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HomeMy WebLinkAbout1969 PCM Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center in the County of Fennenin and State of Minnesota - January 2, 1.969 The Planning Commission met in regular session and was called to order by Chairman Robert Jensen at 7:36 P.M. Roll Call: Chairman Robert Jensen, Vice Chairman Robert Grosshans, Commissioners Paul Ditter, fenry Bogucki, Vernon Ausen, and Helmer Engstrom c7ere present. Also present were D. G. Poss, C. E. Van Eeckhout, J. R. Murphey and R. L. Haarman. Motion by Engstrcm, seconded by Dogucki, to approve the minutes of the regular meeting of Decercib3r 5, 1966, and the study meeting of December 19, 1968, as submitted. Motion carried unanimously. The first item of business to be considered was Application No. 68066 submitted by Shopper's City requesting approval of site and building plans for certain store additions. Mssrs. Mel Roth, representing the owner, and Lazzlo Fulop, Architect, spoke on .behalf of the Shopper's City application indicating this new construction, if approved, would be part of a two-phase plan to remodel and face-lift the present Shopper's City operation. Considering present retail space and additional retail space after construction, Mr. Fulop indicated that, in their judgement, a total of only 900 spaces were needed for parking. At this time, the City Manager gave an overview of the application indicating that through a correct application of the ordinances, the existing building requires 1,035 on-site parking spaces and with the proposed addition, this total would increase to required 1, 373 spaces. However, using an analysis that would employ a previously accepted formula of two spaces per 1,000 square feet for furniture retailing and further employing the formula of three spaces per buy in the automotive service area would reduce the required parking spaces to a total of 1, 259 which is 184 spaces greater than the 1,075 spaces provided in the Shopper' s City proposal. Mr. Roth inquired as to the extent of expansion which would be permitted by ordinance, considering the amount of parking available on the site. At this time it was suggested that the matter be deferred to allow the matter of the furniture area formula to be reviewed at a subsequent study meeting of the Commission and thereby provide a basis for response to Mr. Roth's inquiry. Motion by Ditter, seconded by Bogucki, to table Application No. 68066 for further study. Motion carried unanimously. The next item of business to be considered was Application 17o. 68077 submitted by R. William Reilly reTaestir_g re-zoning from Cl to C2 classification that property located at the northeast darner of 65th and Osseo Road. Attorney R. William Reilly, Ssr>2^hag n on behalf of the application, indicated three buildings .. J were proposed for the property: 1) a franchise restaurant; 2) a two story building having retail outlets on the main floor and office space on the second floor; 3) a mobil oil servioe station. 9C3 r ��� 257 -2- Mr. Reilly referred to certain examples along Osseo Road and in the vicinity of 57th and Logan where C2 types of land uses interface with s?.ngle family residential zones and he suggested that his application should be approved on the basis of the precedent establiL;hcd by those examples. Chairman Jensen stated that many of the interface examples cited were the reflection of insufficient attention to community planning in earlier years, and that rather than perpetuating more such mistakes it has been the policy of the City to learn from them and to avoid similar mistakes through the development of the recent Comprehensive Plan. In recognition of the concept of buffering between commercial and residential land uses, Mr. Reilly volunteered to amend his request according to a sketch which he presented to the Commission. The sketch proposed the retention of a C1 "buffer strip" between the Rl single family residential neighborhood and the proposed commercial development. The applicant acquiesced with Commission Chairman Jensen that the proposed "buffer" would provide no tangible protection to the residential neighborhood, because the "buffer" would be used as an integral part of the commercial development. It was agreed that the presentation of the sketch did not constitute a formal amendment to the application. Following the gathering of comments from the. neighboring residents, Mr. Reilly asked thatthe application be tabled so that he s,,ij©uld ,be able to meet with the residents to better plan and reconsider traffic exits from the proposed commercial area, indicating that his next presentation to the Planning Commission would reflect the concensus of the neighhorbood property owners. Commissioner Bogucki referred to the Osseo Road planning goals contained in the Comprehensive Plan and stated his opinion that the application is not consistent with those goals or with other elements of the Plan. Commissioner Ditter stated that the City's planning and development activities cannot be dictated by distant past decisions which resulted in undesirable land use interfaces. Chairman Jensen stated that the concern of the Commission was not necessarily related only to the concern of she i.*:imediately adjacent residents, but was directed primarily to the inconsistency of the application with the Comprehensive Man and to the resulting spread of similar commercial activity into neighboring residential districts which this application would ignite if approved. Following the gathering of additional comments from the audience, Member Bogucki moved and Member Grosshans seconded a motion to close the public hearing on Application No. 68077. Motion carried unanimously. Commissioner Ausen suggested that the matter be taken under advisement to permit the Commission to review in greater depth the relationship of the application to the Comprehensive Plan and the oaseo Road development goals. Motion by Member Grosshans, seconded by Member Bogucki, to table Application No. 68077 to per- mit such a revi.ew. Motion carried unanimously. The secretary was instructed to notify the applic^nts and the property owners as to the date of final consideration. The secretary was also instructed to contact the City Attorney ask hire to attend the Planning Co emission study meeting of January 16, 1969, when review of several tabled items is schejuled. 260 1 1 -4- Following the questioning of the applicant, and hearing the comments from the Commissioners and Staff, Chairman Jensen spoke of the proposed elementary school as being a welcomed addition to the communit-v. Motion by Dogucki, seconded by Ausen, to recommend to the City Council that the part of Application No. 68080 requesting a Special Use Permit be approved. Motion carried unanimously. Motion by Ditter, seconded by Engstrom, to recommend to the City Council that that part of Application No. 68080, requesting site and building plan approval be approved contingent upon the following conditions: 1) utility and drainage plans are subject to the approval of the City Engineer; 2) building plans are subject to the approval of the Building Inspector wiVh respect to applicable building codes; 3) a landscaping plan for the site shall be submitted to the Planning Commission for review within a reasonable period of time. Motion carried unanimously. The next item of business to be considered was Application No. 68076 submitted by Ray Denslow representing the Green Giant Company requesting asap?:oval of site and building plans for a restaurant to be located at 5540 Osseo Road. Representing the application for the owner were Mr. Denslow and Mr. Hag h from the staff of Cerny Associates. Motion by Bogucki, seconded by Ausen, to table Application No. 68076 to the January 16th study meeting of the Planning Commission to permit completion of the plans by the applicant and subsequent review by the City staff. Motion carried unanimously. The next application to be considered was No. 68079 sub- mitted by Robert Orth for Volp Construction Company requesting approval of site and building plans for property located at 4321 and 4323 - 68th Avenue North. Following the questioning of the applicant, Mr. Orth, and the gathering of comments from the Commissionert? and Staff, Member Bogucki moved and Member Ditter seconded the motion to recommend to the City Council that Application No. 68079 requesting approval of site and building plans be approved contingent upon the following conditions : 1) an easement agreement with reference to the joint-use driveway be filed with the City; 2) utility and drainage plans are subject to the approval of the City Engineer; 3) building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 4) a landscape plan for the site shall be submitted. Motion carried unanimously. 262 2()'5 )' -5- The next item of business to be considered was Application No. 68074 submitted by David Baerg requesting approval of the preliminary plat of Baerg Garden's Addition on the west side of Irving Avenue at 70th Avenue. The staff indicated that the proposed plat completes the subdivision of the George Johnson property and conforms with the master plat of the area approved in April of 1965 by the Planning Commission. Motion by Bogucki, seconded by Engstrom, to recommend to the City Council that Application No. 68074 for approval of preliminary plat of Baerg Garden's Addition be approved, subject to the pro- visions of the platting ordinance. Motion carried unanimously. The final application to be considered was No. 68071 sub- mitted by the Nordquist Sign Company requesting approval of three free-standing signs and one wall sign to be attached to the Brookdale Ford building located at 2500 County Road 10. Because no one was present to represent the application, member Bogucki moved and Member Engstrom seconded, that Application No. 68071 be tabled until further notice. Motion carried unanimously. Motion by Ditter, seconded by Bogucki, to adjourn until January 16, 1969, at which time the Planning Commission will meet in study session. It is intended on the 16th of January, 1969, to elect a Planning Commission Chairman, and the City Attorney will be asked to attend the meeting to consult with the Planning Commission on various matters. Motion carried unanimously. The adjournipent came at 1:00 A.M. on January 3, 1969. Chai ��� Y Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center in the County-of Hennenin and State of Minnesota January 4, 1969 The Planning Commission met in special session and was called to order by Chairman Robert Jensen at 8:00 A.M. Roll Call: Chairman Robert Jensen, Vice Chairman Robert Grosshans, Commissioners Vernon Ausen and Henry Bogucki were present. Following a lengthy discussion of the proposed Sign Ordinance (which will have its second reading on January 6, 1969) Mr. Bogucki introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 69-1 A RESOLUTION RECOMMENDING AMENDMENTS TO THE NEW SIGN ORDINANCE WHEREAS, the Planning Commission did draft a Sign Ordinance as a part of the 701 study; and WHEREAS, the Planning Commission did hold Public Hearings and consult with the sign industry, business community, and the general public; and WHEREAS, the Planning Commission did submit a proposed sign ordinance to the City Council on January 5, 1967; and WHEREAS, the City Council reviewed and substantially altered same; and WHEREAS, the City Manager on October 28, 1968, requested a review and asked for constructive suggestions; and WHEREAS, although the Planning Commission cannot endorse certain definitions and permitted signs as stated in the ordinance draft dated October, 1968, such as Roof Signs, and Projecting Signs, nevertheless we desire to respond to the request for suggestions, NOW, THEREFORE, BE IT RESOLVED that the Planning Commission makes the following recommendations: 1. Section 34-110 Definitions too Line be changed to read "The profile of the roof" Sign., Gross Surface Area of - add the following: "The entire message on any one sign surface shall constitute one sign. Where the wall is the sign surface, the sign area shall include all words com- prising the complete message." 2. Section 34-140 1. General requirements A . Delete the word "business" (Why is a business sign more objectionable than a Fraternal or Church sign?) fiA 1 1 -2- B. Delete the words "wall or" (confusing-see definitions of Wall sign, page 4) 3, Section 34-140 General Requirements Permitted signs Requiring a Permit A (1) add the following sub paragraphs: (a) No roof sign shall project more than six feet above the roof line at any part of the base of the sign. (b) All points at the base of a roof sign shall be on the roof line. (c) The maximum elevation of a projecting sign shall not exceed the elevation of a roof line. (d) The area of a projecting sign shall not exceed the area allowed for a free standing sign of a comparable height. The motion for the adoption of the foregoing resolution was duly seconded by Robert Grosshans, and upon a vote being taken, the following voted in favor thereof: Robert Jensen, Robert Grosshans < Vernon Ausen and Henry Bogucki; voting against: none; where- upon said Resolution was declared passed and adopted. Motion by Ausen, seconded by Bogucki, that the meeting be adjourned. The motion carried unanimously. The meeting adjourned at 2:30 P.M. C irman 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 January 16, 1969 The Planning Comnmission met in study session and was called to order by Chairman Robert Jensen at 7:40 P.M. Chairman Robert Jensen formally recognized Mr. Charles Nichols as a new member of the Planning Commission, replacing Mr. Helmer Engstrom who retired. Mr. Nichols was previously administered the oath of office at the Brooklyn Center City Hall on January 15, 1969, by the City Clerk, Allen Lindman. Roll Call: Chairman Robert Jensen, Vice Chairman Robert Grosshans, Commissioners Paul Ditter, I3enry Boguc'ti and Charles Nichols were present. Corn.-LE,sioner Vernon Ausen arrived at 8:23 P.M. Also present were D. G. Poss, R. Schieffer, C. E. Van Eeck'-?.out, J. R. Mlarphey, B. Peterson and R.L. naarman. The first item of business to be considered was Application No. 68076 submitted by Green Giant Company requesting approval of site and building plans for a restaurant to be located at 5540 Osseo Road. This application had been tabled at the January 2, 1969, meeting of the Planning Commission. At this time, the acting Secretary to the Planning Commission presented an overview of the application, and reconattonded approval with the usual conditions and the added condition that approval of the City Sanitarian be obtained before City Council review of the application. Motion by Ditter, seconded by Bogucki, to recommend to the City Council that Ppplication No. 68076 requesting site and building plan approval be approved contingent upon the following Conditions: 1) utility and drainage plans are subject to the approval of the City Engineer; 2) building plans are subject to the approval of the wilding Inspector with respect to applicable building codes; 3) entrancea and exits will be 24 feet wide and changes in the canopy design shall not violate setback requirements; 4) a landscape plan for the site will be submitted for staff approval.; 5) a performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee site improvements as designated on plans submitted. 6) approval of the City Sanitarian will be obtained be-fore Citv Council review of this application; 7) this approval does not include signery. Motion carried unanimously. (33 -2- The next item of business to be considered was Application 'go. 68077 submitted by Attorney R. William Reilly requesting re-zoning from C1 to C2 property located at 65th and Osseo Road. Chairman Jensen indicated that this Application had been tabled on January 2, 1969, and stated that it was now open for discussion with specific reference to the relationship of the application to the Osseo Road Goals as contained in the Compre- hensive Plan. Chairman Jensen read the eight Osseo Road Development Goals contained in the Brooklyn Center Comprehensive Plan and items 9 and 10 of the Plan Recommendations for this Central Neighbor- hood of Brooklyn Center' s six study neighborhoods. A discussion of the Application and its relationship to the Comprehensive Plan ensued with the consensus of the Commission being that the concept of the Comprehensive Plan was valid and applicable to Application No. 68077 and that Application No. 68077 was not consistent with those concepts. Attorney Reilly stated that it was his information that the City had re-zoned property at 57th and Logan Avenues for a service station which interfaces with residential property and that denial of his similar application might constitute denial of due process. The City Manager responded that the City had not "re-zoned" the subject property and that, rather, the property had long ago been zoned to permit a service station use in 1957 and the City had recently attempted unsuccessfully to prevent its use as a "shopping station" because of parking inadequacies. The City Manager pointed out than this "shopping station" use, as well as the other illustrations involving commercial interface with existing residential neighborhoods cited by Attorney Rcilly as precedents for his request, presented eloquent testimoney to the incompatibility and frictions created by a commercial interface with existing and established resi- dential neighborhoods. It was further pointed out that previous litigation had established that a "bufer" or transitional use between commercial and residential land use in such situations as illustrated in the "Raskin" case at 61st Avenue between Osseo Road and Beard Avenue. Following further discussion of the Application and the Comprehensive Plan and upon a polling of the Commissioners, Chairman Jensen asked that the City staff prepare a draft resolution for Commission review and consideration incorporating the Commission reasons for denial of the Application. It was directed that such a draft resolution be presented for Commission consideration at its next meeting. As the next item of business, Chairman Jensen indicated to I` k-he Commissioners that a Chairman for the Planning Commission should be elected for this coming year. After a brief discussion, member Bogucki moved, seconded by Ditter, to re-elect Robert Jensen as Chairman and Robert Grosshans as Vice Chairman of the Planning Commission. Motion carried unanimously. The next item of business to be considered was Application No. 68066 submitted by Shopper's City requesting approval of site and building plans. This application had been before the Planning Commission on January 2, 1969, and was tabled at that time to permit a review of the parking requirements for a retail -3- furniture use, particularly in light of the formula of 2 spaces per 1000 square feet of gross floor area as previously applied in the Boutell's application. It was the consensus of the Commission that such a formula was applicable only to individual buildings dedicated exclusively to furniture sales and not to "department stores" which may allocate space to furniture sales. Following a polling of Commissioners, Chairman Jensen directed that the City staff prepare a draft resolution for Commission review and consideration incorporating Commission reasons for denial of the Application. It was directed that such a draft resolution be presented for Commission consideration at its next meeting. The next application to be considered was No. 68073 submitte:. by the Dietrich Company requesting re-zoning from R3 to R5 classification. This application had been tabled at the January 2, 1969, meeting for study at this meeting. The City Manager spoke to the Planning Commission regarding the application indicating he had additional information for their consideration: 1) soil conditions contiguous to and west of the subject property range from fair to unbuildable and should now be recognized as a factor influencing tine eventual development of the area, and 2) zoning and development in Brooklyn Park north and northwest of the property in question, and 3) possibility of securing a master development plan for the 60+ acres if something other than a "pure" R3 would be considered by the Commission. Following a discussion of the application with the City Manager and the gathering of comments from the Commissioners, it was the consensus of the Commission that an imaginative development plan incorporating a multip-use planning development or a green strip buffered multiple dwelling development would be favorably received by the Commission. Member Bogucki moved and member Grosshans seconded a motion to continue the applicatia: to the next meeting of the Planning Commission. The remainder of the meeting consisted of a discussion by the Commission of zoning matters with the City Attorney answering specific questions directed to him by the Commissioners. Motion by Nichols, seconded by Ausen, to adjourn. Motion carried unanimously. The meeting adjourned at 12:05 A.M. , Friday, January 17, 1969. Chairm 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 January 30, 1969 The Planning Commission met in study 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 and Charles Nichols were present. Also present were C. E. Van Eeckhou - , Bambridge Peterson and R. L. Haarman. The first item of business was a discussion of a draft of Resolution No. 69-2, said resolution recommending denial of Application No. 68077 submitted by R. William Reilly. (Member Henry Bogucki arrived at 7 :50 P.M.) Following discussion of the proposed resolution and the gathering of comments from the Commissioners, Chairman Jensen directed the Secretary to have a final draft ready for adoption at its next meeting. At this time Application No. 68018 submitted by Glad and Miller Construction Company requesting re-zoning from 0-2 to R-5 a parcel of property bounded by T.H. No. 100, Lakeside Avenue and Lower Twin Lake, was presented. The acting Secretary to the Planning Commission read the City Council proceedings (City Council Minutes of January 20, 1969) which referred the matter back to the Planning Commission for review and a recommendation using the concepts outlined in the Midwest Planning and Research Report. After a review of the Planning Commission's responsibilities in this matter and a brief discussion of the application, Chair- man Jensen directed the Commissioners to review and study the brochure handed out entitled "A Chronological Summary of Planning Commission Application No. 68018" as well as the City Council minutes of January 20th. Mr. Jensen suggested some thought be given to this application prior to February 6, 1969, when it will be considered. The Planning Commission recessed at 8:45 and resumed at 8:50. At this time the Honorable Mayor Cohen arrived to address the Planning Commission with reference to their role and the recommendations they make to the City Council. Mayor Cohen pointed out that the City Council values the opinions and recommendations of the Planning Commission members collectively and individually and went on to suggest some areas for study that would expand the knowledge of the City Council . The remainder of the meeting consisted of a discussion with the Mayor of various items including: a walkway or sidewalk system for the City; assistance that might be given to the Planning Commission, such as monies for outside speakers and materials; the problems of urban renewal, noise abatement, and a housing code. 98 1 1 1 99 At this time the Chairman of the Planning Commission thanked the Mayor for his visit and suggested to the Planning Commission members that project priorities be set up in the near future. Motion by Dorenfeld, seconded by Bogucki, to adjourn. The motion carried unanimously. The meeting adjourned at 11:05 P.M. h irman 1 1 1 An Minutes of the Proceedings of the Planning Commission in the City of Broo lyn Center in the County of Hennepin and State of Minnesota February 6, 1969 The Planning Commission met in regular session and was called to order by Chairman Robert Jensen at 7:38 P.M. Roll Call: Chairman Robert Jensen, Commissioners Charles Nichols, Vernon Ausen and Henry Boguc:ci were present. Commissioner Adrian Dorenfeld arrived at 7:50 P.M. Also present were D. G. Poss, C. E. VanEeckhout, J. R. Murphey, E. Hagel and R. L. Haarman. Chairman Jensen made a general announcement that the Bryant Investment Company application would not be considered tonight and that the re-zoning as published in the newspaper was a mistake and that the matter would be considered at a later date. Jensen stated the re-zoning request would again be published in the newspaper and notices would be sent to affected property owners prior to its hearing. The first item of business to be considered was Application No. 69002 submitted by Wm. J. Lundberg requesting approval of a preliminary plat to be known as Farr's Riverview Addition. Discussion of the application centered on easements lying on the easterly and southerly boundaries of the property; the question of a school district boundary as it might affect this property; and the dimensional requirements of the lots as out- lined in the Platting Ordinance. (Commissioner Adrian Dorenfeld arrived during this discussion.) Motion by Ausen, seconded by Dorenfeld, to table Application No. 69002 until February 10, 1969, to give the staff time to review dimensional requirements of the lots and the school district factor. Motion carried unanimously. The next item of business to be considered was Application ho. 68077 submitted by R. William Reilly requesting re-zoning from Cl to C2 property located at 65th and Osseo Road. Motion by Bogucki, seconded by Ausen, to adopt Resolution No. 69-2, said resolution recommending denial of the application. Voting for the resolution were: Robert Jensen, Henry Bogucki, Vernon Ausen, Charles Nichols; Adrian Dorenfeld abstained. Motion carried. The secretary to the Planning Commission was asked to read aloud Resolution No. 69-2. PLANNING COMMISSION RESOLUTION NO. 69-2 RESOLUTION RECOMMENDING DENIAL OF APPLICATION MO. 68077 SUBMITTED BY R. WM. REILLY WHEREAS, R. William Reilly has submitted Application No. 68077 requesting re-zoning from Cl to C2 property located at 65th and Osseo Road; and WI�EREAS, the Planning Commission has reviewed the request for re-zoning at a public hearing held pursuant to published and mailed notices on January 2, 1969, and has considered all factors relating to the requested re-zoning, especially the u 1 1 1 71 -2- relation of its effect on comprehensive planning for the City with which the Planning Commission is charged; and WHEREAS, the Planning Commission did adopt, in November of 1966, a Comprehensive Plan relating to the uses of land in the City of Brooklyn Center, which plan included the recommendation that the property comprehended within this application should be devoted to an office/service type use; and WHEREAS, the comprehensive zoning ordinance enacted by the City Council on June 23, 1968, designated the subject property as a Cl Office/service classification consistent with the Comprehen- sive Plan; and WHEREAS, the re-zoning application in question, proposes a more active and intense use then that comprehended by the Comprehensive Plan; and WHEREAS, this use would generate a significant amount of traffic near a freeway ramp and therefore should be discouraged; and WHEREAS, the applicant has not demonstrated a public or private purpose which justifies a change of the Comprehensive Plan or the violation of the existing residential neighborhood; and WHEREAS, allowing this re-zoning request, if approved, would invalidate prohibitions of further commercial encroachment of existing residential neighborhoods lying to the north or across Csseo Road, LOW„ THEREFORE, IT IS HEREBY RECOMMENDED to the City Council that re-zoning Application No. 68077 be denied. The next application to be considered by the Planning Commission was Application No. 68018 referred back to the Planning Commission by the City Council at its January 20th meeting. The City Council directed the Planning Commission to review and make a recommendation on Application No. 68018 as amended along the concepts outlined in the Midwest Planning and Research, Inc. Report dated January 14, 1969. In addition, the staff was directed to provide the Planning Commission with the following information to assist the review: 1) A preliminary layout illustrating how a neighborhood park might be developed consistent with the provisions of the Midwest proposal. 2) An indication from the Minnesota Highway Department regarding City use of a portion of excess Trunk Highway 100 right-of-way for park purposes. 3) A traffic analysis of the ability of Lakebreeze Avenue and the proposed France Avenue interchange to handle the existing and projected traffic volumes and the impact thereon of traffic which might be generated by the proposed apartment development. The City Manager reviewed the application and elaborated on each of the three above points. He described, with the use of drawings, how a park could be positioned on this property 1 1 1 Q) -3- consisting of approximately 4.7 acres in size; 2.3 acres contri- buted by the applicant, and 2.4 acres coming from the Minnesota Highway Department right-of-way. In addition, approximately 0.6 acres would be contibuted by the applicant for the extension of Twin Lake Avenue. The preliminary layout illustrated a ball diamond, a playground equipment area, two thirds to three quarters of an acre of beach on Twin Lake, and the existing bathhouse, and parking. The City Manager also discussed his visits with Vne Minnesota Highway Department which included City Engineer Charles VanEeckhout, explaining that the attitude of the Minnesota Highway Department was very favorable to the proposal. The City Manager reviewed the proposed frontage road design along Highway 100, indicating construction limits and the positioning of the -fence line along and adjacent to Highway No. 100. The traffic analysis, as directed by the City Council, was presented by City Engineer C. E. VanEeckhout. A report had been prepared by Mr. VanEeckhout, dated February 6, 1969, entitled "Traffic Considerations Relative to the Proposed Glad and Miller Development in the Lower Twin Lake Area of Brooklyn Center" . Mr. Van Eeckhout discussed the effect of the develop- ment proposal on the France Avenue intersection prior to its scheduled upgrading in 1972 or 1973 indicating that its effect would be small because of the temporary signal to be installed on T.H. 100 at Indiana Avenue. After upgrading, the France Avenue intersection should easily be capable of handling the anticipated traffic off Lakebreeze Avenue and France Avenue. At this time, Attorney Karl Herman, representing Glad and Miller, the applicant, was recognized by Chairman Jensen. Mr. Herman indicated that his applicants join in the recommendation of Midwest Planning and Research, Inc. , and would be prepared to dedicate land for park and street purposes and would work with the Minnesota Highway Department as necessary. At this time, Mr. Robert Schimke, the applicant's architect, discussed the Midwest Planning concepts with the Planning Commission and presented some rough sketches of a multi-level A-frame type unit, three to four stories high in an L-shape. Mr. Schimke indicated that while his sketches had been done before the Midwest Planning report came out, they do not in any way con- flict with the proposal of Midwest Planning. Following the questioning of the architect and the gathering of comments from the audience, discussion by the Planning Commissioners centered on the uncertain position of the Park and Recreation Board and their recommendations pertaining to this application. Park and Recreation Department Director, Eugene Hagel, speaking for himself and not the Park and Recreation Board, stated that the 4.7 acre park layout was adequate for neighborhood park purposes. Mr. Hagel went on to explain that the character of a park, whether neighborhood or community-wide, is to a very large degree influenced by the facilities provided in the park. Further discussion. ensued among the Planning Com.-nissioners and staff, whereupon Chairman Jensen presented the Planning Commission with a summary including the following: 1) The recommendation of Midwest Planning and Research, Inc. would create a neighborhood park for the area. 116 119 -4- 2) The Minnesota Highway Department will apparently approve park land use on their right-of-way. 3) Traffic analyses provided by the City Engineer would indicate that previous concern regarding traffic problems could be resolved. Chairman Jensen indicated that the Planning Commission should base its recommendation to the City Council on this information. Motion by Henry Bogucki, seconded by Adrian Dorenfeld, to defer Application No. 68018 until February 10, 1969, to permit study of the information presented at this meeting. Ma.tioti.,::, carried..:upan.4 ously. Chairman Jensen called for a recess at 10:20 P.M. The meeting resumed at 10:30 P.M. Following recess, the first item of business to be con- sidered was Application No. 68066 submitted by Shopper's Cite requesting site and building plan approval. The Secretary to the Planning Commission reviewed the history of the application, explaining in particular that the most recent proposal sub- mitted by Mr. L. Fulop, the applicant' s architect, disregards the parking provisions of the City Ordinances in that his modified plan is still deficient in parking requirements by 144 spaces. Mr. Mel Roth, president of Shopper' s City, speaking on behalf of the application, indicated that he wished the Planning Commission to review the site plan and allow construction of the additions to the extent that the required number of parking spaces could be met and asked that a variance be granted on the remaining additions for which parking is not provided. The City Manager questioned this procedure and recommended that Mr. Roth and his architect, Mr. Fulop, return to the Planning Commission at a later date, with plans that meet the requirements of the parking ordinance and suggested that a variance application would be a separate matter for consideration by the City. The City Manager referred to the C. E. Bather and Associates report dated June 9, 1961, and reminded the applicant that report suggested traffic exit provisions which would encourage the south, east and west bound existing traffic to use the 63rd Avenue exits. Said recommendation was made a part of plan approval for a store expansion which occurred in 1961. Following the questioning of the applicant and a fl gcussion of various parking problems as they relate to the Shopper's City operation, a motion was made by Ausen, seconded by Dorenfeld, to table Application No. 68066 submitted by Shopper' s City until the 10th of February, 1969, so as to allow the applicant time to return to the Planning Commission with site and building plans that meet the City Ordinance requirements. motion ,Cat-ried unanimously. The next item of business to be considered was Application No. 68071 submitted by the Nordquist Sign Company prior to the adoption of the new Brooklyn Center Sign Ordinance. In reviewing the application for the Planning Commission, the City Manager indicated that the new sign ordinance does not provide or allow for used car signs that most automotive dealerships historically have had. Mr. C. L. McCline with the Nordquist Sign Company, representing Broekdale Ford, discussed the new signing as at part iza -5- of a nation wide effort on the part of the Ford Motor Company to standardize all dealership organizational signs. Discussion by the Planning Commission centered on the concept of indoor merchandising as opposed to outdoor merchandising; the question of the sign ordinance as it relates to automobile sales; and a discussion of general signing problems. It was indicated to the applicant that a further review of signing for outdoor merchandising, specifically automobiles, would be forthcoming in future months. In view of the fact that the Nordquist Sign Company is permitted to erect a freestanding dealer identification sign, as well as the directional sign and a wall service sign, a motion was made by Dorenfeld, seconded by Ausen, to deny approval of Sign No. 2 which would be a freestanding used car identification sign. Motion carried unanimously. The next application to be considered was Application No. 68008 submitted by Federal Lumber Company, requesting plan approval of a building addition. Mr. J. R. Murphey, the Brooklyn Center Building Inspector, spoke to the Planning Commission, indicating the original application was for approval of site and building plans for an addition to and remodeling of the existing principal buildings on this property. The original application was approved by the City Council in March of 1968. Fie indicated further that revised plans covering the construction of a model home and erection of an open steel structure were approved in September of 1968. With reference to the revised application before the Planning Commission, Mr. Murphey stated that Federal Lumber Com- pany has applied for a building permit to enclose this steel structure and add a 16 foot by 56 foot storage structure on the north side of the principal building, and that this revised application should be accorded the same careful consideration that would be given to a new building. Following the questioning of the applicant, Mr. Sam Rosenbaum, and the gathering of comments from the Commissioners, a motion was made by Bogucki, seconded by Nichols, to recommend plan approval of the building addition to the City Council. Motion carried unanimously. The next item of business to be considered was Application No. 69001 submitted by Brooklyn Center Industrial Park requesting subdivision approval of property in the Twin Cities Interchange Park Addition. After a brief review by the City Manager, a motion was made by Nichols, seconded by Ausen, to recommend to the City Council approval of Application No. 69001 requesting subdivision approval. Motion carried unanimously. Motion by Bogucki, seconded by Dorenfeld, to recommend to the City Council the adoption of an Ordinance amending Chapter 35" by re-defining the boundaries of certain property within Section 35-1220 and Section 35-1200. Motion carried unanimously. Motion by Dorenfeld, seconded by Nichols, to adjourn. Motion carried., Adjournment came at 12;28 A.M., February 7, 1969. :. LXJ - �ti Chai a 122 Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center in the County-of Hennepin and State of Minnesota February 10, 1969 The Planning Commission met in study session and was called to order by Vice Chairman Robert Grosshans at 7:50 P.M. Roll Call: Vice Chairman Robert Grosshans, Commissioners Paul Ditter, Henry Bogucki, Vernon Ausen, and Charles Nichols were present. Commissioner Adrian Dorenfeld arrived at 7:55 P.M. Also present were C. E. VanEeckhout, R. Schieffer and R. L. Finarman. Commissioner Robert Jensen arrived at 9:20 P.M. Acting Chairman Grosshans indicated that the public hearing on Application No. 68018 submitted by Glad and Miller Construction Company had previously been closed. The Secretary to the Planning Commission was asked to read an excerpt from the Planning com=mission minutes of February 6, 1969, that related to this application. At this time discussion centered on legal ramifi- cations of approval or denial of the amended application. The City Attorney reviewed the history of zoning and private property rights to the Planning Commission in an effort to provide some understanding that might be applicable to this petition. Following the City Attorney' s review of the history of zoning and private property rights, the Planning Commission discussed its role and what action should be taken on the amended application, in light of the City Council's request for a recommendation. Following the gathering of individual comments from the Commissioners regarding the recommendation of Midwest Planning and Research, Inc. , (Robert Jensen arrived at 9:20 P.M.) a motion was made by Nichols, seconded by Dorenfeld, to recommend to the City Council denial of amended Application No. 68018 along the concepts outlined in the Midwest Planning and Research, Inc. report because of a lack of implementation control on "proposed" developments subsequent to re-zoning. Upon vote being taken thereon, the following voted in favor thereof: Charles Nichols and Adrian Dorenfeld; and the following voted against the same: Paul Ditter, Henry Bogucki, Robert Grosshans, Robert Jensen, and Vernon Ausen, whereupon said motion was declared not passed. At this time a motion was made by Ausen and seconded by Nichols, to recommend to the City Council denial of amended Application No. 68018 along the concepts outlined in the Midwest Planning and Research, Inc. report because it amounts to a repudiation of time Comprehensive Plan for a single family community in this area, and therefore a study should be made to consider the desirability of changing the entire neighborhood to R5 zoning. A discussion ensued between the City Attorney, Commissioner Ausen and other Commuissioners regarding the relationship of the subject report to the Comprehensive Plan. Upon a vote being taken thereon, the following voted in favor thereof: Vernon Ausen, Charles Nichols, Adrian Dorenfeld, and Paul Ditter; and the following voted against the same: Henry Bogucki, Robert Grosshans, Robert Jensen; whereupon said motion was declared duly passed. 128 1 125 -2- At this time Henry Bogucki, speaking for the disenting voters on the Ausen motion, stated they were in favor of amended Application No. 68018 along the concepts outlined in the Midwest Planning and Research, Inc. report. However, member Bogucki spoke of the Planning Commission's concern with re-zoning and also suggested a study be made to see if re-zoning the entire area to a higher use would be feasible. In addition member Bogucki indicated skepticism of the factors involved in the Midwest Planning and Research, Inc. report; in that decisions and dedications to be made by the Minnesota Highway Department, the City of Robbinsdale, Dale Tile Company, and the applicant himself, cannot be guaranteed at the time the area would be re-zoned. It was, however, their opinion, in consider- ation of all -'C-he factors, that the concepts outlined in the Midwest Planning and Research, Inc. report were valid and proper. Acting Chairman Grosshans called for a recess of the Planning Commission. Recess began at 10:15 P.M. (Member Charles Pdichols left at this time.) Following recess, Chairman Robert Jensen called the Planning Commission back to order at 10:35 P.M. The first item of business following recess to be considered was Application No. 68066 submitted by Shopper's City. Following the discussion of the application and the gathering of comments from the Commissioners, a motion was made by Dorenfeld, and seconded by Ditter, to give tentative approval to Application No. 68066 for the site and building plans at Shopper' s City with final approval subject to the following conditions: 1) a land survey shall be made for the purpose of accurately illustrating on the site plan the locations of the buildings and other topographical features within the site to the property lines; 2) the exiting traffic recommendations made in 1961 by Bather and Associates will be continued and illustrated in the parking layout plans; 3) sufficient parking spaces shall be provided to support the commercial operation as specified by the Zoning Ordinance; 4) parking lot perimeter curbing shall be installed and parking stalls shall be painted, all as specified by the Zoning Ordinance; 5) a performance bond (in an amount to be determined by the City Manager) shall be provided as a guarantee of compliance with approval plans; 6) a 12 foot high wall shall be constructed on the northwest corner of the building and another con':iguous to the loading area on the north side of the building from matching building materials. Motion carries': unanimously. 126 1 -3- The next item of business to be considered was Application No. 69002 submitted by William J. Lundberg requesting approval of a preliminary plat to be known as Farr' s Riverview Addition. Following a review of the application by the Secretary, a motion was made by Bogucki, seconded by Grosshans, to recommend to the City Council that application No. 69002 for approval of a preliminary plat to be known as Farr's Riverview Addition be approved with the following recommendation to go to Anoka-Hennepin School District No. 11 and Earle Brown School District No. 286: it is recommended that Lots 1 and 2 of Farr's Riverview Addition be included in and served by the Anoka-Hennepin School District No. 11 and that Lots 3°:j 4, and 5 of Farr's Riverview Addition be included in and served by Earle Brown School District No. 286. Motion carried unanimously. Motion by Dorenfeld, seconded by Ausen, to adjourn. The motion carried unanimously. Adjournment came at 11:20 P.M. _�LL .1 -11-Ll- - Chaim n Minutes of the Proceedings of the Planning Commission in the City of Broonlyn Center in the Ccunty of Hennepin and State of Minnesota February 27, 1969 The Planning Commission met in study session and was called to order by Vice Chairman Robert Grosshans at 7:50 P.M. Roll Call: Vice Chairman Robert Grosshans, Commissioners Paul Ditter, Henry Bogucki, and Vernon Ausen were present. Also present was R. L. Haarman. The fj.rst item of business was Application No. 69003 sub- mitted by Rauenhorst Corporation for site and building plan approval. Motion by Eogucki, seconded by Ditter, to recommend to the City Council approval of Application No. 69003 with the following conditions: 1) utility and drainage plans are subject to the approval of the City Engineer; 2) building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 3) a performance bond shall be submitted to the City to guarantee site improvements as designated on plans submitted; 4) a recommendation be made to screen or enclose any cooling tower on top of this building. The motion carried unanimously. The next item of business considered was Application No. 68066 submitted by Shopper' s City requesting site and building plan approval. Motion by Ausen, seconded by Ditter, to recommend to the City Council approval of Application No. 68066 with the following conditions: 1) the exiting traffic recommendations made in 1961 by Bather and Associates will be continued and illustrated in the parking layout plans; 2) parking lot perimeter curbing shall be installed and parking stalls shall be painted, all as specifies': by the Zoning Ordinance; 3) a performance bond (in an amount to be determined by the City Manager) shall be ,provided as a guarantee of compliance with approved plans; 4) a 12 foot high wall shall be constructed on the northwest- corner of the building and another contiguous to the loa:ing area on the north side of the building from matching building materials; O -2- 5) sufficient- parking spaces shall be provided to support the commercial operation as specified by the Zoning Ordinance, keeping in mind that gross floor area includes by definition horizontal areas used for all storage, display, service, or pro- - cessing, except for uses set forth within Section 35-800, Administrative Permits. The motion carried unanimously. The remainder of the meeting consisted of a discussion by the Commission of various planning subjects under their co e iperation. Motion by Ditter, seconded by Ausen, to adjourn. Motion carried unanimously. Adjournment came at 11:00 P.M. Chairman 8�' C Minutes of the Proceedings of the Planning Commission in the City of Brool-.lyn Center in the County of Mennepin and State of Minnoaota Mach 6, 1969 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, Commissioners Paul Ditter, Henry Bogucki, Robert Grosshans and Vernon Ausen were present. Also present were Robert L. Haarman, C. E. Van Eeckhout, J. R. Murphey, and D. G. Poss. Commissioner Charles Nichols arrived at 71 :42 P.M. Motion by Ditter, seconded by Ausen, to approve the minutes of the regular meeting of February 6, 1969, and the study meetings of February 10, 1969, and February 27, 1969, as submitted. The motion carried unanimously. (Commissioner Nichols arrived at this time.) The first item of business to be considered was Application No. 69004 submitted by Karl Peys requesting a variance to build on a substandard lot located at 5332 Logan Avenue North Following a discussion with the applicant and the staff, and the gathering of comments from the audience, a motion was made by Bogucki, seconded by Nichols to table Application No. 69004 until such time as Mr. Peys presents the Commission with a certi.fi.ed survey of the property in question which will define the exact location of his garage. The motion carried unanimously. The next item of business to be considered was Application k',-. 69005 submitted by Bryant Investment Company requesting re-zoning from I-2, 0-1 and R-1 to the P.-5 classification, property generally located south of upper Twin Lake North and north of the Soo Line Railroad right-of-way. Following a presentation by the City Staff and the question- ing of Mr. R. Ernst, representing Bryant Investment, Chairman Jensen heard comments from interested property owners. Discussion of the application centers:] on the proposed i.nstallatlon of 51st Avenue North land characteristics and development problems, and traffic; generation from multiple dwellings. Motion by Robert Grosshans, seconded by Paul Ditter, to close the public hearing. The motion carried unanimously. After further discussion_, a motion yeas made by Henry Boguc;.i and seconded by Robert Grosshans to take Application No. 69005 under advisement for _f_u. ther consideration. The secretary was instructed to notify P-dja ent property owners of the tiii,e of +_he ne..t Planning, Com-ni=lion in.ecting on this Applic tic.i. The next: it= of business to be considered was Application No, 69006 suhmi tied by E01ward Woody requesting subdivision apnroval of hart of Lot 2, Llnck 1, Hi Crest Square Addition into two parcels of approximately 4 and 8 acres, the applicant l?csing concerned wish the 4 acre parcel conti7:ous to Humboldt Avenue. 89T -2- Discussion of the application centered on the appropriate size of any commercial development in this area, possibilities for development of the remaining parcel (approximately 8 acres) should this subdivision be approved, and piecemeal development as opposed to integrated development of the parcel. It was the concensus of the Planning Commissioners that it was probably not economically feasible that the entire 12 acres could be developed in C2 uses, but the Commission was of the opinion that something greater than 4 acres of C2 development would be demanded by the neighborhood. Following the questioning of Mr. Stan Sopczyk, representing Mr. Woody, and the gathering or comments from the staff, a motion was made by Grosshans, seconded by Bogucki, to recommend to the City Council that Application No. 69006, requesting subdivision approval, be denied. The motion carried unanimously. At this time (10:00 P.M.) Chairman Jensen called for a recess. Commissioner Vernon Ausen excused himself and left the meeting. Chairman Jensen called the meeting back to order at 10:15 P.M. The next application to be considered was No. 69008 submitted by Brooklyn Center Development Corporation requesting site and building plan approval for two "spec" industrial buildings to be located at 1600 and 1700 - 65th Avenue North. Following the questioning of Mr. Carl Lien, representing Brooklyn Center Development Corporation, and the gathering of com-ments from the Commissioners and Staff, a motion was made by Nichols, seconded by Ditter, to recommend to the City Council that Application No. 69008, requesting site and building plan approval be approved with the following conditions : 1) utility and drainage plans are subject to the approval of the City Engineer; 2) building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 3) a Performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee site improvements as designated on plans submitted. The motion carried unanimously. The next item of business was Application No. 69012 submitted by Brooklyn Center Development Corporation requesting site and building plan approval for apartments (not including garages or a recreation building) to be built south of 69th and west of Hum- boldt Avenues North in Outlot A and E of Twin Cities Interchange Parh Addition. Discussion centered on utilities, parking and driveway widths, fire prevention provisions, security systems, and rubbish storage/ removal. L J .Z!C;a.':iPI ri F 7, ;-�r, C; E i�' .'iJ f.k""r n:•, r'?'+r., +. �ter' r. �`.a., � ;43.t::.! _."i.:r '{.C� ;?C`.' 3.4' .a �`.`,i% ` .r�; ., 4',r' .. ... J�.,, )'l A... ? i..i� T�t..a. 'LT\..w..F Y..w�:.r� eJa.� ... 't.✓-'..r,'� ... ..,, t� .i,�w"...A ?.'.�. ��, :5.,. n`F��w�- � , i'4. Y:♦ is f. r,• r r -3- Following the questioning of Mr. Lien, representing Brooklyn Center Development Corporation, and the Staff, and the gathering of comments frog► the Commissioners, a motion was made by Ditter, seconded by Bogucki, to recommend to the City Council that Appli- cation No. 6 0-012, requesting site and building plan approval, be approved with the following conditions: 1) utility and drainage plans are subject to the approval of the City Engineer; 2) building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 3) a performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee site improve- ments as designated on plans submitted. 4) approval does not extend to garages or recreation buildings since no plans for same were stab litter . The motion carried unanimously. The next item of business was Application No. 69007 sub- mitted by Edward woody requesting site and building plan approval for a Tom Thumb store to be located in the 6800 block of Humboldt Avenue North. Discussion centered on building materials and the screening of any outside storage or refuse areas. Following the questioning of Mr. Sopczyk, the staff, and the gathering of comments from the Commissioners, a motion was made by Ditter, seconded by Bogucki, to recommend to the City Council that Application No. 69007, requesting site and building plan approval, be approved with the following conditions 1) utility and drainage plans are subject to the approval of the City Engineer; 2) building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 3) a performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee site improve- ments as designated on plans submitted; 4) outside refuse disposal or storage areas be screened. The motion carried unanimously. The next item of business was Application No. 69011 submitted by Larson and PcLaren requesting site and building plan approval for a Donaldson's car care center within the Brookdale Shopping Center behind the Mobil Station on the corner of Xerxes Avenue North and County Road 10. OLT -4- Discussion centered on parking requirements adjacent to and f r this use being with Brookdale Center's minimums. Mr. Kenneth Oswald, manager of Brookdale for Dayton Development C mpany, answered questions regarding parking provisions. The Planning Commission reviewed the parking formula and looked at aerial photographs of the Brookdale Center during two different C ristn.as seasons. Site and building plans were reviewed with Mr. Donald Green, of Larson and McLaren, the architect on the p oject. Following the questioning of the applicant, the Staff and the gathering of comments from the Commissioners, a motion was made by Grosshans, seconded by Nichols, to recommend to the City Council that Application no. 69011, requesting site and building plan approval, be approved with the following conditions: 1) utility and drainage plans are subject to the approval of the City Engineer; 2) building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 3) a performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee site improve- ments as designated on plans submitted; 4) Dayton Development Company shall pave additional areas as required if studies show parking within the Brookdale Center is deficient. The motion carried unanimously. The next application to be considered was No. 68002 (revised) submitted by Darrel Farr requesting approval of site and building plans for a recreation building to be located on Outlot A within the Twin Lake North apartment project located between Major Avenue North extended and the west City limits north of County Road No. 10. Following the questioning of Mr. Jerald Halmrath representing the applicant, the staff, and the gathering of comments from the C mmissioners, a motion was made by Bogucki, seconded by Ditter, to recommend to the City Council that Application No. 68002 (revised) , requesting site and building plan approval, be approved with the following conditions : 1) the proposed dwelling unit in the recreation building shall be converted to three sleeping rooms with bath- room facilities and without any kitchen or food preparation provisions; 2) the proposed guest accommodations shall be available only to guests of tenants and shall not be leased or permanently rented to anyone; 3) the facilities of the proposed activity shall not be rented to outside interests, but rather limited to the use of tenants and their guests; n�_ 0 1 1 T 9T -5- 4) utility and drainage plans are subject to the approval of the City Engineer; 5) building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 6) the performance agreement and performance bond preciously submitted to the City to guarantee site improvements shall be construed as including this recreation building approval. The motion carried unanimously. The next item of business was Application No. 69009 sub- istted by Chrysler Realty requesting approval of a preliminary plat to be known as "Chrysler Realty Addition" and approval of lighting plans, both required as part of plan approval by the City Council on November 25, 1968, for the automobile dealership to be known as King Dodge. Motion by Nienols, seconded by Grosshans, to recommend to the City Council that Application No. 69009, requesting approval of a preliminary plat, be approved. The motion carried unanimously. Motion by Grosshans, seconded by Ditter, to recommend to the City Council that Application No. 69009, requesting approval of lighting plans, be approved with the following conditions : 1) that three type "B" installations at the rear or easterly portions of the dealership be changed to type "D" installation. The motion carried unanimously. The last item of business to be considered by the Planning Commission was an ordinance amending Chapter 35 of the Zoning Ordinance. Motion by Bogucki, seconded by Grosshans, to recommend to t e City Council the adoption of: AN ORDINANCE AMENDING CHAPTER 35 BY RE-DEFINING THE BOUNDARIES OF CERTAIN PROPERTY WITHIN SECTION 35-1220 AIM. SECTION 35-1160. The motion carried unanimously. The remainder of the meeting consisted of a discussion by tie Commission of various planning items presently under their consideration. Motion by Nichols, seconded by Bogucki, to adjourn. The motion carried unanimously. Adjournment came at 12:55 A.M. March 7, 1969. Chair . Minutes of the Proceedings of the Planning Commission in the City of Broo'.clyn Ceate:r in the County of Hennepin and State of Minnesota March 27, 1969 The Planning Commission me: in study session and was called to order by Chairman Robert Jensen at 7 :35 P.M. Roll Call: Chairman Robert Jensen, Commissioners Paul Ditter, Henry Bogucki, Robert Grosshans, Vernon Ausc:n, and Adrian Dorenfeld were present. Also present were R. L. Haarman, C. E. VanEeckhout, and D. G. Pons. The first item of business was a discussion of Section 35-704 of the City Ordinances (Minimum Parking Spaces Required) as it relates to "Parking Requirements fox Shopping Centers", a study undertaken by the Urban Land Institute. A motion was made by Ausen, seconded by Roguch i, to accept the recommendation of the subcommittee which reviewed parking requirements for "Other Retail Stores or Centers" , and further recommends to the City Council its adoption. The motion carried unanimously. The subcommittee recommendation read as follows: A recommendation that Section 35-704.2 (c) entitled MINIMUM PARKING SPACES REQUIRED, Other Retail Stores or Centers, be amended to read: Eleven spaces for the first 1,000 sq.ft. of gross floor area or fraction thereof; eight spaces for each 1,000 sa. ft. of gross floor area in excess of 1,000 sq. ft. , but not exceeding 15,000 sq.ft. ; six spaces for each 1,000 sq.ft. of gross floor area in excess of 15,000 sq.ft. , but not exceeding 30,000 sq.ft. ; 5. 5 spaces for each 1,000 sq. ft. of gross floor area exceeding 30,000 sq.ft. The next item of business was a review of various planning items scheduled for the regular meeting in April. Chairman Jensen next discussed subcommittee studies that should be started immediately, for recommendations to the City Council, as requested by Mayor Cohen earlier this year. Members Paul Ditter, Henry Bogucki and Robert Grosshans were appointed by Chairman Jensen to subcommittee studies in the following areas: 1) Review Section 35-704 of the City Ordinances (Minimum Parking Spaces Required) ; 2) Review of land use policy and controls in the vicinity of freeway interchanges. Commissioner Bogucki was appointed Chairman of this subcommittee. 1 1 1 f: -2- Members Vernon Ausen, Adrian Lorenfeld and Charles Nichols were appointed by Chairman Jensen to subcommittee studies in the following areas : 1) a three part study of population projections; density requirements; and planned unit develop- ments as they relate to "zoning mires" ; 2) Review of the Comprehensive Plan with suggestions on areas for study and possible change; 3) Review Building Codes as they relate to restrictions on building types. Commissioner Ausen was appointed Chairman of this subcommittee. Motion by Dorenfeld, seconded by Ausen, to adjourn. Motion carried unanimously. Adjournment came at 10 :10 P.M. Chairmail) 9� r i� Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center County of Hennepin and State of Minnesota April 3, 1969 The Planning Commission met in regular session and was called to order by Chairman Robert Jensen at 7:33 P.M. Chairman Jensen made a general announcement that the D. 0. Gustafson application for re-zoning, as published in the newspaper, would not be considered at this meeting. Mr. Jensen indicated the re-zoning request would again be published and notices sent to affected property owners. Roil Call: Chairman Robert Jensen, Commissioners Paul Ditter, Henry Bogucki, Robert Grosshans, and Vernon Ausen. Also present were R. L. Haarman, C. E. VanEec?chout, J. R. Murphey and D. G. Pot's. Motion by Ausen, seconded by Grosshans, to approve the minutes of the regular meeting of March 6, 1969, and the study meeting of March 27, 1969, as submitted. The motion carried unanimously. Commissioner Charles Nichols and Adrian Dorenfeld arrived at this time. The first item of business to be considered was Application No. 69013 submitted by Jerry Harrington requesting re-zoning from R1 to R5 a long (11461) and narrow (1301) strip of land in the West Central Neighborhood. The property is more commonly described as lying south of Interstate No. 94 right-of-way and north of the north line of properties abutting 66th Avenue North. Following a presentation by the Secretary and the present- ation of Mr. Harrington, Chairman Jensen heard comments from Mr. Walter Orgas, representing interested neighborhood residents and the abutting property owners. Mr. Orgas presented a petition containing approximately 350 signatures opposed to the re-zoning. Discussion of the application centered on utility extensions down Lee Avenue into the subject property; drainage problems where Lee Avenue intersects the property; the singular access of Lee Avenue in and out of the property; increased traffic flow between the subject property and 63rd or 65th Avenue for access to Osseo Road; cormparative cost off assessments for R1 or R5 type development and possible classifications other than Rl or R5 for this strip of land. Motion by Bogucki, seconded by Nichols, to close the public hearing. The motion carried unanimously. After further discussion, a motion was made by Charles Nichols and seconded by Adrian norenfeld, to recommend to the City Council that Application No. 69013 requesting re-zoning be denied in keeping with the previous recommendation of the Planning Commission. (Application No. 61205 submitted by Marvin Gordon in 1961 requested a Special Use Permit to construct three, 23-2 story, eleven unit apartment buildings. This appli- cation was denied as not being compatible to existing properties.) The motion carried unanimously. At this time (8:55) Chairman Jensen called for a recess. The meeting was called back to order at 9:03 P.M. 196 1 A� -2- The next item of business to be considered was Application No. 69015 submitted by Thomas Construction Company.*, Inc. , requesting ra-zoning from Rl to the P.4 claosificati on, property commonly described as lying west of blest River Road (Lyndale Avenue) between 69th and 73rd Avenues. Following its intro- duction by the Secretary, Mr. Jim FIawks of lHidwest Planning and Research, Inc. , representing the applicant, presented a conceptual review of the proposed development should this property be re-zoned. Slides were shown by the consulting firm of Caswell Engineering, which showed a rather high water table on much of the land in question and suggested that R1 development costs would be higher than normal. A slide presentation e:as also presented by the architect for the project which reviewed the proposed site layout and the types and sizes of buildings to be constructed thereon. In addition, slides of the existing homes contiguous to the property in question on the southerly, southeasterly and easterly boundaries were reviewed. Discussion of the appli- cation centered on the (1) re-zoning circumvention of existing Rl properties in the 7000 and 7100 block of Lyndale Avenue, and the omission of property cn 69th Avenue and in the 6900 block of Lyndale Avenue; (2) problems created by including the aforementioned properties within this re-zoning request in that they would become non-conforming uses in an R4 zoning district; (3) tie applicant's desire not to dedicate Camden Avenue as contrasted to the City's inte::est in vehicular access and circulation around Evergreen. Park; and (4) guarantees that develop_ent would be as proposed should the proposed re-zoning be approved. Following the public hearing and comments from abutting or interested property owners, a motion was made by Bogucki, seconded by Ditter, to close the public hearing. The motion carried unanimously. After further discussion, a motion was made by Bogucki, seconded by Nichols, to table Application No. 69015 for further s; 238 -3- After further discussion, a motion was made by Bogucki, seconded by Ditter, to table Application. No. 69020, taking it under advisement for further consideration. The Secretary was instructed to notify the adjacent property owners of the time and date of the next Planning Commission meeting on this application. The next item of business to be considered was Application No. 69017 submitted by Brooklyn United Methodist Church requesting site and building plan approval for an addition to the church now located in the 7200 block of Osseo Road. Discussion of the application centered on temporary storm drainage, parking provisions, and traffic flow. Following the questioning of Mr. John Torseth, the architect, and Mr. Keith Nordby, representing the church board, a motion was made by Bogucki, seconded by Nichols, to recommend to the City Council that Application No. 69017 requesting site and building plan approval, be approved with the following conditions: 1) Utility and drainage plans are subject to the approval of the City Engineer; 2) Building plans are subject to the approval of the Building inspector with respect to applicable building codes; 3) A performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee site improvements as designated on the plans submitted. Voting in favor were: Co:!missioners Ditter, Bogucki, Grosshans, Jensen, and Nichols; voting against: none; not voting: Vernon Ausen. (Commissioner Ausen felt that Noble Avenue should be constructed to skirt the subject property to the north rather than divide it and necessitate the parking lot on the opposite side of the street.) Motion carried. The next application to be considered was No. 69014 sub- mitted by Ric:?ard Eidem requesting a variance from Section 35-400 of the City Ordinances (Table of Minimum Requirements) . Following the introduction by the Secretary, discussion centered on the (1) standards for granting a variance; (2) sideyard setbacks that require living quarters of dwelling units to be at least 10 feet from the side lot line; and (3) Mr. hidem's request for a 5 foot setback. Following the questioning of the applicant, the staff, and the gathering of coramants from the Commissioners, a motion was made by Ditter, seconded by Bogucki, to recommend to the City Council that Application No. 69014 requesting a variance be denied since the standards for a variance could not be met. The motion carried unanimously. The next item of business to be considered was Application No. 69018 submitted by Aloe Magnon requesting a variance from Section 15-104 of the City Ordinances (Preliminary Plan of the Platting Ordinance) . This variance would allow Mr. Magnon to subdivide his property into two standard size lots without going through the formal platting procedure. Following a presentation by the Secretary, and the gathering of comments from the Commissioners and Staff, a motion was made by Nichols, seconded by Bogucki, to recommend to the City Council that Application No. 69018 requesting a variance be approved. The motion carried unanimously. 98 Z' pt -4- The last item of business to be considered by the Planning Commission was Application No. 69022 submitted by Joe Item requesting a Special Use Permit to allow placement of a mobil home type trailer (10 feet by 47 feet) on the premises of Iten Chevrolet which would serve truck sales operations. Following the introduction by the Secretary, and the gathering of comments from the applicant, the staff and the Commissioners, a motion was made by Bogucki, seconded by Ditter, to recommend to the City Council that Application No. 69022, requesting approval of a Special Use Permit, be approved, with the further recommendation that it be temporary and expire on October 31, 1969, and that the trailer be removed from the premises by that date. Voting for same v:cre: Commissioners Ditter, Bogu6ki, Ausen and Nichols; voting against was Grosshans. (Commissioner Grosshans did not approve of the use of a mobil home type trailer on the premises.) The motion carried. Motion by Ausen, seconded by Grosshans, to adjourn. The motion carried unanimously. Adjournment came at 1:15 A.M., Friday, April 4, 1969. Chai r` CJ Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center in the County of Hennepin and State of Minnesota April 24, 1969 The Planning Commission met in study session and was called to order by Chairman Robert Jensen at 7:40 P.M. Roll Call: Chairman Robert Jensen, Commissioners Paul Ditter, Henry Bogucki, Robert Grosshans, and Vernon Ausen were present. Also present were R. L. Haarman, C. E. Van Eeckhout, and J. R. Murphey. The first item of business to be considered was Appli- cation No. 69025 submitted by Miles Construction Company requesting site and building plan approval for garages which are a part of an apartment project (Application No. 67022) approved February 5, 1968. Discussion centered on the design and use of materials compatible with the apartment construction. A motion was made by Grosshans, seconded by Ditter, to recommend to the City Council that Application No. 69025 requesting site and building plan approval, be approved with the following conditions: 1) Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 2) The performance bond and performance agreement covering approval of site improvements for the apartments (Application No. 67022) apply to this application as well. The motion carried unanimously. The next application to be considered was No. 69026 submitted by Robert Schultz requesting site and building plan approval for an enclosed swimming pool and attached shed on his property located at 5332 North 4th Street. Discussion of the application centered on how a back yard swimming pool was expanded without a building permit to an enclosed pool structure with dimensions of 27 by 53 feet, encompassing 1,430 square feet. Mr. Jack Carlyle, a contractor representing the applicant, reviewed the history of piecemeal development over time, indicating that a pool was constructed initially and afterward it was covered with a plastic roof. Unfortunately, high winds tore it down a few years later. At that time during repair o� the structure, block walls were added and another roof constructed to enclose it. The weight of last winter's snows caused that roof to collapse and Mr. Carlyle, a contractor, was invited to do a $1,500.00 repair job, which includes another new roof. It was at this time that the activities were detected by the Building Inspection Department and the applicant directed to cease construction and was invited into the City AdministrativE offices to file an application for site and building plan approval before the Building Inspection Department would issue a building permit. G -2- (Commissioner Adrian Dorenfeld arrived at 7:50 P.M. and Commissioner Nichols arrived at 7:55 P.M. during this discussion.) After Mr. Carlyle's background review, discussion centered on the intent and the interpretation of Section 35-310.1 (b) (3) of the City Ordinances, Accessory Buildings Permitted in an Rl (One Family Residence) District. After further questioning of Mr. Carlyle and the staff, and the gathering of comments from the Commissioners, a motion was made by Bogucki, to table Application No. 69026 and take it under advisement. For lack of a second, the motion failed. A motion was then made by Bogucki, seconded by Ausen, to recommend to the City Council that Application No. 69026 requesting site and building plan approval, be denied. The motion carried unanimously. At this time Chairman Jensen called for a discussion of Application No. 69005 submitted by Bryant Investment Company. The application had been introduced and a public hearing was held by the Planning Commission on March 6, 1969, at which time the application was tabled. Discussion of the application centered on the appropriate use of the property. After a discussion of the information gathered at the March 6th public hearing, a motion was made by Dorenfeld, to deny Application No. 69005 submitted by Bryant Investment Company in that it is inconsistent with the Comprehensive Plan gals, with instructions to the City Attorney to review the legal ramifications of this denial. For lack of a second, the motion failed. A motion was made by Nichols, seconded by Bogucki, to recommend to the City Council that Application No. 69005 requesting re-zoning be denied as being inconsistent with the Comprehensive Plan for the community. Discussion of the motion centered on Comprehensive Plan recommendations for the southwest neighborhood, in particular, !plan Recommendation No. 14, (page 68 of the Comprehensive Plan) which suggests that the property in question be reserved for development of industrial activities. After further discussion of the motion, it was withdrawn by Commissioner Nichols. Chairman Jensen then directed the Secretary to draft a Resolution which would recommend denial of this application to the City Council. At this time Chairman Jensen entertained discussion of Application No. 69015 submitted by Thomas Construction Company , Inc. , requesting re-zoning. The application had been intro- duced and a public hearing held by the Planning Commission on April 3, 1969, at which time the application was tabled. Discussion of the application centered on a possible ordinance change which could exempt certain re-zoned properties from the non-conforming use provisions in Section 35-110 of the City Ordinances. 3'�9 -3- After further discussion, the staff was directed to review this matter. The remainder of the evening consisted of a discussion of the various sub-committee studies and, in particular, the possibility of reviving the neighborhood study groups to review the Comprehensive Plan for possible changes as proposed by the sub-committee headed by Commissioner Vernon Ausen. An attempt will be made to conduct and organizational meeting for the purpose of reviving those study groups on the evening of Thursday, May 8, 1969. Chairman Jensen directed the sub-committee headed by Commissioner Henry Bogucki to a study of "accessory uses" in the R1 (one Family Residence) District. A motion was made by Dorenfeld, seconded by Bogucki, to adjourn. The motion carried unanimously. Adjournment came at 11:10 P.M. irman 297 Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center in the County of Hennepin and State of Minnesota May 1, 1969 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, Commissioners Henry Bogucki, Vernon Ausen, Adrian Dorenfeld, and Charles Nichols were present. Also present were R. L. Haarman, J. R. Murphey, and D. G. Poss. Motion by Bogucki, seconded by Nichols, to approve the minutes of the regular meeting of April 3, 1969, and the study meeting of April 24, 1969, as submitted. The motion carried unanimously. The first item of business to be considered was Application No. 69055, submitted by R. L. Ernst representing Bryant Investment Company, requesting re-zoning from the 12, R1 and 01 to the R5 classification. The application had been introduced and the public hearing was held by the Planning Commission on March 6, 1969 at which time the application was tabled. The application was also considered during the study meeting held April 24, 1969. Chairman Jensen read a letter sent to the Planning Commission from a neighborhood resident recommending approval of the appli- cation. The Secretary was asked to read the proceedings of the Planning Commission as found in the minutes of March 6 and April 24, 1969. In addition, the Secretary was asked to read the rough draft of a resolution which would recommend denial of the application. Discussion of the application centered on the re-wording of the resolution and the appropriate zoning for the property in question. A motion was made by Bogucki, seconded by Nichols, to adopt Planning Commission Resolution No. 69-3 recommending denial of the application. The motion carried unanimously. PLANNING COMMISSION RESOLUTION NO. 69-3 A RESOLUTION RECOHIMENDING DENIAL OF APPLICATION NO. 69005 SUBMITTED BY BRYANT INVESTMENT CO. WHEREAS, R. L. Ernst representing Bryant Investment Company has submitted Application No. 69005 requesting re-zoning from 12, 01 and R1 to the R5 classification, property generally located on the south shore of Upper Twin Lake North and north of the Soo Line Railroad right-of-way within a triangular parcel; and WHEREAS, the Planning Commission has reviewed the request for re-zoning at a public hearing, held pursuant to published and mailed notices, on March 6, 1969; and WHEREAS, the Planning Commission has considered, reviewed and studied all information relative to the application for re-zoning, especially its effect on the Comprehensive planning for the City with which the Planning Commission is charged; and 298 1 1 1 299 -2- WHEREAS, the Planning Commission did adopt, in November of 1966, a Comprehensive Plan relating to the uses of land in the City of Brooklyn Center, recommending that the property included in this application be reserved for development of industrial activities of the type that are not offensive to area residents; and WHEREAS, the property in question abuts main line and spur line trackage of the Soo Line Railroad, an asset beneficial to industrial development and an asset which is in short supply within the City of Brooklyn Center; and WHEREAS, the comprehensive zoning ordinance enacted by the City Council on June 23, 1968, designated the property included in this application mostly within the I2 (General Industry District) classification, consistent with the Comprehensive plan; and WHEREAS, the goals of the Comprehensive Plan and the zoning of the property in question are not unreasonable as they presently exist: NOW, THEREFORE, IT IS HEREBY RECOMMENDED to the City Council that Application No. 69005 requesting re-zoning be denied. The next application to be considered was No. 69015 sub- mitted by Thomas Construction Company, Inc. , requesting re-zoning from R1 to the R4 classification. The application had been introduced and a public hearing was held by the Planning Commission on April 3, 1969, at which time the application was tabled. The application was also considered during the study meeting held April 24, 1969. Discussion of the application centered on the appropriate zoning for single family residences bordering this application on 69th Avenue Avenue and on Lyndale Avenue and the desirability of re-zoning said residences to R4 if the non-conforming provisions of the ordinance could be avoided. A motion was made by Dorenfeld, seconded by Bogucki, to recommend to the City Council that Application No. 69015 requesting re-zoning be approved and to further recommend to the City Council that the Planning Commission be directed to initiate a re-zoning of the single family properties bordering this application. After a brief discussion, the motion was withdrawn. A motion was then made by Dorenfeld, seconded by Bogucki, to recommend to the City Council that Application No. 69015 submitted by Thomas Construction Company, Inc. , requesting re-zoning be approved providing that Thomas Construction, Inc. amends its application such that 1) Non-contiguous parcels 5630 and 5620 lying within Lot 51 of Auditor's Subdivision No. 309 will not be included in this re-zoning application; and provided that 2) The properties represented in this proposed develop- ment be platted and that the dedication of right-of-way for Camden Avenue lying between Evergreen Park and the proposed development be shown on said plat; 300 1 295 -S- and further, to inform the City Council that the Planning Commission intends to initiate re-zoning of the single family properties bordering this application. The motion carried unanimously. At this time, 9;00 P.M. , Chairman Jensen called for a recess. The meeting was called back to order at 9110 P.M. The next item of business to be considered was Application No. 69019 submitted by Pearson and Swanson Company requesting site and building plan approval for a three story - 66 unit apartment building to be located at 6535 Osseo Road. Following its introduction by the Secretary, Mr. Jim Pearson of Pearson and Swanson Company, reviewed his plans with the Commission. Chairman Jensen solicited comments from interested neighboring residents and discussion centered on; 1) the traffic problem created by this apartment j unit's singular access onto Osseo Road; and 2) a satisfactory screening device which the City Council and the neighboring residents could agree on as being in harmony with the neighborhood and providing sufficient screen of the apartment area. Chairman Jensen noted the plans were deficient in that, among other things, they did not contain topographical infor- mation including grades and contours and utility information which was essential to a proper review of this application_ A motion was made by Dorenfeld, seconded by Bogucki, to table Application No. 69019 and take it under advisement. The motion carried unanimously. The next item of business to be considered was Application No. 69023 submitted by Fireside Realty, requesting re-zoning from R1 (One Family Residence) to the R2 (Two Family Residence) classification, property generally located in the 5400 block of Russell Avenue North. Following an introduction by the Secretary, discussion with Ethel Magnuson representing Fireside Realty, centered one 1) the appropriate land use for the over-sized lot in question - a recent subdivision (Ryden's 4th Addition) created an over-sized lot by R1 standards, 137 feet by 143 feet and 2) Comprehensive Plan recommendations that, where lot sizes are more suitable, duplexes be permitted in the southeast neighborhood. A motion was made by Bogucki and seconded by Nichols to close the public hearing. The motion carried unanimously. A motion was made by Bogucki to recommend to the City Council that Application No. 69023 requesting re-zoning, be approved. For lack of a second, the motion failed. A motion was made by Ausen, seconded by Dorenfeld, to recommend to the City Council that Application No. 69023 requesting re-zoning, be denied. 296 298 k -5- 3) The proposed incinerator method of waste disposal is not approved. 4) Utility and drainage plans are subject to the approval of the City Engineer. 5) Building plans are subject to the approval of the Building Inspector with respect to applicable building codes. 6) A performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee site improvements as designated on the plans submitted. The motion carried unanimously. At this time the City Manager introduced a density credit ordinance for review and study by the Planning Commission. A motion was made by Nichols, seconded by Bogucki, to adjourn. The motion carried unanimously. Adjournment came at 12:10 A.M. , May 2, 1969. irman 1 1 1 299 Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center in the County of Hennepin and State of Minnesota May 6, 1969 The Planning Commission met in special study session and was called to order by Chairman Robert Jensen at 7:50 P.M. Roll Call: Chairman Robert Jensen, Commissioners Robert Grosshans, Vernon Ausen, Adrian Dorenfeld, and Charles Nichols were present. Also present were R. L. Haarman and D. G. Poss. The first item of business to be considered was a Resolution regarding the City's application for a Housing and Urban Development Open Space Grant. Following its introduction by the City Manager, discussion centered on the parcels to be acquired and the wording of the resolution. (Commissioner Henry Bogucki arrived at 8:05 P.M. during this discussion.) After review of the resolution by the Planning Commission, which found it consistent with the Comprehensive Plan for the City of Brooklyn Center, a motion was made by Ausen to adopt Planning Conanissi.on Resolution No. 69-4. PLANNING COMMISSION RESOLUTION NO. 69-4 RESOLUTION REGARDING APPLICATION FOR GRANT TO ACQUIRE OPEN SPACE IN THE CITY OF BROOKLYN_CENTER WHEREAS, on November 7,, 1966, the Brooklyn Center Village Council adopted a comprehensive plan for the (then) Village; and WHEREAS, Minnesota Statutes, 1967, Chapter 462, Section 356, require that, following the certification of the Compre- hensive Plan to the (then) Village Council by the Planning Commission, the Planning Commission shall review all proposals for the acquisition of lands by the City to insure compliance with said plan; and WHEREAS, the City Council proposes to acquire fee title to the following listed parcels of land, and to hold and pre- serve said lands for open space uses; to wit: Parcel #1: The East 520 feet of Tract D; the East 867,60 feet of Tract E; all in Registered Land Survey No. 235, Files of the Registrar of Titles, Hennepin County, Minnesota. Parcel #2: Lots 1 to 6, inclusive; Lots 8 to 12, inclusive; Lots 14 to 22, inclusive; Lots 24 to 29, inclusive; Lots 31 to 34, inclusive; all in "Twin Lake Park" according to the plat of record on file in the office of the Register of Deeds, Hennepin County, Minnesota. (Lots 1-6, 8-12, 14-22, 24-29, and 31-34, all inclusive, Plat 90070, Hennepin County) 300 1 6 -2- Parcel #3: That part of Lot 22, Auditor's Subdivision No. 216, Hennepin County, Minnesota, described as: Beginning at the Southeast corner of said Lot 22; thence south 88 degrees 00 minutes west along the south line of said Lot 22 a distance of 505.01 feet; thence north 17 degrees 00 minutes east a distance of 158.55 feet; thence north 22 degrees 00 minutes west a distance of 285 feet to the actual point of beginning of the land to be hereinafter described; thence south 65 degrees 00 minutes west to the shore of Twin Lake; thence westerly and southerly along the shore of said Twin Lake to the south line of said Lot 22; thence west along the south line of said Lot 22 to the easterly right of way line of County Road No. 10 (also known as Bass Lake Road) thence north and east along the easterly and southerly right of way line of said County Road No. 10 to a point on said southerly right of way line of County Road No. 10 distant 565.38 feet west of the east line of said Lot 22 as measured along the southerly line of said County Road No. 10 thence south 0 degrees 00 minutes a distance of 211.48 feet more or less to the actual point of beginning, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said Hennepin County. (Part of Lot 22, Plat 89102) Reserving an easement for highway and utilities pur- poses for the benefit of lands in Lot 22 retained by Jennie Skurdalsvold and Sigurd Skurdalsvold, over the roadway as now located over the lands hereby conveyed; the said easement to continue until such time as the said lands shall be accessible by dedicated highway, as shown in Deed Doc. No. 702331, Files of Registrar of Titles. Parcel #4: That part of Tract C, Registered Land Survey No. 40, Files of Registrar of Titles, County of Hennepin, lying west and south of a line described as commencing at the southwest corner of Registered Land Survey No. 638, thence north along the west line of said Registered Land Survey No. 638, to the south line of the north 25 feet of said Tract A, Registered Land Survey No. 40, thence west along last mentioned line to the extension of a line that is 49.51 feet west and parallel with the east line of Lot 23, Auditor's Subdivision No. 216 or the westerly line of Tract A of said Registered Land Survey No. 40, thence north along last mentioned line to thr­ north line of said Tract A, Registered Land Survey No. 40 and there terminating. (Parcel 917, Plat 89695, Hennepin Coutny) Parcel #4A: That part of Tract A lying east of the natural ordinary high water mark of Twin Lake and caest of the following described line: Beginning at a point on the south line of Lot 23, Auditor's Subdivision No. 216, distance 49.51 feet west from the southeast corner of said Lot 23, thence south for a distance of 74.26 feet more or less to a point in the south line of said Tract A, distance 833.01 feet west of the north and south centerline of Section 3, Township 118, Range 21, and there terminating, Registered Land Survey No. 40, Files of Registrar of Titles, County of Hennepin. (Part of Tract A, Plat 89695, Hennepin County) 58 283 -3- That part of Tract V, Registered Land Survey No. 40, Files of Registrar of Titles, County of Hennepin, lying east of the natural ordinary high water mark of Twin Lake. Parcel #5: Tract D, Registered Land Survey No. 235, Files of Registrar of Titles, County of Hennepin, except the east 615 feet thereof. Tract E, Registered Land Survey No. 2350 Files of the Registrar of Titles, County of Hennepin, except the east 887.60 feet thereof. Subject to an easement over, upon and across Tract E, Registered Land Survey No. 235, Files of Registrar of Titles, County of Hennepin, as shown in Deed Doc. No. 488086, Files of Registrar of Titles. (Parcel 8300, Plat F9699, Hennepin County) Parcel f51i: The west 25.24 feet of a parcel of land in Government Lot 2, section 10, Township 118, Range 21, described in Book 2342, Page 61, Document Number 3343642, Files of Register of Deeds, Hennepin County, Minnesota, as: Commencing at a point of intersection of north line of said Government Lot 2 and the south- easterly line of Lake Drive extended southerly; thence west along said north line 827.98 feet to actual point of beginning; thence south at right angles 50 feet; thence west 100 feet; thence north 50 feet to afore- said north line; thence east 100 feet to beginning. (Part of Parcel 212, Plat 89010, Hennepin County) Parcel. 5B: That part of Government Lot 2, Section 10, Township 118, Range 21, lying northeasterly of the Minneapolis, St. Paul & Ste. Marie Railroad Company's present right-of-way, and lying west of the east 1910.07 feet thereof excepting therefrom, all that part thereof lying north of a line drawn from a point where the south- easterly line of Lake Drive, extended southwest, inter- sects the north line of said Government Lot 2; thence continuing along said extended line distant 11.95 feet; thence westerly 423.58 feet to a point 20 feet south of the north line of said Government Lot 2; thence north- westerly 100 feet to a point on said north line distant 527. 98 feet west of the point of beginning; thence west along said north line distant 300 feet; thence south at right angles 50 feet; thence west at right angles 100 feet; thence north at right angles 50 feet and there terminating. (Part of Parcel 204, Plat 89010, Hennepin County) Parcel #6: That part of Lot 2, Section 10, Township 118, Range 21, West of the Fifth Principal Meridian, lying Southwesterly of the right-of-way of the Minneapolis, St. Paul & Ste. Marie Railway Company described as follows: The South 494 feet of said Lot 2 lying West of a line drawn from a point in the North line of said South 494 feet, distant 2177.32 feet, measured at right angles from the West Line of said Lot 2, to a point in the South line of said Lot 2, distant 2006.98 feet West from the Southeast corner thereof: ui 270 The North 40 feet of the South 534 feet of said Lot .2 lying West of the East 2362.32 feet thereof; That part of said Lot 2 lying North of the South 534 feet, lying West of the East 2207.32 feet thereof. Parcel #7 : That part of the north 200.62 feet of the South 31.26 acres of Government Lot 3, Section 10, Township 118, Range 21, as measured along the east line thereof, lying west of a line drawn from a point in the north line thereof distant 322.58 feet west from the northwest corner of Block 2, DOVER'S LAKEVIEW ADDITION, to a point in the south line thereof distant 292.27 feet west from the southwest corner of said Block 2, all according to the plats and records thereof, Hennepin County, Minnesota. WHEREAS, the Planning Commission has reviewed the proposed acquisition and has compared the same with the comprehensive plan: NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Brooklyn Center that the acquisition of the lands listed above for open-space purposes is consistent with the Comprehensive Plan for the City of Brooklyn Center, and that a said acquisition is essential for the realization of the community open space goals. Date Cha'rman Planning ommis ion ATTEST: Secretary Planning Commission The motion for the adoption of the foregoing resolution was duly seconded by member Grosshans, and upon vote being taken thereon, the following voted in favor thereof: Henry Bogucki, Robert Grosshans, Robert Jensen, Vernon Ausen, Adrian Dorenfeld and Charles Nichols, and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. The next item of business was Planning Commission Appli- cation No. 69010 submitted by John LeVin and Associates requesting rezoning from I1 to the C2 classification. Following an introduction and review of the application by the City Manager, Mssrs. Mark Saxton and John LeVin presented their rezoning request to the Planning Commission. Discussion of the application centered on the appropriate use of the land involved and conceptual developments that could be placed thereon. It was indicated by the applicant that development concepts included a "mix" of shops, offices, and apartments. The application was taken under advisement with final action being deferred to the Planning Commission meeting of May 22, 1969, with neighboring property owners being notified to that effect. At this time (9:35 P.M.) Commissioner Vernon Ausen left the meeting. 280 282 f Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center in the County of Hennepin and State of Minnesota May 22, 1969 The Planning Commission met in study session and was called to order by Chairman Robert Jensen at 9:10 P.M. Roll Call: Chairman Robert Jensen, Commissioners Henry Bogucki, Robert Grosshans, and Vernon Ausen were present. Also present were D. G. Poss, C. E. Van Eeckhout and R. L. Haarman. The first item of business to be consided was a proposed ordinance amending Chapter 35-400 of the City Ordinance, relating to Minimum Land Use District requirements or more commonly described as a "Density Credit Ordinance" . This ordinance had been reviewed by the City Council and referred back to the Planning Commission for study and a recommendation. Discussion of the ordinance centered on its intent and application. A motion was made by Grosshans, seconded by Ausen, to recommend to the City Council adoption of the ordinance. The motion carried unanimously. The next item of business was Application No. 69010 sub- mitted by John LeVin Associates for the Char-Lynn Company, requesting rezoning from I1 (Industrial Park) to the C2 (Commerce District) classification, property generally located between County Road 10 and 59th Avenue North extended and east of Shingle Creek Parkway. The application had been introduced and a public hearing held by the Planning Commission on May 1, 1969, at which time the application was tabled. The application was also considered at a study meeting held May 6, 1969, at which time discussion of the application centered on the appropriate use of the land involved and conceptual developments that could be placed thereon. The application was taken under advisement with final action being deferred to the Planning Commission meeting of May 22, 1969, with the neighboring property owners being notified to that effect. A motion was made by Bogucki, seconded by Grosshans, to recommend to the City Council that Application No. 69010 requesting rezoning be approved on the basis that it is logical and consistent considering that it is surrounded on three sides by existing C2 zoning districts. The motion carried unanimously. At this time Chairman Jensen entertained discussion of Application No. 69020 submitted by Shopper's City One, Inc. , requesting a variance from the requirements of Section 35-704 (Parking Spaces Required) of the City Ordinances, for the retail store located at 3600 - 63rd Avenue North. The appli- cation had been introduced and a public hearing was held by the Planning Commission on April 3, 1969, at which time the appli- cation was tabled. A motion was made by Bogucki, seconded by Grosshans, to recommend to the City Council that Application No. 69020 sub- mitted by Shopper's City One, Inc. , requesting a variance be 1 1 1 -2- denied, in light of the fact that Section 35-704. 2 (c) of the City Ordinances, Minimum Parking Spaces Required, has been amended and Shopper's City One, Inc. will now be required to comply with these new parking requirements. The motion carried unanimously. The remainder of the meeting consisted of a discussion by the Commission of various planning subjects under their consideration including the re-creation of neighborhood study groups to assist the Commission in a review of the Comprehensive Plan, and the possibility of a joint organizational meeting to include the neighborhood committee appointments, the Planning Commission and the Mayor. Chairman Jensen directed the Commission to develop guidelines for the various neighbor- hood committees and be prepared to discuss those guidelines at one of the next Planning Commission meetings. A motion was made by Grosshans, seconded by Ausen, to adjourn. The motion carried unanimously. Adjournment came at 11:10 P.M. ran 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 June 5, 1969 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 Paul Ditter, Henry Bogucki and Vernon Ausen were present. Also pre- sent were C. E. VanEeckhout and R. L. Haarman. A motion was made by Bogucki and seconded by Ausen to approve the minutes of the Regular Meeting of May 1, 1969, the Special Meeting of May 6, 1969, and the Study Meeting of May 22, 1969, as submitted. The motion carried unanimously. The first item of business was Application No. 69031 sub- mitted by John Maertens requesting permission to divide and sell part of his lot at 6417 Colfax Avenue North in such a manner that his rear yard setback and the average depth of the new lot will be less than those minimums required by the City Ordinances. Discussion related to the location of the proposed dividing line and the creation of a substandard lot. A motion was made by Ausen, seconded by Bogucki, to recommend to the City Council that that part of Application No. 69031 requesting a variance from Section 15-104 of the ordinances, which requires submission of a preliminary plat when subdividing property and that part of Application No. 69031 requesting a variance from Section 35-400 of the ordinance, which requires a 40 foot rear yard building setback be approved, provided that: 1. The newly created lots shall not be dimensionally substandard from ordinance requirements; 2. The existing shed and the stoop attached to the rear of 6417 Colfax Avenue will be razed prior to the sale of the new lot. The motion carried unanimously. The next item of business to be considered was Application No. 69028 submitted by T. B. Miksza requesting a Special Use Permit for a beauty shop in an R1 zoning district. A beauty shop exists in the present house at 3501 - 63rd Avenue North which another individual would like to purchase. Sale of the house is contingent upon approval of another Special Use Permit for the new owners. Discussion involved parking provisions at the site. (Commissioner Adrian Dorenfeld arrived at 8:10 P.M. during this discussion.) A motion was made by Ausen, seconded by Bogucki, to recommend to the City Council that Application No. 69028 requesting a Special Use Permit for a beauty shop, be approved on the condition that: 1. The R1 (residential) character of the site shall not be changed and any site alterations must be submitted for review by the City and 1 1 1 -2- 2. The Special Use Permit shall be reviewed in three (3) years . The motion carried unanimously. The next application to be considered was No. 69016 sub- mitted by D. O. Gustafson requesting rezoning from I1 (Industrial Park) to the C2 (Commerce District) classification, property generally located in the southwest corner of 65th and Humboldt Avenues North. Discussion related to the appropriate use of the subject land, reductions in the amount of I1 zoning within Brooklyn Center and piecemeal development of the Brooklyn Center Industrial Park area. A motion was made by Bogucki, seconded by Ditter, to table Application No. 69016 and take it under advisement for a special meeting of the Planning Commission with the applicant, (Mr. Carl Lien represented the application) to review total development of the Brooklyn Center Industrial Park area. The motion carried unanimously. The next item of business was Application No. 69027 sub- mitted by Barnett Builders requesting site and building plan approval for a real estate office to be located at 5960 Osseo Road. Discussion centered on: 1) the size and shape of the parking lot; 2) screening of the parking lot from Beard Avenue; 3) parking lot ingress or egress from Beard Avenue, Osseo Road or both; 4) the installation of a service lane from 59th to 60th Avenues North along the east side of Osseo Road to serve the C1 (office/service commerce) developments within the 5900 block; 5) building codes. (Commissioner Charles Nichols arrived at 9:25 P.M. during this discussion.) A motion was made by Dorenfeld, seconded by Ausen, to table Application No. 69027, with the concurrence of Mr. Barnett, who represented the application, until the study meeting to be held June 26th at which time the City Engineer would report on the access, traffic, and service lane possibilities to serve this Cl district. The motion carried unanimously. At this time, 10 P.M., Chairman Jensen called for a recess. The meeting was called back to order at 10:12 P.M. The next application to be considered was No. 69032 sub- mitted by Thomas Construction Company, requesting approval of a preliminary plat to be known as Thomas Construction Company 2nd Addition. Discussion centered on utility easements and the vacating of 72nd Avenue. A motion was made by Ditter, seconded by Bogucki, to recommend to the City Council that Application No. 69032 requestinc_ preliminary plat approval, be approved, provided that utility easements satisfactory to the City Engineer are executed. The motion carried unanimously. -3- A motion was made by Ausen, seconded by Dorenfeld, to direct the Secretary of the Planning Commission to initiate a rezoning action for the land areas circumvented by the Thomas Construction Company's rezoning (Application No. 69015) . The motion carried unanimously. The next item of business was Application No. 69029 sub- mitted by Allen G. Erickson (P.B.C. Clinic) requesting site plan approval for expansion of the existing medical clinic. Discussion ensued regarding: 1) Section 35-711 of the ordinance, Parking Lot Screening; 2) Section 35-704, Minimum Parking Spaces Required; 3) Section 35-411, Special Require- ments providing for a buffer strip 15 feet wide abutting the R1 district on the north property line. A motion was made by Nichols, seconded by Ausen, to recommend to the City Council that Application No. 69029 requesting site plan approval for an addition to the P.B.C. Clinic parking lot be approved subject to the following conditions 11 a 15 foot buffer strip shall be maintained abutting the R1 district on the north property line; 2) drainange plans must be submitted for approval by the City Engineer prior to City Council review; 3) previous and recently acquired P.B.C. properties shall be re-platted into a single parcel; 4) rezoning from R4 to the C1 classification should be initiated on the contiguous parcel recently acquired. The motion carried unanimously. The next item of business was Application No. 69035 sub- mitted by Shopper's City requesting site plan approval for store additions to the cooler area, food receiving, main receiving, and east end of the existing building. Mssrs. Mel Roth and Laszlo Fulop, representing the application, discussed an intended up-grading to the Shopper's City operation. A previous application (No. 68066) approved additions to the meat cooler area, food receiving and main receiving areas; however, Application No. 69035 comprehends an increase in the size of the food receiving and the main receiving areas, and includes an addition to the east end of the building. Appli- cation No. 69035, in effect, nulifies Application No. 68066 for which neither a performance agreement was executed nor building permits issued. A motion was made by Ditter, seconded by Dorenfeld, to recommend to the City Council that Application No. 69035 submitted by Shopper' s City requesting site plan. approval for store additions be approved subject to the following conditions: 1) The parking lot shall be resurfaced to the equivalent quality and capacity as set forth by ordinances and subject to the approval of the City Engineer. This work shall be included as part of site improvements to be completed with the proposed store additions; 1 1 1 -4- 2) Parking lot drainage plans, including the drainage of air conditioner water on the north side of the building, shall be submitted and be subject to the approval of the City Engineer; 3) Parking lot perimeter curbing shall be installed on the south and west side of the parking lot when the parking lot is resurfaced, and parking stalls shall be painted as specified by the Zoning Ordinance; 4) The traffic. recommendations made in 1961 by Bather and Associates will be continued as illustrated in the parking layout plans, including delineation of traffic lanes and parking areas by the installation of poured in place concrete curbing or curbing tees; 5) A variance to Section 35-711 of the ordinance should be approved so that for safety's sake, no additional screening would be installed along 63rd Avenue North or Osseo Road; 6) a performance bond (in an amount to be determined by the City Manager) should be provided as a guarantee of compliance with the site plans. The motion carried unanimously. The next application to be considered was No. 69034 sub- mitted by Olson Concrete Company requesting site and building plan approval for a 14 car garage to serve 18 units in two apartment buildings located at 6737 and 6741 Humboldt Avenue North. Discussion of the application centered on the apartment building plans which were approved June 17, 1968, which required a performance bond on site improvements to be completed by July 1, 1969. A motion was made by no renfeld, seconded by Ditter, to recommend to the City Council that Application No. 69034 requesting site and building plan approval, be approved, with a six month extension to the existing performance agreement. The motion carried unanimously. The remainder of the meeting consisted of a discussion by the Commission of various planning subjects under consider- ation, including citizen appointments to the neighborhood committees which will assist the Commission in its review of the Comprehensive Plan. After further discussion, Chairman Jensen made the following appointments: Appointments to the Southeast Neighborhood Committee Everett Lindh 2107 - 55th Avenue Mrs. David Brandvold 5646 Girard Avenue Mrs. A. V. Hanson 5649 Logan Avenue Paul Bullen 5345 Fremont Avenue Louis Sullivan 2321 - 55th Avenue North Ben Davidson 5800 Girard Avenue Ralph Hagen 6041 Lyndale Avenue 1 1 1 -5- Appointments to the Northeast Neighborhood Committee William Hannay 6432 Willow Lane Roger Scherer 7118 Willow Lane Douglas Stahl 7212 Morgan Avenue Douglas Baker 7216 Bryant Avenue Ron Boman 6416 Dupont Avenue Curtis Danielson 7035 Willow Lane Appointments to the Northwest Neighborhood Committee Douglas Olson 7001 Quail Avenue North Ward Whalen 3624 Woodbine Lane James Carlson 3609 Violet Avenue Louis Ferzich 4825 - 71st Avenue Motion by Bogucki, seconded by Nichols, to adjourn. The motion carried unanimously. Adjournment came at 12:40 P.M. Chai an 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 June 26, 1969 The Planning Commission met in study session and was called to order by Chairman Robert Jensen at 7:45 P.M. Roll Call: Chairman Robert Jensen, Commissioners Henry Bogucki, Robert Grosshans and Vernon Ausen were present. Also present were Robert L. Haarman. C. E. VanEeckhout, and D. G. Poss. The Planning Commission met with appointees to the six Neighborhood Groups organized to assist the Planning Commission in their review of the Comprehensive Plan for the City of Brooklyn Center. After a welcome address by Chairman Robert Jensen, the City Manager was asked to present a chronological review of events leading up to and since the adoption of the Comprehensive Plan in November, 1966, by the (then) Village Council. The Secretary was asked to describe, in a general way, the boundaries for each of the six neighborhoods after which Chairman Jensen announced the following additional appointments: Appointments to the Central Neighborhood Committee: Gordon Gunderson 6507 Chowen Avenue Henry Van Leur 2600 - 64th Avenue Lawrence Moeller 2818 O 'Henry Road Adrian Knutson 6936 Xerxes Avenue Harold Schuller 6136 Osseo Road James Pistilli 5901 Washburn Avenue Appointments to the West Central Neighborhood Committee: Robert Sidlo 6124 Noble Avenue Arden Rasmussen 4600 - 65th Avenue Mason Hintzman 4018 - 58th Avenue Donald Ewert 5931 Halifax Avenue Appointments to the Southwest Neighborhood Committee: John Larson 5107 East Twin Lake Boulevard Charles Gellerman 3853 Oak Street Mrs. Paul Scott 4104 Lakeside Avenue Herb Kasten 5607 Indiana Avenue Robert Peters 3907 Burquest Lane Maurice Britts 4819 Lakeview Avenue Appointment to the Northeast Neighborhood Committee: Joseph Weber 6732 Emerson Avenue 1 1 1 -2- A motion was made by Grosshans, seconded by Ausen to approve the appointments made to six neighborhood committees by Chairman Robert Jensen on June 5, 1969 and June 26, 1969. The motion carried unanimously. Chairman Jensen appointed the following Commissionersto act as advisor to each of the following neighborhood committees: Advisor Neighborhood Committee Commissioner Paul Ditter Southeast Commissioner Robert Jensen Northeast Commissioner Charles Nichols Southwest Commissioner Robert Grosshans West Central Commissioner Vernon Ausen Central Commissioner Henry Bogucki Northwest Chairman Jensen called for a recess at 8:30 P.M. The meeting was called back to order at 8:55 P.M. The remainder of the meeting consisted of a discussion by the Commission of various planning subjects under their consideration. A motion was made by Bogucki and seconded by Ausen to adjourn. The motion carried unanimously. Adjournment came at 10:00 P.M. Ch irm n Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center in the County of Hennepin and State of Minnesota July 3, 1969 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, Commissioners Paul Ditter, Henry Bogucki, Robert Grosshans, and Charles Nichols were present. Also present were C. E. VanEeckhout and R. L. Haarman. A motion was made by Bogucki, seconded by Grosshans to approve the minutes of the regular meeting of June 5, 1969, and the Study Meeting of June 26, 1969, as submitted. The motion carried unanimously. (Commissioner Vernon Ausen arrived at 7:40 P.M. after approval of the minutes.) The first item of business was Application No. 69037 sub- mitted by Mrs. Thomas Huesmann requesting a Special Use Permit for a special home occupation (beauty shop) to be located in the basement level of her home at 7243 Newton Avenue North. Following its introduction by the secretary, discussion of the application with Mrs. Huesmann related to: 1. the number of cars expected to park on the premises; 2. rules and regulatory requirements of the Minnesota State Board of Hairdressing and peauty_Culture Examiners; 3. Section 35-220.2. Standards for Special Use Permits; 4. a time limitation for future City review. A motion was made by Grosshans, seconded by Bogucki to recommend to the City Council that Application No. 69037 requesting a Special Use Permit for a beauty shop, be approved, with the following conditions: 1. The Special Use Permit shall be reviewed by the City in one year with an automatic extension for two additional years if it is determined that no problems exist with this Special Home Occupation. 2. The Rl (Residential) character of the site shall not be changed and any site alterations must be submitted for review by the City. rzhe motion carried unanimously. The next application to be considered was No. 69036 sub- mitted by zollie Baratz for the Bar-Ett Investment Company requesting preliminaryplat approval for property generally located at 7015 Osseo Road. During the introduction of the application by the Secretary, it was stated that approval for a previous application (68064-Site and Building Plans) was conditioned upon the platting of this property. The City Engineer and the Building Inspector had reviewed the plat and found it satisfactory. 1 1 1 -2- A motion was made by Nichols, seconded by Ditter to recommend to the City Council that Application No. 69036 requesting preliminary plat approval, be approved. The motion carried unanimously. The next application to be considered was No. 69040 sub- mitted by Daryl McCarthy requesting a variance from Section 15-104 of the City Ordinances which would permit subdivision without platting, a property, located at 1601 - 73rd Avenue North. Following an introduction by the Secretary, who indicated the Platting Ordinances does not provide for subdivision by metes and bounds at this time, and, that the new lots meet minimum requirements as to size, discussion centered on where the lot should be divided. with the concurrence of the applicant, Daryl McCarthy, a motion was made by Bogucki, seconded by Ausen to recommend to the City Council that Application No. 69040 requesting a variance from the Platting Ordinance, to permit subdivision without platting, be approved, on the condition that: 1. A ten foot drainage and utility easement centered on the dividing line of the two properties will be executed by the applicant. The motion carried unanimously. The next item of business to be considered was Application ivo. 69039 submitted by Fred Goener and David Betland requesting a variance from Section 15-104 of the City Ordinances, which would permit subdivision without platting. Their properties are located at 7120 and 7130 Logan Avenue North respectively. Following the introduction by the Secretary, who stated the Platting Ordinance does not provide for minor subdivisions at this time, and, that the new lots meet minimum requirement as to size and do not violate backyard setbacks provided that the existing lots retain 138 feet of depth. The motion was made by Ditter, seconded by Nichols, to recommend to the City Council that Application No. 69039 requesting a variance from the Platting Ordinance to permit subdivision without platting, be approved, with the following conditions: 1. The existing lots will retain 138 feet of depth and therefore not violate backyard setback requirements. 2. A drainage and utilities easement will be executed by the applicants as requested by the City Engineer. The motion carried unanimously. The next Application to be considered was No. 69038 sub- mitted by Donald Schwegel requesting a variance from Section 35-400 (6) of the City Ordinances, The Table of Minimum District Requirements, which states that "except as otherwise provided, garages shall be permitted to be constructed to within five feet of the rear property line." The property is located at 5317 Logan Avenue North. -3- Following the introduction by the Secretary, discussion of the application related to the wide alleys (30 feet) associated with the Humboldt Addition as it was platted in Brooklyn Center, and the precedent for other garages abutting alleys in this neighborhood. it was noted that outside said Humboldt Addition a smaller alley (14 feet wide) exits at the north end of the same block of Logan Avenue and that a garage set back five feet from the property line of this narrow portion of the alley would still be closer to the center of the alley than the applicant's garage were he to build on his property line where it abuts the alley. A motion was made by Grosshans, seconded by Nichols, to recommend to the City Council that Application No. 69038 request- ing a variance to allow the applicant to build a garage abutting his rear property line, be approved. The motion carried unanimously. Y"/-/'V D. 3,9 (7-)60 r_ h� The next item of business to be considered was Application No. 69042 submitted by Jolly Green Giant Restaurant, Inc., requesting a variance from Section:35- W.3A(2) (a) , which would permit the installation of a larger freestanding identification sign than that allowed by City Ordinances, for their restaurant located at 5540 Osseo Road. Following an introduction by the Secretary, Mr. Bill Naegele, a principal of Naegele Outdoor Advertising Company, represented the application before the Commission. Mr. Naegele's comments included; 1) Naegele Company is creating one standard sign for the Jolly Green Giant Restaurants. This sign will be used as the nationwide standard for their restaurants; 2) Letters associated with the word restaurant, as it appears on this sign, will be 24 inches high so as to allow for freeway advertising and reading from a distance of at least 1,000 feet. Mr. Naegele admitted that this size was not needed for view on Osseo Road but that the Jolly Green Giant Restaurants wished to minimize their cost by using the standard sign: 3) It is the roof on top of the sign, intended to compliment. the restaurant motif which increase the area of the sign and therefore puts it in violation of the size allowed by the Sign Ordinance. By removing the roof of the sign, the sign falls within the sign area allowed a building this size. Chairman Jensen noted that the Planning Commission had recently studied and had been involved in the drafting of Brooklyn Center's new Sign Ordinance and that the Commission was in agreement with the applicant that the proposed sign looked better with the roof on it. He also stated that the obvious solution was to scale down the size of the sign and include the roof. A motion was made by Ditter, seconded by Bogucki, to recommend to the City Council that Application No. 69042 requesting a variance from the Sign Ordinance, as it relates to the size of signs allowed, be denied. The motion carried unanimously. The next application to be considered was No. 69044 sub- mitted by Brooklyn Center State Bank requesting site and building plan approval for expansion on the east side of the existing building. Following the introduction by the Secretary, discussion of the application with the applicant, Mr. Lawrence, 1 1 1 -4- centered on parking requirements, traffic flow and City require- ments as to curbing, blacktopping and easements on the property. A motion was made by Bogucki, seconded by Grosshans, to recommend to the City Council that Application No. 69044 requesting site and building plan approval for an addition to the east side of the existing bank building be approved with the following conditions: 1. Utility and drainage plans are subject to the approval of the City Engineer. 2. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes. 3. A performance Agreement and Performance Bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee site improve- ments as designated on plans submitted. 4. Acknowledging the existance of site and building plans for the original bank building, the applicant should update the existing site plan to include contours and elevations for submission to the City Council and City Engineer. The motion carried unanimously. The next item of business was Application No. 69043 sub- mitted by Homedale Builders requesting site and building plan approval for garages (forty units) to be added to the apartment complex generally located at 65th and Humboldt Avenue North. The application was introduced by the Secretary who indicated that a previous related application (67035) had been approved involving 102 apartment units subject to the usual conditions, and that as part of that plan approval, the City Council requested a revised landscape plan so as to provide for larger trees consistent with the landscape schedule in the (then intended) Zoning Ordinance. Discussion centered on whether or not the garages should have a three -foot setback or a five foot setback. Mr. Norman Chazin, the applicant, indicated a willingness on the part of Homedale Builders to comply with either a t"rree foot or a five foot garage setback but stated a preference for a three foot setback which would allow for a wider driv;,.way and turning radius into these garages. A motion was made by Ausen, seconded by Ditter, to recommend to the City Council that T pplication No. 69043 requesting site and building plan approval for garages be approved with the following conditions: 1. Vete garages be constructed with a five foot setback from t'lte westerly property line. 2. The existing performance bond guaranteeing site improvements with a completion date of July 1, 1970, be used to guarantee site work associated with the addition of these garages. The motion carried unanimously. 1 1 1 -5- Chairman Jensen noted , with reference to the above appli- cation, that a review of landscape plans for this apartment project will be a matter for the City Council. At this time, 9:10 P.M., Chairman Jensen called for a recess. The meeting was called back to order at 9:25 P.M. The next application to be considered was No. 69033 sub- mitted by Northbrook Alliance Church requesting site and building plan approval for an addition to the existing church located at 6240 Aldrich Avenue North. Following the introduction by the Secretary, discussion with the applicant, Pastor Bubna, related to surfacing, drainage, curbing of the parking lot area and constructing driveways to City standards, and screening of the parking lot from R1 (residential) properties on either side. A motion was made by Bogucki, seconded by Grosshans to recommend to the City Council that Application No. 69033 requesting site and building plan approval for an addition to the church be approved subject to the following conditions: 1. Utility and drainage plans are subject to the approval of the City Engineer; 2. Building plans are subject to approval of the Building Inspector with respect to applicable building codes; 3. A performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee site improve- ments as designated on plans submitted; 4. An opaque fence six feet high, screening residential properties on the west side of the intended Church pzazrirg lot, shall be shown on plans submitted to the 4 {.,,T council. It should be further noted that the Planning Commission r::Zakes no recommendation for scra_:fit rag of those Y.-caidential properties on the ea-=,t side of the cry}a.ch parking lot; 5. _n-place coricr'-ete curbing (conforming to eurren-: City speci-f-Loations) shall be required for all P -.L !s9 areas and a.?,* driving areas. The motio.-a c a- ri ed unanimo%, �.,,. At "[iis time Chairman Jensen entertained discussion of Applicaticx No. 59019 submitted by Pearson and Swanson Company requesting site and building plan -approval for a three-story, 66 unit an <.,_-tn,;-:a building to b^ located at 6535 Osseo Road. 'I_e ands'i�:..=,' 3��n 'had been introduced and a hearing was held by the Planning commission on May 1.1-969, at which time the application was tabled. -TkNe &, )q, ! Following an introduction by the Secretary, discussion of the application with Mr. Pearson, a principal with Pearson and Swanson Company, centered on: 1) ingress/egress and traffic problems associated with this development's singular access onto Osseo Road; and 2) site plans and landscape plans as they pertain to the screening of this development. -6- A motion was made by Ditter, seconded by Bogucki, to recommend to the City Council that Application No. 69019 requesting site and building plan approval for an apartment building be approved subject to the following conditions: 1. Utility and drainage plans are subject to approval of the City Engineer; 2. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 3. A Performance Agreement and Performance Bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee site improvements as designated on plans submitted; 4. The intention of the Minnesota Highway Department to require the developer to install a right turn lane on Osseo Road onto the property is acknowledged by the City and herewith made a condition of plan approval; 5. With concurrence of the applicant, the berm which is being substituted for an opaque fence where the R5 zone abutts the R1 zone will be constructed to an elevation of 862.00 as opposed to the 861.50 as indicated on present plans. In this manner, the berm shall be constructed to a height of at least four feet. The motion ca-r:.•icd unanimously. The last item of business to be considered was Application No. 69027 submitted by Barnett Builders for Fireside Realty requesting site and building plan approval for a real estate office to be located at 5960 Osseo Road. The application had been int.� �s �a^ c3, and a hearing was held by the Planning Co�nmissicn r,"? phi, 1, 1969, at which time the application was introduction by the Secretary, and review of a t"'. e City Engineer regarding the installation of a lane on Oss;.o Road fronting this property, discus s3_r1711 -.t � on common driveways, joint-use parxing and t.,.e of accn - : t-o these properties from Beard Avenue as to Osseo Rr;,:�.d Aftc,7. a xdw of discuss.i on and with concurrence of the appli- cant, k_ °, a moti ; x -gas made by Bogucki, seconded by Ditter, t-.i� .c the app-Iic '>::±^n,, with the staff requested to obtain 1 c>s _n:-:n from th- Cit-y Council relative to traffic alterns-,t'.J ,�t-_s an-3 commerci�i :r�: ..opment in this block. The motion unanimously. _0�. i,!as made by Ausen, seconded by Nichols, to a(;_1jour;i. The motion carried unanimously. Adjournment came at 11:00 P.M. Chairman 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 July 24, 1969 The Planning Commission met in study session and was called to order by Chairman Robert Jensen at 7:40 P.M. Roll Call: Chairman Robert Jensen, Commissioners Henry Bogucki, Robert Grosshans, and Paul Ditter were present. Also present were C. E. VanEeckhout, Robert L. Haarman, and D. G. Poss. The first item of business was Application No. 69046 sub- mitted by the City of Brooklyn Center requesting site and building plan approval for a new municipal service garage to be located at 2501 - 69th Avenue North. Following a thorough review of the plans with the City Manager, a motion was made by Ditter, seconded by Grosshans, to recommend to the City Council that Application No. 69046, requesting site and building plan approval, be approved. The motion carried unanimously. At this time, Chairman Jensen entertained discussion of proposed preliminary plans relating to Application No. 69041 submitted by Architect Stanley Fishman. Mr. Fishman, repre- senting Glad and Miller Construction Company, discussed tentative site and building plans for two three-story multiple dwellings which would contain, in total, approximately 114 one and two bedroom apartment units. The site is located south of Lakeside Avenue and east of Twin Lake. Review of the preliminary plan proposal included: under- ground parking provisions; apartment unit types; density considerations; landscaping and a review of scale models. it was explained by Architect Fishman that his studies and resulting advice to his clients indicate that the site is devel- opable to the extent of no more than 114 R5 units. The 114 units were based upon the following provisions: 5.35 acres at 16 units per acre, yielding 85 units; 115 underground parking stalls, ordinance credit therefrom yielding 21 units; 8 units, or 22/ of a potential 36 units of density credit for an open space dedication of 2.3 acres along Twin Lake. It was the unanimous consensus of the Planning Commissioners that the proposed density of 114 units, including 8 units of density credit for Lakeshore property dedicated to open space use, and that the preliminary site and building plans were appropriate to the site and the applicant was authorized to further refine the plans for formal presentation and final action. The last item of business was Application No. 6 0-045 sub- mitted by the City of Brooklyn Center requesting site and building plan approval for a fire station to be located at 6500 Dupont Avenue North. Following a comprehensive review of the plans with the City Manager, a motion was made by Bogucki, seconded by Ditter, to recommend to the City Council that Application No. 69045 requesting site and building plan approval, be approved. The motion carried unanimously. 1 1 1 -2- The remainder of the meeting consisted of a discussion by the Commission of various planning subjects under their consideration and included the appointment of Mr. George Uhlenkott of 6836 Orchard Avenue North to the Northwest Neighborhood Committee. A motion was made by Ditter, seconded by Grosshans, to adjourn. The motion carried unanimously. Adjournment came at 11:00 P.M. Cha rm n 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 August 7, 1969 The Planning Commission met in regular session and was called to order by Chairman Robert Jensen at 8:00 P.M. Roll Call: Chairman Robert Jensen, Commissioners Henry Bogucki, Paul Ditter and Robert Grosshans were present. Also present were C. E. VanEeckhout and R. L. Haarman. A motion was made by Ditter, seconded by Grosshans, to approve the minutes of the regular meeting of July 3, 1969, as corrected and the minutes of the study meeting of July 24, 1969, as submitted. The motion carried unanimously. The first item of business was Application No. 69047 sub- mitted by Midwest Federal Savings and Loan, requesting site and building plan approval for an office to be located at 5545 Xerxes Avenue North. Following its introduction by the Secretary, Nissrs. Dunwiddie and Cadmus, representing the application, answered questions for the Planning Commission. Following a review of the plans, a motion was made by Bogucki, seconded by Grosshans, to recommend to the City Council that Application No. 69047, requesting site and building plan approval, be approved with the following conditions: 1. The applicants should consider the installation of five foot sidewalks along 56th Avenue North and along Xerxes Avenue North. 2. The concrete apron at the entrances to this site should rise so as to accommodate sidewalks. 3. The width of the parking spaces in the parking lot should be increased to at least 8 feet 8 inches in conformance with ordinance standards. 4. Utilities and drainage plans are subject to the approval of the City Engineer. 5. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes. 6. A performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee the site improvements as designated on the plans submitted. The motion carried unanimously. (Commissioner Vernon Ausen arrived at 6:20 P.M. after this motion.) The next application to be considered was Application No. 69048 submitted by St. Alphonsus Church requesting site and building plan approval for a single story, 1600 square foot, youth center. Following its introduction by the Secretary, discussion of the application with Reverend Michael Hillary centered on utility installations for the site and parking requirements. 1 1 1 -2- Following the review of the plans, a motion was made by Grosshans, seconded by Ditter, to recommend to the City Council that Application No. 69046, requesting site and building plan approval for the St. Alphonsus Youth Center, be approved subject to the following conditions: 1. Utility and drainage plans are subject to the approval of the City Engineer. 2. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes. 3. A performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee site cleanup. The motion carried unanimously. The next item of business to be considered was Application No. 69027 submitted by Barnett Builders for Fireside Realty Company, requesting site and building plan approval for a real estate office to be located at 5960 Osseo Road. The application had been introduced and a hearing was held by the Planning Commission on June 5, 1969, at which time the application was tabled. The application was also considered at the July meeting of the Planning Commission and with the concurrence of the appli- cant, Mr. Barnett, the application was again tabled with the staff requested to obtain a concensus from the City Council relative to traffic alternatives for commercial developments in this block on Osseo Road. Following an introduction by the Secretary, the City Engineer indicated that it was the concensus of the City Council that it would not be opposed to the concept of prohibiting the use of Beard Avenue to commercial traffic for the properties fronting on the 5900 block of Osseo Road and to the concept that commercial developments in this block dedicate a 15 foot ease- ment to the City so as to provide for a right turn lane onto these commercial properties. A motion was made by Ditter, seconded by Grosshans, to table the application with the Secretary instructed to notify the applicant of the aforementioned, so that he might re-work his plans. The motion carried unanimously. At this time, Chairman Jensen entertained discussion of Section 35-320. 1 (p) of the Zoning Ordinance, Equipment Rental and Leasing Services, a permitted use within the Cl Service/ Office District. After a brief discussion and with the concensus of the Planning Commission that equipment rental was not appropriate to a Cl Service/Office zoning classification, but rather more appropriate to the Cl Commerce District zoning classification, a motion was made by Bogucki, seconded by Ausen, to recommend to the City Council, that "equipment rental and leasing services" be -removed as a permitted use within a Cl zoning district and added to the permitted uses within the C2 Commerce district zoning classification. The motion carried unanimously. _3_ The remainder of the meeting consisted of a dsicussion by the Commission of the various planning items under their consideration including an August meeting including principals associated with the Brooklyn Center Industrial Park. The Secretary was instructed to make arrangements for that meeting. A motion was made by Grosshans, seconded by Ditter, to adjourn. The motion carried unanimously. Adjournment came at 10:10 P.M. J Chairm Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center in the County of Hennepin and State of Minnesota September 4, 1969 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 Paul Ditter Vernon Ausen and Charles Nichols were present. Motion was made by Ausen, seconded by Ditter, to approve the minutes of the regular meeting of August 7, 1969, as sub- mitted. The motion carried unanimously. The first item of business was Application No. 69049 sub- mitted by Petersen and Associates requesting a Special Use Permit for a nursing home which would be located in the southeast corner of 55th and Bryant Avenues North. Following an introduction of the application by the Secre- tary, Mr. Odell, a principal with Odell-Petersen and Associates, spoke on behalf of the application. (Commissioner Henry Bogucki arrived at 7:55 P.M. during this review.) Chairman Jensen entertained comments from neighboring property owners and discussion of the application centered on: parking requirements, traffic and truck deliveries, the use of Bellvue Park by the nursing home residents, and the appropriateness of the use within the neighborhood. A motion was made by Nichols, seconded by Bogucki, to close the public hearing. The motion carried unanimously. At this time Chairman Jensen noted certain problems asso- ciated with the site and the need for further study and suggested a visit with that areas neighborhood group. Chairman Jensen suggested that with the advice of the City Engineer, the Planning Commission would have to decide whether or not 55th Avenue North qualifies as a collector street. In addition, because the site is small and there is little privacy or space that could be provided for outdoor recreation, the Planning Commission with the advice of the Park and Recreation Department will have to decide if Be llvue Park may be used to offset this deficiency. A motion was made by Ditter, seconded by Bogucki, to table Application No. 69049 for further study. The motion carried unanimously. Chairman Jensen called for a recess at 8:45 P.M. The meeting was called back to order at 9 o'clock P.M. The next application to be considered was Application No. 69050 submitted by the City of Brooklyn Center regarding rezoning from R1 to the R4 classification those properties not now zoned R4 and generally described as lying west of Lyndale between 69th and 73rd Avenues North and east of Evergreen Park and Bryant Avenue extended southward. -2- Following an introduction by the Secretary, Chairman Jensen Cooke of the Planning Commission's interest in certain planning principles and at the same time its intent to consider the opinions and desires of affected neighborhood residents. At this time, Chairman Jensen entertained discussion of the appli- cation with the affected property owners. The concensus of property owners present was that the City should make no change and continue to allow the R1 zoning for the properties in question. Motion was made by Ditter, seconded by Nichols, to close the public hearing. The motion carried unanimously. Discussion of the application by the Planning Commission centered on: 1) planning concepts which suggest the entire area be zoned within one zoning classification; 2) the difficulty of making exceptions to the non-conforming use provisions of the zoning ordinance; 3) the possibility of using the variance provisions of the zoning ordinance so as to allow additions or improvements not allowed under the non-conforming use status; 4) the zoning mix which would allow R3, R2 and Rl uses in an R4 district. Motion was made by Nichols, seconded by Bogucki, to recommenc to the City Council that Application No. 69050 considering rezoning from R1 to R4 not be approved in view of the concensus of the affected property owners to continue the present R1 classification and acknowledging the owners stated intent to make no changes in the R1 (residential) character of the pro- perties in question. The motion carried unanimously. A motion was made by Bogucki, seconded by Nichols to adjourn. The motion carried unanimously. Adjournment came at 9:45 P.M. P) �I� h�_ Chairma i 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 September 25, 1969 The Planning Commission met in study session and was called to order by Chairman Robert Jensen at 7:40 P.M. Roll Call: Chairman Robert Jensen, Commissioners Paul Ditter, Henry Bogucki, Robert Grosshans and Vernon Ausen were present. Also present were R. L. Haarman and Gene Hagel. Chairman Jensen entertained discussion of Planning Commission Application No. 69049 submitted by Peterson and Associates requesting a special use permit for a nursing home within the southeast corner of 55th and Bryant Avenues North. Commissioner Paul Ditter, advisor to the Southeast Neighbor- hood Committee, indicated that at their meeting held Monday, September 22, 1969, the concensus of the committee was that it favored the nursing home concept as such. Discussion of the application by the Planning Commission centered on: 1) The use of adjacent Bellvue Park by the nursing home residents; - Gene Hagel, Park and Recreation Director, indicated it was his opinion that the use of Bellvue Park by nursing home residents would not conflict with other park users or activities. 2) Whether or not 55th Avenue North qualifies as a collector street; - The Planning Commission Secretary cited two sources having street design standards, both of which indicated that 55th Avenue North would not qualify as a collector street. (See Principles and Practices of Urban Planning by the International City Managers Association and the Brooklyn Center Comprehensive Plan, page 41.) 3) The density of the site as it relates to the bulk or size of the proposed 3 story structure, which is obviously larger than the standard type of buildings permitted in the district; 4) The proposed density of the site relative to the number of persons intended to reside thereon, which is greater than other nursing homes in the area 5) The lack of site development standards for nursing homes as they relate to 3 and 4 above. A motion was made by Bogucki, seconded by Ditter, to instruct the Secretary to draft a resolution recommending denial of Planning Commission Application No. 69049 citing the fact that 55th Avenue North does not qualify as a collector street and that the proposed density of the site, as it relates to the bulk of the structure and the number of residents to occupy it, seems excessive in light of other nursing home sites discussed. voting for the motion were: Ditter, Bogucki, Jensen and Ausen. voting against were: none. Not voting was Commissioner Robert Grosshans. The motion carried, i ,. i� j ..— I s - y ` '. ail ... _ .. y �*"lt .. I it i I i I -2- At this time, the Secretary discussed the possibility of a joint meeting of the Planning Commission of Brooklyn Center and Brooklyn Park to be held October 15, 1969, at the Council Chambers in Brooklyn Park. The majority of the Planning Commissioners present indicated their support of such a meeting. (At this time, 9 o'clock P.M,, Commissioner Vernon Ausen excused himself and left the meeting.) Motion by Bogucki, seconded by Grosshans, to instruct the Secretary to draft a resolution indicating their support for a course or seminar on Community Planning tentatively to be offered by North Hennepin State Junior College. The motion carried unanimously. Chairman Jensen next read a letter received from Brooklyn Center Industrial Park indicating that Midwest Planning and Research, Inc. was providing various studies and consultant services to the Industrial Park relative to over-all land use and development of site areas within the Industrial Park. A motion was made by Ditter, seconded by Bogucki, to acknowledge receipt of the letter from Brooklyn Center Industrial Park, Inc. The motion carried unanimously. The motion was made by Grosshans, seconded by Bogucki, to adjourn. The motion carried unanimously. Adjournment came at 9:3Q P.M. bo Ch Erma i 1 i Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center and County of Hennepin and State of Minnesota October 2, 1969 The Planning Commission met in regular session and was called to order by Chairman Robert Jensen at 7:30 P.M. Roll Call: Chairman Robert Jensen, Commissioners Paul Ditter, Henry Bogucki, Robert Grosshans, and Vernon Ausen were present. A motion was made by Ditter, seconded by Bogucki, to approve the minutes of the regular meeting of September 4, 1969, and the study meeting of September 25, 1969, as submitted. The motion carried unanimously. The first item of business was Application No. 69049 submitted by Peterson and Associates requesting a special use permit for a nursing home which would be located in the southeast corner of 55th and Bryant Avenues North. At this time, Chairman Jensen asked the Planning Commission Secre- tary to read a draft resolution recommending denial of Planning Commission Application No. 69049. Discussion of the drat resolution ensued. (Commissioner Adrian Dorenfeld arrive at 7:40 P.M. during this discussion.) Motion by Bogucki, seconded by Grosshans, to adopt Planning Commission Resolution No. 69-5, a resolution recommending denial of Planning Commission Application No. 69049 submitted by Peterson and Associates. Voting for the resolution were: Ditter, Bogucki, Grosshans, Jensen and Ausen; voting against: none. Not voting: Adrian Dorenfeld. The motion carried. PLANITINIG COMMISSION RESOLUTION NO. 69-5 A RESOLUTION RECOMMENDING DENIAL OF APPLICATION NO. 69049 SUBMITTED BY PETERSON AND ASSOCIATES s'HEREAS, on August 5, 1969, Peterson and Associates submitted Application No. 69049 requesting a Special Use Permit for a nursing home at the southeast corner of 55th and Bryant Avenues North within an R2 zoning district; and WHEREAS, on September 4s 1969, the Planning Commission reviewed the request and received testimony regarding the Special Use Permit at a public hearing held pursuant to mailed notices; and WHEREAS, the Planning Commission further considered and studied the request at its study meeting held September 25, 1969; and WHEREAS, the Planning Commission has considered, reviewed and studied all information relative to the application; and WHEREAS, Section 35-311. 2 (d) of the Zoning Ordinance of the City of Brooklyn Center recognizes nursing homes and rest homes as Special Uses within an R2 district "provided primary vehicular access shall be gained by a collector or arterial street" ; and -2- WHEREAS, neither 55th Avenue North nor Bryant Avenue North qualifies as a collector street according to cited street design standards found in the Brooklyn Center Compre- hensive Plan and Principles and Practices of Urban Planning by the International City Management Association; and WHEREAS, the proposed site density as it relates to the bulk or size of the proposed three story structure, is obviously greater than the typical type of building permitted in the district; and WHEREAS, the proposed density of the site, relative to the number of persons intended to reside thereon, is excessive in view of the amount of open space available to support the proposed population; NOW, TIiEREFORE, IT IS HEREBY RECOMMENDED to the City Council that Application No. 69049, requesting a Special Use Permit, be denied. At this time, Mssrs. Fred O'Dell and Arnold Peterson, representing Application No. 69049, requested that the Planning Commission hold the application in abeyance to allow the applicants time for further study and possible revisions to their development plans. Motion by Bogucki, seconded by Ditter, to reverse the action regarding Planning Commission Resolution No. 69-5 and to table the application at the request of the applicant. The motion carried unanimously. The next item of business to be discussed was Planning Commission Application No. 69052 submitted by Carl Anderson requesting a variance from ordinance requirements of Section 35-400 (the 10 foot setback) ; Section 3-102.7 (automatic fire extinguishing systems) and plan approval for an addition to Anderson Automatic Screw Company located at 4912 France Avenue North. Following an introduction by the Secretary, discussion of the application centered on the sideyard setback and parking requirements as they relate to this industrial use. Motion by Ditter, seconded by Grosshans, to recommend to the City Council that that part of Application No. 69052 relating to a variance from the ordinance requiring the 10 foot setback and that part of Application No. 69052 relating to plan approval, be approved, subject to the following conditions : 1. a sideyard setback of one foot is allowed since the addition is an extension of the existing building having a setback of one foot; 2. building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 3. a performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee site clean-up and the striping of 22 parking stalls. The motion carried unanimously. -3- The Planning Commission did not make a recommendation: on the variance from the ordinance requirements of Section 3-102.7 (automatic fire extinguishing systems) . The next item of business to be considered was Planning Commission Application No. 69053 submitted by Franklin Olson requesting a variance from Section 35-530.1 of the City Ordinance which states "that no accessory building . . . shall be . . . within eight feet of the principle building. " The applicant lives at 5712 Knox Avenue North and wants to add on to his house which would then be 5.5 feet from his garage. Following its introduction by the secretary, discussion, of the application centered on: 1r the eight foot setback requirement specified in Section 35-530.1; 2a building code requirements for fire protection as they relate to adjacent buildings; 3. building setbacks as they affect present housing trends and expected requests for home additions in Brooklyn Center; 4. Section 35-240.2 of the City Ordinance - Standards for Variances. Motion was made by Dorenfeld, seconded by Bogucki., to recommend to the City Council that Application No. 69053 requesting a variance, be approved, so as to allow this home addition to be within 5.5 feet of an accessory building_ The motion carried unanimously. Chairman Jensen indicated that the minutes should reflect the Commission's intent to review setback requirements in view of this and expected requests for home additions in Brooklyn Center. The next item of business was Application No. 69055 submitted by Dayton Development Company requesting site and building plan approval for a remodeling of the area within Brookdale Center occupied by Super Valu Stores. Following its introduction by the Secretary, discussion of the application centered on parking requirements and pro- posed changes in the space occupied by Super Valu Stores. A motion was made by Ditter, seconded by Dorenfeld, to recommend to the City Council that Application No. 69055, requesting site and building plan approval, be approved, provided that the remodeling will not increase the present gross leasable area thereby not requiring additional parking spaces. The motion carried unanimously. Commissioner Bogucki introduced the following resolution and moved its adoption: -4 PLANNING COMMISSION RESOLUTION NO. 69_6 A RESOLUTION SUPPORTING A SEMINAR OR COURSEWORK IN COMMUNITY PLANNING AT NORTH HENNEPIN STATE JUNIOR COLLEGE WHEREAS, it has been brought to the attention of the Planning Commission of the City of Brooklyn Center that North Hennepin State Junior College is considering a seminar or r_oursework in Community Planning; and WHEREAS , it is recognized that planning is a means of guiding future development of our communities and of assuring the public health, safety and general welfare; and WHEREAS, community planning can insure a safer, more pleasant and more economical environment for residential, commercial, industrial and public actities: NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Brooklyn Center as follows: 1. The Planning Commission endorses and will support Seminars or Coursework on Community Planning which may be offered by North Hennepin State Junior College. 2. The Planning Commission Secretary is directed to transmit Copies of this resolution to the City Council and North Hennepin State Junior College. The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Dorenfeld. The motion carried unanimously. Lastly, the Planning Commission discussed proposed storage shed structures desired by Federal Lumber Company. Chairman Jensen requested that a formal application be processed for further consideration. Motion by Bogucki, seconded by Dorenfeld, to adjourn. The motion carried unanimously. Adjournment came at 10:30 P.Xi Char n Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center and County of Hennepin and State of Minnesota October 14, 1969 The Planning CDmmission met in special session and was called to order by Chairman Robert Jensen at 7:10 P.M. Roll Call: Chairman Robert Jensen, Commissioners Paul Ditter, Vernon Ausen and Adrian Dorenfeld. Also present was R. L. Haaaman. Chairman Jensen entertained discussion of Planning Commission Application No. 69056 submitted by Federal Lumber Company requesting site and building plan approval for two proposed lumber storage sheds. Mr. Rosenbaum, representing the application, reviewed the proposed shed addition with the Commission. D-i.scussion centered on future plans for the yard which Mr. Rosenbaum outlined, including intended blacktopping of much of the yard and additional lumber storage sheds. Motion by Dorenfeld, seconded by Ditter, to recommend to the City Council that Application No. 69056 requesting site and building plan approval, be approved on the condition that the building plans are subject to the approval of the Building Inspector with respect to applicable building codes. The motion carried unanimously. Motion by Ditter, seconded by Dorenfeld, to adjourn. The motion carried unanimously. Adjournment came at 7 :30 P.M. W � _ Ch a' rman -- --- 1 1 1 Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center and County of Hennepin and State of Minnesota November 6, 1969 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 Paul Ditter, Henry Bogucki, Robert Grosshans, Vernon Ausen, Adrian Dorenfeld, and Charles Nichols were present. Also present were R. L. Haarman and C. E. VanEeckhout. Motion was made by Bogucki, seconded by Dorenfeld, to approve the minutes of the regular meeting of October 2, 1969, and the special meeting of October 14, 1969, as submitted. The motion carried unanimously. The first item of business to be considered was Application No. 69054 submitted by U-Haul Company on behalf of the Sipe and Gray Texaco Service Station located at 4861 Osseo Road, requesting a special use permit which would allow trailer rentals. Following its introduction by the Secretary, Mr. Sipe r_pr: sented the application and answered questions for the Conanissioners. Motion was made by Bogucki, seconded by Dorenfeld, to recommend to the City Council that Application No. 69054 requesting a Special Use Permit be approved with the following conditions : 1. The number of trailers to be parked at the station will not exceed 8 in number; 2. The Special Use Permit shall be reviewed by the City in one year; and 3. Notice of this action shall be sent to the Minnesota Highway Department. The motion carried unanimously. The next item of business was reconsideration of Appli- cation No. 65018 submitted by Iten Chevrolet which originally approved the existing identification sign (3 side pylon) on the premises at 6701 Osseo Road. The application was introduced by the Secretary who stated that City Council Resolution No. 65-84 granted the original sign approval and that Iten Chevrolet has made a request to amend the original approval by substituting a three-sided four foot square logograph for the middle symbol under the word "Iten" . The Secretary further stated that the projected area of this sign's polygon is not affected by the substitution proposed. Following a discussion of the request to amend the application with Mr. Joe Iten, a motion was made by Ditter, seconded by Grosshans, to recommend to the City Council that Application No. 65018 be amended, as requested, with the following conditions : 1 1 1 -2- 1. That the proposed substitution will not affect the height or area requirements as originally approved. 2. That this and any future substitutions be limited to identification monograms or logographs. Voting for the motion were Ditter, Bogucki, Grosshans, Jensen, Ausen and Nichols. Voting against was Adrian Dorenfeld. The motion carried. At this time Chairman Jensen called for a review of Appli- cation No. 69022 submitted by Joe Iten which approved a Special Use Permit and allowed placement of a mobil home type trailer on the premises of Iten Chevrolet to serve as a temporary sales office on the condition that the permit expire on October 31, 1969. Joe Iten answered questions for the Planning Commission and requested extension of the Special Use Permit until July 1, 1970, on the basis that a consultant has been hired to help Iten Chevrolet resolve their space problems. Motion was made by Nichols, seconded by Bogucki, to recommend to the City Council that Application No. 69022 be amended by extending the time limit for the special use permit until July 1, 1970. Voting for the motion were Ditter, Bogucki, Jensen, Ausen, Dorenfeld, and Nichols. Voting against none. Not voting was Robert Grosshans. The motion carried. The next item of business was the joint consideration of Application No. 68073 and 69021 submitted by the Dietrich Company and Peterson-Seed, respectively, both requesting rezoning from the R3 to the R5 classification. The property is generally described as lying west of Osseo Road and north of 69th Avenue North and within the extreme northwest corner of the City of Brooklyn Center. Following the introduction by the Secretary who presented a chronological review of the events leading up to the present public hear '_ng, Mr. Howard Dahlgren, a principal with Midwest Planning and Research, Inc. , spoke on behalf of the applicants and presented a development concept consistent with the rezoning request. Following Mr. Dahlgren' s presentation, Chairman Jensen called for a recess at 9 o'clock P.M. The meeting was called back to order at 9:25 P.M. At this time, Chairman Jensen recognized Mr. Pearson who spoke on behalf of affected property owners and presented a petition against rezoning. Chairman Jensen then entertained discussion of the applications with affected property owners. Discussion of the application with neighborhood property owners, Howard Dahlgren, and the Commission centered on: 1. the economics of land development in this area; 2. the feasibility of underground parking; 3. platting concurrent with rezoning which would guarantee the location of roads and transitional open spaces on the development. 1 1 1 -3- Motion was made by Dorenfeld, seconded by Bogucki, to close the public hearing. The motion carried unanimously. After a brief discussion among the Commissioners, a motion was made by Dorenfeld, seconded by Ditter, to table Application No. 68073 and 69021, taking the applications under advisement for further study. The motion carried unanimously. The next item of business to be considered was Application No. 69061 submitted by E. H. Petsuch Realty requesting a special use permit for a special home occupation so as to allow the employment of not more than one non-resident person at 4800 - 71st Avenue North. The Secretary introduced the application indicating that Mr. Petsuch presently operates a real estate office in his home under the "home occupation" status permitted within an R1 zoning classification. The Secretary further related that Mr. Petsuch is asking for a "special home occupation" status which would allow employment of one non-resident. Following the introduction by the Secretary, Chairman Jensen read a letter from Petsuch Realty requesting permission to employ a salesman. At this time, Chairman Jensen entertained discussion of the application with affected property owners whereupon a petition against the special use permit was presented to the Chair. After a brief discussion of "Special Home Occupations" , a motion was made by Bogucki, seconded by Grosshans, to table Application No. 69061, taking it under advisement so as to study special home occupations. Motion carried unanimously. The next application to be considered was Application No. 69057 submitted by Parker Klien Associates, Architects, requesting site and building plan approval for a proposed restaurant to be known as TJ ' s. Said restaurant is intended for the vacant parcel between Farrell ' s Ice Cream Parlor and the Green Giant Restaurant. During the discussion and review of site and building plans, the Secretary pointed out that there were no plans for a fire extinguishing system as required in Section 3-102.7 of the City Ordinance. At this time, 11:05 P.M. , Adrian Dorenfeld excused himself and left the meeting. Following review of the plans, a motion was made by Bogucki, seconded by Grosshans, to recommend to the City Council that Application No. 69057 requesting site and building plan approval be approved with the following conditions: 1. The restaurant will comply with all ordinance requirements, including Section 3-102.7 regarding fire extinguishing systems. 2. Utility and drainage plans are subject to the approval of the City Engineer, prior to the issuance of a building permit. 1 1 1 -4- 3. The building plans are subject to the approval of the Building Inspector with respect to applicable building codes. 4. A performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee site improvements as designated on the plans submitted. The motion carried unanimously. The next item of business was Application No. 69058 sub- mitted by Midwest Pattern Company requesting a variance from ordinance requirements of Section 35-400 (the 10 foot setback) and site and building plan approval for an addition to Midwest Pattern Company at 3625 - 48th Avenue North. Following its introduction by the Secretary, a discussion of the application centered on: 1. the 1500 square foot addition to the existing building as an extension of the existing 5 foot sideyard setback; 2. improvement of driveway and parking areas from the present unimproved and muddy state by bringing it up to City standards as specified by Section 35-710 of the City Ordinance. Following a review of the application, a motion was made by Ditter, seconded by Nichols, to recommend to the City Council that Application No. 69058 be approved with the following conditions: 1. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes. 2. Improvements in the driving and parking areas shall be installed consistent with Section 35-710, surfacing, drainage and curbing, and with plans therefor to be submitted to and approved by the City Engineer. The City Engineer is to determine if curbing will feasibly permit adequate drainage. 3. A performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee site improvements. The motion carried unanimously. At this time, Chairman Jensen entertained Application No. 69059 submitted by Allen Construction Company requesting a variance from Section 35-400 of the City Ordinance which requires a 25 foot side corner setback. During the introduction of the application, the Secretary stated that the existing setback is 11.65 feet with the house positioned such that a proposed addition will encroach another 1.40 feet into that setback. 1 1 1 -5- Following a discussion of the application, a motion was made by Ausen, seconded by Bogucki, to recommend to the City Council that Application No. 69059 be approved because Lakebreeze Avenue extended is used as public access to Twin Lake and not as a traffic bearer, therefore negating the need for the 25 foot sideyard setback. The motion carried unanimously. The next item of business to be considered was Application No. 69060 submitted by Northwestern Bell Telephone Company requesting a variance from Section 34-130.11 of the City Ordinance which prohibits billboards, i.e. a sign located off the premises. Following its introduction by the Secretary, Mr. C.E. Johnson, representing Northwestern Bell Telephone Company, stated a hardship exists in that drivers with deliveries, prospective employees, customer, etc. , all have a problem finding the location of this building. Mr. Johnson then requested a temporary off premise directional/identification sign to be located at the junction of County Road 10 and Shingle Creek Parkway. The Secretary related to the Commission the applicant' s stated willingness to the Staff to accept a street corner sign identifying Shingle Creek Parkway where it intersects with County Road 10, in lieu of the proposed sign,when the problem was brought to the attention of the Public Works Department. Mr. Johnson stated that after matter, the North- western Bell Telephone Company wished to proceed with their request for a variance. In the meantime, a street corner sign identifying Shingle Creek Parkway with the intersection of County Road 10 has been installed. Motion was made by Nichols, seconded by Bogucki, to recommend to the City Council that Application No. 69060 be approved with the following conditions : 1. The sign will not exceed the 48" by 72" dimensions proposed; 2. Location and elevation of the sign will be subject to the approval of the City Engineer; 3. The sign be removed no later than April 1, 1970. Voting for the motion were: Bogucki, Grosshans, Jensen, Ausen, and Nichols voting against: Paul Ditter. The motion carried. Mr. Ditter was opposed to the size of the sign. The next application to be considered was No. 69062 sub- mitted by Bill Till requesting a variance from Section 35-400 which requires a lot width of 75 feet (63 feet proposed) for a two family dwelling at 5344 Camden Avenue North. Following its introduction by the Secretary, discussion of the application centered on: 1, the reduced width of the lot as it relates to the land area where this lot has 13,680 square feet or 1, 280 square feet above the required 12,400. 1 1 1 -6- Commissioners Charles Nichols and Vernon Ausen excused themselves and left the meeting during this discussion at 12:18 A.M. and 12:30 A.M. respectively. A motion was made by Bogucki, seconded by Grosshams, to recommend to the City Council that Application No. 69062 be denied. Voting for the motion were Bogucki, Grosshans, and Jensen. Voting against none. Not voting was Paul Ditter. Commissioner Ditter felt that a two family dwelling could be constructed and positioned on the lot, because in this case, the land area seemed to compensate for the deficiency in lot width. The motion carried. As the last item of business, Chairman Jensen made the following appointments to the existing neighborhood committees: Appointed to the Southwest Neighborhood Committee: Wilfred J. Zalaznik, 5152 Ewing Avenue North Appointed to the Northeast Neighborhood Committee: James D. Flakne, 1719 - 70th Avenue North Appointed to the Northwest Neighrborhood Committee: Lawrence Sanders, 3306 - 67th Avenue North Eilert Pederson, 6712 Ewing Avenue North Motion by Bogucki, seconded by Ditter, to adjourn. The motion carried unanimously. Adjournment came at 1:10 A.M. , November 7, 1969. Chair an r�,. 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 December 4, 1969 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 Henry Bogucki, Vernon Ausen and Charles Nichols were present. Also present were R. L. Haarman, C. E. VanEeckhout and D. G. Poss. Motion was made by Bogucki, seconded by Ausen, to approve the minutes of the regular meeting of November 6, 1969, as submitted. The motion carried unanimously. The first item of business to be considered was Application No. 69063 submitted by Drs. Swenson and Murn, requesting rezoning from R5 to Cl, property located generally in the southwest corner of the intersection of 65th Avenue North and Osseo Road. Following its introduction by the Secretary, who reviewed previous Planning Commission Applications relative to the subject property, Attorney Bernard Zimpfer spoke on behalf of the application and presented a development concept con- sistent with the rezoning request. Discussion of the appli- cation centered on: the appropriate land use for the property in question, comprehensive plan development goals for Osseo Road, and the concept of the interchangability of Cl uses with R5 uses. Motion was made by Nichols, seconded by Bogucki, to table Application No. 69063 for the purpose of consulting with the West Central Neighborhood Committee before a decision is made. Voting for the motion were: Nichols, Bogucki, and Jensen; voting against: none; not voting: Vernon Ausen. Commissioner Ausen felt that referring the matter to the West Central Neighborhood Committee was not necessary. Motion carried. (Commissioner Adrian Dorenfeld arrived at 8:03 P.M.) At this time, Chairman Jensen called for discussion of Planning Commission Application Nos. 68073 and 69021, submitted by the Dietrich Company and Peterson-Seed, respectively, requesting rezoning from R3 to R5 two contiguous land areas generally located in the extreme northwest corner of the City of Brooklyn Center. The rezoning requests had been considered at the previous meeting of the Planning Commission on November 6, 1969. Chairman Jensen reminded the Commission that the public hearing on the matter had been closed at a previous meeting and that the purpose of considering the matter this evening consisted of a call for any new information and discussion amongst Planning Commission members of the merits of the application. Howard Dahlgren of Midwest Planning and Research, Inc. responded to Chairman Jensen's invitation to present new infor- mation by illustrating and describing certain changes in the proposed physical layout of the proposed development which were 1 i 1 -2- prompted by comments and concerns expressed in meetings which the applicants held with neighborhood property owners, the Northwest Neighborhood Planning Committee, and representatives of the Brooklyn Methodist Church. With a series of drawings, Dahlgren illustrated how the open space buffer area had been further extended from the neighboring single family residences and he suggested that binding guarantees for perpetual main- tenance of the approximately 18 acre open space buffer area would be furnished by the applicants as part of a platting procedure which he proposed should proceed concurrent with the rezoning. Planning Commissioners commented on the proposal, generally to the effect that the Dietrich proposal was one of the better development proposals that had been brought before the Commission. Commissioner Dorenfeld, citing population increases, demands for housing, and economics of home buying, suggested that such factors made increased living densities inevitable. Chairman Jensen expressed an apprehension that R-3 zoned land in the City was becoming diminished and he wondered if Brooklyn Center would ultimately be able to offer a complete variety of living modes as comprehended in the Comprehensive Plan. Commissioner Bogucki suggested that the Commission consider consulting with a professional planner who would be retained by the City to provide recommendations regarding the application. Commissioners determined to defer such a decision until a later date. A motion was made by Dorenfeld and seconded by Nichols to table Application Nos. 68073 and 69021 in order to take the Applications under advisement for further study and to permit the Planning Commission to receive and digest the report and recommendations of the Northwest Neighborhood Committeee relative to the application. At this time, 8:50 P.M. , Chairman Jensen called for a recess. The meeting was called back to order at 9:30 P.M. (During the recess, Charles Nichols excused himself and left the meeting.) The next item of business to be considered was Application No. 69049 submitted by Peterson and Associates requesting a Special Use Permit for a nursing home which would be located in the southeast corner of 55th and Bryant Avenues North. The application had been previously heard by the Planning Commission at its meeting of October 2, 1969, at which time it was tabled, at the request of the applicant, so as to allow the applicants time for further study and possible revision to their development plans. Following its introduction by the Secretary, Chairman Jensen acknowledged receipt of a letter from Peterson and Associates dated November 13, 1969, stating a willingness to be flexible with respect to building plans. Mr. Arnold Peterson, representing the application, spoke on behalf of the proposed land use and answered questions for the Commission. Motion was made by Bogucki, seconded by Dorenfeld, to adnnt Planning Commission Resolution No. 69-5 (previously considered on October 2, 1969) , a resolution recommending donial of Planning Commission Application No. 69049 submitted by Peterson and Associates. The motion carried unanimously. 1 1 1 -3- PLANNING COMMISSION RESOLUTION NO. 69-5 A RESOLUTION RECOMMENDING DENIAL OF APPLICATION NO. 69049 SUBMITTED BY PETERSON AND ASSOCIATES WHEREAS, on August 5, 1969, Peterson and Associates submitted Application No. 69049 requesting a Special Use Permit for a nursing home at the southeast corner of 55th and Bryant Avenues North within an R2 zoning district; and WHEREAS , on September 4, 1969, the Planning Commission reviewed the request and received testimony regarding the Special Use Permit at a public hearing held pursuant to mailed notices; and WHEREAS , the Planning Commission further considered and studied the request at its study meeting held September 25, 1969; and WHEREAS, the Planning Commission has considered, reviewed and studied all information relative to the application; and WHEREAS , Section 35-311.2 (d) of the Zoning Ordinance of the City of Brooklyn Center recognizes nursing homes and rest homes as Special Uses within an R2 district "provided primary vehicular access shall be gained by a collector or arterial street" ; and WHEREAS, neither 55th Avenue North nor Bryant Avenue North qualifies as a collector street according to cited street design standards found in the Brooklyn Center Comprehensive Plan and Principles and Practices of Urban Planning by the International City Management Association; and WHEREAS, the proposed site density as it relates to the bulk or size of the proposed three story structure, is obviously greater than the typical type of building permitted in the district; and WHEREAS, the proposed density of the site, relative to the number of persons intended to reside thereon, is excessive in view of the amount of open space available to support the proposed population; NOW, THEREFORE, IT IS HEREBY RECOMMENDED to the City Council that Application No. 69049, requesting a Special Use Permit, be denied. Following adoption of the resolution, a motion was made by Ausen, seconded by Bogucki, to recommend to the City Council that it consider acquiring properties in the southeast corner of 55th and Bryant Avenues North, when available, for the purpose of expanding the land area of Bellvue Park. Motion carried unanimously. The remainder of the meeting consisted of a discussion by the Commission of various planning subjects under their consideration, which included: 1 1 1 -4- 1) the introduction of a draft housing and main- tenance code by the City Manager; 2) consideration of preliminary plans for the City Hall and Civic Center complex contained in Planning Commission Application No. 69064. Motion was made by Dorenfeld, seconded by Bogucki, to adjourn. The motion carried unanimously. Adjournment came at 11:00 P.M. )J Chai a 1 1 1