personnel regarding permanent signing of this area. Voting in favor of the motion were Jensen, Ausen, Dorenfeld, and Ditter; voting against was Bogucki. Motion carried, k lengthy discussion commenced involving the "Comprehensive Planning Program Suggested Additional Costs" which were submitted by Hodne Associates in December of 1965. The request by Hodne Associates for possible further payment beyond the contract figure of the 701 Study was broken down into five categories, two of which have already been paid by the Village. The discussion this evening centered around the three remaining categories. Motion by Ausen, seconded by Dorenfeld, that the following is the consensus of the Planning Commission and is its recommendation to the Village Council regarding payment of "Comprehensive Planning Program Suggested Additional Costs". Item 93 - Non 701 General Meeting Time for General Development Review. No payment. The contract with Hodne Associates involved a specified number of meetings, not hours, and there was time wasted by both parties in approximately equal amounts. 260 -2- Item 94 - Sign Ordinance. Payment of 50'/ of the $924.38 quoted by Mr. Hodne. The Planning Commission acknowledges that efforts in excess of that originally intended were expended, but that the Planning Commission was not made aware at that time of the extent to which Dir. Hodne had gone beyond his estimate. Item 95 - Additional Labor for Plan and Brochure Beyond Contract Time. No payment. The Planning Commission feels that the fact that work occurred after a certain date is not particularly pertinent, as it was in performance of contractual obligations, and the timing of completion of the "701" Planning Study was at least partially within his control. Motion carried unanimously. (Mr. Dorenfeld left the meeting at 10:45 P.M.) Motion by Rogucki, seconded by Ditter, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 11 :35 P.M. Chairman Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Winnesota May 19, 1966 The Planning Commission met in special session and was called to order by Chairman Robert Jensen at 8:15 P.M. Roll Call : Chairman Robert Jensen, Commissioners Helmer Engstrom, Vernon Ausen, Henry Bogucki and Paul Ditter were present. Mr. Grosshans arrived at 9:15 P.M. Mr. Jensen opened reconsideration of Application No. 66005 at the request of the applicant. The applicant requested that he be allowed to amend his original application to an application for approval of site and building plans, and a variance on density to allow 299 apartment units on 18.3 acres of land rather than the 295 allowed by the requirements of the Ordinance. As no objection was voiced by the Commission, the applicant proceeded to amend his application. As a hearing on a request for density variance had been held previously on this application, Mr. Jensen stated that the Commission could proceed to consider it. Following discussion of the application, the following action was taken. Motion by Bogucki, seconded by Ditter, to rescind the action taken on April 28, 1966, in regard to this petition and recommend to the Village Council that Application No. 66005 submitted by Twin Realty Company, which requests site and building plan approval and a variance to allow 299 single bedroom apartment units on 18.3 acres of land, be approved with the following conditions: 1) a utility/laundry room be provided in each building, and when the plans are altered to accomodate this feature, all building ordinances shall be complied with; 2) the final building plans are subject to approval by the Building Inspector for conformance with ordinances; 3) in other respects, the plans are approved as submitted. Motion carried unanimously. 01r. Grosshans arrived at this point.) The remainder of the meeting was used for a reviewal of the proposed sign ordinance. Motion by Bogucki, seconded by Ditter, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 11 :20 P.M. Chairman +. �:� ____. �...� �T� - 262 . ,.; . F 271 Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Henneninand State of Minnesota May 26, 1966 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 Robert Grosshans, Commissioners Paul Ditter and Helmer Engstrom were present. Mr. Dorenfeld arrived at 8:00 P.M. The Commission spent its time discussing miscellaneous business, but declined to enter into the scheduled discussion of the proposed sign ordinance without the benefit of comment from Mr. Bogucki and Mr. Ausen. Motion by Engstrom, seconded by Bitter, that the meeting be adjourned. Motion carried unaniamously. The meeting adjourned at 9:00 P.M. Chairman X72 277 Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota June 2, 1966 The Planning Commission met in regular session and was called to order by Vice Chairman Robert Grosshans at 7:40 P.M. Roll Call : Vice Chairman Robert Grosshans, Commissioners Adrian Dorenfeld, Helmer Engstrom and Paul Ditter were present. Mr. kusen and Mr. Bogucki arrived at 8:10 P.M. Motion by Engstrom, seconded by Dorenfeld, to approve the minutes of the regular meeting of May 5, 1966, and the special meetings of May 12, 19, and 26, 1966, as submitted. Motion carried unanimously. Application 466034 submitted by Merlin Heggestad was the first to be considered. Following the public hearing on the matter and a discussion of the character of the property involved, the following action was taken. Motion by Engstrom, seconded by Ditter, to recommend to the Village Council that Application 466034 requesting a variance from Section 35-401 to permit construction of a 16 x 22 foot garage three feet from the north property line at 1906 Brookview Drive (Lot 5, Block 6, Ryden's 2nd Addition) be approved provided that a letter stating no objection to this variance be submitted to the Village Council at its consideration of the application. Motion carried unanimously. Application #66035 submitted by Birchwood Investment Company Q. R. Craig) was next heard. The applicant requested that special use permits be granted for double bungalows on the property noel known as Lots 9 through 15, Block 2, Greenlawn Addition. Following the public hearing and discussion of the application, the following action was taken. Motion by Dorenfeld, seconded by Ditter, to recommend to the Village Council that Application #66035 for special use permits for double bungalows be denied. Voting in favor of the motion were Dorenfeld, Engstrom, Grosshans, and Ditter. kbstaining were Bogucki and Ausen, who had arrived during the discussion of the application. Motion carried. Donald C. Stark next presented his application, 466036, for a special use permit to allow construction of a tiro family dwelling on the property at 500 - 62nd Avenue North (Parcel 5800, Section 36). Following discussion of the application during the public hearing, and a reading of two letters submitted by Mr. Cison of 6218 Camden !venue North as requested by Mr. Cison, the following action was taken. Motion by Bogucki, seconded by Engstrom, to recommend to the Village Council that approval be granted and a special use permit issued to Mr. Stark as requested in Application #66036 with the requirement that an opaque fence not more than six feet high be installed along the west property line of the property beginning 15 feet from the 62nd Avenue North right-of-way and extending to the north property line. Further, that the Commission recognizes that this property is different from the property lying to its west, with the primary difference being the freeway immediately adjacent to the property on the east. Motion carried unanimously. A presentation by DEMAC, Inc., of plans for a motel-service station- multiple dwelling complex on property bounded generally by 66th, Camden, 67th, and Lyndale Avenues North, was heard and discussed in reference to E.pplications #66019 and 466037, with comments solicited from persons notified of the hearing. Motion by Dorenfeld, seconded by Bogucki, to close the public hearing on Applications #66019 and 466037 by DEMAC, Inc., and take them under advisement, to be discussed at the next study session of the Commission. Motion carried unanimously. 278 -2- The next application to be considered was #66034 submitted by Donald C. Stark for a special use permit to allow construction of a duplex dwelling on the property at 5544 Camden Avenue North, and a variance from Section 15-104 to allow a division of the land on which it would be built without a plat. Glotion by Bogucki, seconded by Ditter, to recommend to the Village Council that application 466043 be denied for the reason that the area is predominantly single family in character and approval of a special use for a duplex dwelling would lead to an extension of duplexes to the east of this property, and further, the character of this area should remain single family residential. Voting in favor of the motion were Dorenfeld, Engstrom, Grosshans, Bogucki, and Ditter. Not voting was Mr. Ausen. hb tion carried. Mr. Ausen offered the following dissenting opinion as to his not voting in the above motion. He stated that the Commission is inconsistent and that it is using the reasons which the Village Council has used on a previous application for a duplex dwelling in another area, and that the reason stated in the motion above should have no bearing on the issuance of a special use permit. The property meets the requirements for duplexes as set out in the Zoning Ordinance, and the Standards for Special Use Permits should have been applied to this application in its consideration. Application #66038 by Shell Oil Company regarding a special use permit and rezoning of property at 6545 Lyndale Avenue North (Lot 18, Auditor's Subdivision 4310) was considered and the public hearing held regarding it. Motion by Ditter, seconded by Bogucki, to close the public hearing and take Application #66038 by Shell Oil Company under advisement at the request of the applicant in order to consider this application at the same study meeting as the DEMAC application deferred earlier. Motion carried unanimously. Application #66039 by Shell Oil Company regarding a special use permit for the B3 property at the S. 17. corner of 69th and Humboldt Avenues North was considered by the Commission, and its public hearing held. Motion by Bogucki, seconded by Ditter, to close the public hearing and take application #66039 under advisement at the request of the appli- cant in order to consider this application at the same time as 966038 above is considered. Motion carried unanimously. Application #66040 submitted by Duane Vettling for a variance to allow construction of a 24 x 32 foot garage/patio at 7013 Drew Avenue North (Lot 8, Block 2, Palmer Lake Terrace Addition) was next considered. Motion by Bogucki, seconded by Dorenfeld, to recommend to the Village Council that approval be granted to Application #66040 to allow a 24 x 32 foot garage/patio to be constructed and further recommend that the Village Council consider the incorporation of these buildings in the new Zoning Ordinance as special uses. The application of American Oil Company, Application #66041, was next considered. It requested a special use permit for the erection and operation of an automobile service station including site and building plan approval at 6900 Humboldt Avenue North. Motion by Bogucki, seconded by Dorenfeld, to recommend to the Village Council that approval be granted to application #66041 and a special use permit be issued with the following conditions: 1) that an opaque brick fence of appropriate height be substituted for the redwood fence showon on the plans submitted; 2) that no sign approval is being considered at this time; `�'! F� -3- 3) that driveways be forty feet from the intersection of the curb lines of the future 69th and Humboldt i.venues North; 4) that the building plans are subject to the approval of the Building Inspector. Motion carried unanimously. application #66042 submitted by Dr. Irving Herman was next considered. It requested a special use permit to allow construction of a multiple dwelling in an Rl zone and a variance from the density requirements of the Zoning Ordinance to allow 22 multiple dwelling units in total on the property rather than the 18 which would otherwise be permitted by the area of the property in question. The property is at 6743 Humboldt .venue North (Parcel 4011, Section 35). Notion by r7orenfeld, seconded by Ditter, to recommend to the Village Council that the variance requested in Application #66042 be denied as no hardship has been exhibited by the applicant, but that the special use permit requested for a multiple dwelling in an Ill zone be permitted for the number of units which can be accommodated by the area of the property in accordance with Zoning requirements and that the development comply with Ordinance requirements in other respects, including the requirement of two paved parking spaces per dwelling unit for the total number of units finally existing on the property. Motion carried. (Mr. Dorenfeld left the meeting at this point.) Application #66048 submitted by Chrysler Motors Corporation was next considered. The application requested approval of building plans subject to final detailed plan approval by the Building Inspector, sign approval in accordance with the drawings and specifications submitted, and site plan and landscape plan approval; all for the property at approximately 62nd Avenue North and State Trunk Highway 9152. The application requested that the consideration of the sign approval be withdrawn at this time, and stated that they would submit a request for signing at some later date. Motion by Ausen, seconded by Engstrom, to recommend to the Village Council that the site plans be approved as submitted subject to the following: 1) conformance with agreement submitted by Chrysler prior to this application regarding the development of this property; 2) no signs are involved ita the approval of the site plans; 3) parking areas shall be designated on the site plans prior to the Council approval in accordance with ordinance requirements regarding parking. Motion carried unanimously. Motion by Ausen, seconded by Engstrom, to recommend to the Village Council that the working building drawings as submitted be approved, with approval of final building plans subject to the approval of the Building Inspector. Motion carried unanimously. Motion by ausen, seconded by Engstrom, to recommend to the Village Council that approval to the landscaping plans as submitted subject to submission of a performance agreement and a bond relative to them, the amount of such bond to be determined by the Village Engineer, be granted. Motion carried unanimously. The final item to be considered was Application #66049 submitted by Dayton Development Company requesting approval of an alteration in plans to the Stage II development of Brookdaie Center and a variance 1 1 1 -4- regarding parking requirements on the proposed Stage III of the Brookdale development. Motion by Bogucki, seconded by Ditter, to recommend to the Village Council that the requirement of written notice be waived regarding the request for variance due to the fact that the only persons notified would be Dayton Development Company, and approve a variance regarding Stage III of the Brookdale Development from Section 35-704 to permit a parking to lease ratio of S car spaces for each 1,000 square feet of floor area exceeding 300,000 square feet. Motion carried unanimously. Motion by Bogucki, seconded by Engstrom, to recommend to the Village Council that approval be granted to the alteration in the structural plans of Stage II of the Brookdale Development as submitted. Motion carried unanimously. Motion by Ritter, seconded by Ausen, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 1:19 A.M. Chairman 1 28 2 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 9, 1966 The Planning Commission met in special session and was called to order by Vice Chairman Robert Grosshans at 7:40 P.M. Roll Call: Vice Chairman Robert Grosshans, Commissioners Adrian Dorenfeld, Helmer Engstrom, Henry Bogucki and Paul Ditter were present. The first application to be considered was Application No. 66044 submitted by Range Enterprises, for rezoning of the north 140 feet of Lot 1, Block 2, Ewing Lane Addition (the southwest corner of 63rd Avenue North and Ewing Lane). Following discussion of the application between the Commission and the applicant and the soliciting of comments from those notified of the hearing, the following action was taken: Motion by Dorenfeld, seconded by Engstrom, to recommend to the Village Council that Application #66044 for rezoning from Rl to B1 of the north 140 feet of Lot 1, Block 2, FAIng Lane P:ddition, be denied in that: 1) the rezoning would not be compatible with the proposals contained in the Comprehensive Plan developed during the "701" Study recently completed by the Commission, which recommends multiple dwelling use of this property; 2) a commercial use at this location would not be in accord with sound planning principles, which would demand a non- commercial "buffer zone" between the existing residential properties to the west and north and the existing retail commercial properties to the east of Ewing Lane. 3) the use and zoning proposed would not be in accord with commitments made to the residents of the area during previous rezonings of adjacent properties. Pftotion carried unanimously. The second application to be considered was No. 66045 submitted by John A. Greenly of 5255 East Twin Lake Boulevard. The application requested a variance from Section 15-104 to allow subdivision without a plat and approval of the subdivision as proposed on the survey sub- mitted, including approval of lots substandard in size. Following discussion of the application by the Commission, the applicant, and persons notified of the hearing, the applicant requested that the application be tabled so that he might further study his proposed land division and submit a revised application. Motion by Bogucki, seconded by Dorenfeld, to close the public hearing and table action on Application #66045 at the applicant's request so that he might consider a revision of his application. Motion carried unanimously. Application No. 66046 by Center Sales was next heard. The application requested a variance from Section 35-701 to allow paving of and parking on the property within 15 feet of the highway right-of-way at 6756 Osseo Road (Tract B, R. L. S. #456). Following the public hearing on the matter, the following action was taken. Motion by Ditter, seconded by Bogucki, to recommend to the Village Council that Application 966046 be denied on the ground that no actual hardship has been shown which would ::arrant a variance. Motion carried unanimously. 294 -2- The next application heard was No. 66047 submitted by St. Alphonsus Catholic Church. The application requested a variance to allow side yard setbacks between the lots at 7024 and 7030 Halifax Avenue North (Lots 23 and 24, Block 1, Bobendrier's 4th Addition) to be zero feet for a period not to exceed 10 years, thereafter becoming conforming structures as far as side yard setbacks are concerned. The reason for this request was to allow the use of structures on the two lots as a convent for the period stated with a walIway connecting them. The two structures would revert to single family dwellings when the church vacated the property. Following the public hearing in which comments from the persons notified, the commission and the applicant were made and discussed, the following action was taken: Motion by Dorenfeld, seconded by Ditter, to recommend to the Village Council that application V66047 be approved as requested due to the fact that a hardship would exist in that the church would be required to combine and re-subdivide these two lots with no purpose being served for the community by strict adherence to Chapter 35 of the Village Ordinances. Motion carried unanimously. Two applications which had been heard at public hearings on June 2, 1966, and which had been taken under advisement following closing of their hearings were next considered. These applications were #66037 submitted by DEMIX, INC., and V66038 submitted by Shell Oil Company. Mr. Poss, Director of Public 1,torks, discussed the circumstances surrounding the development of 66th and Lyndale area, following which discussion took place between the Commission and the applicants. Motion by Dorenfeld, seconded by Bogucki, to declare the intent of the Planning Commission regarding Application 466037 to be as follows: 1) that Lot 1 on the drawing approved by the Planning Commission June 9, 1966, be rezoned to B3 and a special use for a service station on that property be granted; 2) that Lot 2 on the drawing approved June 9, 1966, by the Planning Commission be rezoned to B3 and a special use granted for a motel on that property; 3) that Lot 3 on the drawing approved June 9, 1966, by the Planning Commission be rezoned to R3; all of the above to be accomplished after submission of a preliminary plat of the property in accordance with the above stated drawing, including delineation of the proposed 66th Avenue North. Motion carried unanimously. Motion by Engstrom, seconded by Dorenfeld, to declare the intent of the Planning Commission regarding Application 466038 to be as follows: 1) that Lot 18, auditor's Subdivision 4310, be rezoned to B3; 2) that a special use permit be issued for the portion of said Lot 18 abutting T.H. 4169 to allow its use as a service station site; both of the above to occur after submission of a preliminary plat of the property setting out the service station site from the rest of the property, and denoting the location of the proposed 66th Avenue North as shown on the survey submitted by Shell Oil Company and on file in the Village Offices as received June 10th. Notion carried unanimously. 286 1 -3- Application #66039 was next heard. The application had been considered and its public hearing held by the Planning Commission on June 2, 1966. The Planning Commission closed the public hearing at that time and took the application under advisement at the request of the applicant. Motion by Bogucki, seconded by Dorenfeld, to table application #66039 in order to allow the Village staff time to review the plans which have been submitted this evening in order to review their adequacy and make recommendations to the Commission. Such q)plication to be heard by the Planning Commission on June 30, 1966. Motion carried unanimously. Cormissioner Adrian' Dorenfeld intioduced the following Resolution and moved its adoption: PLANNING COMMISSION RESOLUTION 66-5 RESOLUTION REGARDING A. J. LEE, VILLAGE ADMINISTRATOR WHEREAS, A. J. Lee has served as Engineer for the Village of Brooklyn Center from May 16, 1955, to July 1, 1956, at which time he advanced to the position of Village Administrator; and WHEREAS, Mr. Lee is resigning the post of Village Administrator effective June 24, 1966; and WHEREAS, the Planning Commission has experienced a most enjoyable relationship with Mr. Lee during his employ with the Village, due to many factors, not the least of which are his: Pleasing personality and sense of diplomacy which has enabled him to mediate between various concepts and points of view; Sincere interest in, and appreciation of the value of planning matters; Vast knowledge of Village matters and history; Unstinting loyalty to the Village and his willingness to expend great amounts of his energy and time in service to it. N011, THEREFORE, BE IT HEREBY RESOLVED that the Planning Commission expresses its appreciation and friendship for Mr. Lee and wishes him great success in his new position. The Resolution was duly seconded by Commissioner Henry Bogucki and upon a vote being taken, the following voted in favor thereof: Dorenfeld, Engstrom, Grosshans, Bogucki and Ditter; and the following voted against: none, whereupon said Resolution was declared duly passed and adopted. Motion by Bogucki, seconded by Ditter, that the regular Planning Commission meeting for the month of July be held July 14th rather than July 7th. Motion carried unanimously. Motion by Dorenfeld, seconded by Engstrom, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 11 :00 P.M. Chairman �8� 1 E8� Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota June 30, 1966 The Planning Commission met in special session and was called to order by Chairman Robert Jensen at 7:45 P.M. Roll Call: Chairman Robert Jensen, Vice Chairman Robert Grosshans, Commissioners Henry Bogucki and Paul Ditter were present. Mr. Ausen arrived at 8:00 P.M. The first item to be considered was Application No. 66037 submitted by DEMAC, Inc. The application requested rezoning to B3 and R3; special use permits for a service station and a motel on the B3 zoned property; and approval of a preliminary plat dividing these properties into sites for the service station, motel, and townhouse area. The property involved is bounded roughly by 66th, Camden, 67th, and Lyndale Avenues North. Mr. Jensen noted that the Planning Commission had, on June 9, 1966, made a statement of intent regarding this application. This statement of intent had given approval in principle to the rezoning and special uses requested provided that the property be platted in accordance with the zoning scheme proposed, and that the final approval of each of the special use permits was contingent upon submission of finalized plans of the service station or the motel. The statement of intent was ratified by the Village Council on June 16, 1966. Following discussion of the proposal, the following action was taken. Motion by Grosshans, seconded by Ditter, to recommend to the Village Council that: 1) the preliminary plat of "DEMAC Addition" be approved as submitted; 2) Lots 2 and 3, Block 1, DEMAC Addition, be zoned B3 and Lot 1, Block 1, DEMAC Addition, be zoned R3 following recording of the final plat of DEMAC Addition; 3) that the actual issuance of special use permits for the service station and/or motel shall be subject to submission of final plans to the Commission and Council. Voting in favor of the motion were Jensen, Grosshans, Bogucki, and Ditter. Not voting was Mr. Ausen, who had arrived during the discussion. Motion carried. The next application to be considered was No. 66050 submitted by Homedale Builders, Inc., requesting approval of preliminary plans of a multiple dwelling development and a variance on the number of dwelling units to be permitted on the property In question (the property being a part of Tract 8, R.L.S. #1142). A pra"*tation of the appil.eant's plans ixaU4iag the description of the variance reepssst.ed was coot+ meW by Mr. Stanley Fishman, Arahttset for 4k wedala UJIAM. Following the presentation by Der. Fishman, quaatloaa were ss&ed of the developer by the Commission and persons notifed of the hearing. Motion by Bogucki, seconded by Ausen, to close the public 4►earing on Application No. 66050 and table the application to allow the Commission sufficient time to study the issues presented by the application. Motion carried unanimously. 64 295 -2- The next application to be heard was Application No. 66058 submitted by Dayton Development Company. The application requested approval of the plans of Brookdale Stage III, consisting of Donaldson's Department Store. Following a discussion of the plans by representatives of Dayton's, Donaldson's and the Commission, the following action was taken. Motion by Bogucki, seconded by Grosshans, to recommend to the Village Council that the plans for Brookdale Stage III for Donaldson's Department Store be approved, subject to the approval of the Building Inspector. Motion carried unanimously. Mr. Jensen announced consideration of Application No. 66038 by the Shell Oil Company. He noted that the Planning Commission had, at its June 9, 1966, meeting, issued a statement of intent as it had with DEMAC, Inc. on that same evening, regarding approval in principle of the rezoning to B3 requested, and the issuance of a special use permit for a service station contingent upon the platting of the property into appropriate parcels and submission of finalized plans of the service station. This state- ment of intent was ratified by the Village Council at its June 16, 1966, meeting. Following further discussion of the application, the following action was taken. Motion by Ditter, seconded by Grosshans, to recommend to the Village Council that: 1) the preliminary plat of "Shell 's Brooklyn Center Addition" be approved as submitted; 2) Lots 1 and 2, Block 1, Shell's Brooklyn Center Addition, be rezoned to B3 upon recording of the final plat. 3) the site and building plans for the service station be approved as submitted and a special use permit be issued for the service station site as delineated on Lot 1 of Block 1, which site does not utilize all of Lot 1, and that this special use permit be effective from the date of recording of the plat, but that no sign approval has been considered in approval of plans. Motion carried unanimously. The last application to be considered was Application No. 66039 submitted by Shell Oil Company. The application requested a special use permit for construction and operation of a service station on the property at 1505 - 69th Avenue North (Lot 1, Block 1, Hellstad Addition). Following discussion of the application and reviewal of the plans submitted, the following action was taken. Motion by Ausen, seconded by Ditter, to recommend to the Village Council that the plans submitted be approved, and a special use permit be granted for a service station on Lot 1, Block 1, Hellstad Addition, with the following conditions: 1) That a 6 foot fence be installed along the west and south property lines, but that the fence not extend closer to the Humboldt Avenue right-of-way then 30 feet. 2) No signs are being approved at this time. Motion carried unanimously. The remainder of the meeting was spent in discussion of the 701 Planning Program and its effectuation. Motion by Bogucki, seconded by Grosshans, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 11:15 P.M. Chairman 296 1 163 MEMO TO: Planning Commission Minutes FROM: Planning Commission Secretary DATE: July 14, 1966 Members of the Planning Commission met at the Village Hall at 7:30 P.M. for the Commission's Regular Meeting for the month of July. Those present were: Planning Commission - Chairman Robert Jensen, and Commissioners Paul Ditter and Adrian Dorenfeld Audience - Approximately 30 persons, either applicants or interested spectators Staff - Richard Cihoski, Secretary As those members present did not constitute a quorum, the Chairman announced that the Commission would hold a special meeting on the following Tuesday, July 19th, to act on the applications on the July 14th agenda. The meeting adjourned at 8:30 P.M. 164 1 225 Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and 5tpte of Minnesota July 19, 1966 The Planning Commission met in regular session and was called to order by Chairman Robert Jensen at 7:35 P.M. This meeting had originally been scheduled for July 14, 1966, but due to a lack of a quorum on that date, no official business was possible. Roll Call : Chairman Robert Jensen, Vice Chairman Robert Grosshans, Commissioners Paul Ditter, Adrian Dorenfeld and Henry Bogucki were present. Commissioner Vernon Ausen arrived at 8:45 P.M. Notion by Grosshans, seconded by Ditter, to approve the minutes of the regular meeting of June 2, 1966, and the special meetings of June 9th and 30th, 1966, as submitted. Motion carried unanimously. The first application to be considered was #66005 (revised) sub- mitted by Twin Realty Investment Company. The application requested approval of site and building plans for a multiple dwelling development including a slight variance on density of 2.5 units, and rezoning of two parcels (parcels 424 and 442, Plat 89010) within the area proposed to be developed as an apartment site. The property involved is that lying in the N.11. quadrant of the intersection of Highways 9100 and 4152. The present application proposes 310 dwelling units on 19.06 acres of land. Following discussion of the application among the Commission, the applicant, and interested spectators, the following actions were taken. Motion by Bogucki, seconded by Ditter, to close the public hearing on Application #66005. Motion carried unanimously. Motion by Grosshans, seconded by Ditter, to recommend to the Village Council that Application #66005 (revised) be approved as follows: 1) that the necessary variance of 2.5 units be granted to allow 310 units on the 19.06 acres available, but that the several parcels of land involved be combined into a single parcel as a contingency of this variance so that land area may not be reduced in the future; 2) that parcels 424 and 442, plat 89010, be rezoned from RI to R5; 3) that the plans be approved as submitted, including the following: a) a utility/laundry room shall be provided in each building; b) the final building plans are subject to the approval of the Building Inspector for conformance with ordinances; c) that a performance agreement and performance bond covering the site improvements as shown on the plans submitted be submitted by the applicants to the Village, the sum of the performance bond to be determined by the Village Engineer. Voting in favor of the motion were Jensen, Grosshans, Ditter, and Bogucki. Voting against was Dorenfeld. Motion carried. ''yy.. .t 8 C t6/'�\ -2- The second application to be considered was #66052 submitted by Mrs. Gerald Stano. The application requested a special use permit to allow the operation of a beauty shop in the basement of the home at 6000 Girard Avenue North (Lot 13, Edwin E. Nelson's 2nd Addition). Following the public hearing on the matter, the following action was taken. Motion by Bogucki, seconded by Dorenfeld, to recommend to the Village Council that application 466052 submitted by Mrs. Gerald Stano be approved, and a special use permit issued to allow operation of a beauty shop in the basement of the home at 6000 Girard Avenue North provided that: 1) the applicant meets building code requirements; 2) the special use is permitted only as long as the applicant is the occupant of the subject house; 3) the driveway shall be capable of accommodating two customers' cars; 4) the permit shall be reviewed three years from the date of Council approval to determine whether it shall be allowed to continue in effect. Voting in favor of the motion were Jensen, Dorenfeld, Bogucki, Ditter and Grosshans. Not voting was Mr. Ausen who had arrived at the meeting during the discussion of this application. Motion carried. Chairman Jensen announced at this time that he had been contacted by Mr. and Mrs. Michael Tisch, the applicants in Application #66055, following the failure of the Commission to achieve a quorum at the originally scheduled July 14th meeting date. Mr. and Mrs. Tisch asked that their application be tabled until they would be able to be present at the meeting, as they are presently on vacation and not in the area. There being no objection to this by any member of the Commission, the Chair laid the application aside. Application 966056 was next considered. Submitted by Lecon Properties, it requested rezoning from RI to B3 of Lots 1 through 4, Block 3, Sunrise Manor Addition; Lots 7 through 10, Block 2, Sunrise Manor Addition; Tract B, R.L.S. 9370; and that portion of Tract A, R.L.S. #595 lying west of the west line of Grimes Avenue North extended. Following the public hearing on the matter and discussion among the Commission, applicant, and interested spectators, the following actions were taken. Motion by Dorenfeld, seconded by Ditter, to close the public hearing on Application #66056. Motion carried unanimously. Motion by Dorenfeld, seconded by Bogucki, to recommend to the Village Council that application #66056 be denied as presently submitted, but that the Planning Commission would recommend rezoning in accordance with the Planning Commission's previous recommendation to the Council in conjunction with the Comprehensive Rezoning of the Village which would rezone to B3 or C3 (whichever is in effect at the time of the rezoning) those properties lying west of the rear lot line of the lots in Block 2 of Sunrise Manor Addition, which block lies between Grimes and Halifax Avenues North, north of F.A.I. No. 94, and south of a line 265.67 feet south of 69th Avenue North. Motion carried unanimously. 1 -3- Application 466057 submitted by Macey Sign Company was next considered. The application requested a variance to alter the existing pylon sign at the Lynn Brook Shopping Center at 6215 Osseo Road (Lot 1, Block 1, Ewing Lane Addition). Following the holding of the public hearing and discussion between the applicant and the Commission, the following action was taken. Motion by Grosshans, seconded by Dorenfeld, to close the public hearing and table Application #66057 to allow the Commission an opportunity to study the application at its July 28th study meeting. Motion carried unanimously. Application #66059 submitted by Dayton Development Company was next heard. The application requested a variance from Section 35-340 to allow erection of three freestanding identification signs in accordance with the drawings submitted, on the periphery of Brookdale Center abutting Highway 4100, County Road 910 and Xerxes Avenue North. Motion by Dorenfeld, seconded by Grosshans, to recommend to the Village Council that Application #66059 be approved and a variance granted to allow three freestanding identification signs at the locations noted on the plans submitted, provided that such signs shall meet the following criteria: a) not exceeding 16 feet above grade; b) not exceeding 126 square feet in area on each of the sign surfaces and further provided that these signs be identification signs rather than advertising signs in that the sign shall not offer a specific product, advertise a specific store, or advertise any activity or service not provided on the premises on which the sign is located; c) the sign shall be non-flashing. and provided further, that the directional sign approved in conjunction with Application #66029 on May 23, 1966, for the Shingle Creek and Highway 9100 location shall be rescinded by the approval of these three signs. Motion carried unanimously. Application 966054 was next to be considered. The application, submitted by Dayton Development Company, requested site and building plan approval of a Bonanza Sirloin Pit Restaurant at the S.E. corner of the intersection of Highway #152 and 56th Avenue North. Motion by Bogucki, seconded by Ausen, to recommend to the Village Council that the plans for the Bonanza Sirloin Pit Restaurant be approved as submitted with the following qualifications: 1) no freestanding sign has been considered in this application; 2) the lease lines laid out on the site plans shall become the property lines of the legally described parcel on which the Bonanza Restaurant shall be built as soon as is practicable. Motion carried unanimously. Application 966060 was next considered. The application requested approval of site and building plans for a Goodyear Tire and Accessory Store and Installation Center at the N.P1. corner of the intersection of 55th and Xerxes Avenues North. Also requested was a variance on the number of parking spaces required for the use from a required 62 spaces to a proposed 31 spaces shown on the site plans. 224 1 �)O . !Y -4- Motion by Dorenfeld, seconded by Bogucki, to recommend to the Village Council that the application as presently submitted be denied for the reason that there has been no substantiation that a hardship exists which would warrant this variance, and therefore, approval of this variance would constitute a serious precedent for present and future requests of this type. Motion carried unanimously. Application #66019 submitted by DEMAC, Inc., was next heard. The application requested approval of the plans of a service station to be located at 6601 Lyndale Avenue North (future Lot 3, Block 1, DEMAC Addition). Motion by Bogucki, seconded by Ditter, to recommend to the Village Council that the plans for the service station at 6601 Lyndale Avenue North be approved as submitted, but that a performance bond and performance agreement be arranged to provide the landscaping shown on the plans, the value of such performance bond to be set by the Village Engineer. Voting in favor of the motion were Jensen, Bogucki, Ditter, and Grosshans. Mr. Dorenfeld had left the meeting during the discussion of this application. Motion carried. Application 466053 submitted by Village Builders was next to be considered. The applicant was not present, but had requested pre- viously that the Commission take action in his absence. The appli- cation requested approval of a preliminary plat of Outlot 1, North- land Estates Addition and part of Lot 37, Auditor's Subdivision 4309 (approximately 831 - 73rd Avenue North between 73rd Avenue and Uoodbine Lane). Motion by Grosshans, seconded by Ditter, to recommend to the Village Council that Application #66053 be denied as presently sub- mitted, but that the Planning Commission would recommend approval of a subdivision of Outlot 1 and part of Lot 37 into four residential lots, two facing on 73rd Avenue North and two facing onto Uoodbine Lane. Motion carried unanimously. Application #66051 was the last to be considered. Submitted by Thomas 11ilder, it requested a variance to allow an 8 foot side yard setback rather than the required 10 feet at 6724 Camden Avenue North (lot 6, Block 2, Hoffman Addition). Motion by Ditter, seconded by Grosshans, to recommend to the Village Council that it be found that an unintentional error was made by the builders in the placement of this dwelling and that it would be unreasonable at this point to require that the building be removed. Further, that a hardship does exist, cr.` t.iat a variance np)ears to be in order to ac%no: ledge and allow the building to reriaia 8 feet Troia he north property line at 6724 Cerdo n ivonue Horth. ti:iation carried unanimously. Motion by Ausen, seconded by Ditter, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 12:50 A.M. Chairman 300 f 4J ! Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota July 28, 1966 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 Robert Grosshans, Commissioners Adrian Dorenfeld, Vernon Ausen and Henry Bogucki were present. The primary purpose of this meeting was to discuss the proposed sign ordinance. Two items of regular business, however, were on the agenda for the evening. Application No. 66055, submitted by Mr. and Mrs. Michael Tisch, requested approval of the preliminary plat of "Tisch's Addition", involving the property at 1708 - 69th Avenue North (Parcel 5600, Plat 89026). Following discussion of the application between the Commission and the applicant, the following action was taken. Motion by Bogucki, seconded by Dorenfeld, to recommend to the Village Council that Application No. 66055 requesting approval of the preliminary plat of "Tisch's Addition" be approved. Motion carried unanimously. A lengthy discussion of Application No. 66050 by Homedale Builders ensued. The application requested approval of preliminary plans and granting of a variance on density for a proposed apartment development south of Hipp's 4th and 5th Addition, and between Xerxes Avenue and Shingle Creek (Tract B, R.L.S. #1186). No formal action was taken on the application. The following action was taken subsequent to the discussion of the proposed sign ordinance. Motion by Ausen, seconded by Dorenfeld, to set the date of a Public Hear-ing before the Planning Commission on the sign ordinance for September 22, 1966, and instruct the Staff to inform business and civic interests of this hearing. Motion carried unanimously. Motion by Dorenfeld, seconded by Bogucki, that the meeting be adjourned. Motion carried unanimously. Meeting adjourned at 11 :00 P.M. Chairman 228 1 1 1 247 Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota August 4, 1966 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 Robert Grosshans, Commissioners Helmer Engstrom and Vernon Ausen were present. Also present was James Johnston, Village Attorney. The first Application to be considered was No. 66061 submitted by Mehl Banta. The application requested a special use permit for a drive in establishment (car wash) including the sales of automotive fuel, and approval of plans for the car wash, for the property at the N.E. corner of the intersection of Highway #152 and 55th Avenue North. Following discussion of the application and comments from those in attendance, the following action was taken. Motion by Grosshans, seconded by Engstrom, to recommend to the Village Council that; 1) special use permission be granted for a car wash operation which would include sale of automotive fuels; and 2) site and building plans for the car wash be approved as submitted. Both approvals for the property at the N.E. corner of the intersection of Highway # 152 and 55th Avenue North. Motion carried unanimously. The second Application to be considered was No. 66062 submitted by Mr. and Mrs. George Gerber. The application requested a special use permit to allow a duplex dwelling use of a single family home at 6400 Willow Lane (Parcel 1210, Plat 89036) . Mr. Jensen read several letters contained in the file on this application from Mr. Gerber explaining his reasons for wishing to use this home as a duplex. Mr. Gerber further explained in his letter that he would be unable to attend the meeting due to the fact that he is presently living in Hines, Minnesota. The most recent of the letters from Mr. Gerber dated July 31, 1966, explained that he might have the house sold, but that he would not know for sure until the 9th of August. He further stated that if the house was sold he would have no interest in acquiring a special use permission for a duplex use. Following a comment from one of the persons notified of the hearing to the effect that the property had already been sold, the following action was taken. Motion by Engstrom, seconded by Grosshans, to table Application No. 66062 to enable the Planning Commission to determine whether the applicant still has an interest in pursuing the requested special use permit for a duplex use at 6400 Willow Lane. Motion carried unanimously. 248 1 1 •1 -2- The third Application to be considered was No. 66063 submitted by W. J. Hawkes requesting a variance from Section 35-402 to permit a garage to be three feet from his property' s south aide lot line instead of the required five feet to permit an addition to the applicant' s home to within eight feet of said garage. The Commission noted that the present appli- cation was before it due to the fact that the ordinance states "A garage must be set back at least five feet from the rear or side lot line, except that a garage may be set back three feet from the side lot line if the garage is located 20 feet or more to the rear of the house."; the garage in question in this application already exists three feet from the side pro- perty line and 20 feet to the rear of the house, and the need for the variance arises from the fact that the owner of the house wishes to build an addition to the rear of the house bringing the distance between the garage and the house to 8 feet. Motion by Ausen, seconded by Engstrom, to recommend to the Village Council that a variance be granted from Section 35-402 to permit a garage to be three feet from the south property line at 5907 Washburn Avenue North (Lot 8, Block 4, Hipp' s 4th Addition) instead of the five feet required when the distance between the garage and the house on the property is less then 20 feet. The Commission, after applying the Standards for Variance set out in Village Ordinances, finds that a particular hardship would result to the owner in requiring him to move his existing garage two feet to adhere to the strict letter of the zoning regulations. Motion carried unanimously. The next Application to be considered was No. 66064 submitted by Inter City Builders for Richard Wickman, owner of the property. The application requested a variance from Section 35-310 to allow the addition of a 22' by 24' detached garage to the present 14' by 22' detached garage, the area of which (836 square feet) exceeds the 660 square foot maximum allowed by the ordinance. The property involved in the application is 7216 Fremont Avenue North (Auditor' s Subdivision No. 309, Parcel 5002) . Following a lengthy discussion of the application among the Commission, the applicant, and interested spectators notified of the hearing, the applicant, Mr. Wickman, requested that he be allowed to withdraw the application for a variance. As there was no objection by any member of thecommission, the Chair noted that the application had been withdrawn and laid it aside. Commissioner Bogucki arrived at 8:45 P.M. The next application to be considered was No. 66030 (amended) submitted by Donald Mason and Superamerica Stations, Inc. , for the property at 5657 Logan Avenue North (Parcel 4551, Auditor's Subdivision No. 218) . The application requested special use permission to construct and operate a service station in accordance with Section 35-320; special use permission to allow retail sales at a service station in accordance with the requirements of Section 35-413; and variances from Section 35-413 and 35-704 relating, respectively, to the size of the site required for the service station site, and a variance on the number of required parking spaces for the proposed retail/ service station use. -3- Mr. Mason introduced Mr. Brill as his and Superamerica' s attorney who would proceed with the presentation of the appli- cation, and Mr. Hamren of Superamerica Stations, Inc. , who would answer any questions from the Commission regarding the service station use proposed in the application. Chairman Jensen announced that a full hearing of the entire application would be made to ensure that no points which should be included in the consideration of the application would be omitted. (A short recess was held at this point.) A lengthy discussion during the public hearing on the matters ensued, during which the Commission, applicants and interested spectators who had been notified of the hearing took part. Following the public hearing, the following actions were taken relating to Application No. 66030 (amended) . Motion by Bogucki, seconded by Grosshans, to close the public hearing on Application No. 66030 as amended. Motion carried unanimously. Motion by Ausen, seconded by Grosshans, that the Planning Commission finds that the granting of special use permission for a service station at 5657 Logan Avenue North as requested in Application No. 66030 as amended, 1) would be detrimental to or endanger the public health, safety, morals, comfort, or general welfare; 2) would be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted and would substantially diminish and impair property values within the neighborhood; 3) would not impede the normal and orderly development and improvement of surrounding commercial property for uses permitted in the B1 district; and further finds 4) that adequate utilities, access roads, drainage and necessary facilities have been provided; 5) that adequate measures have not been taken to provide ingress and egress so designed as to minimize traffic congestion in the abutting residential street; 6) that the special use does not, in many other respects, conform to the applicable regulations of the district in which it is located. And, as a result of these findings, recommends to the Village Council that the request for special use permission to construct and operate a service station operation at 5657 Logan Avenue North be denied. Motion carried unanimously. Motion by Ausen, seconded by Engstrom, that while no service station special use permission has been granted for the subject property at 5657 Logan Avenue North; the Commission finds, however, that if such a special use were to be granted, the Planning Commission would find that the granting of 186 1 .1.8 7 -4- special use permission for retail sales of the type proposed in conjunction with the service station on that property: 1) would be detrimental to or endanger the public health, safety, morals, comfort or general welfare; 2) would be injurious to the use and enjoyment of other property in the immediate vicinity for the pur- poses already permitted and would substantially diminish and impair property values within the neighborhood, 3) would not impede the normal and orderly development and improvement of surrounding commercial property for uses permitted in the B1 district; and further finds: 4) that adequate utilities, access roads, drainage and necessary facilities have been provided; 5) that adequate measures have not been taken to provide ingress and egress so designed as to minimize traffic congestion in the abutting residential street; 6) that the special use does not, in many other respects, conform to the applicable regulations of the district in which it is located. And, as a result of these findings, recommends to the Village Council that the request for special use permission to allow retail sales at a proposed service station site at 5657 Logan Avenue North be denied. Motion carried unanimously. Motion by Grosshans, seconded by Bogucki, that the Planning Commission, considering the request for a variance from Section 35-413 to allow a proposed service station site to be 132 by 110 rather than the 120 foot by 120 foot size required finds: 1) That there are no particular physical surroundings, shape, or topographical conditions of the specific parcel of land involved, which result in a hardship to the owner; 2) That the conditions upon which the petition for a variance is based are not unique to the parcel of land for which the variance is sought, but are applicable generally to other property within the same zoning classification; 3) That the purpose of the variation is based exclusively upon a desire to increase the value or income potential of the parcel of land, 4) That the alleged difficulty or hardship is created by the intended use by persons presently having an interest in the parcel of land; and not by any provisions of Village ordinances; 5) That granting of the variation would be detrimental to the public welfare and injurious to other land or improvements in the neighborhood in which the parcel of land is located; 188 249 5 - 6) That the proposed variance could impair an adequate supply of light and air to adjacent property, or sub- stantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values in the neighborhood. And as a result of these findings, the Planning Commission recommends to the Village Council that the variance from Section 35-413 requested in Application No. 66030 as amended be denied. Motion carried unanimously. Motion by Bogucki, seconded by Engstrom, that the Planning Commission finds, in relation to the variance requested from Section 35-704 contained in Application No. 66030 as amended for a variance on the number of required parking spaces for the proposed retail/service station use at 5657 Logan Avenue North: 1) That there are no particular physical surroundings, shape, or topographical conditions of the specific parcel of land involved which result in a hardship to the owner; 2) That the conditions upon which the petition for a variance is based are not unique to the parcel of land for which the variance is sought, but are applicable generally to other property within the same zoning classification; 3) That the purpose of the variation is based exclusively upon a desire to increase the value or income potential of the parcel of land; 4) That the alleged difficulty or hardship is created by the intended use by persons presently having an interest in the parcel of land and not by any provisions of Village Ordinances; 5) That granting of the variation would be detrimental to the public welfare and injurious to other land or improvements in the neighborhood in which the parcel of land is located; 6) That the proposed variance could impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values in the neighborhood. And further finds that the above factors are compounded by the combination of a proposed service station with a retail mer- chandise outlet. Motion carried unanimously. Motion by Grosshans, seconded by Bogucki, that it is the Planning Commission' s opinion that if the site plans submitted are the final site plans of the proposed service station/retail site that those plans would not conform to the Planning Commission' s interpretation of Sections 35-413 and 35-401 which require a service station to front on a major thoroughfare, thereby making the required distance between the building and the rear south property line 25 feet, rather than the 10 feet shown. Motion carried unanimously. `' ,i1 - 6 - Following discussion of Application # 66050 submitted by Homedale Builders, Inc. , the following action was taken. Commissioner Robert Grosshans introduced the following resolution and moved its adoption: PLANNING CCMMISSION RESOLUTION NO. 66-6 RESOLUTION RECOMMENDING DENIAL OF APPLICATION N0. 66050 SUBMITTED BY HOMEDALE BUILDERS INC. WHEREAS, Homedale Builders, Inc. has submitted Application No. 66050 requesting approval of preliminary plans of a proposed apartment development and a variance from Section 35-401 con- cerning density, to allow 276 apartment units on the 15.22 acres of the Tract rather than the 246 allowed by the Zoning Ordinance for a parcel of this size, the property involved being Tract B of Registered Land Survey # 1186; and WHEREAS, following proper legal notice to persons within 150 feet of the ubject property, the Planning Commission held a public hearing on June 30, 1966, concerning said requested var- iance; and WHEREAS, following lengthy discussion of the proposed development, including discussion of the requested variance, the public hearing was closed and the application tabled by the Commission to allow it time to consider various facets of the application' s requests; and WHEREAS, further consideration has been given to the appli- cation by the Commission since its tabling, and as a result of its consideration of the application, the Commission finds the following: 1) No particular hardship to the owner of the property would result from the carrying out of the strict letter of the zoning regulations due to the parti- cular physical surroundings, shape, or topographical conditions of the specific parcel of land involved in the application; 2) The conditions upon which the petition for variance is based are not unique to the parcel of land for which the variance is sought, but are applicable to other properties within the same zoning classification; 3) The purpose of the variation is based exclusively upon a desire to increase the value and income potential of the subject property; 4) The alleged difficulty or hardship is not caused by the provisions of the zoning ordinance; 5) The granting of the variation from the requirements of the zoning ordinance would be detrimental to the public welfare. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends to the Village Council that Application # 66050 be denied. 4:>,'� 7 - The Commission would like to state for future reference that deviations from the densities set out in the zoning ordinance would be appropriate only when required parking areas are pro- vided in or under the dwellings themselves, or underground, or when such parking is provided in a ramp, so that the deviation would reflect "reclamation" of land which would otherwise have been used for such parking. Further, however, the Commission feels that the variance is an improper vehicle for accomplishing a greater density of apartments even for this reason, but should rather be accomplished by an amendment to the Zoning Ordinance, which amendment has already been recommended to the Village Council. If, then, the applicants are indeed interested in having a greater density of apartments, they should petition the Village Council for a rezoning of their property to a zoning classification which would provide for a greater density, or utilize the "credits" forthcoming in the new Zoning Ordinance for treatment of parking as discussed above, or both. The foregoing resolution was duly seconded by Commissioner Vernon Ausen. Upon a vote being taken, the following voted in favor thereof: Jensen, Grosshans, Ausen, Engstrom and Bogucki; voting against: none; motion carried. Motion by Ausen, seconded by Grosshans, to approve the minutes of the regular meeting of July 19, 1966, and the special meeting of July 28, 1966, as submitted. Motion carried unanimously. Motion by Engstrom, seconded by Grosshans, that the meeting be adjourned_ Motion carried unanimously. The meeting adjourned at _1:05 A.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 August 25, 1966 The Planning Commission met in special session and was called to order by Vice-Chairman Robert Grosshans at 7:40 P.M. Roll Call: Vice-Chairman Robert Grosshans, Commissioners Adrian Dorenfeld, Helmer Engstrom, Vernon Ausen, Henry Bogucki, and Paul Ditter were present. Chairman Robert Jensen arrived at 8:00 P.M. The topic of discussion for the evening was the public hearing to be held before the Commission regarding a draft ordinance regulating signs within the Village. The date and time of September 22, 1966, at 8:00 P.M. was set by the Commission for this hearing, to be held at the Village Hall, 7100 Osseo Road. Motion by Grosshans, seconded by Dorenfeld, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 10:15 P.M. Chairman 184 19 Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota September 1, 1966 The Planning Commission met in regular session and was called to order by Vice-Chairman Robert Gresshans at 7:35 P.M. Roll Call: Vice-Chairman Robert Grosshans, Commissioners Vernon Ausen, Helmer Engstrom, Paul Ditter, Henry Bogucki and Adrian Dorenfeld were present. Motion by Ditter, seconded by Ausen, to approve the minutes of the regular meeting of August 4, 1966, and the special meeting of August 27, 1966, as submitted. Motion carried unanimously. Mr. Ralph Martinson and Mr. Orrin Field of Dayton Development Company were present to represent Application No. 66060 (revised) . The revised application requested approval of site and building plans for a Goodyear Retail Store and Automotive Service Center, and approval of site and building plans for a "Brookdale Superette" Retail Store, the proposed buildings to be located at 5501 to 5515 Xerxes Avenue North. Following discussion of the application, the following action was taken. Motion by Bogucki, seconded by Dorenfeld, to recommend to the Village Council that the plans submitted for the Goodyear and Brookdale Superette Buildings be approved as submitted with the following conditions: 1) That the plans be subject to the approval of the Building Inspector; 2) That there is no consideration or approval being given to any freestanding signs in this application. And further, regarding the required parking for the Goodyear retail store/service center site and other similar uses in the future, the Planning Commission finds (in accordance with the provision of Section 35-704 for uses not covered explicitly by the list) that: A) The service bay portion of the building shall provide three parking spaces per bay, one of which may be in each of the bays; and B) The retail store portion of such an establishment shall provide parking in accordance with the pro- visions of "other retail stores or centers" of Section 35-704. Motion carried unanimously. Motion by Engstrom, seconded by Ausen, that the Commission acknowledge the request of Mr. George Gerber to withdraw Application No. 66062, which requests a special use permit for a duplex at 6400 Willow Lane, and allow the application to be withdrawn. Motion carried unanimously. 1 1 19 21 1 189 -2- The next application to be considered was No. 66065 submitted by Evans-Nordby Funeral Home. The application requested a variance from Section 35-315 to allow erection of a freestanding sign on the funeral home property at 6800 Osseo Road (Parcel 4720, Auditor' s Subdivision #216) . Following discussion of the application, the following action was taken. Motion by Ausen, seconded by Bogucki, that Application No. 66065 be tabled for approximately 30 days to allow further discussion of the application after the public hearing on the sign ordinance to be held on September 22, 1966. Motion carried unanimously. Application No. 66067 submitted by Mrs. Mabel Stewart was next heard. The Application requested a variance from Section 15-104 to allow a subdivision of land without a plat. The property in question lies at approximately 520 - 62nd Avenue North (Parcels 5010 and 5200, Plat 89036) . Motion by Ditter, seconded by Dorenfeld, to recommend to the Village Council that approval. be granted to a sub- division without a plat as requiredTby �Section 15-104 and division of the property into two parcels be approved, including approval of a 73 foot wide corner lot at the northeast corner of Camden and 62nd Avenues North, the 75 foot dimension measured along 62nd Avenue North. The variance allowing the subdivision without a formal plat being based on the fact that no purpose would be served the community by requiring a formal plat; and the approval of the 75 foot wide corner lot being based on the fact that the 75 foot width would not be out of character with the predominant platting of the area, and the extraordinary depth of the lot would provide almost 14,000 square feet of land in the lot. Voting in favor of the motion were Dorenfeld, Engstrom, Ausen, Grosshans, and Ditter; abstaining was Bogucki. Motion carried. The last application to be considered was No. 66045 submitted by John A. Greenly of 5255 East Twin Lake Boulevard. This application, tabled at the June 9, 1966, Planning Commission meeting at the request of the applicant, requested • variance from Section 15-104 to allow subdivision without • plat, and the approval of the subdivision as proposed into three lots, which would be substandard in size. The property involved in the application is Lot 2, Block 4, Twin Lake Wood' s Addition. Following discussion of the application between the Commission and the applicant, the following action was taken. Motion by Dorenfeld, seconded by Ditter, to recommend to the Village Council that Application No. 66045 be denied as submitted with its three lot subdivision; but the Commission would state further that it would recommend approval of a subdivision without a plat into two lots, both of which would meet the minimum requirements of the platting ordinance, but any future request for division into substandard lots would be viewed with disfavor. Motion carried unanimously. Motion by Dorenfeld, seconded by Ditter, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 10:15 P.M. Chairman 190 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 September 22. 1966 The Planning Commission met in special session and was called to order by Chairman Robert Jensen at 8:05 P.M. Roll Call : Chairman Robert Jensen, Vice Chairman Robert Grosshans, Commissioners Adrian Jorenfeld, Paul Jitter, Henry Bogucki, Helmer Engstrom and Vernon Ausen were present. Also present were: Ralph Martinson - Dayton Development Company John Holter - Macey Sign Company Allen Anderson - Naegele Sign Company Earl Simons - Northtown Finance Company George Nassig - interested citizen Robert Larson - Brookdale Ford Company Richard Cihoski - Secretary to the Commission The purpose of this special meeting was a public hearing to discuss the draft of the "SUGGESTED SIGN ORDINANCE" dated August 25, 1966. Following a presentation of the Sign Ordinance by the members of the Commission, a discussion of the Ordinance by the Commission and others present began which consumed the remainder of the hearing. Motion by Engstrom, seconded by Bogucki, to close the public hearing on the draft sign ordinance and take the comments heard during the hearing under advisement. Motion carried unanimously. Motion by Jorenfeld, seconded by Grosshans, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 12:15 A.M. Chairman 194 19 Aiinutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and- State -of Minnesota September 29, 1966 The Planning Commission met in special session and was called to order at 7:40 P.M. Roll Call : Chairman Robert Jensen, Vice Chairman Robert Grosshans, Commissioners Henry Bogucki, Paul Jitter and Helmer Engstrom were present. Mr. Jensen announced that Mr. Hodne's office had called stating that Mr. Hodne would be unable to attend the meeting to discuss his suggested additional payments relating to the "701" study. x Application No. 66037 was considered by the Commission. The application requested approval of freestanding signs for the service station site at 6601 Lyndale Avenue North (Lot 3, Block 1, JUTAC Addition). Motion by Bogucki, seconded by Jitter, that it is the finding of the Planning Commission that the request for freestanding signs of 0-MAC, Inc. meets the standards for special use permits set out in Section 35-231 if the following conditions are met: 1) the signs are placed at the locations indicated on the approved site plan on file in the Village Offices; 2) the sign adjacent to Lyndale Avenue shall be no more than 24 feet in total height above curbline grade at the point nearest to it, and no larger in area than 175 square feet using the perimeter measurement used by the Village; 3) the sign adjacent to 66th Avenue North shall be no more than 17 feet in total height above curbline grade at the point nearest to it, and no larger in area than 25 square feet using the perimeter measurement used by the Village. Further, that in addition to meeting the standards for special use permits, the signs as described above are in accordance with the provisions of the sign ordinance being developed by the Planning Commission, with the assurance from the Village Engineer that 66th Avenue North will be designated a "major street" at this location. Motion carried unanimously. The remainder of the meeting was spent in discussion of the August 25, 1966 draft of the proposed Sign Ordinance. Motion by Engstrom, seconded by Grosshans, that the meeting be adjourned. [Motion carried unanimously. The meeting adjourned at 9:35 P.M. Chairman 198 19p` Linutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of N:innesota October 6, 1966 The Planning Commission met in regular session and was called to order by Chairman Robert Jensen at 7:35 P.M. Boll Call : Chairman Robert Jensen, Vice Chairman Robert Grosshans, Commissioners Henry Bogucki and Vernon Ausen were present. Notion by Grosshans, seconded by Bogucki, to approve the minutes of the regular meeting of September 1st and special meetings of September 22nd and 29th, 1966. Voting in favor of the motion were Jensen, Grosshans, and Bogucki; not voting was Ausen. Motion carried. Application No. 66066 was the first to be considered. Mr. Richard Rocksted, serving as agent for both the owner, Ben Holmes and the purchaser, hirs. Donnelly, introduced these persons to the Commission and explained that Mrs. Jonnelly wanted rezoning of the property at 6045 Osseo Road to RB (residential-business) to allow her to use the property as a beauty shop. Following discussion of the application between the Commission and the applicants, and the gathering of comments from those persons notified of the public hearing, including submission of a petition by adjacent property owners, the following action was taken. Motion by Bogucki, seconded Grosshans, to close the public hearing on Application No. 66066 and table action on the application to allow the Commission time to study the matter further. Motion carried unanimously. Chairman Jensen called for consideration of Application No. 66068 but as the applicant was not present, the application was laid aside. Application No. 66069 was next considered. Submitted by John J. Sheehan, the application requested rezoning from R5 (multiple residence) to B2 (regional business) and the issuance of a service station special use permit for the property at 6501 Humboldt Avenue North (northwest corner of the intersection of 65th and Humboldt Avenues). Representatives of Mr. Sheehan were in attendance to present his application. Following a presentation of the proposed development of the Brown Farm (of which this property is a part) by Mr. Leverone, agent for Mr. Sheehan, he described the reasoning underlying the rezoning request to B2. The application was discussed by the applicant and the Commission with comments solicited from Mr. McCartney, Superintendent of the Brooklyn Center School district, the only person of those notified who was present. Motion by Grosshans, seconded by Bogucki, to close the public hearing on Application No. 66069. Motion carried unanimously. Further discussion of Application No. 66069 by the Commission ensued, culminating in the following action. Motion by Bogucki, seconded by Ausen, to table Application No. 66069 to allow for further study of the planning and zoning questions raised by the request. Motion carried unanimously. The next application to be considered was No. 66070 submitted by Donald Alortenson. The application requested a variance from Section 35-401 to allow construction of a carport/tool storage area three feet from the side property line at 4612 - 65th Avenue North. The Commission discussed the application with the applicant and called for comments from the floor. A letter was read from the abutting property at 4606 - 65th Avenue North, stating no objection by him to such a variance. 200 2C� -2- Motion by Bogucki, seconded by Grosshans, that it is the finding of the Planning Commission that Application No. 66070 submitted by Jonald f4ortenson meets the standards for variance set out in Section 35-221, and the Commission recommends to the Council that a variance be granted from Section 35-401 to allow construction of an attached carport/tool storage area three feet from the east property line at 4612 - 65th Avenue North (Lot 10, Block 7, Northgate Addition). Motion carried unanimously. Mr. Ray McKenna was in attendance to represent Application No. 66071 for approval of site and building plans for an apartment development along 67th Avenue North between Humboldt and Emerson ",venues (within the Hi Crest Square Addition). He explained that the entire staff of the architectural office which had been retained to design the project was out of the city and had been unable to finalize plans to represent the application properly. He exhibited a preliminary site plan and stated that the architects would have final plans prepared as soon as is possible, and hoped that the Commission would agree to an early consideration of the application. No action was taken on the appli- cation by the Commission, and it was set aside, pending receipt of the final plans. Mr. Howard Pieper of Red Owl Stores, Inc., presented Application No. 66072. The application requested approval of the site plan of the proposed Red Owl Food Store operation at (approximately) 5425 Xerxes Avenue North. Mr. Pieper showed the Commission the site plan which had been prepared, explaining that the building was a new architectural concept for Red Owl Stores which he was going to design, but that the design of the store itself had been deferred until approval of the site plans had been accomplished. He explained that the existence of easements and controlled access along Highways 4100 and 4152 had limited the arrangement of driveways and the buildings in such a manner that Red Owl Stores needed a firm commitment on the site plan to finalize its property contracts before they could proceed. Motion by Grosshans, seconded by Bogucki, to recommend to the Village Council that the site plans submitted by Red Owl Stores, Inc. , in conjunction with Application No. 66072 be approved, including approval of the parking layout which continues the design of parking approved previously for Brookdale Center in areas abutting T. H. U100, Motion carried unanimously. Application No. 66073 submitted by Smestad and Engquist Construction Company was next heard. The application requested special use permits for the construction of two duplex dwellings on the property at 3907 and 3913 - 52nd Avenue North. Nir. Laurel Zipf, owner of the property, introduced Mr. Engquist to the Commission, and he and Mr. Engquist explained the reasoning behind wanting to install duplexes on the property, showing a proposed design of the duplexes to the Commission. Following a discussion of the proposal between the Commission and the applicant, comments from the persons notified of the special use application were heard. One of the issues raised by the interested spectators was the drainage problem in the area and Mr. Jale Hamilton of the Village Engineering staff explained the situation in the streets of the area regarding drainage and how it would be improved by a future road surfacing project. He also went on to discuss generally the problems of drainage on the property within the area exclusive of the streets. Motion by Ausen, seconded by Bogucki, to close the public hearing on Application No. 66073 submitted by Smestad and Engquist Construction a Company to allow for further consideration of the application by the Commission. Motion carried unanimously. EL 1 1 1 -3- Application No. 66074 submitted by Frank Conlon was next heard. Member Vernon Ausen introduced the following Resolution and moved its adoption: PLANNIM COU-ASSIGN RESOLUTION NO. 66-7 RESOLUTION REGARDING APPLICATION 66074 BY FRANK CONLON 11hEREAS, Frank Conlon has submitted Application 466074 requesting a variance from Section 35-401 to permit erection of an addition to the existing home at 7001 Regent Avenue North (Lot 13, Block 4, Miller's Willow Lane Second Addition) five feet from the west property line rather than the required 10 feet, in accordance with plans submitted; and :'JHERAS, the Planning Commission has held a public hearing regarding this request on October 6, 1966, and has examined the evidence sub- mitted, along with comments from those present at the hearing, and is fully informed therewith; and ''MEREAS, the Commission finds, as a result of this examination of evidence, that the standards for variance set out in Section 35-221 have been met, in that the subject property was platted in an irregular shape, which reduced the buildable east-west dimension of the property at the building line to substantially less than 90 foot width required for corner lots, of which this is one, and that a particular hardship would result due to these unique characteristics if the strict letter of the ordinance were to be carried out. NO1, THEREFORE, the Planning Commission recommends to the Village Council that a variance be granted to Frank Conlon to allow a sideyard setback along his west property line of five feet for the addition to the house at 7001 Regent Avenue North, as described in documents on file in the Village Offices. The Resolution was duly seconded by Member Henry Bogucki, and upon a vote being taken, all voted in favor thereof, whereupon said Resolution was adopted. Mr. Jensen called again for consideration of Application No. 66068 but as the applicant was still not present, the application was laid aside for the evening. Motion by Ausen, seconded by Grosshans, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 12:05 A.M. . Chairman 204 Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota October 27, 1966 The Planning Commission met in special session and was called to order by Chairman Robert Jensen at 7:35 P.M. Roll Call : Chairman Robert Jensen, Vice Chairman Robert Gross- hans, Commissioners Paul Jitter, Henry Bogucki, Vernon Ausen, Helmer Engstrom, and Adrian Jorenfeld were present. The first application to be considered was No. 66065, submitted by Evans-Nordby Funeral Home. The application had been tabled at the September 1st meeting to allow for further discussion of it following the public hearing on the suggested sign ordinance held September 22, 1966. The application requested a variance from Section 35-315 to allow erection of a freestanding sign at 6000 Osseo Road. Jiscussion of the application ensued, including discussion of the pertinent sections of the proposed sign ordinance and the comments heard at the public hearing on the sign ordinance. Motion by Jorenfeld, seconded by Engstrom, that the Planning Commission finds that the standards for variance have been met by this application, and therefore, recommends to the Village Council that the freestanding sign requested by Evans-Nordby Funeral Home be permitted with the following conditions: 1) that the sign be a minimum of 10 feet from the highway right-of-way line (west property line) ; 2) that the area of the sign, measured in accordance with the method used by the Village, be a maximum of 36 square feet, and the height above curb level be no greater than 7� feet; 3) that the north-south placement of the sign be no further south than a point perpendicular to the center of the main entrance to the mortuary. Motion carried unanimously. The next application to be considered was that of ,Halter Skinner. No. 66068, requesting a variance from Section 35-310 to allow construction of a 24 by 32 foot garage, in excess of the 660 square feet permitted. The property involved is at 7100 Indiana Avenue North (Lot 11, Block 2, Northbrook Manor 4th Addition), This application originally came before the Commission on October 6, 1966, but as the applicant was not present, no action was taken at that meeting. Following discussion of the application, the following action was taken. Motion by Ausen, seconded by Bogucki, that the Commission finds that the standards for variance have been met by this application, and recommends to the Village Council that a garage structure 24 feet by 32 feet in size be permitted on the property at 7100 Indiana Avenue provided the following conditions are met: 1) the vehicle parking portion of this structure does not exceed 24 by 24 feet and the patio or porch portion of the structure does not exceed 8 feet by 24 feet; 2) that there shall be constructed a solid wall between the garage and the patio or porch portion of the structure; 206 207 -2- 3) that there may be an interconnecting door not more than three feet in width between the garage and porch portions of the structure. Motion carried unanimously. Application No. 66069 was next to be considered. Tabled for further study at the October 6th meeting, the application, submitted by John D. Sheehan, requested rezoning from A5 (multiple dwelling - residence) to B2 (regional business), and issuance of a service station special use permit. The property in question is at the northwest corner of the intersection of 65th and Humboldt avenues North, which is further described by a survey on file in the Village offices. Following a lengthy discussion of the request contained in the application, the following action was taken. Motion by Bogucki, seconded by Jorenfeld, to recommend to the Village Council that the rezoning requested by the applicant to B2 (regional business) be denied, in that the zoning to a commercial use would not be in accord with the comprehensive plan adopted by the Commission, and that the undeveloped area to the north of this property does not provide any assurance that the comprehensive planning proposed would be followed if this application were to be approved. Motion carried unanimously. Motion by Grosshans, seconded by bitter, to recommend to the Village Council that the request for a special use permit contained in Application #66069 be denied in that the property is presently zoned for multiple residence use (R5) and therefore does not have proper zoning to allow a service station use. Motion carried unanimously. The next application to be considered was No. 66077 submitted by Lecon Properties, Inc. The application requested approval of the site plan for a commercial establishment at 6801 Osseo Road (Tract A, A. L. S. #761). Motion by Jitter, seconded by Engstrom, to recommend to the Village Council that the site plan submitted by Lecon Properties for the commercial building at 6801 Osseo :load be approved as submitted, with the qualifications that any signs to be placed on the buildings be within the limits set out in the present zoning ordinance. Voting in favor of the motion were Dorenfeld, Engstrom, Jensen, Grosshans, Bogucki, and Jitter. Not voting was Ausen who stated that he felt the preparation of food for sale off the premises, as is proposed to be the case with the company who will be the occupant of this building, lies in a gray area between industrial and commercial uses. Motion carried. Application #66073 was next heard. Submitted by Smestad and Engquist Construction Company, it requested special use permission to allow the construction of two duplex dwellings at the properties at 3907 and 3913 - 52nd Avenue North. Following discussion of the application and consideration of comments heard at the previous public hearing on this application on October 6th, the following action was taken. [Motion by Ausen, seconded by Jorenfeld, to recommend to the Village Council that approval be granted to the special use request contained in Application 966073 to permit two duplex dwellings inasmuch as the request meets the criteria specified for special uses set out in the zoning ordinance; provided further, however, that the following conditions be met: 208 1 20d 1) that the rear (south) portion of the property not be filled to an elevation greater than that of the abutting properties to the east and west and that the property be landscaped with sod; 2) that a performance bond be submitted to the Village to cover the cost of such landscaping. Voting in favor of the motion were Jitter, Grosshans, Jensen, Ausen, Engstrom, and Dorenfeld. Not voting was Bogucki. Motion carried. Application No. 66066 was the final item to be considered. Submitted by Richard Rocksted, it requested rezoning from R1 (single family residential) to RB (residential business) of the property at 6045 Osseo Road, which is the southwest corner of the intersection of 61st Avenue and Osseo Road. Following consideration of the comments heard at the public hearing held on the matter on October 6th, and additional comments from members of the Commission, the following action was taken. Motion by Ausen, seconded by Jorenfeld, to recommend to the Village Council that the requested rezoning to an RB classification be approved because it is consistent with the Commission's previous recommendation to the Council that the two lots abutting Osseo Road to the north of 61st Avenue be zoned to a Cl (service-office) classi- fication upon adoption of the new zoning ordinance. Motion carried unanimously. Motion by Jitter, seconded by Ausen, that the meeting be adjourned. !Motion carried unanimously. The meeting adjourned at 10:45 P.M. Chairman 210 Minutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and estate of Minnesota November 3, 1966 The Planning Commission met in regular session and was called to order by Chairman Robert Jensen at 7:45 P.M. Roll Call : Chairman Robert Jensen, Vice Chair-man Robert Gross- hans, Commissioners Paul Jitter, Henry Bogucki, Vernon Ausen, Helmer Engstrom, and !Arian Horenfeid were present. Motion by Bogucki, seconded by Hitter, to approve the minutes of the regular meeting of October 6, 1966, and the special meeting of October 27, 1966, as submitted. Motion carried unanimously. Mr. Jensen announced that Application 466071 submitted by Bergstrom Construction Company was being laid aside due to the fact that plaits submitted were not sufficient to act upon. Application No. 66075 submitted by. Hjalmer Troan was first to be considered. A special use request, it requested permission to allow sales of dairy products (specifically milk) at the Phillips 66 Service Station at 6550 Lyndale Avenue North (the southeast corner of the intersection of 66th and Lyndale Avenues North). Following the hearing and a lengthy discussion of the application, the following action was taken. Motion by 0orenfeld, seconded by Bogucki, to close the public hearing on Application 466075 and table action on the application to allow for further study of the request by the Commission. Notion carried unanimously. The next application to be considered was No. 66076 submitted by Christine Isaac, requesting a special use permit to allow a beauty shop as a special home occupation at 6325 Osseo Road (Lot 2, Block 2, Fair Meadows Addition). Following discussion of the application and soliciting of comments from those persons notified of the hearing, the following action was taken. Motion by Grosshans, seconded by Engstrom, to recommend to the Village Council that approval of the special use permit be given for a beauty shop special home occupation at 6325 Osseo Road for a period of one year, the special use to be reviewed at that time to determine whether it shall continue. Motion carried unanimously. Application No. 66080 submitted by Joselyn Manufacturing Company was next to be considered. The application requested approval of the plans for an industrial building to be built on the compaAy's property at 49th and France Avenue North (Parcel 330, Section 10). 1 Motion by Bogucki, seconded by Jitter, to recommend to the Village Council that the plans submitted by Joslyn Manufacturing Company be approved. Motion carried unanimously. Application No. 66078 submitted by LeRoy Ahlert was the final application to be considered. The application requested spec�al use permission to permit the erection and use of an accessory building on the R1 zoned property at 5412 Girard Avenue North (Lot ;3, Block 1, Fairhaven Park Addition). Following the holding of the puolip hearing, which included comments from those persons notified of the hearing, the following action was taken. Motion by Ausen, seconded by Grosshans, tbat the Planning Commission finds the following in regard to Application8: ' t:j 1 1 1 21 -2- 1) The proposed use, since it is not perm&"Aify affixed to the land, but is movable, is neither a structure nor a building as defined in Chapter 35 of the village Ordinances, but is, in the Planning Commission's opinion, comparable to a garage which is a building and a permitted use in an H1 zone; 2) The proposed use is a non-commercial use compatible with the permitted uses in an H1 district; 3) The standards for special use permits are met by this proposed use; Therefore, it is the Planning Commission's recommendation to the village Council that the special use permission requested by Air. Ahlert be approved, provided that the setback requirements applied to this "structure" shall be the same as those applied to garages. Motion carried unanimously. Mr. Jensen noted, in response to a question from Mr. Ahlert regarding completion of the accessory building, that, as the Commission considers this use to be neither a building nor a structure under the present ordinance, but a land use, the mere construction of it on the property would not constitute the use itself. The use itself must be approved by the Village Council, but there is no reason why Mr. Ahlert could not complete the construction of this "structure" prior to the Council 's approval of its use on the property. Mr. Jensen further noted for the Council 's consideration that the Planning Commission has had several request for auxilliary buildings of this type, and that they are becoming more and more common as a result of their sale by various retail outlets in a pre-fabricated form, and that this type of use should be considered before adoption of the new zoning ordinance. Motion by Jorenfeld, seconded by Engstrom, that the study meeting for the month of November shall be held on November 10th rather than on November 24th, which is Thanksgiving. Motion carried unanimously. Nor. Thomas Hodne of Hodne Associates appeared before the Commission to discuss questions which had been raised regarding his request for additional compensation for the "701" Study beyond that specified in the actual "701" contract. Following a lengthy discussion of the matter, it was the consensus of the Commission that no decision could be reached fnumediately, but that a final answer would be transmitted to ,the Village Council at the Commission's November 10th meeting. Notion by Rogutki, seconded by Engstrom, that the meeting be adjourned. .motion carried unanimously. The meeting adjourned at 11 :50 P.M. Chairman 1 1 219 ivinutes of the Proceedings of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota November 10, 1966 The Planning 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 Robert Grosshans, Commissioners Helmer Engstrom, Vernon Ausen, Henry Bogucki, and Paul Ditter were present. The first item of business was consideration of Application No. 66081 submitted by Mr. and Mrs. David Kanatz. The application requested a variance from Section 35-401 to permit construction of an attached garage three feet from the west side property line at 2901 O'Henry Road. Mrs. Kanatz explained that in planning the construction of a 16 foot wide garage she had discovered that the side and front property lines did not meet at 90 degree angles, hence there would be a problem in maintaining the required 5 foot setback along the property line. Upon further examination, it was found that a five foot setback could be maintained at the front of the garage if the garage width were changed to 15 feet 3 inches, but that the setback at the rear of the garage would then be three feet five inches from the lot line. She further stated that they were prepared to build the garage 15 feet 3 inches in width to conform to the setback requirements at the front of the garage if a variance could be granted at the rear to allow the garage to be three feet five inches from the lot line rather than the five feet required. She stated that the reason for not putting the garage in the rear yard was that due to the angle of the lot line the garage would then be behind the house and access to it would be difficult. Following discussion of the application, the following action was taken. Motion by Bogucki, seconded by Ditter, that the Commission finds that the standards for variance have been met by this application, in that an undue hardship would result if the requirements of the ordinance were strictly applied, and that it is the Planning Commission's recommendation to the Village Council that it approve a variance to allow construction of a garage attached to the house at 2901 O'Henry Road (Lot 13, Block 7, Garden City 1st Addition), three feet from the west side property line. Voting in favor of the motion were Ditter, Bogucki, Grosshans, Jensen, and Engstrom. Not voting was Ausen who resides at 2907 O'Henry Road. Motion carried. Mr. Ausen stated that he would submit a letter for the file stating no objection to the variance. Mr. Lushine and Mr. Leverone of Brooklyn Center Industrial Park Inc. ; Mr. Martinson of Dayton Development Company; and Mr. Bloomquist of Char- Lynn, Inc., met with the Commission at 9:00 P.M. to discuss a proposed change in the zoning for the southerly portion of the former Earle Brown Farm from industrial to commercial. Mr. Lushine explained Brooklyn Center Industrial Park's proposed development of the farm area to the Commission and others present. He stated that a formal request for rezoning had been submitted to the Village, and would soon be before the Commission. Mr. Poss, Village Administrator, responded to questions from the Commission regarding the development from the Village's point of view, and a discussion of the effect such rezoning would have on the Village's overall planning was discussed by the Commission. Following such discussion, the applicant requested that some statement of intent regarding such rezoning be given by the Commission. Due to this request, the following action was taken. Motion by Grosshans, seconded by Bogucki, that it is the consensus of the Planning Commission that the Commission would tend to consider favorably a request for rezoning from industrial to commercial of the property adjacent to T. H. 4100 which is contained in the Brooklyn Center Industrial Park (formerly the Earle Brown Farm), upon submission of a formal application to that effect supported by development plans of the area indicating proposed types of uses, access, utilities, and other pertinent information. Motion carried unanimously. 220 1 221 -2- The next item to be considered was Application No. 66066 submitted by Richard Rocksted. This application had been before the Commission at a prior meeting requesting rezoning from R1 to RB to permit a beauty shop use on the property at 6045 Osseo Road. Subsequent to the Planning Commission's recommendation on October 27th of approval of that rezoning, it was determined that approval of the site plan of the proposed beauty shop use should also be submitted, since alterations to the property were to be made for a parking area. The application has been amended to include a request for plan approval and the site plan is now being submitted. Motion by Bogucki, seconded by Ditter, to recommend to the Village Council that the plans submitted by Richard Rocksted in conjunction with Application No. 66066 be approved as submitted. Voting in favor of the motion were Ditter, Bogucki, Grosshans, Jensen, and Engstrom; not voting was Ausen. Motion carried. In accordance with the statement made to Mr. Hodne of Hodne Associates upon his appearance before the Commission November 3, 1966, the Commission discussed Mr. Hodne's request for additional compensation for the "701" Planning Study beyond that specified in the Study's contract. The Commission reviewed letters received from Hodne Associates supporting the request and reviewed also the Planning Commission Minutes of the period under discussion in an attempt to ascertain if the additional costs were justified and should be paid by the Village. Following discussion of the request by the Commission, it was the consensus of the Commission that two members of the Commission, Mr. Jensen and Mr. Bogucki, should appear before the Village Council at the Council 's November 28th meeting to explain the Commission's opinion on the matter of additional compensation to Hodne Associates, the general opinion being that no additional compensation should be paid beyond that formerly approved. The remainder of the meeting was spent in discussion of the proposed sign ordinance. Motion by Grosshans, seconded by Bogucki, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 1:15 A.M. Chairman 222 Minutes of the Proceedings Of the Planning Commission in the Village of Brooklyn Center in the County of Hennepin and State of Minnesota December 1, 1966 The Planning Commission met in regular session and was called to order by Chairman Robert Jensen at 7:40 P.M. Roll Call: Chairman Robert Jensen, Vice Chairman Robert Grosshans, Commissioners Vernon Ausen and Helmer Engstrom were present. Commissioners Henry Bogucki and Paul Ditter arrived during the meeting as noted. The first application to be considered was No. 66071 submitted by Bergstrom Construction Company. The application requested approval of site and. building plans of an apartment development along 67th Avenue and Emerson Avenue, to the east of Humboldt Avenue. Mr. Ray McKenna, representative of Bergstrom Construction Company, presented the plans to the Commission, and related them to the proposed shopping center development to its north and to other existing and proposed uses in the area. Following discussion of the application and examination of the plans submitted, the following action was taken. Motion by Ausen, seconded by Engstrom, to recommend to the Village Council that the site and building plans submitted for approval in conjunction with Application No. 66071 by Bergstrom Construction Company be approved with the stipulation that driveway widths be not less than 22 feet, nor greater than 30 feet. Motion carried unanimously. The next application to be considered was No. 66075 submitted by Hjalmer Troan. Tabled for further study at the November 3rd meeting, the application requested special use permission to allow the sale of dairy products on the premises of the service station at 6550 Lyndale Avenue North in accordance with the provisions of Section 35-413 of the Village Ordinances. Following a review of the information gathered at the public hearing held on November 3rd, and after further comment by the Commission members, the following action was taken. Motion by Engstrom, seconded by Grosshans, to recommend to the Village Council that the special use per- mission being requested in Application No. 66075 to sell dairy products on the premises of the service station at 6550 Lyndale Avenue be denied, in that a service station site is not equipped for general commercial sales, such sales are incompatible with a service station use, and therefore, such a use would be harmful to the public welfare. Motion carried unanimously. Mr. Bogucki arrived at this point. Application No. 66079 was next presented by Mr. James Emison, the applicant. The application requested special use permission to construct and operate a service station, approval of site and building plans for the service station, 226 • -T A 7:7 AJ f3 -2- and a variance from Section 35-413 to permit a service station to be constructed on a lot abutting an R1 zoning district. The property involved is that at the southeast corner of the intersection of 73rd Avenue North and Highway #169. Following the public hearing on the matter and the gathering of comments from the applicant, the following action was taken. Motion by Grosshans, seconded by Engstrom, to recommend to the Village Council that the variance to allow a service station to be constructed on a lot abutting an R1 zoning district be denied, in that it does not meet the standards set out for variances, and further, therefore, since the variance is not to be granted, that the special use request also contained in the application be denied in that the pro- posed service station site abuts a lot in an R1 zone and cannot meet the special requirements set out for the service station special use. Voting in favor of the motion were Bogucki, Grosshans, Jensen and Engstrom. Not voting were Ditter, who arrived during the discussion, and Mr. Ausen, who had left the meeting for the evening during the hearing. Motion carried. Application No. 66082 submitted by Pure Oil Company was next heard. The application requested a special use permit for the erection and operation of an automotive service station and approval of its site and building plans for the property at 6840 Humboldt Avenue North (the southeast corner of Humboldt and 69th Avenues North) . Following the public hearing on the matter and discussion of the proposed use in relation to the development plans for the area, the following action was taken. Motion by Engstrom, seconded by Grosshans, to recommend to the Village Council that inasmuch as the application meets the standards set out for special uses, the special use permission for a service station be granted, and that the site and building plans for the proposed service station also be approved, subject to the following conditions: 1) that an additional parking space is to be delineated on the property to provide 14 spaces on the property; 2) that the rotating, non-flashing, freestanding sign indicated on the plans be no more than 20 feet in height and that the speed of rotation be no greater than 2-1/2 revolutions per minute; 3) that the building plans be approved subject to the Building Inspector's approval; 4) that a performance agreement and performance bond be submitted to the Village by Pure Oil Company to guarantee the site improvements shown on the plans. Motion carried unanimously. 228 Ij t .. •' a,,, .l.1 1f .r"�:,. ~ S i•.�•'r r .t N .ter � t ; •t � v+• r.4 .. - ... ..w.. '' S •.+�♦ .1 .r,'t i .`-S L rt}N~.1.<l.A .f ..++ t ! ... f• a .,.. 7'1.! .. ; Slr♦ S:is S.�' T. �.v�. J.. 1 �` ' � y r,". .�.�.1 y •'� '• •t _xa .j r i t 1 y t .ti S ! - f r +�. r ..•.:! .. , .i. -i:t_ : !r. :�,. i.. .ii �� , r ! fkS aS:, 3.�.. 7� .. • y ,•.*f L-. .+, r yr ry•.k ,IJ.�,. � �S`Y ♦,x-.,i:s + a r. t f iA ''_ y ' j' '{.f r .r i .. �a. • ,N'� ,?. ..`t� �r la.i n�" ....� ;{ e .t ... .. i. .. a t .t 8.ti t (.i. W �t ? f',�., >'d��'y :i 51:. , {, . s ka'!st Y.. + 11 i. ! •t,`•. ,. Ste' x� Y �• � ;"' 1. ,i,e�i'... .. .•t: ..l:, .. .• � .l' 4. .�` ! .. �. .. , 7 (1 ! .S• y � ., is .... 1 .,. .1r• ' .'.p N. ,� ! ,♦ r'i tit ; j;J i y 7' 22 -3- The Commission next considered Application No. 66083 submitted by Brooklyn Center Industrial Park, Inc. The application requested rezoning from 12 (Industrial Park) to B3 (General Business) for the property contained in the former Earle Brown Farm lying north and west of Highway #100, approximately south of 61st Avenue North extended. Mr. Lushine, Mr. Leverone, and Mr. Nason were in attendance to present the application. Following the holding of the public hearing on the matter and the gathering of comments from the applicants, including discussion by the Commission of the relation of such a rezoning to the Village's Comprehensive Plan, the following action was taken. Motion by Bogucki, seconded by Ditter, to recommend to the Village Council that the rezoning from 12 to B3 requested in Application No. 66083 for the property lying north and west of Highway #100 (see survey description on file) be approved, in that such a rezoning is in the best interest of the Village, and does not seriously deviate from the planning concepts contained in the Village's Comprehensive Plan. Motion carried unanimously. Application No. 66084 was the next item to be considered. Submitted by LeRoy Sign Company on behalf of Brookdale Chrysler-Plymouth, the application requested approval of a variance to allow erection of freestanding signs on the property at 6121 and 6125 Osseo Road (Lot 1, Block 1, Chrysler Motors Corporation Addition) . A public hearing ensued on the matter during which comments were solicited from the interested parties in attendance. Following discussion of the application by the Commission, the following action was taken. Motion by Bogucki, seconded by Engstrom, that, in the Commission's opinion, the standards for variance have been met by the application, in that a hardship would result due to the prohibition of a widely accepted type of signing, the free- standing sign, and therefore, the Commission recommends to the Village Council that the variance requested by Application No 66084 to allow freestanding signs at 6121 and 6125 Osseo Road be approved, with the following conditions: 1) the three 6 ' by 6 ' rotating signs to be installed atop the existing light standards adjacent to Osseo Road shall not be greater than 24 feet in overall height above street grade, 2) the larger freestanding sign being requested adjacent to the northerly entrance onto Osseo Road shall have a maximum height above street grade of 27.5 feet, and the area of the sign shall not exceed 250 square feet in area. Further, that an interior illuminated wall sign 3 ' by 6 ' to be installed above the garage door on the north side of the building and interior illuminated fascia paneling four feet in height on the north, east, and south sides of the showroom portion of the building with the words "Brookdale Chrysler- Plymouth" on the east fascia of the showroom, are also approved. Motion carried unanimously. 224 231 -4- Mr. Blaine Carey appeared to represent Application No. 66086, a request for a variance to erect three freestanding development signs of a temporary nature on the Brooklyn Center Industrial Park Property (the former Earle Brown Farm) . Following the holding of the public hearing, and discussion of the matter, the following action was taken. Motion by Bogucki, seconded by Grosshans, to recommend to the Village Council that it is the Commission's finding that the standards for variance have been met by this application in that a hardship exists due to the lack of provision for development signs in the present sign regulations, which signs are necessary to the development of an area, and therefore, the three freestanding signs being requested should be approved with each sign not to exceed 320 square feet in area and a maximum height of 25 feet, the variance to expire two years from the date of approval by the Council. Motion carried unanimously. Motion by Grosshans, seconded by Bogucki, to table Application No. 66087 at the request of the applicant, Lecon Properties. Motion carried unanimously. Application No. 66088 submitted by Sipe and Gray Oil Company was next considered. The application requested approval of plans of alteration to the building and site of a service station at 4861 Osseo Road (Parcel 4310, Section 10) . Following examination of the plans submitted, the following action was taken. Motion by Ditter, seconded by Bogucki, to recommend to the Village Council that the plans submitted in conjunction with Application #66088 be approved, with the sign proposed to be installed on top of the canopy to be construed as a freestanding sign which shall not exceed 20 feet in total height, nor more than 100 square feet in area, with the further provision that the plans are subject to the approved of the Building Inspector. Motion carried unanimously. Motion by Bogucki, seconded by Grosshans, to recommend to the Village Council that the preliminary plat of "Terrace Apartments Addition" as requested in Application No. 66085 submitted by Twin Realty Investment Company be approved. Motion carried unanimously. Motion by Engstrom, seconded by Ditter, to recommend to the Village Council that the preliminary plat of "Tower Terrace 2nd Addition" as requested in Application No. 66089 submitted by Homedale Builders be approved. Motion carried unanimously. Motion by Ditter, seconded by Engstrom, to recommend to the Village Council that the site and building plans for the addition to the existing Brook Park Baptist Church at 4801 - 63rd Avenue North, as requested in Application No. 66090, be approved as submitted. Motion carried unanimously. y: 232 x r 233 -5- Motion by Grosshans, seconded by Engstrom, that no other Planning Commission meetings be held during the month of December. Motion carried unanimously. Motion by Grosshans, seconded by Engstrom, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 12:30 A.M. Chairman 284