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HomeMy WebLinkAboutPC66075 - 12-1-66 - 6550 Lyndale AveVILLAGE OF BROOKLYN CENTER Zoning Application 66075 Street Location of Property_ 6550 L_y,ndale Avenue North Legal Description of Property Parts of Lots 4, 5, 6, and 7, Olson's Island View Terrace Addition Owner: Name Phillips 66 Address 215 South 11th Street Applicant: Name Hjalmer Troan Address 6550 Lyndale Ave. No. Phone 561-9848 Type of Request: Rezoning X Special Use Permit Variance Subdivision approval Other Description of Request Put in a modern upright dairy cabinet inside building to store dairy products for sale to public. Reason for Request For convenience of people living in the area. (Appli nt) r / FEE: $ (5ey (21177) b .� (Date) Following to be filled in by Village Recommendations of Village Officials Chronology Date By Rec'd, Published On P1. Comm. Agenda Pl. Comm, Action On Council Agenda Cgi!ncil Postponement Council Action Any official making any comments should Bldg. Dept. Notified sign and date. Use additional sheet Applicant Notified comments if necessary attach hereto. P1. Comm. Postponement Please draw or attach sketch of proposed structure showing the following: 1. Indicate North 6. Dimensions of proposed structure 2. Location on lots 7. Proposed set -backs 3. Adjacent street names 8. State zoning in force in area 4. Location set -backs and use of adjacent existing buildings 5. Distances between any proposed structures and structures on adjacent property. (To Be Filled in By Planning Commission) PLANNING COMMISSION RECOMMENDATIONS On the _I day of 19,46i action requested in the foregoing petition was approved ( ) disapproved (A subject to ^ following conditions. Chairman COUNCIL RECOtti:"i 1ENOATIONS Approved Denied by the Council this . day of Approved with following amendment Clerk: 19 i%� PLAaN:iNG COMaSSION IIvFORtiATION SIMEET Application No, Applicant: Description of Request: Property: Owner of Property: BACKGROUND: 14ONE POINTS TO BE CONSIDERED: 66076 Rjalmer O. Troan Special Use permission to allow the sale of dairy products on the premises of the service station at 6550 Lyndale Avenue North in accordance with Section 35-413. 6550 Lyndale Avenue North (parts of Lots 4, 5, 6 and 7, Block 1, Olson's Island View Terrace Addition) Phillips Petroleum Company 1) Section 35-413 states the following: "The following activities are prohibited: ce Sale or vending of items other than automotive fuels, lubricants or automobile parts and accessories (except the vending of soft drinks, candy cigarettes, and other incidental items within the principal building for convenience of customers). The renting of trailers or other equipment, and other uses unless they are specifically approved by a special use permit," From the above quotation, it is apparent that the Council can allow such items to be sold by special use permission. 2) The proposed sales, storage, and display of the dairy products in question in this application are to take place within the service station building itself, within a display case to be approved by the Village Sanitarian and upon proper licensing by him, 3) The station property has space for approximately 14 vehicles. it is a two bay station, and assuming 3 employees, a minimum of 11 spaces would lie required for the station by our present zoning ordinance, exclusive of any additional parking for miscellaneous uses.. t -2- STAFF COMENTS: 1) It is becoming more and more obvious that oil companies are entering into a new phase of marketing; in addition to selling fuels and lubricants, other byproducts of oil refining began to be sold on station premises, and now items unrelated to the oil industry are considered fair- game for merchandising at service station locations (witness bicycles, lawn furniture, hardware, etc., at certain retail service stations). It is logical that this should happen, as the station operator has already drawn the prospective customer from the traffic flow, and has the opportunity to interest him in other items From which a profit can be drawn. In this specific application, the applicant proposes to merchandise food items which are ordinarily regarded as staples, not general merchandise. Referring once again to the provision regarding special uses for unrelated items at a service station, how do cigarettes, soda pop, candy, and other "incidental items" differ from the sale of milk, eggs, cheeses, bread, etc,, if our Sanitarian will approve the sanitary conditions of storing these items? One of the ways in which the sale of miscellaneous items on a service station property might differ from cigarettes and soda pop sales is the effect such sales might have on the traffic using the station and that on the adjacent roadways. -During discussion of the Superamerica Station application, one of the primary concerns of having a service station serve also as a retail outlet was the problem of traffic congestion and the provision of sufficient parking space on -site in an amount equivalent to that required of other retail uses, Several months ago, the question of limitation of commercial activity at service stations arose in connection_ with discussion of the proposed zoning ordinance. The result of this discussion was the inclusion in the Planning Commission's recommended ordinance (Sec. 35-704) of the following provision for parking at service stations: "...In addition, there shall be provided one space for each rental trailer and one space for each two vending machines permitted pursuant to the provisions of Chapter 35-1000 of these Ordinances, and in accordance with the requirements of Section 35-41.5." As I understand the present thinking regarding retail sales not related to automotive equipment, it would be by machine, not open shelving; a further quotation from the proposed zoning ordinance (Sec. 35-415) explains this concept: "The sale of merchandise from a vending machine or machines used in conjunction with gasoline service stations shall be permitted, provided that there shall be one additional customer parking space for every two vending machines, provided further that the vending machines as located on the property do not encroach upon the required setbacks of the zoning district. However, the parking requirements shall not be increased for any service station maintaining only one soft drink cooler, One candy dispenser, and one cigarette machine," Applying the requirements of the proposed zoning ordinance,to this application, then, the requested use would not comply, for although the items to be sold are prepackaged, the manner in which they would be dispensed (the attendant or the customer would open the door to the dairy case and withdraw the item) does not fit out description of "vending machine". If then, it is desired that retail sales or non -automotive items are to be allowed (and I assume this is the case given Section 35-415), should the method of dispensing be expanded to a11o.q Other than coin operated machines? MEMO TO: Planning Commission and Village Council FROM: C. Bo Schneider, Village Sanitarian DATE: November 3, 1966 SUBJECT: Sale of food at service stations The writer has been asked to express an opinion concerning the public health hazard involved in the sale of food at service stations. For the purposes of this discussion, the word food shall mean any rater, cooked, or processed substance, beverage, or ingredient used or intended for use in Eahole or in part for human consumption. The term "food" shall further include but not be limited. to ace and ,rater. This is the definition used in our food establishment and vending machine ordinance. The sale of food in service stations could be classed into three general. categories: 1) the vending of bottled soft drinks, hot drinks, guru, and candies from vending machines; 2) the sale of milk and milk products, prepackaged meats, bread, and snack itens from conventional display cases; and 3) the sale of all types of food found in the usual retail grocery or dairy store. This latter category would in effect turn the service station into a ret-ail grocery, `-' At the present time only operations of the first category are in existance in Brooklyn Center. We have, as you knozr, had an app?ication for the second category of operation. To my knavxledge, this third type of Operation described exists only in rural areas, The usual service station has a bottled soft drink vending machine and a candy, bar machine. Hawever, the cup --vended hot drink vending machine is becoming* more and more popular. This type of machine usually vends coffee, hot chocolate and perhaps soup. The bottled soft drink machine requires little attention other than general housekeeping and the degree of this type of maintenance is usually directly related to the general housekeeping of the entire service station. The cup -vended hot drink machine is, in practically all. cases, serviced by someone other than the service station operator,. This person is usually a route man for the owner of the machine. The frequency of these service calls depend on the volume of business done by the machine. It has been my experience that the majority of the owners of these machines do a good job in maintaining the cleanliness of the machine both exteriorally and internally. This vending machine type of operation has a definite place in the society of today. A minority of the operators of these machines do require supervision by a governmental \,, agency to insure the Vholesomeness of the product vended -2 T'ne second category of food sales in service stations involving milk, milk products, packaged meats, bread, etc., pre- sents more significant public health problems. The safety of this type of operation depends upon the type of equipment provided, the location of this equipment, the general housekeeping and cleanliness of the service station and the integrity of the operator. Hoy*ever, the packaging does nzit provide an absolute barrier between sources of contamination and the food product.. If a service station is allmTed to fall into a Filthy condition, it can, of course, become an area frequented by rats, mice, and other vermin. These animal pests can, of co!zrse, contaminate packaged food products. on the other hand, if a station is properly main- tained and adequate equipment and facilities are provided for the display and storage of food products and the operation meets the requirements of our food establishment ordinance, there is no reason to believe that the public health hazards involved would be any greater than those encountered at a normal retail grocery store. However, I belie:7e another important fact to consider is that the main business of the service station is the sale of petroleum products and service to motor vehicles. The sale of food products is a sideline and may not be given the attention required. in my opinion, this is one of the most important factors differentiating a normal retail grocery and the food operation at a service static:. In summary, the public health hazard involved in the sale of food alt service stations is a direct runction of the ability and willingness of the operator of the station to give the proper attention to maintenance, housekeeping, and adequate protection of the food products offered for sale. It would be my recommendation that the Planning Commission and the Council require the proponent of any such operation to submit a written description of the operation of the business which would include specifications on the types of refrigeration equipment to be provided, the location of such equipment in relation to the normal service station functions, the sources from which readily perishable food products are to be obtained, a statement of whom is responsible for maintenance and cleaning of the equipinen and the area in which food is displayed or stored, and the adequacy of water supple, toilet facilities, and sewage disposal facilities. This information should be carefully revievied and considered by the Building Inspector, the Sanitarian, the Planning Commission and the Village Council and any decision as to the acceptability of the as L abli.shment should be made by; these parties.