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HomeMy WebLinkAboutPC83002 - 1/13/83 - 6900 Unity Ave,r--� '*%� PLANNING COMM[ISSION FILE CHECKLIST File Purge Date: 49�� 9s FILE INFORMATION Planning Commission Application No. PROPERTY INFORMATION Zoning: PLAN REFERENCE Note: If a plan was found in the file during the purge process, it was pulled for consolidation of all plans. Identified below are the types of plans, if any, that were consolidated. • Site Plans • Building Plans • Other: FILE REFERENCE Note: The following documents were purged when this project file became inactive. We have recorded the information necessary to retrieve the documents. Document Type Date Range Location Agenda Cover Sheet: Planning Commission Agenda Book Minutes: Planning Commission Minutes: City Council Resolutions: Planning Commission Resolutions: City Council Ordinances: City Council City Vault City Vault City Vault City Vault City Vault Historical Photographs: Planning Commission City Archieve F'L(t;�tf?Ivf� C0.:,1 SSJ0P, APPLICATION Application No 83002 Please Print Clearl or TYpe Street Location of Property 6900 Unity Avenue North, Brooklyn Center, MN Legal Description of Property__ Lot 1, Block 1, The Ponds Owner Uhde Construction Co. Gary Uhde Address_ 3825 85th Avenue No., Brooklyn Park, MN Phone No. 425-5550 Applicant Gary Uhde Address3825 85th Avenue North, Brooklyn Park, MN Phone No. Type of Request: Rezoning Subdivision Approval x Variance 425-5550 Site & Bldg. Plan Approval Special Use Permit Other: Description of Request: Request of variance from Section 34-140 Subdivision 2L2 to have sign for marketing purposes at new home project (Island Ponds) at corner of 69th and Unity Ave. No. 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- recessing of the application. Such costs shai1 be in addition to the applicatio fee d9scribed herein. Withdrawal of the applicatior shall not relieve the a 1 ica�it he f tDi,i io.,i t costs incurred p , a pP 1 / i iut �fl will #r%.ivu'. _ Fee $ 50.00 Receipt No. 61492 e Date: December 30, 1982 PLANNING COMMISSION RECOMMENDATION Dates of P.C. Consideration: ;�� � �Z.'7 �3 cant `s Signature Approved ')�, Denied this day of 4) 19, subject to the following conditions: CITY COUNCIL ACTION Dates of Council Consideration: Approved Denied this / day of � f- -z = f__ r -�, 19 9 ---, , with the following amendment: Cl eel P/I Form No. 18 (over Please) P `� � + AND t 1 2 DQIyb` C h N I 1 7" N "ir It l m Zile > %fp EAST w -kit / c` `�;` m 172 N D v Z 41 �taJ 1 QUAIL ,ice 1 4 GIRCLE 00-- 1 WILLOW I �-- LANE I L- f--T-1 SCHOOL 2 K'X-k V",'�'Xx wa WILLOW LANE PARK \' 882 3+3 4 MRS ■�uu�umi 66TH I ' AVE.` I jN. \ 'WINCHES ER i LANE Qa, � P NO` L►J w R2 R5 -130 U.S. POST y; OFFICE •r 68TH � 11 94 w ' 1 rt..6 5 T H i! . ! AV E. 71- _ .._1 L __ Planning Commission Information Sheet Application No. 83002 Applicant: Gary Uhde Location: 6900 Unity Avenue North Request: Sign Variance The applicant requests a variance from Section 34-140.2 1(2) to allow a two-year continuation of a real estate sign for the Island Ponds Townhouses past the two year limitation imposed by the ordinance. The sign is located on the northeast corner of 69th Avenue North and Unity Avenue North, adjacent to the new model homes for Plat 5 that have recently been built at 6900 Unity Avenue North. The lots in Plat 5, as the Commission may know, are located about three blocks up Unity Avenue North along 72nd Circle. Plat 5 was approved in 1979. However, no units have been built because of financial problems and a deteriorated market brought on by high interest rates. The sign has remained up since 1977 (about 4 years beyond its original deadline) basically as a result of an oversight by the staff. The applicant has submitted a letter (attached) in which he explains his position and argues that the standards for a sign variance (also attached) are met in the following manner: 1. A hardship is created because the lots in Plat 5 are all located in the interior of the project, well off any major thoroughfare. It will take considerably longer to market the townhouses if the sign is not up. 2. The situation is unique in that the applicant is not the original developer/builder, but a creditor who did not receive the lots voluntarily. There has been a three year delay in completion of the project, the continuation of which causes a hardship for existing Ponds' residents. 3. The granting of the variance will not be detrimental or injurious to the public since it will cut down unnecessary traffic by having the model and sign at the project entrance. (A letter from the president of the Ponds Homeowner's Association in favor of the variance is also attached). Staff agree with the applicant's arguments insofaras they lead to the conclusion that a sign at the entrance to the Island Ponds project is necessary and useful to the completion of the project which is in the public interest. The question that must be addressed, as it must with all variances, is whether necessary visual communication can be accomplished within the limitations of the ordinance. The ordinance presently allows for one permanent identification sign, 36 sq. ft. in area, not over 10 ft. above ground level or two identical freestanding signs located at opposite sides of the project entrance, each not greater than 18 sq. ft. in area and not more than 5' above ground level. Individual units for sale may have one real estate sign up to 10 sq. ft. in area. Whether this amount and type of signery is adequate to let people know that a number of new units in the complex are for sale is debatable. The permitted signery would allow for adequate identification of the project, but does not include centralized advertising of units for sale. 1-13-83 -1- Application No. 83002 continued We are forced to conclude that centralized advertising of units for sale does con- stitute "necessary visual communication" and that a hardship will result if there is no such signery allowed at the entrance to the project. The uniqueness of the applicant's situation and the overall public benefit are also conceded in the applicant's favor. Staff recommend that the Commission review the ordinance provision in question and consider whether an amendment is in order before granting the variance as requested. We feel there are more limited means of advertising the sale of townhouse units in conjunction with a permanent identification sign than are suggested by the variance application. The Commission may also wish to set a time limit more flexible than the two years requested, more related to the number of units remaining to be sold. A public hearing has been scheduled and notices have been sent. 1-13-83 -2- December 27, 1982 Ronald A. Warren Director of Planning & Inspection City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Dear Mr. Warren, RE: Variance from Section 34-140 Subdivision 2L2 The purpose of this letter is to request a variance from the sign ordinance for the purpose of marketing Plat 5 of Island Ponds. Specifically, I would like to use the existing sign located at the N.E. corner of 69th and Unity Avenue North. (See attached photo). The Building Inspector, Mr. Dahn, informs me that without a variance the sign will have to be removed because the existing permit has expired. By way of background, Island Ponds is a development of 206 lots located at 69th and Unity Avenue North. From 1977 to 1979 124 homes were sold at which time sale ceased due to: 1. Liens for non-payment of subcontractors 2. Deteriorating market conditions Being the largest creditor, I ended up with the bulk of the unsold lots. At this time market conditions have improved to the point that I have started a model and am ready to begin marketing. I believe a variance to the sign ordinance to allow a project sign at 69th and Unity Ave. No. is in order because: 1. A particular hardship is created because Plat 5 lots are all located in the interior of the project, well off any main thoroughfare. The lot where my model is being constructed is at the corner of 69th and Unity and was purposely held for an additional model and sign purposes at a location where traffic is highest. Without the sign on 69th, marketing will take considerably longer, thereby creating an unnecess- ary hardship on existing Island Ponds residents and myself. 2. The conidtions surrounding the request are unique to this project in that I am not the original developer/builder, and did not voluntarily take the lots. In addition, the existing residents of Island Ponds have been subjected to their project being shut down for 3 years, and any further delay in the sellout of the remaining lots will cause them an unjust hardship. December 27, 1982 Ronald A. Warren Director of Planning & Inspection City of Brooklyn Center Page 2 3. The granting of this variance will not be detrimental or injurious to the public. In fact, unnecessary traffic on residential streets will be cut down by having the model and sign at the project entrance. For your review, I have enclosed a plat indicating the sign location, the variance application and a letter from the existing Island Ponds Association president. Sincerely, UHDE CONSTRUCTION C Gary Uhde