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HomeMy WebLinkAbout1970 02-05 PCM Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center County of Hennepin and State of Minnesota February 5, 1970 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 Karl Schuller, Robert Grosshans, and Paul Ditter were present. Also present were staff members J. Merila and R. L. Haarman. Motion was made by Grosshans, seconded by Ditter, to approve the minutes of the regular meeting of January 8, 1970, as amended and the minutes of the study meeting of January 29, 1970, as submitted. The motion carried unanimously. The first item of business to be considered was Application No. 70003 submitted by R. J. Travis requesting a variance from Section 15-104 of the City Subdivision Ordinance which would permit subdividing without platting property located at 5419 Girard Avenue North. Following an introduction by the Secretary who indicated the Platting Ordinance does not provide for minor subdivisions at this time, discussion of the application centered on how the lot division affected the adjacent property. The Secretary indicated that Lot 5 would be divided in such a manner that the North 10 feet of said Lot 5 will be combined with the 40 feet of Lot 4, creating a lot 50 feet wide, with the remaining 30 feet of Lot 5 being combined with the 40 feet of Lot 6 creating a new 70 foot lot. (Commissioner Charles Nichols arrived at 7:,40 P.M.) Following a brief discussion of the application by the Commission and the applicant, a motion was made by Grosshans, seconded by Schuller, to recommend to the City Council that Application No. 70003 requesting a variance from the Subdivision Ordinance, be approved. The motion carried unanimously. The next application to be considered was No. 69061 submitted by Ed 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 at 4800 - 71st Avenue North. The application had been introduced and a public hearing held by the Planning Commission on November 6, 1969, at which time the application was tabled and taken under advisement. The appli- cation was also reviewed with the applicant at the study meeting of the Planning Commission held January 29, 1970, with the matter deferred for final action to the regular February meeting. Discussion of the application among the Commissioners centered on the standards for granting a special use permit and the possibility of conditioning said permit by limiting the working hours of the proposed non-resident employee and restrict- ing the on-site lighting. Motion was made by Nichols, seconded by Schuller, to recommend to the City Council that Application No. 69061 request- ing a special Use Permit be approved with the following conditions: -2- 1. Working hours of the proposed non-resident employee will be limited to the hours of 8 A.M. through 10 P.M. seven days a week. 2. Outside driveway floodlights shall be turned off no later than 10 P.M. and inside lighting associated with the real estate office shall be turned off at 10 P.M. 3. The Special Use Permit shall be reviewed in one year. Voting for the motion were: Nichols, Schuller and Jensen; not voting was Grosshans; voting against was Ditter. The motion carried. (Commissioner Ditter felt that the freestanding illumindated identification sign should have been included in the 10 P.M. curfew.) The next item of business to be considered was Application No. 69066 submitted by Henry Stenquist requesting a Special Use Permit under "special home occupation" consideration for his residence at 7100 Willow Lane. The application had been intro- duced at a public hearing held by the Planning Commission on January 8 1970, at which time the matter was tabled and taken under advisement. The application was further considered at a study meeting of the Planning Commission on January 29, 1970 at which time the matter was deferred to the regular meeting in February with the Secretary directed to obtain a legal opinion from the City Attorney relative to the definitions of home occupation and home occupation, special. Chairman Jensen read letters in favor of and opposed to the Special Use Permit and directed the Commissioners to review the legal opinion received from the City Attorney. The Secretary was directed to read excerpts from the opinion for the benefit of the appli- cant and the audience. The opinion stated, among other things, that the ordinance does limit the number of home occupations and/or home occupations, special, to one (1) per dwelling and that group activities would require a Special Use Permit. (Commissioner Bogucki arrived at 8:05 P.M.) Following the reading of the City Attorney's opinion, Chairman Jensen entertained a brief discussion of the application with Mr. Stenquist. Motion was made by Schuller, seconded by Bogucki, to recommend to the City Council that Application No. £9066 request- ing a Special Use Permit be denied, because the ordinance limits the number of home occupations to one per dwelling. The motion carried unanimously. The next Application to be considered was No. 70004 sub- mitted by Thomas Construction Company requesting a variance from Section 15-104 of the City Subdivision Ordinance which would permit subdividing without platting property located at 824 and 816 - 69th Avenue North. Following its introduction by the Secretary who stated that the Platting Ordinance does not provide for minor subdivision at this time, discussion of the application centered on: 1) the possibility of creating a corner lot should Bryant Avenue be extended; and 2) the possibility that these parcels would be -3- included in an extension of the R4 zoning located to the east on property which the applicant is also the present owner and proposed developer. Motion was made by Bogucki, seconded by Ditter, to recommend to the City Council that Application No. 70004 requesting a variance from the Subdivision Ordinance, be approved, with the following condition: 1. Prior to the issuance of building permits on the subject property, the City Engineer shall recommend whether or not corner lot setbacks will apply. The motion carried unanimously. The next item of business to be considered was Application No. 70007 submitted by Northern States Power Company requesting site and building plan approval for an addition to the present substation located at 4911 France Avenue North. Following its introduction by the Secretary, 4 motion was made by Ditter, seconded by Nichols, to recommend to the City Council that Application No. 70007 requesting site and building plan approval, be approved, with the following conditions: 1. A bituminous driveway will be installed 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. In accordance with ordinance requirements of Section 4-501, Sewer Connections Required, Northern States Power Company will initiate immediate action and connect substation plumbing to the City sanitary sewer system. 4. The existing cesspool will be disconnected and filled with suitable material. Voting for the motion were: Ditter, Nichols, Bogucki, and Jensen. Voting against: none. Not voting: Schuller and Gross- hans. Motion carried. The next item of business to be considered was Planning Commission Application No. 70001 submitted by Arrow Developers, Inc. , requesting preliminary plat approval for a vacant land area, commonly described as lying south of Eckberg Drive extended and behind the rear property lines of properties on East Twin Lake Boulevard. Said property also bordering on the shore of Twin Lake. Following its introduction by the Secretary, who reviewed past events and developments related to the subject property, discussion of the application with Mr. Terrance Fruth, an attorney representing the applicant, related to development status of the land in question considering the current open space grant from the U. S . Department of Housing and Urban Development. Attorney Fruth suggested that if the application was to be tabled, the tabling action should reflect the City's interest in acquiring the parcel and not certain design deficiencies .requiring additional engineering studies. 1 1 1 -4- Following a brief discussion of the application by the Commissioners with the staff and the applicant, a motion was made by Nichols, seconded by Bogur_ki, to table Application No. 70001, taking it under advisement The motion carried unanimously. At this time, 9:20 P.M. , Chairman Jensen called for a recess. The meeting was called back to order at 9:30 P.M. The next item of business to be considered was Application No. 69021 submitted by Peterson-Seed requesting rezoning from R3 to R5 property generally located in the extreme Northwest corner of the City of Brooklyn Center. The rezoning request had been considered at a public hearing held by the Planning Commission on November 6, 1969, at the regular meeting held December 4, 1969, and at its study meeting held January 29, 1970. Chairman Jensen acknowledged a letter received from Evelyn Schmidt of Brook Park Realty, representing the applicant, requesting a deferral of action on the rezoning for a period up to 60 days. Motion was made by Nichols, seconded by Grosshans, to table the application up to a period of 60 days at the request of the applicant. The motion carried unanimously. The remainder of the meeting consisted of a discussion by the Commission of various planning items under their consideration, and included the appointment of Mr. Charles VanEeckhout, 5450 East Twin Lake Boulevard to the Southwest Neighborhood Committee. Motion was made by Schuller, seconded by Bogucki, to adjourn. Motion carried unanimously. Adjournment came at 9:50 P.M. j C rman