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HomeMy WebLinkAbout1967 PCM Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center in the County of Hennepin and State of Minnesota January 5, 1967 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, Adrian Dorenfeld, Helmer Engstrom and Henry Bogucki were present. Commissioner Paul Ditter arrived during the meeting as noted below. The first application to be considered was Application No. 66091 submitted by Firestone Rubber Company. The appli- cation requested approval of the site plan for the proposed Firestone Retail Store and Service Center at 5445 Xerxes Avenue North (S.W. corner of the intersection of Xerxes and 55th Avenues) . Mr. Jon Abbott of Dayton Development Company and Mssrs. Anderson, Gillespie, and Nordell of Firestone were present to discuss the site plan with the Commission. The Commissioners noted that the drawing with a revision date of January 3, 1967, had been submitted to the City for review only shortly before the meeting, and apparently had some dimensional errors in regard to required parking spaces, and that the Commission would be unable to put its stamp of approval on the drawings submitted, but due to the urgent need of Firestone to have its plans approved, perhaps could pass the plans to the Council with a recommendation. Following discussion of the plans as submitted, the following action was taken. Motion by Bogucki, seconded by Grosshans, to recommend to the City Council that the site plan for the Firestone Retail Store/Service Center as it is presently before the Commission is, in principle, an adequate plan, and should be approved by the Council if: 1) the plan is revised before the Council' s final approval action to provide the number of correctly dimensioned parking spaces on the site plan as would be required applying the standards applied to this type of use previously - that is, three spaces for each service bay, one of which may be in each bay; and the standards for "other retail stores or centers" for the retail sales portion of the proposed building; and further, that: 2) a performance agreement and performance bond be submitted in an amount determined by the City Engineer to guarantee site improvements on the property; 3) no freestanding sign approval be granted at this time. Voting in favor of the motion were Jensen, Ausen, Grosshans, Engstrom, Dorenfeld and Bogucki. Not voting was Ditter, who arrived during the discussion. Motion carried. 1 1 1 -2- The next application to be considered was No. 66061 submitted by Mehl Banta. This application, a request for a special use permit for a car wash selling automotive fuel and approval of the plans for the car wash was approved in August of 1966, but Mr. Banta has now asked that the special use permission granted at that time be amended to allow him to erect a freestanding sign on the car wash property at 5500 Osseo Road. Mr. Banta exhibited a drawing to the Commission of the sign he proposes to install on the property. He explained that the sign would be just under 20 feet in height, would be an interior illuminated, non- flashing and non-rotating sign. Motion by Engstrom, seconded by Dorenfeld to recommend to the City Council that a further condition be applied to the special use permission granted by the Council on August 15, 1966, to allow a freestanding sign to be installed on the southwest corner of the property and to be of the type described on the drawing submitted with this appli- cation, and further provided that the sign be no greater in height than 20 feet above curb grade at the curbline nearest the sign+s location. Motion carried unanimously. The next application to be considered was No. 66072 sub- mitted by Red Owl Stores, Inc. This application had previously been before the Commission and Council for approval of the site plan of the proposed Red Owl Food Store at 5425 Xerxes Avenue in October of 1966. The building plans for the Red Owl Store now having been prepared, are presented also as a part of Application No. 66072. Following examination of the plans submitted and discussion of them with Mr. Howard Pieper, representative of Red Owl, the following action was taken. Motion by Ausen, seconded by Ditter, to recommend to the City Council that the building plans submitted in conjunction with Application No. 66072 be approved as submitted with the following conditions: 1) that a performance agreement and performance bond be submitted to guarantee the site improvements to be installed in an amount determined by the City Engineer; 2) That no approval of freestanding signing is being considered at this time. Motion carried unanimously. The remainder of the meeting was spent in discussion and final revision of the January 1, 1967, draft of the suggested Sign Ordinance. Following the recording of these alterations, Commissioner Ausen moved and Commissioner Grosshans seconded that the draft, as revised, be titled the January 5, 1967, draft of the suggested sign ordinance and be transmitted to the City Council with the Planning Commission' s recommendation that it be reviewed and adopted as the Sign Ordinance for the City of Brooklyn Center. Motion carried unanimously. Motion by Ditter, seconded by Dorenfeld, that the meeting be adjourned. The motion carried unanimously. The meeting adjourned at 11:00 P.M. hairman 1 1 1 235 Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center in the County of Hennepin and State of Minnesota January 26, 1967 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, Commissioners Paul Ditter, Henry Bogucki, Vernon Ausen, and Helmer Engstrom were present. Commissioner Adrian Dorenfeld arrived later in the meeting, at 8:30 P.M. The evening was spent in discussion of the changing nature of commercial activity, especially the "drive-in" type of operation and service stations. Brought into this discussion was the subject of possible guest speakers who are expert in the various areas of marketing, as well as those with insight into the trend of future development. As the Commission was in agreement that a study of this type would be of value, Chairman Jensen appointed Mssrs. Bogucki and Ditter as a committee to arrange a meeting at which various persons familiar with commercial development trends could be present to discuss them with the Commission. Motion by Dorenfeld, seconded by Bogucki, to reaffirm the Commission' s previous elections of Robert Jensen as Chairman on September 2, 1965, and Robert Grosshans as Vice-Chairman on January 20, 1966, and continue both in those same offices; the reason for this reaffirmation being their recent reappointments to the Commission. Voting in favor of the motion were Dorenfeld, Engstrom, Ausen, Bogucki, and Ditter. Not voting was Jensen. Motion carried. Motion by Dorenfeld, seconded by Engstrom, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 10:30 P.M. Chairm 236 IY i f 237 Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center in the County of Hennepin and State of Minnesota February 2, 1967 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 Paul Ditter, Henry Bogucki, Vernon Ausen, Helmer Engstrom and Adrian Dorenfeld were present. Motion by Bogucki, seconded by Dorenfeld, to approve the Minutes of the meetings of November 3rd and 10th, December 1st, and January 5th and 26th, as recorded. Motion carried unanimously. The first application to be considered was #67001 submitted by Bermel-Smaby Realty Inc. The application requested rezoning from R1 to RB of the property at 6500 Osseo Road (Tracts B and C, Brooklane Addition) . Following the public hearing on the matter and the soliciting of comments from the applicant and interested parties in attendance, the Commission dis,pussed the concept of the "planned development area" as it was con- ceived by the Planning Consultant and the Planning Commission in preparing the City' s comprehensive plan. The Commission noted that in the comprehensive plan this location had been proposed as planned development area, but included property to the north of the property in this application. The Commission encouraged the applicant to investigate the possibility of including this additional property with their present two parcels as a total planned development. Following this discussion, the applicant requested that he be allowed to withdraw his application to allow him time to examine the possibility of combining his property with that to his north. Motion by Dorenfeld, seconded by Bogucki, to recommend to the City Council that a withdrawal of application #67001 as requested by the applicant be allowed. Motion carried unanimously. Application #67002 was next to be considered. Submitted by Zejdlik and Harmala Architects, the application requested special use permission to construct five duplex dwellings on Lots 1 through 5, Block 1, and one three-family dwelling on Lots 3 and 4, Block 2, Northtown Plaza First Addition, said property located in the vicinity of Noble Avenue between 68th and 69th Avenues North. Following a lengthy public hearing on the matter, Member Bogucki moved and Member Grosshans seconded that the public hearing be closed. Motion carried unanimously. Following further discussion by the Commission on the application, the following action was taken. Motion by Bogucki, seconded by Ditter, to recommend to the City Council that the application for special use permission to build five duplex dwellings and one three-family dwelling as requested in Appli- cation #67002 be approved. Voting in favor of the motion were Ditter, Bogucki, Grosshans, Jensen, and Engstrom. Not voting were Ausen and Dorenfeld. Motion carried. 238 , , .. ,�, a.. -, ... ♦ ♦ �)t , y v � a _ ,t : + �' .t .. , s y� •,i ).,. , #_ r • .. a .. .. .. ♦ 'x k.., is� r r..'•..i .. .' S .. ~ 239 -2- The next application to be considered was Application #67003 submitted by Red Owl Stores`, Inc. The application requested a variance to permit erection of a freestanding sign on the property at 5425 Xerxes Avenue North. Following discussion of the proposed sign with Mr. Mastny, Architect for Red Owl, the Commission indicated that the proposed sign was much in excess of what had been considered by the Commission as an appropriate sign in the sign ordinance proposed for adoption by the Commission. In response to this, Mr. Mastny asked that the Commission not take action to approve or deny the appli- cation, but rather to table the application to allow Red Owl Stores to develop further justification for the sign, and to present this to the Commission at a later date. Motion by Bogucki, seconded by Dorenfeld, to table Appli- cation #67003 at the request of the applicant. Motion carried unanimously. Application #67004 submitted by LeRoy Sign Company was the last item to be considered. The application requested a variance to permit the erection of two freestanding signs on the property at 5601 Xerxes Avenue North (Tract A, R.L.S. #1162) . A representative of the applicant explained the proposal to erect a freestanding sign on both the north and south sides of the building on the property. The Commission discussed the proposed signs with the applicant and examined the proposal in light of the draft sign ordinance which the Commission had developed and recommended to the Council for adoption. Following this consideration, the following action was taken. Motion by Dorenfeld, seconded by Ditter, to recommend to the City Council that two freestanding signs be approved on the property at 5601 Xerxes Avenue North with the following conditions; 1) That only two freestanding signs be permitted on the property; 2) That one of the signs may extend 24 feet above ground level and shall not exceed 250 square feet in sign area, while the second sign may not exceed 20 feet in height and 64 square feet in sign area. Motion carried unanimously. Mssrs. Bogucki and Ditter reported to the Commission on their attempt to find guest speakers and research material con- cerning parking requirements as was directed by the Commission on January 26, 1967. They reported that they had been unable to find anyone expert in the parking field other than certain businessmen who might be competent in certain areas of parking needs. As for written material, certain periodicals would be examined for such information. The Secretary to the Commission reported that he had been in contact with the Extension Service of the University of Minnesota, and there was an opportunity for the City to have the Extension Service conduct a program discussing metropolitan- wide planning. T7be Commission expressed interest in such a program and directed the secretary to proceed with setting the date for it. 1 240 jr iL i t, ( t - . J : r .. # •:a ;,., � ..,•i.. .. _.. ..: r . r F ..I'• •i..r -. .'.fY .l'._ .f'F��P r�.P..•P , 't yr i .. • y _ 1 941 -3- Motion by Dorenfeld, seconded by Bogucki, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 11:35 P.M. Chairman i �� . . k .. �'1 'r° ,.. . � . .��. o . ....�iL.� .. .4„ .t r��.is t a1... .'� .... ��; r I I ....,, ....... .. ,.....M, 243 Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center in the County of Hennepin and State of Minnesota February 23, 1967 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 Paul Ditter, Henry Bogucki, Vernon Ausen and Helmer Engstrom were present. Mr. Howard Pieper of Red Owl Stores Inc. , appeared before the Commission to discuss Red Owl' s request (contained in Application #67003) that a variance be granted to allow a freestanding sign for their property at 5425 Xerxes Avenue North. Another representative had appeared at the hearing on the matter held February 2nd, and had at that time requested that the matter be deferred to allow Mr, Pieper to be present. Following a good deal of discussion of the freestanding sign, the Commission decided that a field trip would be in order to view the site in question. Saturday, March 18th, was set as the date of this field trip, with the discussion of the sign to be taken up again at the March 30th special meeting. Motion by Ditter, seconded by Bogucki, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 10:40 P.M. Cha'r an 244 . . ........ r r n 1.. w.I {.'.♦ ...A .. Y .. �.. .. ... a .! ... .. 1 24'5 Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center in the County offHHenne�, in and State of Minn2sota March 2, 1967 The Planning Commission met in regular session and was called to order by Chairman Robert Jensen at 7:35 P.M. Roll Calls Chairman Robert Jensen, Vice Chairman Robert Grosshans, Commissioners Helmer Engstrom, Vernon Ausen and Paul Ditter were present. Commissioners Bogucki and Dorenfeld arrived later in the evening as noted. Motion by Ausen, seconded by Ditter, to approve the minutes of the regular meeting of February 2, 1967, as submitted. Motion carried unanimously. The first application to be considered was No. 66057 submitted by Macey Sign Company. The application requested a variance to permit alteration of the existing freestanding sign at Lynn Brook Shopping Center, 6215 Osseo Road, from the dimensions previously allowed by variance on November S, 1965. The instant application had been tabled by the Commission in July of 1966, as the applicant was revising the sign proposal, and had only recently been reactivated by him. Mr. John Holter of Macey Sign Company and Mr. Charles Novak of Kroger Food Stores were present to discuss the sign with the Commission. These gentlemen explained to the Commission that although the existing sign identified the Lynn Brook Center, there still existed a problem of identification for the individual establishments, due to the fact that the Shopping Center was not of a size which would remove the necessity for individual identification. Following a lengthy discussion of the application, Member Vernon Ausen introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 67-1 WHEREAS, in November of 1965, the Village Council, acting in accordance with the recommendation of the Planning Commission, approved a variance to permit the erection of a freestanding sign adjacent to the Osseo Road (Highway #152) right-of-way 40 feet south of the entrance to the Lynn Brook Shopping Center; and WHEREAS, the Planning Commission and Council have found that hardship does in fact exist in relation to freestanding signerry, in that the present zoning ordinance does not take into account the common and necessary type of business activity; and WHEREAS, the applicant, acting for the owner and tenants of the properties within. the Lynn Brook Shopping Center in the intervening period, have determined that rearrangement and addition to that previously approved and erected free- standing sign would be desirable, and have submitted an 246 9gyJ yxsaaeosn baz rioMr—o erfJ Jrru000s oJrd SABJ Jon aeob brts ,ydiviJos aaeniaud 10 aJnsnsJ bas x9nwo srfJ zo3c : 7s Jrt , s.Cggs srfJ ,2AaSI3HW ni zeJnoD pniggorf2 Aooz8 +. ,y I erfJ ttirfJiw a9iJa9goxq srfJ 3o Jn�>„�spns sxr;9x Jsdi bon iln- {3b ovsd bo.iisq painovzoial orf t -99il beJoe79 bns bsvoagr,, y.iauoivsYq Jsrfl of no.iJibbs bns ns baJJimdua sysrf bad jdsulaob sd bluow npia .pnibas:ta b -o.:t e,ia`-_.1 ' b rMcf i 9gyJ ssaa�aoen bns Horn- o erfJ Jnu000ii o.Jni ok;j Jon asob brt. ,yJiviJos ea9nieud 30 j r::JrY. nsJ bnr> usawo `JrxrDilggs orf-i .2A,I.FC:liW rxi 7CjJn97 pniq gnrf2 gooa6 ,,yd 9rfJ airf:tiw =o.k.faogoaq grfJ ao ri t�9^:s�sn.� rox J.rrfJ b9rim s sb 9varf .boixsq pni n9vioJai errJ 9911 50JO919 bns b9voigq.:- 'yIGuoiv9xcf JzdJ of noljibbs bas cis f)eJJimdua evsrf bad ed fafuow npia ,pnib,af"Ja I ,qy:J y°xsaaooen brrs rxonr_ -,o oild Jrwoaos oJn.i o�€-;J Jon a-Do b b ;Y�it=iora3nicrrcd to LR;res. Lnr� :rgawo 4rIJ ao r,,-- :..,Jrxs_pllggs otfJ ,PAaqatfw M.€: xr Jrz o �,rr:i jc c �° 2 a[c + y 9rf t ir.fJ �w a9.►: x gc�•s,. --1 1ct JnJm9paniusoa Jnd-I ovfrf .boi-ioq pnirtsvx9Jrri grid- c);it bsJo97s brig ;bsvoagq.,.< Y yJ,-,voivs7q J ftl of no!Jibb6 bas ns ,bpJ.timdua evnif brr'd ec: nPile .;pnlbrr4>_ta 267 -2- application (#66057) requesting a variance to accomplish such rearrangement and addition; and WHEREAS, the Planning Commission, for a number of years, has studied the problem of signery within Brooklyn Center, and has developed and recommended to the City Council a proposed sign ordinance, which, among other things, contains the following provisions: SECTION 3-1104 DETAILED SIGN REQUIREMENTS FOR SIGNS REQUIRING A PERMIT. A. Commercial (C2 and C3 Zones) 1. Individual detached establishments or enter- prises, except drive-in establishments and motels, may have the following signs: b. One freestanding identification sign on each collector or arterial street the establishment abuts if the building is set back at least 50 feet from the street on which the sign is located, except when the establishment is part of an integrated development (in that case, Section 3 below applies) . The gross surface area of the sign shall not exceed two per cent of the gross first floor building area or 250 square feet, whichever is smaller, and it shall not extend more than 20 feet above street grade, provided, however, that the following maximum sign areas shall apply: Maximum sign area Maximum height of sign using the 2% rule in relation to sign area 90 square feet 16 feet 130 square feet 17 feet 170 square feet 18 feet 210 square feet 19 feet 250 square feet 20 feet 3. Integrated commercial developments may have one freestanding identification sign on each collector or arterial street the development abuts. Each sign shall not exceed one per cent of the gross first floor building area in the development or 250 square feet, whichever is smaller, and shall not extend more than 32 feet above ground level. Regarding signing of a non-freestanding type, sections l,a, l,c, and l,d, above shall be applicable to individual establishments within an integrated develop- ment. ; and WHEREAS, the Planning Commission had intended that the permission for larger freestanding signs for integrated commercial developments should be used for identification of the entire integrated development only, and not for individual uses within the integrated development; and 268 1 1 249 -3- WffiUMAS, the applicant has proposed a sign which would provide identification for individual establishments within the Lynn Brook "integrated development" which sign would not exceed the area or height which would be permitted for an individual detached establishment, the area of said sign being approximately 125 square feet, and the overall height between 18 and 20 feet. NOW, THEREFORE, THE PLANNING COMMISSION RECOMMENDS TO THE CITY COUNCIL THAT approval be granted to a freestanding sign not exceeding 250 square feet in area and 20 feet in height above the centerline grade of Osseo Road adjacent to this site (centerline grade of 861.00 feet above sea level) , and further provided that there shall be no sign message on the sign structure below 7 feet above centerline grade of Osseo Road and that illumination for this sign shall not interfere with the safe use of the adjacent roadway. The resolution was duly seconded by Commissioner Robert Grosshans and upon a vote being taken all voted in favor, whereupon said resolution was adopted. (Mssrs. Dorenfeld and Bogucki arrived at this point.) The next application to be considered was that of Lecon Properties, which requested a rezoning of property west of Osseo Read and north of future 68th Avenue North from its present R1 and Bl zoning to B3 (General Business) . Mr. Stanley Wessin of Lecon Properties was present to explain the rezoning request and also present were repre- sentatives of Iten Chevrolet who expressed no disagreement with the proposed rezoning. { Member Vernon Ausen introduced the following resolution 1 and moved its adoption: PLANNING COMMISSION RESOLUTIQN NO, 67-2 WHEREAS, the Planning Commission, on February 17, 1366, adopted a Comprehensive Plan which it recommended to the Council for adoption as the City' s Official Plan, and on March 31, 1966, recommended a zoning ordinance and map to the Council providing for a comprehensive rezoning of the Village in accordance with the comprehensive plan previously recommended; and WHEREAS, the Planning Commission, in developing the Comprehensive Plan had recommended that the property south of 69th Avenue and West of Osseo Road be put to commercial uses, which planning concept was further recommended in the commercial zoning proposed for this area on the comprehensive zoning map; and WHEREAS, in said zoning map, the proposed zoning districts were set out according to the existing property lines and in the absence of any proposed street network through these vacant areas; and 2�d i �I I -4- 247, WHEREAS, the applicant, in conjunction with the City Engineering Staff has devised a road network for the area and will shortly be submitting a preliminary plat of the property, a preliminary drawing of which is now in evidence before the Commission; and WHEREAS, the Planning Commission finds that the proposed B3 zoning for the property abutting Osseo Road and 68th Avenue North is a proper zoning which is in accord with the Comprehensive Plan. NOW, THEREFORE, THE PLANNING COMMISSION RECOMMENDS TO THE CITY COUNCIL THAT THE property which will be contained within Lot 1 of Block 1, of future Northtown Plaza 2nd Addition (as per preliminary drawing dated February 28, 1967, on file) should be changed from its present Rl and Bl zoning classification to B3 (General Business) . The resolution was duly seconded by Commissioner Helmer Engstrom and upon a vote being taken all voted in favor, whereupon said resolution was duly passed and adopted. The next application to be considered was Application No. 67005 submitted by Bruce Hasselberg acting as an agent for Shell Oil' Company. The application requested rezoning from the present R1 and RB zoning to B2 and a special use permit for a service station on the property so zoned, the property involved being that at the southwest corner of France Avenue and Highway No. 100 (Tract A, R,LS. #1082 and Parcel 2910 of Section 10) . Both Mr. Hasselberg and Mr. Chazin, one of the owners of the property involved, were present to discuss the appli- cation. Following a lengthy hearing on the matter including the gathering of comments from the applicants and interested parties in attendance, the following action was taken. Motion by Bogucki, seconded by Dorenfel.d, to close the public hearing on Application No. 67005. Motion carried unanimously. Further discussion ensued by the Commission on the application, culminating in the following action. Motion by Ditter, seconded by Dorenfeld, to recommend to the City Council that the' rezoning to B2 (Regional Business) as requested in Application No. 67005 be denied for the following reasons: 1. The requested zoning is not in agreement with the comprehensive land use planning contained in the Comprehensive Plan for Brooklyn Center; 2. The present zoning of RB for one of the parcels in question and the proposed zoning to R5, both of which are preimarily multiple dwelling zones, are adequate for the property; 248 i r 251 -5- 3. The proposed zoning is incompatible with the residential elements in the existing neighborhood. Further, that the special use permission requested for a service station on the property also be denied, in that the present zoning is inadequate for a service station use. Motion carried unanimously. The next application to be considered was No. 67006 submitted by Home Federal Savings and Loan Association. The application requested approval of site and building plans of a commercial building; a variance from Section 35-330 to permit erection of a freestanding sign; and a variance to permit a lesser building setback than is required by the zoning Ordinance. The request for a variance to erect a freestanding sign to be deferred until designs for the sign have been prepared by the applicant. Mr. Edward Baker, Architect for Home Federal, and Mr. Blake Scattergood of Home Federal were present to discuss the application with the Commission. Following examination of the plan submitted and the gathering of comments from those present, the following action was taken. Motion by Bogucki, seconded by Grosshans, to recommend to the City Council that the site and building plans submitted be approved, and that a variance be granted to allow a setback of approximately 30 feet from the southeast property line of the subject tract, due to the fact that a hardship exists in utilizing the property due to its shape, caused in part by the purchase by the County Highway Department of excess right-of-way, recognizing that if the normal acquisition of right-of-way had taken place in this area, the setback proposed would be in excess of that normally required along a major thoroughfare. Motion carried unanimously. The next application to be considered was No. 67007 submitted by Wesley Reavely, the operator of the Standard Oil Station at 6044 Osseo Road. The application requested special use permission for the rental and storage of camping trailers on the station property at 6044 Osseo Road. Chairman Jensen read a letter submitted by Mr. Boyer Palmer, the owner of the apartment property adjacent to the Standard Oil Station who voiced objection to any activity on the service station property which would tend to detract from the appearance of his property. Following a discussion of the application and the gathering of comments, the following action was taken. Motion by Engstrom, seconded by Grosshans, to recommend to the City Council that approval be granted for the rental of camping trailers only with the following restrictions: 1. That there be a maximum of six trailers on the service station property; 1 1 1 253 2. That the trailers on the property be placed out of the traffic flow areas on the station site; 3. That the special use permission would be in effect for a period of one year from the date of Council approval, to allow for review at that time to determine whether the use shall be permitted to continue; 4. That no signing for this additional use is being considered or permitted at this time. Motion carried unanimously. Application No. 67008 was next to be considered. Sub- mitted by Dayton Development Company, it requested a variance from Section 35-330 to permit the erection of a freestanding sign on the Goodyear retail store property at 5501 Xerxes Avenue North. Mr. Martinson of Dayton Development Company was present to discuss the application with the Commission. Following discussion of the application, Mr. Ditter moved, and Mr. Dorenfeld seconded., to table action on Application No. 67008 until the study, meeting of the Commission on March 30, 1967. Motion carried unanimously. Application No. 67009 was the last item to be considered. Submitted by Shopper's City, Inc. , it requested special use permission to erect and operate a "garden store" operation on the Shoppers' City parking lot between April: 1, 1967, and July 15, 1967, with further permission to remove the garden store building to the north side of the Shoppers' City property. Mr. Roth of Shoppers' City was present to explain that the proposed garden store building would be built according to the City's building code so that it vould be capable of with_standing theizoves from the front of the Shoppers' City building, 3600 - 63rd Avenue North, to the rear (north) side of the property. Motion by Dorenfeld, seconded by Ausen, to recommend to the City Council that the special use permission requested in #67009 be granted and that the garden store operation be permitted from April 1, 1967 to July 15, 1967, with the garden store structure to be removed from the sales site to a site adjacent to the north property line of the Shoppers' City property by August 1, 1967. Motion carried unanimously. The Commission discussed its proposed field trip which was previously scheduled to be held on Saturday, March 18, 1967, and changed the date of the field trip to March 11, 1967, at 9:30 A.M. Motion by Dorenfeld, seconded by Ditter, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 11:50 p.M. WQIU� Chas an 254 Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center in the County of Hennepin and State of Minnesota March 30, 1967 The Planning Commission met in special session and was called to order by Chairman Robert Jensen at 8:00 P.M. Roll Call: Chairman Robert Jensen, Vice Chairman Robert Grosshans, Commissioners Vernon Ausen and Helmer Engstrom were present. The first application to be considered was No. 67010 sub- '' mitted by Sears Roebuck and Company, 1297 Brookdale Center. The application requested special use permission to allow a retail sales operation (garden store and sporting goods) from April 1, 1967 to July 1, 1967, involving outside storage within a 68 by 71 foot fenced area on the west side of the Sears store. Following discussion of the request with the representative of Sears, Mr. Edward Schlicting, the following action was taken. Motion by Engstrom, seconded by Grosshans, to recommend to the City Council that the special use permit for outdoor sales and display within the fenced area to the west of the Sears store be permitted from April 1, 1967 to July 1, 1967. Motion carried unanimously. The next application to be considered was No. 67008 submitted by Dayton Development Company. The application requested a variance from Section 35-330 to permit erection of a freestanding sign on the Goodyear retail store property at 5501 Xerxes Avenue North. This request had been discussed previously at the March 2nd meeting, and following further discussion, the following action was taken. Commissioner Vernon Ausen introduced the following resolution and moved its adoption: Planning Commission Resolution Nov 67-3 RESOLUTION APPROVING APPLICATION NO. 67008 SUBMITTED BY DAYTON DEVELOPMENT COMPANY WHEREAS, Dayton Development Company has submitted Appli- cation No. 67008 requesting a variance from Section 35-330 of the City' s ordinances to permit erection of a freestanding sign on the Goodyear retail store/automotive service center property at 5501 Xerxes Avenue North; and WHEREAS, the Planning Commission has found in the past that hardship does in fact exist in relation to freestanding signery on commercial properties, due to the fact that the present zoning ordinance does not take into account this common and necessary type of business activity (freestanding signing) ; and 1 1 1 FT B -2- WHEREAS, the Planning Commission, recognizing this deficiency in the present zoning ordinance, have studied the problem during the past several years, both during and after the community' s 11701" comprehensive planning study, and as a result of this study has developed and recommended to the .City Council a proposed sign ordinance which the Commission feels is a proper and reasonable approach to the matter of signing, including freestanding signing; and WHEREAS, the Commission has continued to be presented with various requests for freestanding signery in this period before the Council has had an opportunity to adopt an effective and reasonable Sign Ordinance, and in the absence of such an ordinance, has endeavored to avoid being arbitrary by applying the standards set out in the Commission's proposed Sign Ordinance; ° and c� A-C WHEREAS, the following standards of the Commission' s pro- posed Sign Ordinance are especially pertinent to the instant application: 8. Freestanding signs located within 25 feet of the street right-of-way line of a corner use site shall have a minimum vertical clearance of 12 feet above the centerline grade of the street. 9. The supporting column(s) of a freestanding sign shall not materially impede vision between a height of two and one half (2' ) and seven and one half (7�) feet above the centerline grade of the street, except when set back ten (10) or more feet from the street right-of-way line. 1. Individual detached establishments or enterprises, except drive-in establishments and motels, may have the following signs: a. Wall signs on each wall equal to the number of public entrances plus one, provided the total area of these signs does not exceed the following percentage of the area of the wall supporting the signs: 10% of the first 15 feet in vertical height; plus 5% of the second 15 feet in height; plus A% of the area above 30 feet in height. Wall signs for identification may project 24 inches above the roof level, provided that the sign does not extend more than thirty-two feet above ground level. b. One freestanding identification sign on each collector or arterial street the establishment abuts if the building is set back at least 50 feet from the street on which the sign is located, except when the establishment is part of an integrated development (in that case, Section 3 below applies) . The gross surface area of the sign shall not exceed two per cent of the gross first floor building area or 250 square feet, whichever is smaller, and it shall not extend more than 20 feet above street grade, provided, however, that the following maximum sign areas shall apply: 1 1 1 -3- Maximum sign area Maximum height of sign using the 2% rule in relation to sign area 90 square feet 16 feet 130 square feet 17 feet 170 square feet 18 feet 210 square feet 19 feet 250 square feet 20 feet and; WHEREAS, using the above-stated standards, this property would be permitted a freestanding sign 18 feet in height, and 170 square feet in area; and WHEREAS, the Planning Commission finds that a hardship does in fact exist in the application of the present zoning regulations relating to signs to this property. NOW, THEREFORE, it is hereby recommended to the City Council that a freestanding sign be permitted on the property at 5501 Xerxes Avenue North, in accordance with the following conditions and restrictions: a) the sign shall not exceed 170 square feet in area, 18 feet in total height above the centerline grade of the street adjacent to the sign, and shall provide minimum vertical clearance as outlined in points 8. and 9. above; b) since the standards of the Commission' s ordinance recommendation are being used in determining the freestanding sign to be permitted, the wall signs to be installed on this building shall also adhere to the standards set out above for such wall signs. The resolution was duly seconded by Commission Helmer Engstrom and upon a vote 'being taken, all voted in favor, whereupon said resolution was adopted. Mr. H. S. Wessin of Lecon Properties appeared to represent the next application, No. 67011, requesting approval of the preliminary plat of "Northtown Plaza 2nd Addition" . The area proposed for platting lies south and west of the intersection of 69th Avenue North and Osseo Road. Following discussion of the proposed plat, the following action was taken. Motion by Grosshans, seconded by Ausen, to recommend to the City Council that the preliminary plat of Northtown Plaza 2nd Addition be approved. Motion carried unanimously. The last application to be considered was No. 67003 submitted by Red Owl Stores, Inc. , requesting a variance from Section 35-330 to permit erection of a freestanding sign on the property at 5425 Xerxes Avenue North. The application had previously been discussed at the February 2nd and 23rd meetings, and following further discussion, the following action was taken. 1 1 1 -4- Commissioner Helmer Engstrom introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 67-4 RESOLUTION APPROVING APPLICATION NO. 67008 113UBMITTED BY RED OWL STORES, INC. WHEREAS, Red Owl Stores Inc. has submitted Application No. 67008 requesting a variance from Section 35-330 of the City' s ordinances to permit erection of a freestanding sign on their property at 5425 Xerxes Avenue North; and WHEREAS, the Planning Commission has found in the past that hardship does in fact exist in relation to freestanding signery on commercial properties, due to the fact that the present zoning ordinance does not take into account this common and necessary type of business activity (freestanding signing) ; and WHEREAS, the Planning Commission, recognizing this d i" ciency in the present zoning ordinance, have studied the prob]Le% during the past several years, both during and after the community's "701" comprehensive planning study, and as a result of this study has developed and recommended to the City Council a proposed sign ordinance which the Commission feels is a proper and reasonable approach to the matter of signing, including freestanding signing; and WHEREAS, the Commission has continued to be presented with variance requests for freestanding signery in this period before the Council has had an opportunity to adopt an effective and reasonable Sign Ordinance, and in the absence of such an ordinance, has endeavored to avoid being arbitrary by applying the standards set out in the Commission' s proposed Sign Ordinance; and WHEREAS, the following standards of the Commission' s pro- posed Sign Ordinance are Especially pertinent to the instant application: 1. Individual detached establishments or enterprises, except drive-in establishments and motels, may have the following signs: b. One freestanding identification sign on each collector or arterial street the establishment abuts if the building is set back at least 50 feet from the street on which the sign is located, i i i I �! I �� y 4` / ... k � �. ,�� '. '. .. ,.j ,. y . . '1�4f+ I �t F �.. .1.' .. °. .� �. � Y x t"a . 1��'ir( .. '.i �� Mu'[' 6 r °, r �.1 � .t. ..err, -5- except when the establishment is part of an integrated development (in that case, Section 3 below applies) . The gross surface area of the sign shall not exceed two per cent of the gross first floor building area or 250 square feet, whichever is smaller, and it shall not extend more than 20 feet above street grade, provided, however, that the following maximum sign areas shall apply: Maximum sign area Maximum height of sign using the 2% rule in relation to sign areas 90 square feet 16 feet 130 square feet 17 feet 170 square feet 18 feet 210 square feet 19 feet 250 square feet 20 feet and; WHEREAS, the Commission, in accordance with the above- stated standards considers the Red Owl retail operation to be an "individual detached establishment or enterprise" for the purposes of this variance request; and WHEREAS, using the above-stated standards, this property would be permitted a freestanding sign 20 feet in height, and 250 square feet in area; and WHEREAS, although the applicant has endeavored to make a case for allowing him to 'have a sign greater in size than the Commission would ordinarily consider through application of the above standards by arguing that his sign should be made visible from Highway #100 to the southwest, the Commission finds that such an argument does not demand unusual treatment of this sign request; and WHEREAS, the Planning Commission finds that a hardship does in fact exist in the application of the present zoning regulations relating to signs to this property. NOW, THEREFORE, it is hereby recommended to the City Council that a freestanding sign be permitted on the property at 5425 Xerxes Avenue North, in accordance with the following conditions and restrictions: a) the sign shall not exceed 250 square feet in area and 20 feet in height, such height being measured from the finished floor grade of the Red Owl building to the uppermost point of the owl' s head on the sign, thereby excluding the sign' s structural elements above the owl' s head. The resolution was duly seconded by Commisssioner Robert Grosshans and upon a vote being taken, all voted in favor, whereupon said resolution was adopted. The Commission discussed the petition which had been deliverer to it relating to the possibility of a YMCA facility being located in the Northwest Service Area. The Commissioners voiced approval of this concept and indicated their approval by signing the petition requesting the Second Century Planning Committee to consider the Northwest Service Area as its location. Motion by Engstrom, seconded by Ausen, that the meeting be adjourned. The meeting adjourned at 9• P.M. Chai � r. _ °`;i.- �Tt t ..�. k, • �" a ir+r', ''� �y 9��! t `�Ci s.� __� 6 Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center in the County of Hennepin and State of Minnesota April 6, 1967 The Planning Commission met in regular session and was called to order by Vice Chairman Robert Grosshans at 7:45 P.M. Roll Call: Vice Chairman Robert Grosshans, Commissioners Adrian Dorenfeld, Vernon Ausen, Henry Bogucki and Paul Ditter were present. Motion by Bogucki, seconded by Ditter, to approve the minutes of the meetings of February 23rd and March 2nd, 1967. Motion carried unanimously., The first application to be considered was 0 2 PP No. 67 1 submitted by the Center Development Company. The application requested approval of the site plan of an apartment develop- ment, and a variance from 35-401 to permit a greater number of dwelling units on the property than is permitted by zoning regulations. In addition to these two requests, the applicant orally requested that approval also be granted to the building plans of the structures to be built on the apartment development site. The property involved in the appli- cation is Tract B of R.L.S. #1186, lying north of County Road 10 between Xerxes Avenue North and Shingle Creek. Mr. Chazin, and his Architect, Stanley Fishman, presented plans of the apartment project and explained them to the Commission and the audience. Following this presentation, a discussion ensued between the Commission and the applicant, and comments from the audience were solicited. Following the hearing on the matter, the following action was taken. Motion by Bogucki, seconded by Dorenfeld, that the following is the Planning Commission' s recommendation with regard to Application No. 670121 A. That the variance on density being requested in this application be denied in that it does not meet the standards for variance as set out in the City' s Zoning Ordinance; B. That the site and building plans submitted be approved, with the following stipulations, conditions, and alterations: 1) That the overall density of the apartment project does not exceed the standards set out in the Zoning Ordinance, which, given the site plan submitted (dated March 9, 1967), requires the deletion of 36 dwelling units; 2) That all open off-street parking areas having more than 6 parking spaces shall be effectively screened from any adjacent residential lots by a densely planted hedge : p 1 1 1 -t- at least 4 feet high or by a solid wall or solid fence at least 4 feet high. Such hedge, wall, or fence shall in no case exceed 6 feet in height. The screening shall not be within 15 feet of a street. ; 3) That a performance agreement and performance bond (the amount to be determined by the City Manager) be submitted to the City to guarantee the site improvements set out in the plans ;submitted, or required by Ordinance; 4) That the parking and driving areas as set s; out on the site plan dated March 9, 1967, shall be revised to conform to the City' s �« dimensional standards for parking and driving areas. 5) That the building plans be approved subject to the approval of the Building Inspector' s approval with relation to the applicable building codes. 6) No building permits are to be issued until satisfactory utilities plans have been approved by the City Engineer. Motion carried unanimously. The second application to be considered was Application No. 67013 submitted by Brooklyn Center Industrial Park, Inc. The application requested approval of the preliminary plat of "Brooklyn Plaza Addition" . The property within the proposed plat lies within the northwest quadrant of the intersection of 65th and Humboldt Avenues North. Mr. James Lushine of B.C.I.P. Inc. was present to describe the plat to the Commission. Following the hearing on the matter, and discussion of the plat with the applicant, the following action was taken. Motion by Dorenfeld, seconded by Ditter, to recommend to the City Council that the preliminary plat of "Brooklyn Plaza Addition" be approved as submitted, with the recognition that the zoning lines will be adjusted during the comprehensive rezoning to make the property within this plat entirely R5 zoning rather than the present R5 - 12 combination. Motion carried unanimously. The next application to be considered was No. 67014 submitted by Dale Embretson. The application requested approval of site and building plans for an apartment develop- ment on the northeast and southeast corners of the inter- section of 67th and Humboldt Avenues North. (Lots 3 and 4, Block 1, Lots 1 and 2, Block 3, Hi Crest Square Addition) Following discussion of the plans submitted with the applicant, the following action was taken. Motion by Ditter, 1 1 1 -3- seconded by Bogucki, to recommend to the City Council that the site and building plans submitted in conjunction with Application No. 67014 be approved with the following conditions: 1. That the building setback on Humboldt Avenue be no less than 50 feet; 2. That the building plans submitted are subject to the Building Inspector' s approval as to the applicable building codes; 3. That the performance agreement and performance bond (in an amount to be determined by the City Manager) be submitted to the City to guarantee the site improvements set out in the plans submitted, or required by ordinance. Motion carried unanimously. Mr. and Mrs. Elmer Langren appeared with reference to the next application, No. 67015. Mr. Langren, the operator of the Spur Station at 6830 Osseo Road, requested through the application that special use permission to store and rent trailers on the premises of the service station be granted. He noted that he had been made aware of the previous special use permit issued to the previous operator of the station, but that that permission had been limited to a maximum of three trailers. Following discussion of the application, the following action was taken by the Commission. Motion by Bogucki, seconded by Ditter, to recommend to the City Council that special use permission be granted for the storage and rental of trailers on the premises of the service station at 6830 Osseo Road with the following conditions: 1. That a maximum of 15 trailers at any one time be permitted; 2. That .the length of such permission is for a period of two years from this date; 3. That a maximum of three trailers be on display in the front portion of the service station property. Motion carried unanimously. The last application to be considered was No. 67016 submitted by Mr. Jerry Harrington, requesting approval of site and building plans for an apartment development in the southeast quadrant of the intersection of 65th and Camden Avenues North. The Commission discussed with the applicant the disparity between the type of development Mr. Harrington proposed and the type of development which the Commission and Council had approved in concept in the Comprehensive Plan. The Commission noted that the development might, in fact, be detrimental to the development of the area near 65th 1 1 1 -4- and Lyndale Avenues North. The applicant discussed the points raised with the Commission but asked that action be taken on the site and building plans submitted. Motion by Bogucki, seconded by Dorenfeld, to recommend to the City Council that the site and building plans submitted in conjunction with Application No. 67016 be approved as submitted with the following conditions: 1. That the building plans be subject to the approval of the Building Inspector with regard to the applicable building codes; .,�. 2. That a performance agreement and performance �1 bond (in an amount to be determined by the City Manager) be submitted to the City to guarantee the site improvements set out in the plans submitted, or required by ordinance. Voting in favor of the motion were Ditter, Dorenfeld, and Bogucki; voting against were Ausen and Grosshans. Motion carried. Mr. Ausen noted with reference to his negative vote that he believes the needs of the City are paramount to the needs of the individual developer and that the proposed apartment development would hinder the development of the 65th and Lyndale area. Mr. Bogucki noted that he would have made the motion to deny the application if he thought it could have been done legally. Motion by Dorenfeld, seconded by Bogucki, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 11:45 P.M. Chai 'Y �$ � _�F StEi Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center in the County of Hennepin and State of Minnesota_ April 27, 1967 The Planning Commission met in special session and was called to order by Chairman Robert Jensen at 7:35 P.Mo Roll Call: Chairman Robert Jensen, Vice-Chairman Robert Grosshans, Commissioners Paul Ditter, Henry Bogucki, Vernon Ausen, and Helmer Engstrom were present. The majority of the evening was spent in discussion of '- the possible development of a community walkway P lan, one of the goals of the Comprehensive Plan, and the possible implementation of such a plan if one were to be developed. Mr. VanEeckhout, the City Engineer, explained the probable cost of such a program, and some of the problems which might be encountered in installing a system of walkways. Following this discussion, Mr. Jensen appointed Mssrs. Bogucki and Ditter as a subcommittee to meet with the Engineer and develop a tentative plan for the Commission to study at a future study meeting. Mr. Jensen read a letter to the Commission which he had received from the "Friends of the Brooklyn Center Library" , Mrs. James A. MacKinnon, Secretary. The letter requested any historical information the Commission might have relating to Brooklyn Center, and also a brief history of the Commission itself. Mr. Jensen directed the Secretary of the Commission to respond to these requests. As there were no further items to be discussed, Mr. Bogucki moved, and Mr. Engstrom seconded, that the meeting be adjourned. Motion carried unanimously. Chairm 1 1 1 Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center in the County of Hennepin and State of Minnesota May 4, 1967 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 Adrian Dorenfeld, Helmer Engstrom and Henry Bogucki were present. Commissioners Grosshans and Ditter arrived during the meeting as noted. Motion by Bogucki, seconded by Dorenfeld, to approve the minutes of the regular meeting of April 6, 1967, and the special meetings of March 30, and April 27, 1967. Motion carried unanimously. The first application to be considered was a request by Mr. Robert Anderson (No. 67017) for a variance from Section 35-401 to permit construction of an attached garage less than the required five feet from the west property line of the property at 3207 - 63rd Avenue North (Lot 10, Block 2, Garden City 2nd Addition) . Mr. Anderson was present and discussed his request with the Commission. Mr. Jensen read a letter from the neighbor adjoining this property to the west at 3213 - 63rd Avenue north, Mr. and Mrs. Therriault, which stated no objection to a variance to the side yard setback requirements. Following further discussion on the matter by the Commission, the following action was ta?ten. Motion by Bogucki, seconded by Engstrom, that it is the finding of the Planning Commission that the standards for variance have been met by Application No. 67017, and it is hereby recommended to the City Council that a variance from Section 35-401 be permitted to allow construction of an attached garage on the existing home at 3207 - 63rd Avenue North, provided that the attached garage is no greater than 20 feet in width. Motion carried unanimously. The next application to be considered was No. 67018 submitted by James Lushine for Brooklyn Center Industrial Park, Inc. The application requested approval of the preliminary plat of "Brooklyn Plaza 1st Addition" , which plat consists of the former Earle Brown Farm. Mr. Lushine was present and discussed the proposed plat with the Commission, following which Mr. Poss and Mr. Van Eeckhout of the City Staff commented on the adequacy of the plat. It was noted that a request had been submitted to the City for vacation of James Avenue North between 65th and 69th Avenues North, but no action had yet been taken on the request. Motion by Engstrom, seconded by Dorenfeld, to recommend to the City Council that approval be granted to the preliminary plat of "Brooklyn Plaza 1st Addition" with the stipulation that James Avenue as presently dedicated for public street purposes between 65th and 69th Avenues North be shown on the plat unless a vacation of James Avenue North takes place prior to the recording of the final plat; if this is the case, it is 1 1 1 ti -2- suggested that James Avenue extend southward from 69th Avenue North to the south property line of the Berean Church property. Motion carried unanimously. The next application to be considered was No. 67023 sub- mitted by Mobil Oil Corporation. The application requested a special use permit and approval to permit construction of a service station at the southeast corner of the intersection of County Road 10 and Xerxes Avenue North (Tract A. R.L.S. #1151) . trtsrrs. Kneuffel and Severson, representatives of Mobil Oil, were present to discuss the application with the Commission. These gentlemen reviewed with the Commission the previous history of this property, including the Commission' s and Council' s previous approval of plans and special use permit for the station in 1965, culminating in the acquisition of a building permit which was never used due to problems in gaining access to County Road No. 10. Following this discussion, the following action was taken. Motion by Dorenfeld, seconded by Engstrom, to recommend to the City Council that, as the standards for the issuance of special use permits have been met by this application, approval be granted to the special use permit to build and operate a service station at the southeast corner of the intersection of County Road No. 10 and Xerxes Avenue North in accordance with the site and building plans submitted. Further, that the approval of the special use permit and plans being conditioned upon the following: 1) In the event that the rear driveway from the Brookdale parking lot should become a through- way, the City Council may require the driveway to be closed; 2) That a freestanding sign not exceeding 16 feet in height is approved as located on the site plan submitted; 3) That the approval of the building plans is contingent upon final approval of the Building Inspector as to applicable building codes. Voting in favor of the motion were Dorenfeld, Engstrom, Jensen, and Bogucki. Not voting was Mr. Grosshans who had arrived during the discussion of the application. Motion carried. Application No. 67019 submitted by Bermel-Smaby Realty, Inc. , was next heard. The application contained a request for rezoning from R1 (single family residential) to RB (residential- business) for the property at 6500 Osseo Road (Tracts B and C, Brooklane Addition) . Mr. Bermel and Mr. Sandstrom of Bermel- Smaby were present and explained what had transpired since the withdrawal of their original application for rezoning (67001) in relation to the possibility of combining their property with properties to the north or working in conjunction with property owners to the north. They noted that they had had no success in that direction. Following an extensive hearing on the matter including comments from those notified of the hearing, the following 1 1 1 (i -3- action was taken. Motion by Bogucki, seconded by Engstrom, to recommend to the City Council that approval be granted to the rezoning of Tracts B and C, Brooklane Addition, to RB with the understanding that such zoning shall be applied to the pro- perty following the removal of the present house on the property and submission of site and building plans for a new office building to be constructed on the property. Further, that following the Comprehensive Rezoning of the City, the RB zoning of this property shall become "C1-Office Zoning" . Voting in favor of the motion were Bogucki, Jensen, Engstrom, and rrosshans. Not voting was Mr. Ditter who had arrived during the discussion of the application. Motion carried. Mr. Larson of Brookdale Ford was present to represent the next application, No. 67020, submitted by Dayton Development Company. The application requested approval of the site and building plans of a commercial building to be constructed on the property at 2500 County Road 10 (Lot 1, Block 1, Brookdale First Addition) , such building to be used as an auto sale® office. Following discussion of the plans submitted, Engstrom moved and Grosshans seconded to recommend to the City Council that the site and building plans submitted in conjunction with Application No. 67020 be approved. Motion carried unanimously. The final application to be considered was No. 67022 submitted by Arkay Construction Company. The application consisted of a request for approval of the site and building plans for an addition to a commercial building (Northbrook Clinic) , located at 5840 North Lilac Drive. Following examination of the site and building plans submitted, Bogucki moved and Ditter seconded to recommend to the City Council that the site and building plans be approved, with the stipulation that screening around the parking area to the east of the Clinic be installed in accordance with the require- ments of the zoning ordinance. Motion carried unanimously. Chairman Jensen asked Mr. Dorenfeld to serve with Mr. Ditter and Mr. Bogucki on the sidewalk subcommittee that had been appointed at the meeting of April 27th, to which Mr. Dorenfeld agreed. Motion by Ditter, seconded by Dorenfeld, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 10:00 P.M. rm h a i 82 1 1 Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center in the County of Hennepin and State of Minnesota May 18, 1967 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, Commissioners Adrian Dorenfeld, Helmer Engstrom, Vernon Ausen, Henry Bogucki and Paul Ditter were present. Mr. Grosshans arrived later in the meeting as noted. The first application to be considered was No. 67025 submitted by James Wiensch of Wiensch Construction Company. The application requested approval of the preliminary plat of "Wiensch Addition" , and approval of site and building plans of a townhouse development to be built on property within Wiensch Addition. The property involved in the application is generally bounded by the following: Camden Avenue (extended) on the east; 65th Avenue on the south; the east property lines of the property on the east side of Bryant Avenue on the west; and 67th (extended) on the north. Mr. Wiensch and his architect, Mr. Miller, were present to discuss the proposed subdivision and plans with the Commission. Following an examination and discussion of the proposed plat and plans, the following actions were taken. Motion by Bogucki, seconded by Engstrom, to recommend to the City Council that the preliminary plat of "Wiensch Addition" be approved as submitted. Motion carried unanimously. Motion by Bogucki, seconded by Engstrom, to recommend to the City Council that the site and building plans for a townhouse development to be built on future Lot 1, Block 1, Wiensch Addition, be approved, with the following stipulations and conditions: 1. That opaque screening be provided along the west property line of the townhouse project except at the stub street of 66th Avenue North; such opaque screening to be in accordance with the standards of Section 35-710 as to the type and size of the screening devices; 2. That the 92 units shown on the plans are permissible in relation to the density standards of the Zoning Ordinance for the 11,37 acres in the property, but if there is question as to whether or not a variance is necessary due to the "rounding off" of 11.365 acres to 11.37 acres, the Council may indicate that one of the townhouse units be deleted= 3. That the interior curbing along parking and driving areas be of concrete construction; 4. Approval of the building plans submitted is contingent upon final approval of the building inspector as to applicable building codes; 1 1 1 r-2- 5. No building permits are to be issued until satisfactory utilities plans have been approved by the City Engineer; 6. That a performance agreement and performance bond (the amount to be determined by the City Manager) be submitted to the City to guarantee the site improvements set out in the plans submitted, or required by ordinance, the bond and agreement to be for a period of 30 months from the date of the issuance of the building permit; 7. The final plat of "Wiensch Addition" is to be recorded prior to issuance of building permits for the project. voting in favor of the motion were Dorenfeld, Engstrom, Ausen, Jensen, Bogucki, and Ditter. Not voting was Grosshans who had arrived during the discussion of the application. Motion carried. Application No. 67024 submitted by Roland L. Erickson was next considered. The application requested approval of the preliminary plat of property generally bounded by the following: Lyndale Avenue (T.H. #169) on the east; 69th Avenue on the south; Aldrich Avenue on the west; and 71st Avenue on the north. Following discussion of the proposed plat, the following action was taken. Motion by Dorenfeld, seconded by Ditter, to recommend to the City Council that the preliminary plat submitted by Roland L. Erickson in conjunction with Application No. 67024 be approved with the addition of a 36 foot wide street and utilities easement along the east side of Blocks 1 and 2, where they abut Trunk Highway No. 169. Motion carried unanimously. The last items to be considered were Applications No. 67026 and 67027, requesting, respectfully, approval of the preliminary plat of "Twin Lake North Addition" and rezoning from R1 (single family residential) to R3 (townhouse) and R5 (walk-up - 2� story) . Both applications involved the property generally bounded by the following; 60th Avenue (extended) ; the west lot lines of the properties on the west side of June Avenue; 58th Avenue (County Road No. 10) ; and the west City limits. Mr. Darrel Farr, the developer of a proposed townhouse and apartment project on the property, and his architects, Msrrs. Hysel and Baldwin, were present to present the applications to the Commission. Following a lengthy hearing during which comments were solicited from the applicant and those persons notified of the hearing, the following actions were taken. Motion by Bogucki, seconded by Dorenfeld, to close the public hearings on Applications 67026 and 67027. Motion carried unanimously. Motion by Dorenfeld, seconded by Ditter, to table appli- cation No. 67026 and 67027, and take them under advisement for discussion at the Commission's study meeting, with the proviso that notification of the Commission' s recommendation on the OL 1 1 1 -3- applications and the date of the Council' s hearing of the matter be mailed to the persons notified of tonights hearing. Motion carried unanimously. Motion by Bogucki, seconded by Grosshans, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 11:30 P.M. 7 Chai 1 1 1 Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center in the County of Hennepin and State of Minnesota _ May 25, 1967 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 Vernon Ausen, Henry Bogucki, Helmer Engstrom, Adrian Dorenfeld, and Paul Ditter were present. Chairman Jensen opened the meeting to consideration of Applications 67026 and 67027 which had been tabled at the Commission' s May 18th meeting, following the holding of public hearings on the Applications. Application 67026 requested approval of the preliminary plat of "Twin Lake North Addition" , and Application 67027 requested rezoning of the property within the subdivision from R1 (single family residential) to R3 (townhouse) and R5 (walk-up apartments) . The property involved in these applications is generally bounded by the following: 60th Avenue (extended) ; the west lot lines of the properties on the west side of June Avenue; 58th Avenue (County Road No. 10) ; and the west City Limits. The Commission discussed the information received on the May 18th meeting relating to these applications, and examined the requests in light of this information and in relation to the Comprehensive Plan and planning principles. Following lengthy discussion of the requests, the following actions were taken. Motion by Bogucki, seconded by Ausen, to recommend to the City Council that approval be granted to the preliminary plat of "Twin Lake North Addition" as submitted by Darrel Farr in Application No. 67026. Motion carried unanimously. Motion by Bogucki, seconded by Ausen, to recommend to the City Council that approval be granted to Application No. 67027 submitted by Darrel Farr, rezoning the property contained within the proposed "Twin Lake North Addition" from Rl (single family residential) as follows: a) Outlot 1 to be R3 (Townhouse) ; b) Outlot 2 to be R5 (Walk-up Apartments) . Motion carried unanimously.. Mr. Van Eeckhout discussed a possible sidewalk instal- lation program with the Commission. Chairman Jensen received a letter of protest to the Farr applications acted upon previously in the evening from Mrs. Braun of 5825 June Avenue for placement in the files. The Commission discussed its actions on the applications with Mrs. Braun. Motion by Engstrom, seconded by Dorenfeld, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 10.30 P.M. (;U (0 Chaff a t �' L {� 101 Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center in the County of Hennepin and State of Minnesota June 1, 1967 The Planning Commission met in regular session and was called to order by vice Chairman Robert Grosshans at 7:35 P.M. Roll Call: vice Chairman Robert Grosshans, Commissioners Henry Bogucki, Vernon Ausen, Helmer Engstrom, and Adrian Doren- feld were present. Mr. Ditter arrived during the meeting as noted. The first application to be considered was No. 67028 submitted by Inter City Builders (for Thomas Kotten) requesting a variance from Section 35-401 to permit construction of an attached garage less than the required five feet from the west side property line at 1306 - 72nd Avenue North. Mr. Thomas Kotten, owner of the property, was present, and explained to the Commission that he wishes to build a 22 foot wide garage which would be four feet from the side lot line at its front, and five feet at its rear. Following discussion of the application, the following action was taken. Motion by Bogucki, seconded by Dorenfeld, that it is the finding of the Planning Commission that a hardship would in fact result if the setback requirement of the zoning ordinance were strictly applied in this instance, as the side lot lines of the property in question diverge from south to north, rather than being parallel. It is therefore recommended to the City Council that a variance from Section 35-401 be granted, and a four foot setback be permitted along the west property line for the construction of an attached garage on the home at 1306 - 72nd Avenue North. voting in favor of the motion were Bogucki, Grosshans, Engstrom, and Dorenfeld. Not voting was Ditter, who had arrived during the discussion of the application, and Mr. Ausen. Motion carried. The next application to be considered was No. 67029 submitted by William J. Heidelberger, which application requested special use permission to construct a duplex dwelling at 5350 - 5354 Dupont Avenue North. Following discussion of the application between Mr. Heidel- berger and the Commission, the following action was taken. Motion by Ditter, seconded by Engstrom, to recommend to the City Council that special use permission be granted for the construction of a duplex dwelling on the property at 5350 - 5354 Dupont Avenue North, in that the request meets the standards for special use permits set out in the zoning ordinance, and also in light of the fact that the proposed zoning for the area is an "R2" classification which would allow duplex dwellings as permitted uses. Motion carried unanimously. Motion by Bogucki, seconded by Dorenfeld, to approve the minutes of the regular meeting of May 4, 1967, and the special meetings of May 18th and 25th, 1967. Motion carried unanimously. Following further discussion of miscellaneous matters of interest to the Commission, member Dorenfeld moved and Ditter seconded that the meeting be adjourned. The motion carried unanimously. The meeting adjourned at 9:30 P.M. Chairman m �.�} Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center in the County of Hennepin and State of Minnesota June 22, 1967 The Planning Commission met in special session and was called to order by Vice Chairman Robert Grosshans at 7:45 P.M. Roll Call : Vice Chairman Robert Grosshans, Commissioners Vernon Ausen, Paul Ditter and Henry Bogucki were present. The first application to be considered was No. 67030 sub- mitted by Harry F. DeZiel of United Land, Inc. , requesting rezoning of the property at 6236 Osseo Road (Parcel 5050, Plat 89100) , from its present R1 Single Family Residential classifi- cation to B2 Regional Business zoning. Mr. DeZiel and a Mr. Ivan Lundstrom of James Refrigeration Company were present to discuss with the Commission the requested rezoning. They related to the Commission that the P.D.Q. Food Store Chain was interested in locating one of its retail stores on this property and that the James Refrigeration Company was the supplier of the equipment within these stores, hence their interest in the rezoning request. The Chair called for comments from those notified of the hearing and received both oral comments from those persons present and written comments from those persons not in attendance. Further discussion on the application ensued, culminating in the following action. Motion by Bogucki, seconded by Ditter, to recommend to the City Council that the rezoning of the property at 6236 Osseo Road (Parcel 5050, Plat 89100) from Rl Single Family Residential to B2 Regional Business be denied, and for the following reasons,. 1. The commercial retail uses which would be permitted by the requested B2 zoning classification would not be in keeping with the planning goals of the City for the Osseo Road, as stated in the City's Comprehensive Plan, which goals were developed to safeguard the health, safety, and welfare of the community. 2. The singular development of this or any other similarly sized parcel is considered by the Commission to be a piecemeal manner of redevelop- ment and would, in many instances, preclude the accomplishment of the City's avowed development goals for the Osseo Road. Motion carried uanimously. Grosshans Mr. noted for those present that this application would appear on the City Council's agenda of July 24, 1967, as the applicant had stated that he would be unable to be in attendance at an earlier meeting. 1 1 1 145 -2- The next application to be considered was No. 67031 sub- mitted by Richard Cameron. The application requested two variances from the requirements of the zoning ordinance, the first being from Section 35-601, to permit the use of a platted lot less than 70% of the size normally required by the ordinance; secondly, a variance was requested from Section 35-401 to permit the construction of a house on the property with a lesser side yard setback than is required by the zoning ordinance. The Commission discussed the variance request with Mr. Cameron, and as there were no persons present who had been notified of the hearing, the reading of the list of property owners was dispensed with by the Chair. Motion by Ditter, seconded by Bogucki, to recommend to the City Council that the necessary variances be granted to Mr. Richard Cameron for the property at 5444 Humboldt Avenue North (Lot 26, Block 2, Fairhaven Park Addition) as contained in Application No. 67031, to utilize the property for the construction of a single family home, the variances being required to permit the usage of the lot of a size less than 70% of the size required by the present ordinance and a variance to permit a sideyard setback along the north property line to be 5 feet rather than the 10 feet normally required, the reason for granting these variances being that the imposition of the strict requirements of the zoning ordinance upon the usage of this lot for single family dwelling purposes would in fact be an undue hardship on the ownez of the property. Motion carried unanimously. The last application to be considered was No. 67032 sub- mitted by Sipe Bros. Inc. The application requested approval of the site and building plans of alterations and additions to the existing Texaco Service Station at 6810 Osseo Road. Mr. William Sipe of Sipe Bros. Inc. and Mssrs. Walter Sargent and Russell Maloney of Texaco were present to discuss the plans with the Commission. A lengthy discussion of the proposed changes ensued between the Commission and the applicants. Following this discussion the following action was taken. Motion by Ausen, seconded by Bogucki, to approve the site and buildings plans as submitted with Application No. 67032 ( with changes as noted) for the alterations and additions to the Texaco Service Station at 6810 Osseo Road, with no approval to be granted to freestanding signery on the property, and further, with the understanding that the existing freestanding sign which overhangs the public right-of-way will be removed. Motion carried unanimously. Motion by Ausen, seconded by Ditter, that the meeting be adjourned. Motion carried uanimously. The meeting adjourned at 10;55 P.M. r) o hairm 1 1 1 a Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center in the County of Hennepin and State of Minnesota July 6, 1967 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 Henry Bogucki, Helmer Engstrom, and Paul Ditter were present. Also present were Director of Public Works Charles Van Eeckhout, and Richard Cihoski, Secretary to the Commission. The first item to be discussed was Application No. 67034, submitted by Edward and Lois Bergerson. The application requested a variance from Section 35-315 to permit the erection of signs on the premises of an R-B Zoned property in excess of the size permitted, the property in question being at 7006 Osseo Road. Mr. and Mrs. Bergerson and Mr. Richard Rocksted (of Lowry Realty) were present to discuss the application with the Commission. Mr. Rocksted noted that he was in the process of purchasing the property for use as a real estate office, the property presently consisting of a b me with an attached garage, which garage would be removed at a later date. He noted also that at some later date he would be interested in a free standing sign for the property, which also was not permitted by the existing sign regulations, but which would be permitted in the future by the proposed sign ordinance. For the present, however, he noted that he was interested in having two wall signs on the building, and that he had designed the signs with the idea in mind of complying with the requirements presently set out in the proposed sig4 ordinance; that of the sign area being no more than 10 per cent of the wall area of the wall on which it is attached. Mr. Jensen noted to the applicants that although the present zoning; R-B, would permit the office use to which they were planning to put the property, the future zoning proposed by the Commission to the Council was for R-5 multiple selling. Mr. Bergerson noted that the property had been purchased with full knowledge of the existing zoning, and it's potential uses, and at the time of purchase it was their intention to utilize it for the uses permitted within the zone. Mr. Jensen noted that the existing sign regulations for this zone were extremely restrictive, and this had been acknowledged by the Commission in recommending a larger type of signing for office uses. Since the proposed zoning would not include the presently permitted use however, he suggested that if a variance were to be granted to a greater size signing, perhaps it should have time limitation so that it could be reviewed In the future in line with the future zoning, when adopted. Mr. Ditter noted that the applicants did have the proper zoning for the office uses, and that the Commission had indeed recognized the restrictiveness of the existing sign regulations in proposing more liberal signing in the proposed sign ordinance. Motion by Grosshans, seconded by Engstrom to recommend to the City Council that the variance requested in Application No. 67034, to permit the erection of two wall signs, neither sign being greater in area-than 10 per cent of the area of the wall on which it is placed be approved for the property at 7006 Osseo Road, in that undue hardship would in fact result if the existing sign regulations were strictly applied to this commercial office use. Motion carried unanimously. The next application to be considered was Application No. 67035 submitted by Norman Chazin of Homedale Builders. The application requested approval of the site and building plans of a proposed apartment development on the property in the northwest quadrant of the intersection of 65th and 230 1 z - 2 . Humboldt Avenues North. During discussion of the proposed project with the applicant's representative, architect Stanley Fishman, Mr. Fishman indicated to the Commission that he would like to have the Commission's preliminary approval of the preliminary plans being submitted, with further refined site plans (including landscaping plans) and detailed building plans to be submitted in the near future. Following a lengthy discussion of the proposed project between the Commission and Mr. Fishman, the following action was taken. Motion be Henry Bogucki, seconded by Paul Ditter to recommend to the City Council that the site plans dubmitted (with minor dimensional corrections) be approved, in principle, as submitted, with finalized site and building plans to be submitted at a future date, at which time a performance agreement and a performance bond would be set for the protect. Motion carried unanimously. The Commission next considered Application No. 67036 submitted by Iten Chevrolet, requesting approval of the site and building plans of additions and alterations to the commercial establishment at 6701 Osseo Road. Mr. Joe Iten and architect Dick Shane were present to discuss the plans with the Commission. Motion by Ditter, seconded by Engstrom, to recommend to the City Council that the site and building plans submitted be approved, with the following stipulations; 1. That approval of the building plans submitted is contingent upon final approval of the building inspector as to applicable building codes; 2. That a performance agreement and performance bond (the amount to be determined by the City Manager) be submitted to the City to guarantee the site improvements set out in the plans submitted. Further, that it is the understanding of the Commission that the additional land being acquired and becoming a part of the Iten Chevrolet site shall be incorporated into the Iten site by appropriate subdivision as soon as is practicable. Motion carried unanimously. Motion by Paul Ditter and seconded by Henry Bogucki to approve the minutes of the meetings of June 1 and June 22, 1967. Motion carried unanimously. Motion by Elmer Engstrom and seconded by Henry Bogucki that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 10;25 P.M. Chairm 1 1 1 205 7 Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center in the County of Hennepin and State of Minnesota August 3, 1967 The Planning Commission met in regular session and was called to order by Chairman Robert Jensen at 7:32 P. M. Roll Call: Chairman Robert Jensen, Vice-Chairman Robert Grosshan, Commissioners Henry Bogucki, Vernon Ausen and Paul Differ were present. Mr. Engstrom arrived later in the meeting, at 8:40 P. M. , as noted below. Also present were Director Of Public Works Charles Van Eeckhout, and Richard Cihoski, Secretary to the Commission. The first application to be considered was Application No. 67033, submitted by Mrs. Vergil Schafbuch and Mr. L. H. Haug. The application requested rezoning of the properties at 7015 and 7019 Osseo Road (Parcels 2800 and 3000 Aud. Sub. #57) from the present R-1 (Single Family Residence) and R-B (Residence-Business) zoning to an R-5 (Multiple Family Residence) classification for the entire property. Mrs. Schafbuch and her real estate agent, Mr. Oleston were present to discuss the proposed rezoning with the Commission. Chairman Jensen reviewed the history of the comprehensive planning and rezoning study the Commission had made with regard to the properties in the vicinity of 70th and Osseo Road. He noted that the existing zoning on these and adjacent properties was split between two zones, R-B and R-1, and that this type of situation had been recognized by the Commission as undesirable, and that zoning should follow the lot lines. Hence the Commission'. previous recommendation that this property be zoned for C-1 office uses. He commented further, however, that the Commission had always considered the C-1 office uses and R-5 multiple dwelling uses to be approximately equal in intensity of land use. Following Mr. Jensen's comments, other members of the Commission made similar comments, with the general consensus being that the Commission would prefer to see a "package" development of the two properties involved in this application as well as vacant properties to the North which apparently are under the ownership of Mr. Dorn. Commenting with the regard the suggestion of combining into a package development, both Mrs. Schafbuch and her agent, Mr. Oleston, agreed that this would be a better type of development, and that they would like to withdraw the application for re- submittal at a later date, following further discussion with Mr. Dorn. Several other persons notified of the hearing made comments with regard to the requested rezoning. Motion by Bogucki and seconded by Ditter to permit the withdrawal of Application No. 67033 at the request of the applicant for possible re-submittal at a later date. Motion carried unanimously. The next application to be considered was Application No. 67037 submitted by Brooklyn Center Industrial Park Inc. The Application requested rezoning for the property of 6501 Humboldt Avenue North, from its present R-5 (Multiple Residence) classification to 11-2 (Regional Business), Mr. Lushine, of B.C.I.P. , and three other gentlemen associated with him were present to discuss the matter of rezoning contained in this application and also a request for a special use permit for a service station on the property as contained in Application No. 67038. Mr. Lushine recalled his previous request for rezoning and a special use permit, for a service station on this property during 1966. (Mr. Engstrom arrived at this point in the discussion) He noted that the conditions related to this property had changed substantially since the time of his previous request, in that the former Brown Farm Area had been incorporated into a subdivision, a part of which was the property in the northwest quadrant of Humboldt and 65th, divided into two parcels of which one was a corner lot - 2 2,63 (the subject of this application) and the other was a multiple dwelling site. With regard to the multiple dwelling site, he stated that Mr. Norman Chazin of Homedale Builders had purchased the property and intended to proceed with development of the land for multiple dwelling purposes, thereby eliminating one of the concerns previously voiced by the Commission and Council, that commercial zoning could possibly drift northward along Humboldt Avenue if the corner of 65th and Humboldt was zoned commercially. The Commission then commented on the requested rezoning, and asked for further clarification of several points by the applicants.Following this discussion., the following action was taken. Motion by Grosshans and seconded by Bogucki to table Application No. 67037 until the Commission's meeting of August 10th, to provide the City Attorney an opportunity to prepare a resolution approving the requested rezoning to a B-2 (General Business) classification. Further, that the hearing on the matter of the special use as requested in Application No. 67038 shall also be deferred until the meeting of August 10, 1967. Motion carried unanimously. Application No. 67041 submitted by Twila Donley was next heard. A variance request, the application sought permission to erect a freestanding sign on the property at 6045 Osseo Road, presently zoned R-B and being used as a beauty shop. Both Mr. and Mrs. Donley were present to explain their request to the Commission. They explained that identification for the property was very necessary to the success of their business and referred to a drawlAg of the sign which they would erect if given permission by the Commission and Council. Following further discussion of the sign and its relation to both the existing sign regulations and the proposed sign ordinance, the following action was taken. Motion by Ditter and seconded by Grosshans to recommend to the City Council that approval be granted to a freestanding sign on the property at 6045 Osseo Road provided that it meet the following conditions and stipulations: 1. That the area of the sign be no greater than 36 square feet; 2. That the sign be set back from the Osseo Road right-of-way line a minimum of 10 feet; 3. That the overall height of the sign be no greater than 8 feet; 4. That the sign be kept away from 61st Avenue by placing the sign in line with the north side of the building on the property; 5. That the sign be non-flashing; the reason for the granting of this variance being that the existing zoning regulations do not provide for this commonly accepted type of signery, and therefore, the imposition of these regulations with regard to this property would be an undue hardship on the property owner. Motion carried unanimous. The last Application to be considered was No. 67039 submitted by Lawrence Sign Co. on behalf of Northern States Power. The application requested permission to erect a freestanding sign on the B-3 zoned property at 4501 68th Avenue North, the location of Northern States Power's North Service Center. The applicant, Lawrence Sign Co, , was not present, but Mr. Jerry Lohmar of Northern States Power requested that the Commission take action on the sign request. Following the discussion of the sign as proposed ,on drawings submitted to the Commission by the applicant, the following action was taken. Motion by Engstrom and seconded by Bogucki to recommend to the City Council that approval be granted to a freestanding sign on the property at 264 _ 3 _ 265 4501 68th Avenue North, with the following conditions and stipulations: 1. That the sign be installed at the position indicated on the plans submitted; 2. that the sign be non-flashing; 3. that the sign not exceed 16 feet in height-; 4. that the area of the sign not exceed 36 square feet in area; the reason for the granting of this variance being that the existing zoning regulations do not provide for this commonly accepted type of signery, and therefore, the imposition of these regulations with regard to this property would be an undue hardship on the property owner. Voting in favor of the motion were: Ditter, Bogucki, Jensen, Ausen, and Engstrom; not voting was Grosshans. Motion carried, Motion by Grosshans and seconded by Ditter that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 9:57 P. M. Chairman Jensen reconvened the meeting at 10:25 P.M. with all present as noted previously. Mr. Jensen read a letter from the State Planning Agency for the State of Minnesota requesting that the Commission allow a representative of the State Planning Agency to attend one of the meetings of the Commission to discuss the Commission's activity since the "701" Study of 1963-1965. The letter noted that the meeting with the Commission would be a part of a "follow up" survey program by the State to determine the effect of Federal Planning Aid. Following discussion with the members of the Commission, the Chairman set August 31, 1967 as the evening on which the Commission would meet with the representative of the State Planning Agency, and directed the Secretary to inform the State Agency of the time and date of that meeting. Mr. Bogucki then brought up the subject of the possibility of the Commission entering into a study of Drive-In establishments, including a review of their changing types of merchandising, size of sites, effect of these uses on residential uses, including multiple dwelling uses, their ancilliaiy. USHo such as used car sales, trailer rentals, ice and milk sales, and so on, with a possibility of a moratorium being established on construction of new Drive-ins and service stations within the City until the Study could be completed. Following discussion of this suggestion, the consensus of the Commission was that Mr. Bogucki should contact the City Attorney to determinewhat, if any, legal power the City has in relation to the establishment of moratorium on the construction of new Drive-In establishments. Motion by Engstrom and seconded by Ausen that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 10:45 P. M. Cha n 266 Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center in the County of Hennepin and State of Minnesota August 10, 1967 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 Henry Bogucki, Paul Ditter and Helmer Engstrom were present. Also present was Charles Van Eeckhout, Director of Public works, who acted as secretary for this meeting. The first application to be considered was Application No. 67040 submitted by Robert Keller for the Keller Invest- ment Company. The application requested rezoning from R-1 (single family residence) to R-5 (multiple residence) for the property bounded by 65th Avenue, Camden Avenue, 64th Avenue (extended) , and Bryant Avenue North. The application also requested approval of site and building plans for the property. Mr. Dolan, the engineer for the developer, made a pre- sentation to the Commission and audience. He stipulated that no traffic would enter onto Bryant Avenue from the development, and that he further would provide a minimum of 100 feet of green area between the closest building and his westerly property line. Mr. Jensen opened the public hearing and the residents were called upon by him for their comments. After receiving comments from those in attendance, a motion was made by Henry Bogucki, seconded by Helmer Engstrom, to close the public hearing. Motion carried unanimously. Mr. Bogucki then expounded at length, quoting the Comprehensive Plan which envisioned the development of the entire area to the south of new 66th Avenue and west of Camden Avenue as being used for walk-up apartment type develop- ment with the exception of a strip of land along Bryant Avenue to be put to single family or duplex use as a buffer. However, the wide green area, as proposed by the developer, should provide an adequate and compatible buffer area to protect the single family residents from the undesirable effects of this higher use. Mr. Jensen then elaborated on Mr. Bogucki's remarks and felt that the use of this property for R-5 classification was proper and reasonable, but that every effort must be made to adequately protect the residents from any detrimental effect this might have on their property. A motion was made by Mr. Bogucki, seconded by Mr. Grosshans, to rezone the present R-1 single family residence area as above described to R-5 multiple residence. Motion carried unanimously. Mr. Jensen informed the people that this application would be presented to the City Council at 8:00 P.M. on August 14th. '"% i7 -2- The second application, No.67037, was next considered. The application, submitted by Twin City Inter-change Park, was tabled at the August 3rd meeting to allow time for preparation of a draft resolution recommending the approval of the request for rezoning from R-5 (multiple residence) to B-2 (regional business) , for the property located at 6501 Humboldt Avenue North (Lot 2, Block 1, Twin City Interchange Park Addition) . The draft resolution was reviewed by the Planning Commission, and after a short discussion, during which slight modifications were made, Mr. Grosshans introduced the following resolution and moved its adoption: Planning Commission Resolution No. 67-5 RESOLUTION RECOMMENDING APPROVAL OF APPLICATION NO. 67037 SUBMITTED BY JAMES LUSHINE FOR BROOKLYN CENTER INDUSTRIAL PARK INC. WHEREAS, Mr. James Lushine, a principal in Brooklyn Center Industrial Park, Inc. , has submitted Application No. 67037 requesting rezoning of the property at 6501 Humboldt Avenue North (Lot 2, Block 1, Twin Cities Interchange Park Addition) from its present R-5 Multiple Residence zoning classification to B-2 Regional Business; and WHEREAS, the Planning Commission has reviewed the request for rezoning at a public hearing held, pursuant to published and mailed notice, on August 3rd and 10th, 1967, considering all factors relating to the requested rezoning, especially with relation to its effect on overall planning for the City, with which the Planning Commission is charged; and WHEREAS, the Planning Commission did adopt in 1966 a Comprehensive Plan relating to the future use of land within the City of Brooklyn Center, which Plan included the recommendation that the property included within this Appli- cation be put to multiple residence use; and WHEREAS, during the development of the Comprehensive Plan, the former "Earle Brown Farm" , an area of open agri- cultural use of which the subject parcel is a part, was envisaged as a future "Industrial Park" development by the City, even though the actual development of it to such usage seemed quite distant and tentative, and, due to this uncer- tainty, the traditional concept of a Comprehensive Plan as a general statement of policy has been accentuated in the "Industrial Park" area, due to uncertainty as to what specific types of development are most logical and feasible for the area; and WHEREAS, since the adoption of the Comprehensive Plan, the "Farm" has come to be owned by land developers who are proceeding to develop the area into an industrial-commercial- residential complex, much in accord with the City's original conception of its development, but naturally, with some deviation based on more appropriate use of land in certain specific instances; i.`,d�., `.9J+q, /,i J I z 'A -3- NOW, THEREFORE, the Planning Commission makes the following findings: 1) The recent platting of the Industrial Park has provided a roadway width of 100 feet on 65th Avenue to the west of Humboldt Avenue lying immediately to the south of this site. It is expected that this roadway would become one of the major entrances into the Industrial Park area, resulting in a great deal of traffic, including truck traffic making turns, stopping, acceleration and deceleration movements at this intersection, which activity would be detrimental to any multiple residential uses which could be established on this property in accord with the R-5 zoning now in effect. 2) The proposed zoning to B-2 Regional Commerce is in actuality an extension of intensive zoning to the south and west, even though the actual zoning class- ification to the south and west is for industrial rather than for commercial purposes. 3) The applicant has indicated that the future use of this property would be as an automotive service station, provided that necessary permission was granted by the City. It is felt that there is a need for commercial activity of this type in this immediate area, given the existence of the high school immediately across Humboldt Avenue, the future existence of multiple residences to the north, and the future development of industrial activity to the west, all of which, it would seem, would have a need for this type of facility. 4) The rezoning to a commercial classification in our judgement will not have a detrimental effect on existing homes to the southeast across Humboldt Avenue or soon-to-be constructed residential uses to the north, the homes being removed from this site by a substantial distance, and the future apartment development in fact being screened from future 65th Avenue by this commercial site. Thus, based on these findings, the Planning Commission of the City of Brooklyn Center hereby recommends to the City Council that the rezoning to B-2 Regional Business as requested in Application #67037 for Lot 2, Block 1, Twin Cities Interchange Park Addition, be granted. The Resolution was duly seconded by Mr. Ditter, and upon a vote being taken, all voted in favor, whereupon said Resolution was adopted. The next application, No. 67038, to be considered was that of Twin Cities Interchange Park for a special use permit, including plan approval for an automotive service station on the property at 6501 Humboldt Avenue North (Lot 2, Block 1, Twin Cities Interchange Park Addition) . This application was tabled at the meeting of August 3rd. The applicant made a presentation showing a colonial type building and a revised site plan which allowed adequate room to install a right turn lane on Humboldt Avenue for traffic coming from the north, entering the industrial area to the west of Humboldt Avenue. This plan was then reviewed ��.4�.' -4- by the Commission, and after considerable discussion, a motion was made by Mr. Bogucki, seconded by Mr. Grosshans, to recommend to the City Council that the special use permission, including site plan approval, be granted, subject to the following conditions: 1) That a bond in the amount to be determined by the City Manager be posted for the site improvements; 2) That a driveway arrangement be worked out that complies with our ordinances and has the approval of the City Engineer; 3) That the City retain, by written agreement, the right to close or modify the southerly driveway off Humboldt Avenue at its discretion without reason or without compensation to the affected property; 4) That the signing be in accordance with the proposed sign ordinance; 5) That a 17 foot easement be granted for roadway and sidewalk purposes along the east side of the property; and 6) That the dirveways be installed so as to be compat- ible with future street and sidewalk construction. The motion carried unanimously. The applicant was informed that the application would be presented to the City Council on Monday, August 14th, at 8:15 P.M. The next item discussed was a report of the Sidewalk Sub-committee. Mr. Bogucki reported that after considerable study and discussion, he felt that the sidewalk program had been delayed too long and he felt strong, immediate action was needed, and suggested that a resolution be presented to the Council by the Planning Commission members in person. The Planning Commission felt that this was a good idea, and the following resolution was then introduced by Mr. Engstrom: Planning Commission Resolution No. 67-6 RESOLUTION RECOMMENDING IMMEDIATE INITIATION OF A SIDEWALK CONSTRUCTION PROGRAM WHEREAS, the Comprehensive Plan for Community Develop- ment recommends that sidewalks and walkways be provided for strategic areas within the City, and further recommends the initiation of a location, maintenance and financing study; and WHEREAS, a comprehensive sidewalk system is needed by the City for reasons of pedestrian safety, recreational benefit, pedestrian convenience and aesthetic considerations; and WHEREAS, the initiation of the construction of the sidewalk system has been delayed too long. 1 1 1 -5- BE IT RESOLVED to recommend to the City Council of the City of Brooklyn Center to irrevocably commit themselves immediately to the initiation of a sidewalk construction program and direct the staff to prepare a complete report of a proposed program to include a comprehensive sidewalk system. BE IT FURTHER RESOLVED that the City-wide benefit of the program be realized and that the funds to finance this program be derived on a City-wide basis. BE IT FURTHER RESOLVED to schedule the program so as to fund and construct a token portion during the 1968 construction season, and a full portion during the 1969 construction season. Motion by Mt. Ditter and seconded by Henry Bogucki that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 11:35 P.M. Chai 411 Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center in the County of Hennepin and State of Minnesota August 31, 1967 The Planning Commission met in special session and was called to order by Chairman Robert Jensen at 7:30 P.M. Roll Call: Chairman Robert Jensen, Vice Chairman Robert Grosshans, Commissioners Paul Ditter, Henry Bogucki, Vernon Ausen and Helmer Engstrom were present. The only item of regular business to be considered this evening by the Commission, Application No. 67043. submitted by Robert Brennan, was the first item of business. Mr. Brennan was present to represent the application, which requested a C'I variance from Section 35-310 of the City zoning ordinance to M allow the construction of an accessory building in excess of the 660 square foot maximum permitted, on his property at . 3718 Woodbine Lane. He explained to the Commission that his desire to have a roofed-over patio alongside his 22' x 24' garage had necessitated the variance request. Following discussion of the request between Mr. Brennan and the Commission, the Commission discussed their previous actions and recommendations with reference to primary and accessory buildings, noting that on October 27, 1966, a variance had been granted to Mr. Walter Skinner, in conjunction with Application No. 66068, following general agreement to the idea that future regulations of accessory buildings should prohibit the erection of any accessory building greater than 75% of the area of the primary building on the property. Subsequent to this discussion, the following action was taken. Motion by Ausen, seconded by Grosshans, to recommend to the City Council that a variance be granted to Robert Brennan to permit erection of a 22' x 24' garage and an attached 10' x 22' patio area, both under a single roof, on the property at 3718 Woodbine Lane, which structure would exceed the maximum 660 square feet of area as set out in Section 35-310 of the City' s Zoning Ordinance. The Commission finds, with relation to this application that the Zoning Ordinance does not recognize a popular and acceptable type of residential construction - the garage/patio combination, and that an undue hardship would in fact exist if the requirements of the Zoning Ordinance were to be strictly applied. Motion carried unanimously. At this point in the meeting, Mr. Richard Schieffer, newly appointed City Attorney, appeared at the meeting and was introduced to the members of the Commission. Mr. Bogucki discussed with the Commission his interview earlier in the day with Mrs. Gustafson, reporter- for. the Brooklyn Center Press, with relation to the Commission' s interest in supporting a program of pedestrian walkways throughout the City, noting that the article based on the interview would appear in the Brooklyn Center Press on September 7, 1967. -1- I fig= Mr. Robert Eidem, Community Planner with the State Planning Agency, arrived to discuss with the Commission the effectiveness of the "701" Federal planning program and the activities of the Commission since the completion of the program in August of 1965. He stated that the results of his discussion with the Commission would be embodied in a report to the Federal Government as a "follow-up" to the "701" program adminstered by the State of Minnesota. The remainder of the meeting was spent in discussion with Mr. Eiden. Motion by Engstrom, seconded by Ausen, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 10:25 P.M. cell, M Chairm L �<�. �I �i 63 Minutes of the Proceedings of the - Planning Commission in the City of Brooklyn Center in the County of Hennepin and State of Minnesota September 7, 1967 The Planning Commission met in regular session and was called to order by Vice-Chairman Robert Grosshans at 7:35 P.M. Roll Call: Vice-Chairman Robert Grosshans, Commissioners Adrian Dorenfeld, Helmer Engstrom, Vernon Ausen, Henry Bogucki 4 and Paul Ditter were present. Motion by Bogucki, seconded by Ditter, to approve the minutes of the regular meeting of August 3, 1967, and the special meetings of August 10 and 31, 1967. Voting in favor were Bogucki, Ditter, Grosshans, Ausen and Engstrom. Not voting was Dorenfeld. Motion carried. �++ The first application to be considered was No. 67044 submitted by Dwight Sundeen and Walter Kukich, requesting a rezoning from Rl (Single Family Residence) to B2 (Regional L Business) of the property at 6451 Osseo Road. Both gentlemen U were present to discuss their application with the Commission. They explained that the purpose for which they would use the property if it were to be rezoned B2 would be for a United Rent-all facility which they are now operating in the City of Robbinsdale. The Commission reviewed the request in relation to the Comprehensive Plan, and Mr. Bogucki read to the Commission and the applicants the Development Goals for the Osseo Road as contained in the Comprehensive Plan. Following further discussion of the request for rezoning as it related to the Comprehensive Plan, and the gathering of comments from those present who had been notified of the hearing, Mr. Bogucki moved and Mr. Ditter seconded that the public hearing be closed on Application #67044. Motion carried unanimously. Mr. Bogucki noted that the goals as stated in the Compre- hensive Plan completed in the summer of 1965 are still current, and that the rezoning as requested in Application #67044 would, in fact, be a spot zoning not in keeping with the Comprehensive Plan. He noted further, however, that he was personally aware of some movement toward a coordination of residential properties north of 65th to the freeway which would probably lead to a rezoning request in thenear future for a larger number of properties in the area. Motion. by Bogucki, seconded by Dorenfeld, to recommend to the City Council that the rezoning from R1 to B2 as requested in Application #67044 for the property at 6451 Osseo Road be denied in that: 1) the rezoning of this property would be a spot zoning to a commercial classification not presently in existence for some distance from this property; 2) that this rezoning to a commercial retail classification would not be in keeping with 64 27. -2- the Goals as stated for the Osseo Road in the Comprehensive Plan, and that there is no reason to change these stated Goals. Motion carried unanimously. The next application to be considered was #67045 sub- mitted by B & G Realty for Big Boy Restaurants. Mssrs. Kilberg, Benjamin Marcus, Earl Tetting and Bill Wiggins were present to discuss the application with the Commission. The application included a request for approval of site and building plans for a Big Boy Restarurant at 5440 Osseo Road, and a variance from Section 35-330 of the City Ordinances to permit the erection of a freestanding sign on this same property. Mr. Kilberg explained to the Commission that the Big Boy Restaurant chain had not previously entered Minnesota, being primarily an eastern chain with its westernmost outlets M in the north part of the countr�rin Wisconsin. The location adjacent to the Brookdale complex has been chosen as the initial establishment of the Big Boy cnain in Minnesota in a series of Big Boy Restaurants to be built in the State. As the site and building plans were found to be in accordance with the City Ordinances, discussion turned toward the free- standing signery being requested by the applicants. Mr. Kilberg and Mr. Marcus, the owner of the "Marc's Big Boy" Restaurants proceeded to explain the need for freestanding signery for their establishment, noting that they had been under the impression that the standard being used by the City was 250 square feet in area and 25 feet in height, causing them to request a sign of approximately 12 by 22 feet. The Commission explained to the applicants that a good deal of work had been done by the Commission on a proposed sign ordinance, and that it had been referred to the Council, who had made subsequent changes with which the Commission was not necessarily conversant. A good deal of discussion ensued relating to the philosophy behind signery; that is, identi- fication verses advertising, following which Mr. Dorenfeld moved and Mr. Bogucki seconded that the variance being requested in Application #67045 be tabled to allow the applicants to re-study their sign request in relation to information which the Staff would supply relating to changes in the proposed sign ordinance. Motion carried unanimously. Motion by Ausen, seconded by Engstrom, to recommend to the City Council that approval be granted to the site and building plans submitted by B & G Realty for the Big Boy Restaurant at 5440 Osseo Road, with the following exceptions and stipulations: 1) no roof sign is to be permitted; 2) minor dimensional changes shall be made in the parking and driving areas to conform to the City's dimensional standards; 3) the building plans are subject to the Building Inspector's approval as to applicable building codes; Lk 1 -3.- 4) the applicant shall submit a performance agreement and bond guaranteeing the installation of the site improvements as delineated on the plans being approved. Motion carried unanimously. The Chairman called a recess at 9:35 and the meeting resumed at 9:50. Application #67046 submitted by Walter Smith was next heard. The application requested a variance from Section 35-401 to permit construction of an addition to an existing attached garage to be closer to the side property line than permitted by ordinance on theproperty at 3013 - 67th Avenue North. Mr. Smith explained to the Commission that he had pur- chased his house in July and was desirous of expanding the present single garage into a two stall structure, which addition (to make the garage 19 feet in width from the present 14) would cause the garage to be 2 feet from the side lot line. A lengthy discussion began among the members of the Commission relating to the question of "hardship" based on the theory of a two stall garage being a "necessity" in suburban life as suggested by Mr. Bogucki. Mr. Ausen proceededto question whether the Commission's philosophy in the past with regard to the granting of variances to the sideyard setback requirements for garages and houses was really to the advantage of the City, for, if in fact the setback was unreasonable in so many cases, perhaps the ordinance itself should be changed. if, however, the setback requirements were not unreasonable, but only inconvenient to persons who wish to build certain types of structures which were prohibited by an ordinance intended to provide a guarantee against encroachment, perhaps the issuance of variances should be curtailed. Motion by Bogucki, seconded by Dorenfeld, to recommend to the City Council that approval be granted to the variance requested in Application No. 67046 by Mr. Walter Smith to permit construction of an addition to his attached garage to be 2 feet from his side property line, in that a two stall garage is a necessity in suburban areas, and that the refusal of a variance to the five foot setback requirement would preclude the applicant's being able to construct a two stall garage, thereby inducing an undue hardship. Voting in favor of the motion were Bogucki and Dorenfeld; voting against were Engstrom, Ausen, Grosshans, and Ditter. The motion failed for lack of majority. Mr. Ausen requested of the staff that information be gathered from other communities in the suburban area to determine what their ordinance regulations were with relation to setbacks and what their experiences with relation to granting of setback variances was, in the hope that this might provide some insight as to the Commission's future action with regard to possible changes in the ordinance or changes in the policy of granting variances to side yard setback requirements. U6 � � C'� C'� CJZ r� 6 -4- Motion by Ausen, seconded by Engstrom, to recommend to the City Council that the variance from Section 35-401 to permit Walter J. Smith to construct an addition to his attached garage to be two feet from his side property line be denied, in that the application does not meet the standards for variance as set out in the Zoning Ordinance. Voting in favor of the motion were Ausen, Ditter, Grosshans, and Engstrom. Voting against were Dorenfeld and Bogucki. Motion carried. The Commission then considered Application #67047 sub- mitted by Beim Construction Company, requesting approval of site and building plans of an industrial building, and a variance from the requirements of the Zoning Ordinance to permit a 5 foot sideyard setback for the proposed building rather than the 10 feet require. Mr. Black, representative of Beim Construction Company, was present to discuss the plans and the requested variance with the Commission. Upon calling the Itl names of those notified of the hearing, Mr. Dallas Holm, Ov owner of the property to the east, stated that he was opposed V to the granting of a variance for any reason other than for a definite hardship to the owner of a piece of property. He noted that he considered the zoning regulations to be reasonable in this instance, and that the Commission should use the power $F to alter zoning requirements judiciously. Following further examination of the plans, and discussion of the requested variance, the following action was taken. Motion by Bogucki, seconded by Ausen, to recommend to the City Council that the site and building plans for the construction of an industrial building on the property at 3500 - 48th Avenue North be approved with a 10 foot setback required along the east property line, as no hardship or other mitigating circumstances exist which would cause the existing regulations to be varied as requested in Application #67047. Motion carried unanimously. Mr. Joseph Clark appeared to represent Application #67048, requesting a variance from Section 35-401 to permit construction of an addition to an existing attached garage to be closer to the side property line on the property at 6043 Ewing Avenue North, than the five feet permitted by ordinance. Mr. Clark explained that the addition which he proposed to make to the existing garage would necessitate a variance to slightly less than 4 feet from the property line, in the vicinity of three and one half feet. He noted further that although the garage could be built to conform to the five foot setback requirement, the extra width would be extremely desirable to permit the installation of a 16 foot wide garage door with approximately one foot on each side of the door. He noted further that there was a stairway to the side door of his house which took up a portion of the width of the existing garage, so that the present 13.5 foot wide garage was not entirely usable for vehicle storage. Motion by Bogucki, seconded by Dorenfeld, to recommend to the City Council that approval be granted to the variance requested in Application #67048 to permit a setback to an attached garage to be three and one half feet from the south �I I I i i �I I� n -5- side property line of the property at 6043 Ewing Avenue North, in that a two stall garage is in fact a necessity in suburban areas and that the refusal of a variance to the five foot setback requirement would preclude the applicant' s being able to construct a two stall garage, thereby inducing an undue hardship. Voting in favor of the motion were Bogucki and Dorenfeld; voting against were Ausen, Engstrom, Grosshans, and Ditter. The motion failed for lack of majority. Motion by Ausen, seconded by Engstrom, to recommend to the City Council that Application #67048, requesting a variance to permit construction of an addition to an attached garage on the property at 6043 Ewing Avenue North to be 3Z feet from the south side property line, be denied, in that the appli- cation does not meet the standards for variance as set out in the Zoning Ordinance. Voting in favor of the motion were Ditter, Grosshans, Ausen, and Engstrom; voting against were Bogucki and Dorenfeld. Motion carried. M The last application to be considered was #67049 sub- tf� mitted by Mr. and Mrs. Fred Strong, requesting a variance �•.7 from Section 35-310 to permit construction of an addition to an existing garage which would cause the total square footage V of accessory buildings on the property to exceed the 660 square feet permitted. Mr. and Mrs. Strong were present to discuss the application with the Commission,explaining that they had planned to remove two of the buildings following the alterations of the garage so that the total square footage of the garage would be 600 square feet, and the total area of all accessory buildings r - the property would 808 square feet. Following such discussion, Ul,e following action was taken. Motion by Ditter, seconded by Bogucki, to recommend to the City Council that approval be granted to the variance request contained in Application #67049 for the property at 516 - 62nd Avenue North to permit alterations and additional construction to the existing garage to be made to bring the total area of the garage to 600 square feet, due to the unique circumstances of the great number of buildings on the property, but with the following conditions: 1) a performance bond shall be submitted to the City guaranteeing the removal of the concrete block structure presently on the property containing 148 square feet; and the removal of the dog house containing 27 square feet also on the property at present•, 2) the altered garage structure shall be constructed in conformance with the building codes of the City. Motion carried unanimously. Motion by Ausen, seconded by Ditter, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 12:10 A.M. Chai an 26 f �I 77 Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center in the County of Hennepin and State of Minnesota September 21, 1967 The Planning Commission met in special session and was called to order by Vice-Chairman Robert Grosshans at 7:38 P.M. Roll Call: Vice-Chairman Robert Grosshans, Commissioners Helmer Engstrom, Vernon Ausen and Henry Bogucki were present. Also present were Charles Van Eeckhout and Richard Cihoski. The first item of business to be considered was Appli- cation #67050 submitted by Davies Water Equipment Company, requesting a variance from Section 35-402 to permit construction of an industrial building with less than the required setback of 100 feet for the property at 4110 Lakebreeze Avenue North (Parcel 1800, Plat 89010) . Lv Mr. Al Davies was resent to discuss the C� p request with the Commission, explaining that when he had originally approached the City with respect to constructing his office and warehousing facility on the property, he had not been aware of the extra setback required when industrial property was across the street from residential property. Since he had found this to be the case, however, he had attempted to re-design his industrial use to conform to the requirement and had found that the requirement of setting his building 100 feet from the street right-of-way on the west side of the property would work an extreme hardship on him in using the remainder of the property, 100 feet being approximately 1/3 of the width of the total property. Further, he asked whether the requirement of a 100 foot setback adjacent to residential properties would apply. to an R-B (Residential- Business) classification since the zone would allow for business uses as well as residential uses. Discussion of the application by the Commission ensued, including examination of the zoning ordinance requirements of Section 35-402 and also the requirements of Section 35-420 in relation to the applicability of the setback requirement to a proposed fence that would be constructed around a storage yard for the industrial use. Mr. Boyd, a resident who had been notified of the hearing, asked several questions of the Commission related to the proposed industrial use. Following the questioning of the applicant and the gathering of comments from the audience, Bogucki moved and Engstrom seconded that the public hearing on Application #67050 be closed. Motion carried unanimously. Motion by Bogucki, seconded by Engstrom, to recommend to the City Council that the variance from Section 35-402 requiring a setback of 100 feet for industrial buildings when such industrial property faces residential property, as requested in Application #67050, be denied in that it does not meet the standards for variance as set out in the Zoning Ordinance, and further, that there is no compelling reason to alter the setback requirement of the existing Ordinance. Motion carried unanimously. + � 1 1 1 -2- Application #67051 submitted by Robert Siede was next considered. The application requested a variance from Section 35-402 to permit construction of a detached garage 21 feet from the side property line of a corner lot rather than the 25 feet required by Ordinance, on the property at 6138 Dupont Avenue North. Mr. Siede was present to discuss the application with the Commission and answered questions relating to his application. Motion by Bogucki, seconded by Engstrom, to recommend to the City Council that a variance from Section 35-402 be granted to Robert Siede as requested in Application #67051 to permit construction of a detached garage on his property at 6138 Dupont Avenue to be 21 feet from the north side property line, in that the previous action by the City in 1959 granting a variance to Mr. Siede's neighbor on the property at 6139 Colfax Avenue North to construct his Ngarage 21 feet from the property line would constitute an inequity in the application of the Zoning Ordinance if the requirements were not varied for Mr. Seide's proposed construction. Motion carried unanimously. Z The final application to be considered was No. 55104 (second revision) submitted by Thomas Geldert and Herbert Appelquist requesting approval of an amendment to the site plan previously approved by the Council, to permit the construction of garages on the apartment properties contained within the Xerxes Court apartment development, at 5207 and 5209 Xerxes Avenue North (Lots 2 and 3, R. R. McChesney and Sons 2nd Addition) . Mrs. Geldert and Mr. Appelquist explained that they wished to construct up to 12 garage stalls on each of their apartment properties for the tenants of their buildings. Motion by Bogucki, seconded by Ausen, to recommend to the City Council that approval be granted to the amended site plans of the Xerxes Court Apartments to include up to 12 stall garage on each of the properties at 5207 and 5209 Xerxes Avenue North, as requested in Application 65a04 (2nd revision) , with the proposed buildings adhering to the setback and construction requirements of the City's ordinances. Motion carried unanimously. Motion by Ausen, seconded by Engstrom, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 10:00 P.M. Ch Iman 612 r�J Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center in the County of Hennepin and State of Minnesota October 5, 1967 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-Chairman Robert Grosshans, Commissioners Helmer Engstrom, Adrian Dorenfeld, Henry Bogucki and Paul Ditter were present. Commissioner Ausen arrived later in the meeting as noted below. Also present was Richard Cihoski, Secretary to the Commission. Motion by Bogucki, seconded by Dorenfeld, to approve the minutes of the regular meeting of September 7, 1967, and the special meeting of September 21, 1967, as submitted. Motion carried unanimously. The first item of business to be considered was Appli- cation No. 66087 (revised) submitted by Lecon Properties and Iten Chevrolet, requesting rezoning of certain properties to the southwest of the intersection of 69th Avenue and Osseo Road to the B3 (General Business) zoning classification. Mr. Jensen reviewed for the Commission the past history of the application, noting that the applicant had recently asked the Council to remand the application to the Commission for consideration of rezoning properties in addition to those contained in the original application for rezoning. The Commission then reviewed the requested rezoning of these properties, contained in Northtown Plaza 2nd Addition, in relation to the City's Comprehensive Plan. Motion by Ditter, seconded by Grosshans, to recommend to the City Council that Lot 1 of Block 1, and Lots 1, 2, 3, and 4 of Block 2, Northtown Plaza 2nd Addition, be rezoned to the B3 (General Business) classification, as such rezoning is in accord with the development goals of the Comprehensive Plan. Motion carried unanimously. (Mr. Ausen arrived at this point in the meeting, at 7:55 P.M.) The next item of business to be considered was Appli- cation No. 67053 submitted by Ronald Grams, requesting a variance from Section 35-401 to permit construction of a detached garage three feet from the south side property line of his property at 7206 Newton , Avenue, rather than the five feet required by Ordinance. Motion by Grosshans, seconded by Engstrom, to recommend to the City Council that Application No. 67053 be approved, and a variance granted from Section 35-401 to permit construction of a detached garage three feet from the south side property line of the property at 7206 Newton Avenue North, rather than the five feet required by Ordinance, with a letter to be submitted from the abutting neighbor stating no objection to this variance. Motion carried unanimously, with Mr. Ausen abstaining from voting. Mr. Jensen informed the Commission that Application No. 67054 submitted by Darrel Farr and Application No. 67055 sub- mitted by Robert Keller would not be heard this evening. -2- The next application to be considered was No. 67032 submitted by Sipe Bros. Inc. , requesting revision of the approval of the site and building plans previously granted by the Commission and Council to permit retention of the free- standing sign on the station property at 6810 Osseo Road. Messrs, Walter Sargent and William Sipe were present to discuss the request with the Commission. The Commission members noted that during the previous site plan approvals, a stipulation was made that the presently existing freestanding sign overhanging the highway right-of-way was to be removed, and that the applicant had agreed to this. Mr. Sipe noted that at that time of the approvals, he had been of the opinion that it would be impossible to install a freestanding sign so that it did not overhang the right-of-way; since that time, however, a sign had been devised which would be able to be installed in the present concrete base for the existing freestanding sign's concrete base without overhanging the right-of-way and this was their intention. Mr. Ausen noted that although the sign which had been affixed during the re-construction of this station on the canopy was permitted under the present zoning regulations, the intent of the Commission was that roof type signs would not be permitted under the new sign ordinance, and that if the applicant wished to have a freestanding sign he should not gain the benfit of both the existing and proposed sign ordinance, but should have either a freestanding sign or a canopy sign. Motion by Ausen, seconded by Grosshans, to recommend to the City Council that an amendment to the previous plan approval for the alterations being made to the Texaco Service Station at 6810 Osseo Road be amended to provide that the (approx. 35 square foot) freestanding sign under discussion be permitted in lieu of the existing canopy sign. Motion carried unanimously. The rcmainder of the meeting consisted of a discussion by the Commission of various planning items previously or presently under consideration by the Council. Motion by Grosshans, seconded by Ditter, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 10:05 P.M. Chai an 1 1 1 97 Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center in the County of Hennepin and State of Minnesota October 26, 1967 The Planning Commission met in special session and was ,�:alled to order by its Chairman, Robert Jensen, at 7:35 P.M. Roll Call: Chairman Robert Jensen, Vice-Chairman Robert Grosshans, Commissioners Helmer Engstrom, Adrian Dorenfeld, Vernon Ausen, and Henry Bogucki were present. Also present were C. E. Van Eeckhout, Jerry Dulgar, and Richard Cihoski, Secretary to the Commission. Mr. Jensen advised the Commission that although the evening's meeting was a study meeting, he had requested that a certain application be placed on the Commission's agenda for purposes of discussion as well as the normal function of reviewing the application and making a recommendation to the Council. The Application in question, No. 67050 submitted by Davies Water Equipment Company, had been reviewed at a pre- vious Commission meeting on September 21st, with the review at that time relating to a variance from the setback require- ments of the Zoning Ordinance to permit construction of an industrial building with less than the required setback of 100 feet from the west property line, where the property faced residential properties across Azelia Avenue. TheCommission at that time had recommended denial of the variance, and the request had proceeded to the Council. Mr. Jensen noted that he had attended the Council meeting on October 16, 1967, and had discussed the matter further with the Council. The action of the Council at that time was to take no action on the variance .request, and refer the matter of a site and building plan approval back to the Planning Commission for its comments. Mssrs. Davies and Jones of Davies Water Equipment Company were present to discuss the site and building plans with the Commission. They explained to the Commission the changes that had been made in the plans since the original plan, used for illustrative purposes during the variance request, had been shown to the Commission and Council. The new plan, Mr. Davies pointed out, incorporated a 35 foot landscaped area adjacent to Azelia Avenue, and a 6 foot high concrete block wall on the east side of this 35 foot strip, continuing as the west wall of the building towards the southern part of the property. The access to the property, including truck access, had been revised to provide access only from Lakebreeze Avenue, and parking for the industrial uses would be along the Lakebreeze Avenue side of the property as well. The Commission discussed with the applicants the various other alternatives to the plans submitted, including a mixture of the various setbacks and fences shown in previous plans. Mr. Jensen reviewed with the Commission the Council's concern that the imposition of the 100 foot setback as per the Zoning Ordinance might, in fact, create a greater hardship on the adjacent residential properties than would a lesser setback, due to the use of the 100 foot setback for vehicular parking and vehicular access, whereas the 35 foot landscaped area would have no activity within it. Several of the members of the Commission expressed a concern 1 1 1 r�f -2- with the 100 foot versus 35 foot problem, but following further discussion, the concensus of the Commission was that the parking of passenger vehicles was not necessarily offensive, but rather that the truck access along Azelia Avenue seemed to be the major problem in the imposition of the 100 foot setback. Motion by Bogucki, seconded by Dorenfeld, that Application No. 67050 requesting site and building plan approval be submitted to the City Council without action of the Planning Commission, as the Planning Commission could not approve plans which are in opposition to the Planning Commission's past action recommending denial of a lesser setback than 100 feet for this property at 4010 Lakebreeze Avenue where it faced residential properties to the west of Azelia Avenue. Further, however, that the consensus of the Planning Commission is as follows: 1) the building presently proposed to be constructed by the applicant could, on the existing amount of property, be built to conform to the existing setback requirement of 100 feet where industrial property faces residential property across a street; 2) the 100 foot setback requirement is, in the opinion of the Planning Commission, still the best method of transition between residential and industrial uses facing one another across a street, but that it would be unreasonable in imposing the 100 foot setback to preclude any use of the property, such as vehicular parking, but not unreasonable to restrict truck access from Azelia Avenue; 3) although the presently proposed use may in fact be a less intense use which might be able to co-exist with residential uses with a lesser setback, there is no guarantee that such industrial use will remain on the property, and one of the other industrial uses permitted by the Zoning Ordinance might in the future create a detrimental effect on the residential properties in the area; 4) the approval of site and building plans, or a variance at less than the 100 feet required, would appear to be a dangerous precedent applicable to other such industrial property, unless of course, the City is prepared to accept a lesser setback for other properties. Motion carried unanimously. Mr. Jensen reviewed with the Commission a letter which he had received from Robert Eidem, Planner, of the State Planning Agency, requesting that he represent the City in the Fall Conference of the Minnesota Planning Association, and asked the Commissioners for comments as to which portions of the City's planning program he should stress in his presentation. A discussion then ensued relating to the Commission's study of drive-in type establishments, with the result that the Secretary was requested to contact various representatives of the drive-in industry to ascertain whether such persons would ��) ,.tip --3- be willing to attend a "seminar" type meeting of the Planning Commission in order that t1te Commission might become more familiar with the merchandising techniques and other problems of this industry, with the object cof creating regulations which would provide a reasonable business climate for such uses. A short discussion of the proposed water tower for the City ensued, with Mr. Van E,eckhout explaining the various alternatives and choice of towers to the Commission. Motion by Engstrom, seconded by Dorenfeld, that the meeting be adjourned. The motion carried unanimously. The meeting adjourned at 10:35 P.M. Chairma :j 1 1 1 Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center in the County of Hennepin and State of Minnesota November 2, 1967 The Planning Commission met in regular session and was called to order by Chairman Robert Jensen at 7:34 P.M. Roll Call: Chairman Robert Jensen, Vice-Chairman Robert Grosshans, Commissioners Vernon Ausen, Paul Ditter and Helmer Engstrom were present. Commissioners Dorenfeld and Bogucki arrived later in the meeting as noted. Also present was Richard Cihoski, Secretary to the Commission. The first application to be considered was No. 67052 submitted by Village Builders, requesting rezoning from the present R1 (Single Family Residence) classification to R3 (Multiple Family Residence-Townhouse) classification for the property lying approximately 1/2 block east of Zenith Avenue and 1/2 block north of 68th Avenue North, to the south of 69th Avenue. Mr. Richard Kauffmann, of Village Builders, was present to discuss tLe rezoning request with the Commission. Mr. Kauffmann explained that he wished to construct approxi- mately 36 townhouse units on the property with access to the property from 69th Avenue North. (Mr. Dorenfeld arrived at this point in the meeting at 7:45 P.M.) Mr. Jensen then called for comments from those present who had been notified of the hearing. (Mr. Bogucki arrived during the gathering of comments from adjacent property owners at 8:03 P.M.) Following the gathering of comments, Mr. Jensen explained the planning concepts which had gone into the designation of this property for townhouse use in the Comprehensive Plan by both the Commission and Council. He cited the fact that industrial zones exist to the east in the Brooklyn Center Industrial Park, and that: the townhouse use had been proposed as a transition between this industrial use and Shingle Creek Parkway and the single family area to the west. He noted that the Commission had originally recommended that this property, along with property in the Brown Farm, be used for high rise apartments, but: following public hearings at which many of the adjacent property owners were present, great opposition had been voiced to high rise, and the high rise in this area had been switched with townhouse zoning in the center of the Farm. Other members of the Commission commented along the lines of the Chairman's comments. Motion by Grosshans, seconded by Dorenfeld, to recommend to the City Council that approval be granted to the rezoning to R3 (Townhouse) as contained in Application #67052 submitted by Village Builders (that: part of parcel 1015, plat 89034 lying south of 69th Avenue) for the following reasons: 1. the proposed rezoning is in accord with the land use proposals contained in the City' s Comprehensive Plan, which plan is based on proper planning principles; 1 1 1 a r7 r8 -2- 2. the proposed zoning is in agreement with the Planning Conunission' s past recommendations and principles with regard to transition in zoning. Voting in favor of the motion were Ausen, Jensen, Engstrom, Dorenfeld and Grosshans; voting against was Ditter; not voting was Bogucki. Motion carried. The next application to be considered was No. 67033 submitted by L. H. Haug and Mrs. Virgil Schafbuch, requesting rezoning from the present: Rl and RB zoning classification to R5 (Multiple Family Residence) for the properties at 7015 and 7019 Osseo Road. Mrs. Schafbuch and Mr. Lamkin, her attorney, were present to represent the application. Mr. Lamkin advised the Commission that since the previous tabling of this application, Mrs. Schafbuch had contacted, at the Commission' s suggestion, Mr. Dorn, owner of the property to the north of the Schafbuch and Haug p<<rcels. The result of this contact was that Mr. Dorn is agreeable to a zoning of his property similar to whatever is applied to the Haug and Schafbuch property to the south. Mr. Lamkin commented that it is extremely difficult to sell the property with its present split zoning, and the they City should attach R5 zoning to the entire property. Mr. Lan►kin broached the subject of a possible C2 zoning of the property in the future, to which Mr. Jensen commented that the Commission had never recommended that this property was suited to retail commercial use, the proposed zoning for the area being Cl, and it would be highly unlikely that the Commission would', consider a retail commercial zoning in this area. Mr. Jensen then reviewed the past history of the appli- cation for the Commission., noting that the original reason for tabling was to incorporate the Dorn property with the Haug and Schafbuch property for a possible "package" zoning. He then suggested that since the Commission appeared to be in favor of the proposed R5 zoning of the west side of Osseo Road, as being equivalent to Cl zoning, that perhaps the Commission should initiate the zoning of the Dorn property, with the thought in mind that if the property were zoned to a multiple usage, that it would be incorporated by the developer with the Haug and Schafbuch property. To this proposal, the applicant stated general agreement. Motion by Bogucki, seconded by Dorenfeld, to close the public hearing on Application No. 67033. Motion carried unanimously. Motion by Ausen, seconded by Engstrom, to table action on Application #67033 until the Commission's meeting of November 30th, and to instruct the Secretary of the Commission to initiate a rezoning hearing for the Dorn property adjacent to the Schafbuch and Haug property for that same date. Motion carried unanimously. The next application to be considered was No. 67054 submitted by Darrel Farr, requesting approval of the site and building plans of an apartment/townhouse development on the property generally bounded by Kylawn Park, June Avenue, 58th Avenue (County Road No. 10) and the west City limits. 108 1 -3- Mr. Farr explained to the Commission that the project would be constructed in stages, over an expected period of 30 months, with the 1st stage to consist of 3 story multiple dwelling construction on the west side of the property, as designated on the plans. After review of the plans, the following action was taken. Motion by Ditter, seconded by Dorenfeld, to recommend to the City Council that the site and building plans submitted by Darrel Farr under Application #67054 be approved, but with the following conditions: 1. the building plans are subject to the final approval of the Building Inspector; 2. utilities and drainage plans are subject to the final approval of the City Engineer; 3. a performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted by the applicant to the City to guarantee the installation of the site improve- ments :shown on the site plan; 4. no signery is being approved for the development; 5. a minimum of 2 parking spaces shall be provided for each dwelling unit; 6. a walkway easement across the northeast corner of the property between 592 Avenue and Kyle Avenue, with the walkway to be constructed by the developer. Voting in favor of the motion were Ditter, Grosshans, Bogucki, Jensen, Engstrom, and Dorenfeld; not voting was Ausen, who stated that he objected to the provision of only two accesses from the entire project to public roadways. motion carried. Mr. Jensen advised the Commission that the application submitted by Robert Keller, No. 67055, had been dropped by the applicant, and no request for approval of site and building plans of an apartment development would be forthcoming from him for the property bounded by 65th Avenue, Camden Avenue, 65th Avenue (extended) and Bryant Avenue. The next application to be considered was No. 67006 submitted by Home Federal Savings and Loan Association, requesting a variance from Section 35-330 to permit erection of a freestanding sign on the company' s property at 2901 Northway Drive. Mr. Blake Scattergood of Home Federal Savings and Loan was present with a representative of Federal Sign Company, to explain Home Federal' s desire to construct a freestanding sign on the south side of their property adjacent to County Road 10, which would be approximately 172 feet in height and 79 square feet in area. TheCommission reviewed this sign request in relation to the standards for variances as set out in the zoning Ordinance, and in light of its proposed sign ordinance of January 5, 1967. Motion by Ausen, seconded by Bogucki, to recommend to the City Council that approval be granted to Application No. 67006 submitted by Home Federal Savings and Loan Association requesting a variance from Section 35-330 to permit erection of a freestanding sign on the property at 2901 Northway Drive, in that a hardship does in fact exist in relation to freestanding signery for commercial property, due to the fact that the present zoning ordinance does not take into 1 1 1 5 -4- account this common and necessary type of business activity (freestanding signing) , but that the approval for such freestanding sign at the location shown on the site plan submitted is conditioned upon the following: 1. the sign shall not exceed 80 square feet in area and 16 feet in height measured from the finished floor grade of the Home Federal building. Motion carried unanimously. The Commission then considered Application No. 67056 submitted by Lowry Realty Company, requesting a variance from Section 35-315 to permit erection of a freestanding sign on the property at 7006 Osseo Road. Mr. Richard Rockstad of Lowry Realty was present to discuss the application with the Commission. He explained to the Commission that he had, in July of this year, received approval of both the Commission and Council to install certain wall signs on the Lowry Realty Office at 7006 Osseo Road, advising the Commission and Council at that time that he would, at some time in the future, hopefully after the adoption of the new sign ordinance, wish to install a freestanding sign on the property. Since the time of the previous approvals he had determined that the need for the freestanding sign was greater than he had originally anticipated, and he therefore requests that approval be granted to a freestanding sign on the property at the present time. He submitted a drawing to the Commission of the proposed sign which contained approximately 72 square feet of area, and approximately 23 feet in height. The Commission discussed the proposed sign in relation to the proposed Sign Ordinance of January 5, 1967, and with regard to the standards for variance as set out in the Zoning Ordinance. Motion by Ausen, seconded by Ditter, to recommend to the City Council that approval be granted to Application #67056 submitted by Lowry Realty, requesting a variance from Section 35-315 to permit erection of a freestanding sign on the property at 7006 Osseo Road, in that a hardship does in fact exist in relation to freestanding signery for commercial property, due to the fact that the present Zoning Ordinance does not take into account this common and necessary type of business activity (freestanding signing) but that the approval is conditioned upon the following: 1. the sign shall not exceed 36 square feet in area and 8 feet in height, and shall be setback a minimum of 10 feet from the Osseo Road right-of-way line. Motion carried unanimously. The next application to be considered was No. 67057 submitted by Freeway Shell Oil, requesting special use permission to allow the storage and rental of trucks and trailers on the service station property at 6545 Lyndale Avenue North. Mssrs. Richard Horstman and William Barry were present to discuss the application with the Commission. The applicant explained that he intended to install a U-Haul Rental franchise on the station property, and possibly also some rental camper trailers if such camping trailers prove to be in demand. He noted that the station site was an extremely large one, almost one acre in size, and in 116 -5- addition to the parking which would be required by the ordinances for service, customer, and employee vehicles, there is sufficient space to the north and west of the station building to stock a good number of trailers and trucks, the actual number depending on the size of the items stored. After a good deal of discussion between the Commission and the applicant with regard to their future plans for the rental units, the following action was taken. Motion by Engstrom seconded by Ditter to recommend to the City Council that approval be granted to Application No. 67057, to permit the rental of truck and trailer units on the Freeway Shell Oil Service Station property at 6545 Lyndale Avenue North, with the following conditions: 1. that a maximum of 14 rental units in any combination of trucks and trailers be permitted on the station property at any one time; 2. that there shall be no parking of the rental units in such a manner so as to block the entrances to the station site and no parking of such units in front of the station building; 3. no signing is being approved at this time for advertising the availability of such rental units; 4. the special use permission shall be reviewed in one year from the date of Council approval to consider the effect of this rental activity on the station site with the possibility at the time of reviewal of raising or lowering the number of units permitted and to examine the question of whether the presently vacant rear portion of the station property should be paved or covered with crushed rock. Motion carried unanimously. The next application to be considered was No. 67058 submitted by Kentucky Fried Chicken Inc. , requesting approval of site and building plans of a commercial establishment and a variance from Section 35-330 to permit erection of a free- standing sign, both for the property at 5512 Osseo Road. Mr. Louis Hutchison of K.F.C. Corporation was present to discuss the request with the Commission. Mr. Hutchison explained to the Commission that the proposed Kentucky Fried Chicken Store would be a company owned operation and would be similar in operation to other Kentucky Fried Chicken franchise outlets in the metropolitan area. He also explained that there had been some concern by his firm with regard to the freestanding sign which would be allowed on the property, noting that apparently the City was quite restrictive on freestanding signs. The Commission examined the plans, and then commenced discussion of the freestanding sign request, which discussion resulted in the concensus of the Commission that this type of operation was most like a drive-in operation and that the sign which should be permitted on this property should be in line with the standards set out in the January 5, 1967, Sign Ordinance recommendation of the Commission for drive-in establishments. 1 1 1 -6- Motion by Bogucki, seconded by Engstrom, to recommend to the City Council that the site and building plans submitted with Application No. 67058, for the property at 5512 Osseo Road, be approved, with the following conditions: 1. the building plans are subject to the final approval of the Building Inspector; 2. a performance agreement and performance bond (in an amount to be determined by the City Manager) be submitted by the applicant to the City to guarantee the installation of the site improve- ments shown on the plans. Motion carried unanimously. Motion by Bogucki, seconded by Engstrom, to recommend to the City Council that the variance requested in Appli- cation No. 67058 for a freestanding sign to permit erection of a freestanding sign on the property at 5512 Osseo Road be granted, in that a hardship does in fact exist in relation to freestanding signing for commercial property due to the fact that the present zoning ordinance does not take into account this common and necessary type of business activity (freestanding signing) but that the approval of the sign is conditioned upon the following: 1. the sign shall not exceed 250 square feet in area and 24 feet in height above the finished floor grade of the building on the property, and shall a minimum of 8 feet of clear space below the sign, and shall be non-flashing. Motion carried unanimously. The last application to be considered was No. 67059, submitted by Howe, Inc. The application requested approval of plans for an addition to an industrial office building at 4821 Xerxes Avenue North. Motion by Dorenfeld, seconded by Bogucki, to recommend to the City Council that approval be granted to the plans submitted by Howe, Inc. , for an addition to their office building at 4821 Xerxes Avenue North. Motion carried unanimously. Motion by Ditter, seconded by Ausen, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 11:56 P.M. Chai l , ,,�3 :., 113 Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center in the County of Hennonbi and State of Minnesota November 9, 1967 The Planning Commission met in special session and was called to order by Chairman Robert Jensen at 8:05 P.M. Roil Call: Chairman Robert Jensen, Vice-Chairman Robert Grosshans, Commissioners F-.enry Bogucki and Paul Ditter were present. Also present were Dale Hamilton, Superintendent of Engineering, and Richard Cihoski, secretary to the Commission. The Chairman advised the members that a single item of business would be considered this evening, Application No. 67060 as submitted by Brooklyn Auto Sales, requesting approval of site and building plans for the proposed new and used car dealership at 6801 Osseo Road. Mr. Lowell Broin, the future dealer at this location, and his architectural representative, Mr. Liebenberg, were present to discuss the plans with the Commission. A lengthy discussion ensued between the Commission and the applicant, relating to his proposed operating in relation to the plans submitted. Motion by Grosshans, seconded by Ditter, to recommend to the City Council that the site and building plans submitted by Brooklyn Auto Sales be approved, with the following stipulations and conditions: 1. the actual layout of the used car sales area, which parking layout has not yet been finally determined, may be at the discretion of the applicant, except that it may not encroach on the perimeter service drive, and the used car sales office may be moved from its designated location to coordinate with the layout of such used car area, as long as the revised location is in accord with the setback requirements of the Zoning Ordinance; 2. the building plans are subject to the approval of the Building Inspector with regard to applicable building codes; 3. the utilities plan for the development and the driveway accesses from the property are subject to the approval of the City Engineering Department; 4. lighting on the property shall not include incandes- cent bulbs, and such lighting shall be directed onto the auto dealership' s property; 5. no freestanding sign approval is being considered in the approval of these plans; a `. -2- 6. a performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted by the applicant to the City to guarantee the site improvements contained on the plan submitted. Further, it is recommended to the applicant that he seriously consider the installation of a sidewalk adjacent to the Osseo Road right-of-way, as a part of the Commission's recommended walkway system for the City. Motion carried unanimously. Ditter Motion by Bogucki, seconded by , that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 9 P.M. C ai an �y Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center in the County of Hennepin and State of Minnesota November 30, 1967 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 Helmer Engstrom, Vernon Ausen, Paul Ditter and Henry Bogucki were present. Staff members present were C. E. Van Eeckhout, Jerry Dulgar and Richard Cihoski, Secretary to the Commission. Other persons present were: six members of the Brooklyn Park Planning Commission; William Thibault, St. Louis Park's City Planner; Mr. Glenn Hubbard of Pure Oil Company; Mr. Arnie Cox of the Clark Oil Company and Mr. Lee McNulty of Western Oil Company. Mr. Jensen opened the meeting with a brief explanation of the purpose of this study meeting: that of providing a siminar-type discussion of trends in the service station industry. He pointed out that the oil company representatives present portrayed a cross-section of the industry, from strictly petroleum sales through petroleum plus repair services, to petroleum sales plus retail store sales. Following this introduction, he asked that each of the three oil company representatives present a brief background of their respective type of merchandising, following which the floor would be open for questions and discussion of trends and problems. The oil company representatives made their presentations, following which several hours of discussion ensued. At the close of the discussion, all three of the oil company representatives thanked the Commission for the opportunity to appear in this open discussion, where no rezoning or special permit applications were at stake, so that an open forum could result. They commented that this was the first time that they had been involved in such a discussion and that it yould probably be good for both the oil industry and local government if such discussions were held in other c=ommunities as well. Mr. Jensen thanked the representatives for coming and also thanked the representatives of Brooklyn Park and St. Louie Nark for their attendance and comments. Motion by Engstrom, seconded by Ditter, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 11:30 P.M. 1 1 dhaitf 164 .� i ._}', :� �,�n �- .. �� ; yy �� � A• �i. w i Yy :.�� ���!'T `N�,� �.. .. `�;`, �A. Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center in the County of Hennepin and State of Minnesota December 7, 1967 The Planning Commission met in regular session and was called to order by Vice-Chairman Robert Grosshans at 7:30 P.M. Roll Call: Vice-Chairman Robert Grosshans, Commissioners Paul Ditter, Henry Bogucki, Vernon Ausen, Helmer Engstrom and Adrian Dorenfeld were present. Staff members present were C. E. Van Eeckhout and Richard Cihoski, Secretary to the Commission. Motion by Ditter, seconded by Bogucki, to approve the minutes of the regular meetings of October 5th and November 2nd, and the special meetings of October 26th and November 9th, 1967, with a revision to be made in the final motiop of the November 9th minutes. Motion carried unanimously. The first item of business to be considered was Appli- cation No. 67061 submitted by Jerry Harrington, requesting a rezoning from the present R-1 (Single Family Residence) classification to R5 (Multiple Family Residence) of the property at the southwest corner of the intersection of 69th Avenue and Trunk Highway #169. Mr. Harrington explained to the Commission that he had a purchase agreement contingent upon this rezoning to R5, and intended, upon rezoning, to construct a 23 or 24 unit apartment building on the approximately one and one half acres of land. He noted that, in his opinion, the location of the property at the intersection of 69th and Lyndale Avenue made it unsuited to a single family residential use, and that a multiple dwelling, with a single multiple dwelling structure could be so located as to mitagate the undesirable effects of the adjacent heavily traveled road- ways. Following the gathering of comments from adjacent property owners that had been notified of the hearing, who expressed concern about the precedent such a rezoning might make, member Bogucki moved and Dorenfeld seconded, thatthe public hearing be closed. Motion carried unanimously. Further discussion among the Commissioners ensued, relating to the recommendations of the Comprehensive Plan for this area as single family or duplex residential and the development potential of the property for such uses, including the stated principle of the Plan that single family residential use with direct access to the heavily traveled roadways should be discouraged. The Commission asked Mr. VanEeckhout to comment on the possible future upgrading of Lyndale Avenue. Mr. Van Eeckhout replied that the Highway Department had been unwilling to make a definite commitment relative to this future upgrading and widening. it is the Highway Department's opinion that any upgrading would remain within the present rights-of-way. The timing and extent of any upgrading would be dependent on developing traffic trends in the area, the extent of other highway improvements that might compete with present or projected Lyndale Avenue traffic, and the proposed East-West County Freeway in Brooklyn Park. During conversations 1 1 1 1 -2- with the District 5 Design Engineer several months ago, it was indicated that the upgrading of Lyndale Avenue was not programmed and therefor construction was more than five years away. Motion by Bogucki, seconded by Dorenfeld, to table Application No. 67061 to allow the Commission a further opport- unity 'to study the application, with the provision that persons notified of this hearing will be notified following the Commission's action as to when the request will be before the City Council. Voting in favor of the motion were Engstrom, Dorenfeld, Ditter, and Bogucki; voting against was Grosshans; not voting was Ausen. Motion carried. Mr. Grosshans noted that his opposing vote was based on his opinion that a tabling for a maximum of 30 days would not be sufficient to determine anything in addition to what is already known, as there are a great many development problems in the area which can not be finally determined. Mr. Ausen noted that his abstinence from voting was based on his objection to rezoning for a single building, which could take on the characteristics of a spot zoning. The next application to be considered was No. 67067, a rezoning hearing initiated by the City of Brooklyn Center in relation to another application, No. 67033, submitted by L. H. Haug and Mrs. Virgil Schafbuch, both of which involve a proposed rezoning to R-5 (Multiple Residence) of the property to the north of 70th Avenue on the west side of Osseo Road. Mr. Grosshans asked if Mr. Dorn, the owner of the property involved in Application No. 67067, or his repre- sentative was present, at which time Mr. Richard Rockstad of Lowry Realty presented himself 'to the Commission and stated that he would represent Mr. Dorn in the hearing. Mr. Rockstad stated that Mr. Dorn was not necessarily against the R5 zoning for which the hearing had been initiated, but that he would like the Commission to zone to the "highest and best use" . To this Mr. Grosshans replied that the Commission, during pre- vious hearings on Application No. 67033 had stated that it was in favor of either R5 (Multiple Residence) of Cl (Service- Office) zoning for the property, as the Commission considered them comparable use classifications. Mr. Rockstad broached the subject of a possible R6 (Multiple Residence-Low Rise) zoning on the property, but this was not discussed further, as the R6 classification does not presently exist. Mr. Rockstad commented that he would attempt to coordinate a combined sale of the Dorn, Haug and Schafbuch properties if they were rezoned. Motion by Dorenfeld, seconded by Ditter, that the public hearing on Application No. 67067 be closed. Motion carried unanimously. Motion by Dorenfeld, seconded by Bogucki, to recommend to the City Council that approval be granted to both Appli- cations No. 67033 and 67067, and that the properties to the north of 70th Avenue on the west side of Osseo Road, owned by Mrs. Virgil Schafbuch, L.H. Haug and Earl N. Dorn (Parcels 28001 3000, 3400, and 5000 of Plat 89101) be rezoned to the R5 (Multiple Family Residence) zoning classification, as the 1 1 1 C r, -3- rezoning to such multiple residence classification is in accord with the Comprehensive Planning principle of encouraging a planned development area to the north of 70th Avenue. In recommending approval of the rezoning of these parcels, the Commission notes that Mr. Dorn's representative has appeared and has expressed that he is not adverse to the R5 zoning Initiated by the City. Further, the Commission is also aware that one of the properties involved cannot be used for R5 purposes by itself due to its limited size; the Commission is hopeful that the rezoning of the four parcels will encourage a "unit" development of the four properties. Motion carried unanimously. The Commission next considered Application No. 67064 submitted by Leroy Berg, the operator of the Pure Oil Station at 6901 Osseo Road, requesting special use permission to permit the sale of snowmobiles on the service station property. Mr. Berg explained to the Commission that he would like to incor- porate the sale of snowmobiles as part of his service station operation. He noted that reference had been made in the Planning Commission Agenda to the fact that he might wish to sell a comparable sports item in the summer months. As far as this is concerned, he had been thinking about the possibility of boat sales at a later date if the snowmobile sales operation were successful, but that if the business did branch into the boat area, that another business site would obviously have to be acquired. Mr. Ausen observed that the intent of the Commission's drivein-service station study is not to prohibit such things as auxiliary sales on service station sites, but to insure that sufficient space, preimarily parking space, is available on the site for the auxiliary sales. He further stated that if the sale of snowmobiles is to be permitted on this property, the Commission should include in its recommendation acknowledge- ment that parking spaces in excess of those required for the normal service station operation are being provided for this extra use. Motion by Ausen, seconded by Engstrom, to recommend to the City Council that approval be granted to Application #67064, to grant special use permission for the sale of snowmobiles on the Pure Oil Service Station property at 6901 Osseo Road, in that the proposed use meets the standards for special uses as set out in the Zoning Ordinance, and in addition, the Planning Commission would desire to use this activity on this site as an experimenL' during its study of drive-in establish- ments to learn more about this type of operation on a service station site. Further, however, the recommended approval is conditioned upon the following: 1) the number of snowmobiles to be displayed out- doors shall be limited to four, but the dealer may have as many others as he wishes indoors; 2) no outside signing for the snowmobile operation is being considered or permitted by this approval; 3) the special use permission for the sale of snow- mobiles shall expire August 1, 1968. 1.70 -4- The Commission further notes that it acknowledges the avail- ability of three parking spaces over and above the number required for the normal service station operation being available for the additional snowmobile sales use. Voting in favor of the motion were Dorenfeld, Engstrom, Ausen, Bogucki and Ditter; not voting was Grosshans. Motion carried. The Commission next considered Application No. 67065 submitted by Petsuch Realty, requesting a variance from Section 35-340 to permit erection of a projecting sign on the company's office at 6748 Osseo Road. Mr. Petsuch appeared and explained that the lack of adequate signing had created a hardship for him in the conduct of his business. He explained to the Commission that he proposes to turn the existing sign on his building to be perpendicular to the Osseo Road, as the present sign is practically impossible to see until the customer is directly in front of the business and unable 'to turn in. The Commission discussed with Mr. Petsuch the possibility that some other factors might relate to the low level of business he has been experiencing in his establishment, one of which could be the fact that the location is entirely wrong for a real estate agency. Motion by Ditter, seconded by Bogucki, to recommend to the City Council that Application No. 67065 submitted by Petsuch Realty requesting a variance from Section 35-340 to permit erection of a projecting sign, be denied, in that the requested sign does not meet the standards set out for the issuance of variances, and secondly, it is not in line with the provisions of the Commission's recommended sign ordinance of January 5, 1967. Motion carried unanimously. The next application to be considered was No. 67063 submitted by Dayton Development Company requesting rezoning for the! (approximately) 5 acres of property at the northwest corner of the intersection of Xerxes Avenue and County Road Not 10 from, the present RB (Residence-Business) and B2 (Regional Business) to B2 (Regional Business) . Mr. Jon Abbott of Dayton Development Company discussed with the Commission the proposed rezoning, indicating that the parcel involved would lie south of the future northwest extension of Northway Drive from Xerxes Avenue turning southward to County Road 10. He explained that this development plan had been in existence for some time and approximately half of the property was already zoned to the B2 classification, so in essence the rezoning would be for . the northerly half of the proposed 5 acre parcel. The Chair then called for comments from those notified of the hearing who expressed concern over the proximity of the proposed retail use to the residential elements to the north, and questioned whether the strip of land (to the north of future Northway Drive) adjacent to their properties would be of sufficient depth to make possible the development of that strip for commercial office uses. Motion by Dorenfeld, seconded by Bogucki, to close the public hearing on Application No. 67063. Motion carried unanimously. 1 1 1 -5- Motion by Dorenfeld, seconded by Engstrom, to table Application No. 67063 to allow for further consideration of the requested rezoning, with the persons who had been notified of the rezoning hearing to be notified by mail of the time and date at which the Council would consider the Planning Commission's recommendations thereon. Motion carried unanimously. The Commission then considered Application No. 67062 submitted by Dayton Development Company, requesting rezoning from I2 (Industrial Park) to B2 (Regional Business) . Mr. :Jon Abbott of Dayton Development Company was present, and explained that the parcel involved, bounded by Shingle Creek, County Road 10 and Highway No. 100, was the site previously proposed for a theater use, and that the requested rezoning to B2 would be to accommodate that type of use on the property. The Commission reviewed the rezoning request in relation to the City's Comprehensive Plan, and subsequent to this discus ion, the following action was taken. Motion by Ditter, seconded by Ausen, to recommend to the City Council that the rezoning from I2 to B2 as requested in App ication No. 67062 for the property bounded by Shingle Creek, County Road No. 10 and Highway No. 100 be approved. Motion carried unanimously. The last item of business to be considered by the Commis ion was Application No. 67066 submitted by Bridgeman Creamery, requesting a variance from Section 35-330 requesting the er ction of a freestanding sign on its property at 6201 0 seo Road. Mr. Edward Benson, representing Bridgeman's, was pr sent and discussed their desire to remove the existing freest nding sign in front of the Bridgeman establishment and to mov it eastward onto the green strip between the Osseo Road and the service drive. Mr. Benson explained that his company had noticed a marked decline in business following the construction of the Brookdale Chrysler/Plymouth Auto Dealership and th installation of the dealership' s signing and lighting standards, and that his company had determined that the solution to this problem would be to move the Bridgeman free- standing sign closer to the Osseo Road to gain more visibility. The commission discussed with Mr. Benson the possibility that factors other than the construction of Brookdale Chrysler/ Plymouth may have caused the business decline referred to. The commission examined the freestanding sign request in relation to the standards for variances of the zoning Ordinance, and the Ja uary 5th proposed sign ordinance, noting that provision had been made in the proposed sign ordinance to allow free- standing signs to be adjacent to street property lines, but that the area of the present sign was in excess of that which would le permitted under the proposed sign ordinance. M tion by Ausen, seconded by Ditter, to close the public hearinc on Application No. 67066 and table the application to allow the Commission further time to examine the factors involved. Motion carried unanimously. M tion by Bogucki, seconded by Ausen, that the meeting be adjourned. Motion carried unanimously. The meeting adjourned at 12 midnight. Chaff n 1.66 299 Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center in the County of Hennepin and State of Minnesota December 28, 1967 The Planning Commission met in regular session and was called. to order by Chairman Robert Jensen at 8:00 P.M. 11 Call: Chairman Robert Jensen, Commissioners Paul ritter, Henry Bogucki, and Helmer Engstrom were present. Staff member present Jean Murphey as acting secretary to the commission. The first item of business was Application No. 67061, requesting rezoning from R-1 (Single Family Residence) to R-5 (Multiple Family Residence) of the property at the southwest corner of 69th Avenue and Lyndale Avenue North. The ptblic hearing on this application was held December 7, 190, and after hearing the comments from the interested property owners, the Commission closed the hearing and tabled the request for consideration at this meeting. The Commission believes that the Comprehensive Guide Plan which indicates single family residential development of this area is correct and should be followed. The Commission also feels that with the addition of service roads and limited access to the heavily traveled streets, a good single family residential development can take place in this area. Following this discussion, a motion was introduced by member Paul Ditter and seconded by Helmer 2ngstrom to recommend to the City Council that Application No.67061 submitted by Jerry arrington be disapproved and the rezoning from R-1 to R-5 be denied because such rezoning would not conform to the Development Guide Plan and would constitute spot zoning and would tend to endanger the Guide Plan. Voting in favor of the motion were Ditter, Engstrom, Bogucki, and Jensen. Motion carried unanimously. The next application to be considered was No. 67063 submit ed by Dayton Development Company for rezoning from R-B (R sidential Business) and B-2 (Regional Business) to B-2. his application was tabled at the December 7, 1967, meetin to allow the Commission time to consider the request. The Camission has some concern as to whether the remaining R-B zoning is large enough to provide proper transition from tie an intense retail sales use and the single family reside tial use which adjoins the R-B zone. The Commission feels hat the applicant should provide a more specific plan £ r the development and therefor the following action was to an. Motion by Engstrom and seconded by Ditter to recommend to the City Council that Application No. 67063 be disapproved and thq rezoning from R-B to B-2 be denied until the appli- cant shall file with the Planning Commission, for their review, a plan for the future development of all of that area d scribed as Tract "A", Registered Land Survey No. 1142. Voting in favor of the motion were Engstrom, Ditter, Bogucki, and Je sen. Motion carried unanimously. i �"� \A` -2- The Commission next held a discussion of the minimum size ok a townhouse development as per the City Council direction of December 11, 1967, and took action as follows. Motion by Engstrom, seconded by Bogucki,ucki, to instruct the Secretary to prepare a resolution to be acted upon at the regular Planning Commission meeting of January 4, 1968. The Commission next considered Application No. 67066 submitted by Bridgeman's for permission to move the existimg sign eastward onto the green strip between the Osseo Road and the service drive. This application was tabled at the December 7, 1967, meeting. After some discussion, the Commission expressed a feeling that premised upon the January 5, 1967, proposed sign ordinance, Bridgeman's are entitled to all the benefits and should also be subject to all the requirements as set forth in Section 3-1104 (A2) of said proposed ordinance and therefor took the following action.I Motion by Bogucki and seconded by Ditter to recommend to thelCity Council that Application No. 67066 be approved and a variance from Section 35-330 granted to permit Bridgeman's to erect one freestanding sign on their property located at 6201 Osseo Road. Further, however, the recommended approval is conditioned upon the following: 1) The total height of the sign shall not exceed 24 feet measured from the adjacent street curb. 2) The total area of the sign shall not exceed 250 square feet as determined under Section 3-1102 (Gross Surface Area of Sign) of said proposed ordinance. 3) The sign shall have a minimum vertical clearance of 8 feet above the centerline grade of the street. 4) No part of the sign shall project over or beyond the property line of the property upon which the sign is located. Voting in favor of the motion were Bogucki, Ditter, Engstromn, and Jensen. Motion carried unanimously. Motion by Bogucki and seconded by Engstrom that the meeting be adjourned. The meeting adjourned at 11:30 P.M. Cha.'rm n zia