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Home My WebLink AboutPC89024 - 10/26/89 - 1950 57th AveCITY OF B�OOKLYN CENTER PLANNING COMMISSION APPLICATION Street Location of Property Please Print Clearly or Type 1950 57th Avenue North Application No. 89024 Legal Description of Property Lot 3, Block 2, Northbrook Center Addition Owner Northbrook Partners Address 4301 Highway 7 - St. Louis Park 55426 Phone No. Applicant- Timothy C. Johnson Address 4219 Winnetka Avenue North Phone No. 535-9511/476-6576 Type of Request: Rezoning Subdivision Approval Variance Site & Bldg. Plan Approval X Special Use Permit Other: Description of Request: Special use permit for Subway Sandwich Shop. The applicant requests processing of this application and agrees to pay to the City of Brooklyn Center, within fifteen (15) days after mailing or delivery of the billing state- ment, the actual costs incurred by the City for Engineering, Planning and Legal expenses reasonably and necessarily required by the City for the processing of the application. Such costs shall be in addition to the application fee described herein. Withdrawal of the application shall not relieve the applicant of the obligation to pay costs incurred prior to withdrawal. Fee $50.00 Applicants Signature Receipt No. 81677 Date: ✓0%i2$ j PLANNING COMMISSION RECOMMENDATION Dates of P.C. Consideration: /e;24 -9-9� Approved X Denied this _G4�day of 19 Yy subject to the following conditions: - CITY COUNCIL ACTION Dates of Council Consideration: Approved Denied this /13-c4day of amendment: airman 19 99 , with the following Clerk P/I Form No. 18 (over please) CITY OF 90OKL N CENTER PLANNING COMMISSION APPLICATION Application No. Please Print Clearly or Type Street Location of Property S7 rH 4v. / -DAr-M 13 f-06 - cC-W rc- �_ Legal Description of Property Owner Address Phone No. Appl i cant__- i m o-rFs y Q_' • _7_0N/%soAJ•-- Address 1-/z1q 14J 1NACr-A A- #V, ,�% Phone No. Type of Request: Rezoning Subdivision Approval Variance Site & Bldg. Plan Approval 3 Special Use Permit Other: Description of Request: C?oP,=-F,ar e �'e�r� r��e. " S�.cl3w� Y S,4rJrJc✓�ccfrs "I SAf4Q5 N The applicant requests processing of this application and agrees to pay to the City of Brooklyn Center, within fifteen (15) days after mailing or delivery of the billing state- ment, the actual costs incurred by the City for Engineering, Planning and Legal expenses reasonably and necessarily required by the City for the processing of the application. Such costs shall be in addition to the application fee described herein. Withdrawal of the application shall not relieve the applicant of the obligation to pay costs incurred prior to withdrawal. Fee $ Receipt No. Dates of P.C. Consideration: Approved Denied following conditions: Date: /cv-- IZ— ?,-I PLANNING COMMISSION RECOMMENDATION this day of Dates of Council Consideration: Approved Denied this amendment: CITY COUNCIL ACTION day of cants �,i gna 19 , subject to the Chairman 19 , with the following P/I Form No. 18 (over please) Clerk Planning Commission Information Sheet Application No. 89024 Applicant: Timothy Johnson/Subway Sandwiches Location: 1950 57th Avenue North Request: Special Use Permit The applicant requests special use permit approval to operate a convenience food restaurant in the southerly building of the Northbrook Shopping Center at 1950 57th Avenue North. The property in question is zoned C2 and is bounded on the north by a parcel within Northbrook Center which is dedicated to use by NSP for overhead lines and surface parking, on the east by Logan Avenue North and Acme Typewriter, on the south by the old Bosa Donuts parcel ( now part of Northbrook and used for parking) , Bill West's 76 station and 57th Avenue North, and on the west by an entrance ramp serving Highway 100. Convenience food restaurants are defined in Section 35-900, are allowed in the C2 zone by special use permit, but cannot abut Rl, R2, or R3 zoned property, either at a property line on a street line. The single-family houses on the east side of Logan, across from the parcel in question are zoned R4 and are nonconforming uses. There are also townhouses, zoned R3, across from the northerly building of the shopping center. However, that building is located on a separate parcel. The parcel that the southerly building is located on does not abut the townhouses and, therefore, technically, this use does not abut Rl, R2, or R3 zoned property, either at a property line or across a street. The applicant has submitted a preliminary tenant improvement plan for the space which is at the southwest corner of the building. The tenant space is approximately 1,330 sq. ft. The plan proposes seating for 36 people. The south building is approximately 12,500 sq. ft. in area. Under Section 35-704.2c of the Zoning Ordinance, a retail center may have up to 15% of the floor area of the building devoted to restaurant use without providing additional parking beyond what is required by the retail formula. In this case, 15% of the building is approximately 1,875 sq. ft. There is another food establishment in the building, but, because it has no seating (it is a Chinese food carry -out place), it is not classified as a restaurant. Therefore, it does not count toward the 15% allowance for restaurants. Since the proposed space of 1,330 sq. ft. is less than 15% of the south building, it requires no additional parking based on the restaurant formula. The proposed establishment is primarily a carry -out establishment, but they do expect have some eat -in patrons around lunch and dinnertime. There will be no drive -up window. The hours of operation are likely to be 11:00 a.m. until 2:00 a.m. every day of the week. The proposed establishment is classified as a convenience food restaurant because it has the following ordinance described characteristics (from Section 35-900): 111. Foods, frozen desserts, or beverages are usually served in edible containers or in paper, plastic, or other disposable containers. 2. The customer is not served food at his/her table by an employee, but receives it at a counter/window, or similar facility for carrying to another location on or off the premises for consumption." 10-26-89 -1- Application No. 89024 continued Clearly, both these characteristics apply in this case and they define a convenience food restaurant. We have not classified carry -out establishments which have no seating as convenience food restaurants (since they are not restaurants without seating), but as the retail sale of prepared food. As far as determining whether a convenience food restaurant abuts Rl , R2, or R3 zoned property, the only indicator we have ever used is the boundaries of the parcels, not the location of the building on the parcel. In this case, the Northbrook Shopping Center is composed of multiple parcels and the parcel in question happens not to abut Rl, R2, or R3 property. However, it is also important to note that the Zoning Ordinance requires that developments which have a single use and a single ownership be combined into a single parcel through platting or registered land survey. That should be done in this case and the owner has indicated an intention too do so. However, if that were accomplished in this case, the proposed convenience food restaurant would either not be allowed or, if existing, would become a nonconforming use. The Commission may wish to consider an ordinance amendment which would make a distinction between an establishment such as the one proposed which has limited seating, no drive -up window, and is primarily carry -out, and the more traditional convenience food restuarant such as McDonald's and Burger King, which have more seating, more eat -in customers, and often a drive -up window. Smaller, primarily carry -out establishments could perhaps be classified as a permitted or special use without an abutment restriction. We have had contacts with Mr. Fiterman regarding a couple of possible carry -out establishments with seating in the proposed shopping center at 66th and Camden Avenues North which is across the street from R3 zoned land. We, therefore, have expected this issue to arise. If possible, we will have a draft ordinance available for discussion at Thursday's meeting. Nevertheless, the application before the Commission can be acted on without an ordinance amendment. We would recommend approval, subject to at least the following 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. The kitchen plans and the kitchen equipment schedule are subject to review and approval by the City Sanitarian prior to the issuance of permits. 3. The special use permit is subject to all applicable codes, ordinances, and regulations, and any violation thereof shall be grounds for revocation. 4. The special use permit is proposed by the applicant. expanded in any way without special use permit. 10-26-89 granted only for the specific use The use may not be altered or first securing an amendment to this -2-