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HomeMy WebLinkAbout1985 12-17 PCP Planning Commission Information Sheet Application No. 85038 Applicant: Robert E. Schell Location: 412 66th Avenue North Request: Site and Building Plan The applicant requests site and building plan approval to construct an approximate 20' x 26' addition to the north end of the dental clinic at 412 66th Avenue North. The property in question is zoned C2 and is bounded on the east by newly established Highway 252 right-of-way (formerly the location of Ralph' s Sinclair station) ; on the south by 66th Avenue North (to be widened) ; and on the west and north by vacant C2 zoned land. Dental clinics are classified as a permitted use in the C2 zoning district. The proposed addition would be to the rear (north side) of the building. Access would continue to be off 66th Avenue North (no access off Highway 252) . No addi- tional parking is proposed, inasmuchas there are currently 23 parking spaces on the site and only 19 are required for the building with the addition at a rate of one space per 150 sq. ft. of gross floor area (the proposal calls for 2,761 sq. ft. of building area, total ) . The plans call for some additional landscaping in the area just west and north of the proposed addition. New plantings would include: one Manay Juniper, 10 Alpine Currents, one Norway Maple, two Isanti Dogwoods, and four Red Vanicek Weigela. No changes are proposed in paved areas of the site. Exterior treatment of the addi- tion would be cedar siding to match the existing building. The biggest change to the site actually comes from outside it: namely the acquisition of land for highway right-of-way to the east and south. The east property line of the clinic site has become the westerly right-of-way line of State Highway 252. The required setback from such a major thoroughfare is 50' . The existing setback is 10' and the proposed addition would continue along that setback line. The entire clinic structure has become nonconforming as to setback because of the right- of-way taking and the proposed addition would expand that nonconforming situation. The applicant has, accordingly, applied for a variance from the Zoning Ordinance to allow this expansion. (See Application No. 85039. ) Since staff recommended denial of that variance application, we cannot recommend approval of the site and building plan application at this time. Earl Howe of MNDOT has sent the City a letter informing us that some excess right-of-way will be available for reconveyance after construction of the highway. The addition, therefore, may ultimately become conforming. However, Mr. Howe has stated that the precise amount of land to become available is not known at this time. Until a definite commitment is made on the land to be made available, staff believe it would be very unwise to act favorably on the proposed expansion. We would recommend discussion with the applicant on the possibility of an agreed upon, indefinite tabling until a commitment is made by MNDOT on available excess right-of-way. 12-17-85 Planning Commission Information Sheet Application No. 85039 Applicant: Robert E. Schell Location: 412 66th Avenue North Request: Variance The applicant requests approval of a variance from Section 35-400 and indirectly from Section 35-111 of the Zoning Ordinance in order to add onto the dental clinic at 412 66th Avenue North. The property in question is zoned C2 and is the subject of Application No. 85038. The existing building now lies entirely within the set- back area off the newly established westerly right-of-way lines of State Highway 252. The proposed addition to the north side of the building would also lie with- in this setback area. The north right-of-way line of 66th Avenue North will also be shifted northward approximately 20' making the front yard setback substandard. The new addition would, therefore, be nonconforming as to setback and would con- stitute an expansion of a building that is entirely nonconforming as to setback. The applicant has submitted a letter in which he explains the need for the addition to the building and the circumstances surrounding the taking of his and adjacent land for highway purposes. Mr. Schell states that 66th Avenue North will be "eight feet nearer the front (south) entrance to the clinic. " The new highway, he states will be no nearer to the side of the clinic than the gas station formerly was. He states there will still be a "thicket of woods" and "a wide green space" to the east before one reaches the highway. He states that this represents excess land for right-of-way purchased by the State. Mr. Schell also notes that the land to the north and (west) is vacant, largely wooded, and zoned commercial . He notes that the nearest residence is more than a block away and there is a Superamerica and a Pet Hospital south of 66th Avenue North. He states that no surrounding properties would be adversely affected by the proposed addition. . Mr. Schell concludes his letter by pointing out that the nonconforming setback results through no fault of his own and contending that the right-of-way alignment and setback requirement create a unique problem for the clinic. He thus concludes his case that the Standards for a Variance are met. The Standards for a Variance are set forth in Section 35-240 (attached for review) . With respect to the setback -requi-rements of Section 35-400,i t may be that the ordi- nance standards are met. The applicant does appear to suffer a hardship in that an expansion that would otherwise be allowed Within the site is prohibited in this case because of changing relative location. The entire existing building is made nonconforming by the moving of the highway right-of-way line which now places the entire building within required setback area. The circumstances are fairly unique. Roadway widening or realignment does not affect many parcels in the C2 zoning district. The hardship certainly has not been created by the applicant, but by the highway taking. Adverse impact on other property or improvements in the neigh- borhood may be difficult to judge at this time. The building addition itself would seem to cause no harm to anyone on adjacent property. The issue raised by the City' s ordinance requirements is whether a building set back 10' from the right-of- way line of a major highway is safe and healthy for those who frequent the building itself and the general public who travel that intersection. Our judgment is that the situation for the clinic is made bad by the highway taking to the east and south and that the proposed addition will only compound the damages to the general public welfare. 12-17-85 _1_ i Application No. 85039 continued The real basis on which this application must be judged is the provisions of Section 35-111 (attached) pertaining to the legal status of nonconforming uses. The clinic is considered a nonconforming structure because it doesnot conform to ordinance setback requirements and it is subject to the limitations imposed on nonconforming uses in Section 35-111. The clinic is a nonconforming use of land in that it is a building located where only parking and greenstrip are allowed by ordinance. Under Section 35-111 , nonconforming uses of land may not "be enlarged or increased or occupy a greater area of land than that occupied by such use at the time of the adoption of this ordinance" He. at the time the use becomes legally nonconforming, in this case when the highway department acquired the former service station to the east for right-of-way purposes) . In the past, buildings with relatively minor setback deficiencies have been allowed to expand, provided the new expansion meets current setback requirements. In this case, the entire existing building is located within the required setback and no conforming expansion of the clinic structure is physically possible. It is, therefore, staff' s recommendation that the requested variance application be denied and the applicant referred back to the MNDOT for compensation for the full damages caused by the highway taking, including the damage of becoming a nonconforming use of land. 12-17-85 -2- Planning Commission Information Sheet Application No. 85040 Applicant: Brian Zubert Location: Freeway Boulevard east of Earle Brown Bowl Request: Site and Building Plan/Special Use Permit The applicant requests site and building plan and special use permit approval to con- struct a seven storey, 152 room hotel east of Earle Brown Bowl on the south side of Freeway Boulevard. The property in question is zoned I-1 and is bounded on the north by Freeway Boulevard; on the east by a vacant parcel planned as an access road; on the south by vacant land planned as the Lombard office park; and on the west by Earle Brown Bowl . Hotels are allowed by special use permit in the I-1 zoning district. The proposed hotel would have access off a private road to the east serving both the hotel site and an office park development to the south. Two accesses off this road are shown, one near the front of the hotel on the north side of the site and one at the southeast corner of the site. A preliminary site plan shows 170 parking stalls. The parking requirement for the hotel is one stall per unit (152) plus one per em- ployee (15) for a total of 167 spaces. Staff recommended that the three extra stalls be eliminated to make larger stalls for recreational vehicles, etc. No parking spaces have been provided for semi-trailers. Three handicapped parking spaces have been shown on the east side of parking lot. Staff recommend that four (at one per 50 spaces or fraction thereof) handicapped stalls be provided adjacent to the build- ing as close to the west entrance as possible. The landscape plan shows shade and coniferous trees around the perimeter of the site, shade trees in the parking lot islands and a mixture of trees and shrubs in the green areas around the building. No landscape schedule has yet been provided. It is pre- sumed that some coordination will be needed between the applicant and Lombard Properties on the landscaping of the private road greenstrip. The grading, drainage, and utility plan shows that the site will drain primarily toward two catch basins along the east side of the site, one located at the southeast corner and one at the main (north) entrance to the site. Staff recommend that some modification be made in the proposed grades to keep drainage from collecting at a major traffic point on the site. Water and sewer connections will both be made directly to City utilities in Freeway Blvd. :The City Engineer has requested and received information on estimated sewer flow from the site to determine peak hour input into the City' s sanitary sewer system which has a constriction in 65th Avenue North between Humboldt Avenue North and Dupont Avenue North. The City Engineer is making his comments in a separate memo, but i-s reasonably satisfied that peak sewer flow from the hotel and office developments will fit within the City' s prescribed maximum (185 gals./min. during peak hour) because the peaks complement each other over the time of day. The proposed building is to have a brick exterior with a mansard roof. The hotel is proposed as an all -suite hotel with six different types of suites. Eight handicapped units will be provided, all on the first floor. Stairway exiting will be provided on the north and south end of the building and elevators off the lobby area. A hot tub room, sauna and solarium will also be provided on the first floor. A trash enclosure is indicated near the southeast corner of the building. Regarding the special use permit standards from Section 35-220 of the Zoning Ordi- nance (attached) , staff see no concern regarding standards (a) and (b) . The hotel ' s effect on the normal and orderly development of surrounding land is primarily guaged by its impact on available sewer capacity serving this area. On the basis of the 12-17-85 -1- Application No. 85040 continued sewer calculations submitted and the analysis of the City Engineer, staff feel that this standard can also be said to be met. Traffic impact of the proposed development does not significantly affect the peak hour traffic period (4-6 p.m. ) for Freeway Boulevard, Shingle Creek Parkway and Humboldt Avenue North. The special use stan- dards pertaining to commercial uses in the I-1 zoning district in Section 35-330 would seem to be met, especially in lieu of the two other hotels and the bowling alley and restaurant approved on I-1 parcels south of Freeway Boulevard. There may also be a concern as to the cummulative effect of all these commercial uses in the I-1 district. Certainly this is a factor, as the need for a sewer flow/capacity analysis shows. But, it seems appropriate to round out the area south of Freeway Boulevard with non-industrial uses since the character of that area is already established as commercial in nature. In lieu of the foregoing, approval is recommended, subject to at least the follow- ing conditions: 1 . Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The private access road for this site and the office park to the south shall be constructed in accordance with plans approved under Appli- cation No. 85029 and signed for no parking/fire lane prior to issuance of a certificate of occupancy for the hotel . 10. Building plans and operation of the hotel are subject to approval by the City Sanitarian with respect to the whirpools, hot tub, sauna and lodging license. 12-17-85 -2- Application No. 85040 continued 11 . The special use permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 12. The plans shall be modified prior to issuance of permits to indicate: a. Relocation of handicapped parking stalls (4 in number) to the parking area west of the building as close as possible to the west entrance to the building. b. Modification of the grading and drainage plan to indicate collection of drainage in areas other than access drives to the site. 12-17-85 -3- Planning Commission Information Sheet Application No. 85041 Applicant: City of Brooklyn Center HRA Location: Northeasterly of Summit Drive and Earle Brown Drive Request: Preliminary R.L.S. The Brooklyn Center Housing and Redevelopment Authority seeks approval of a prelimi- nary Registered Land Survey which subdivides for conveyance purposes the land at the northeast corner of Earle Brown Drive and Summit Drive. The land includes two parcels presently owned by Ryan Construction Company along the east and south sides of Earle Brown Drive. It also includes the Earle Brown Farm site and the site of the old bank/office building, both presently owned by the City. The land in question is zoned I-1 and is bounded on the west, north, and east by Earle Brown Drive, on the southwest by Summit Drive, and on the southeast by vacant, I-1 zoned land owned by Texas Air Corporation. The proposed R.L.S. contains nine tracts, A through I . Tracts A and B are essent- ially the existing Ryan property divided into south and north parcels for phased development in the future. Tracts G and H are the westerly portion of the City's Earle Brown Farm property to be conveyed to Ryan Construction for office development. Tract F is the historic farmi site. Tract I , south of the farm, will be joined with the Texas Air property in the future for high-rise housing development. Tracts C, D and E at the north end of the R.L.S. will have parking spaces constructed over them and will be conveyed in the future subject to fulfillment of aspects of the de- velopment contract between the City and Ryan Construction. The areas of the proposed tracts are listed below: Area Tract A 1 .94 acres Tract B 3.58 acres Tract C .24 acres Tract D .26 acres Tract E .37 acres Tract F 6.78 acres Tract G 2.01 acres Tract H 3.86 acres Tract I 1 .84 acres Total 20.9 acres Two tracts, C and G are landlocked. Tract I has only 24.64' of frontage on Summit Drive, which is substandard in the I-1 district. These deficiencies will disappear when all of the conveyances are complete and tracts are recombined to form new parcels for development. The proposed R.L.S. is generally in order and approval is recommended subject to at least the following conditions: 12-17-85 _1_ Application No. 85041 continued 1 . The final R.L.S. is subject to review and approval by the City Engineer. 2. The final R.L.S. is subject to the provisions of Chapter 15. 3. Approval of the proposed R.L.S. is for reconveyance purposes only. No permits for new construction may be issued without a replatting of landlocked parcels with other parcels or an amendment of the development contract between the City and Ryan Construction Company.