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HomeMy WebLinkAboutPC68032 - 7/18/68 - 6120 Xerxes AveL PLANNING COMMISSION FILE CHECKLIST File Purge Date: 1113 95 FILE INFORMATION Planning Commission Application Number: <c8o32. 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 Agendas: Planning Commission Office Minutes: Planning Commission -7/1g/68. 2//75 City Vault Minutes: City Council B/5/�8, Z/,%s City Vault Document Type Number Location Resolutions: Planning Commission City Vault Resolutions: City Council City Vault Ordinances: City Council City Vault CITY OF BROOKLYN CENTER Zoning Application Application No. 68032 Street Location of Property 6120 Xerxes Avenue North Legal Description of Property Lot 1, Block 11, Garden City 1st Addition. (Minnesota Presbytery) Owner: King's Academy Address 2017 Bryant Avenue South Telephone No. 377-1877 Applicant: same Address (by Laurel Zipf) Telephone No. Type of Request: Rezoning X Special Use Permit Variance Subdivision Approval Other Description of Request Special use permission to use the property as a private Christian day school. Reason for Request Fee $ 25.00 Receipt No. 25173 7 July 2, 1968 Date Dates of P.C. Consideration Dates of Council Consideration July 18, 1968 August 5, 1968 PLANNING COMMISSION RECOMMENDATION Approved Denied this �4 day of , subjecTto the following conditions Chairman i 44 COUNCIL ACTION Approved 4L--,Denied this ��8ay of 44,LL li5�, with the following amendment 61/ PLANNING C0101ISSION IIIFOF14ATION SHEET Application No. 68032 Applicant: King's Academy by Mr. Laurel. Zipf Location: 6120 Xerxes Ave. No. Request: Review of Existing Special Use Permit The Council authorized the permit for a Christian .day School on August 5, 1968. The applicant submitted a letter to the Council stating, in part, that the play,;.-ound area east of the building would be fenced in and the driveway onto Brooklyn Drive would be eliminated. This work has not been accomp.M.u31.ed. Last year, in response to a State Welfare Dept. inquiry, the inspectors found a number of cede deficiencies within the building, and the entire operation was subject to e-xtensive scrutiny. The code deficiencies have been rectified. Approval of a final state license however, is contingent upon reaffirmation of the special use permit. This pending status of the license is due, in part, to the determination that the facilities of the adjacent Assemblies of God Church were being used by King's Academy; there is no permit for this use (see subsequent consideration of Application No. 68057). The primary concern with this application is completion of the site work. Last year plans were approved for the adjacent Assemblies of God Church which comprehended upgrading of the parking lot; installation of curbing; and landscaping. The curbing and landscaping were critical on the north boundary, shared with King's Academy - vehicles were traveling across the properties, and were parking to the rear of both properties in unpaved areas. Assemblies of God has undertaken the work, completed -the curbing, and should be finishing; the landscaping this summer, It is recommended that: 1.. The unpaved area to the east and south of King's Academy be sodded and developed so to be compatible with the greenstrip of Assemblies of God. 2. All areas not used for driving and parking be sodded; and that the parking and driving area be delineated with curb. � 1 . Planning Con -mission Information Sheet Application No. 68032 �-' 3. The driveway onto Brooklyn Drive be eliminated and the bl.,levard area be sodded. 4. The unpaved area to the east be fenced in as a playground. Approval would be subject to the following conditions: 1. The existing paved parking lot shall. be delineated from the remainder of the site with curbing as approved by the City Engineer. 2. All unpaved areas which do not have viable turf shall be sodded, including the area between the property line and Brooklyn Drive, 3. Las,dscaping along the south property line shall. be compatible with the greenstrip treatment of the adjacent site. 4, The vehicle access onto Brooklyn Drive shall be eliminated in conj.:nction with the sodding, as approved by the City Engineer. S. The playground area to the east of the building shall be fenced in, utilizing chain link f..zbric; the location and height to be approved by the Planning and Inspection Dept. 3. A performance agreement and financial guarantee (in an amount to be determined by the City Manager) shall be submitted by April 1, 1,975 to assure completion of approved site improvements. s Application No i App1 icant a ;Df.sCriot.ian of Roquest Property g Owner of P17opertye YIN 'CKG MUM t 680 321 Spo,ci. l u:=G per77t'.i_:'sion tc iAri(? tbie property ao a privatf school 6120 Xerxes 7venae North (.Lot. 1, Block 11, Garden City sst Aodi.t ion) Trinity Presbyterian Church (King`, Aoademy purcha-s .n-j) 1) Ki!'ig'Ss Academy is de cr bed ;:�ij' a representc'itive of the operation Mr.. LF-urel Zipf, as being a non-comercial. educational institution operating now in minnnnpoliso Brooklyn Center, And Brooklyn mark,, The educational unit which would by established in this former church building (Trinity P.resbvteri�n Churrb) is presently renting space in the Brooklyn Methodist Churct at ?12W and Osseo Road and also operating in a home at: 52.nd and Great View Avenues„ A the situation has been described by the applicant to the Staff, the: educational/stay nur.,sery activities at these other two locations v-111 be c:urtai2.o upon the opening of the Xerxes Avenue location, Alt -hough long-term expansion is anticipated for the building at 52nd and Xerxes, the present intention is to utilize the present building and site as they no-w exist.. September 23, 1975 Mr. laurel Zi pf King's Academy 6120 Xerxes Avenue North Brooklyn Center, Minnesota 55430 Dear Mr. Zipf: This is regarding the status of your special use permit and the pending requirement for you to submit a site plan indicating the required improvements which you have deferred for several months, despite our numerous written and oral requests. You have deferred such a plan and improvements because, according to information last conveyed to us by your wife, you were contemplating the sale of King's Academy to the Assemblies of God Church. Nonetheless, you have continued operation of King's Academy under the auspices of the special use permit issued to you, and it is this special use permit which is pending review by the Planning Commission and City Council. Your wife last indicated to us that September loth was the date on which a determina- tion, whether the ownership and/or operation of King's Academy was to be transferred to the Assemblies of God Church was to be made. Apparently that decision was reached according to a phone call from her on September 11. This is to inform you that no later than October 1, 1975, the City must be notified, in writing, as to the current ownership and current operator of King's Academy. You are also notified that special use permits are not transferable and, if the ownership and operation has been transferred, the new owner operator must secure a new special permi t. If you are to be the continuing operator of the facility, under the auspices of your existing special use permit, then you are also hereby informed that the existing permit is subject to suspension and possible revocation if the required plan as described in our earlier communications is not submitted by October 1, 1975. At this point, you have not fulfilled the requirements of the original approval, and thus, we have little recourse but to recommend the revocation of your special use permit. Questions regarding this matter may be directed to this department. Sin erely, Blair T re Director of Planning and Inspection cc: Mrs. Sally Goldberg Department of Public Welfare cc: Rev. Amos Levang Assemblies of God Church cc: File 66032 July 24, 1975 Mr. Laurel Zipf Ki ng' s Academy 6120 Xerxes Avenue North Brooklyn Center, Minnesota 55430 Dear Mr. Zi pf : This is relative to your special use permit which, as you will recall, must be reaffirmed by the.Planning Commission and City Council in order for King's Academy Care facility to continue operation during the coning school year, commencing this fall. The review of your permit was deferred on February 6, 1975 by the Planning Commission to enable you to prepare a plan reflecting several required improve- ments which we outlined in our letter of March 7, 1975, and during a subsequent discussion on April 25, 1975, which we had in this office. You asked us at that April meting to defer the plan submittal for a couple of months, since you apparently were negotiating the sale of King's Academy premises and operation. To date we have heard neither from you nor from a prospective buyer -operator. It is expected that you will have an accurate site plan submitted to this office on or before August 7, 1975, which treats those areas of concern specified to you by the Planning Commission and in our letter of March 7, namely: 1. Delineation of the paved parking and driving areas with approved curbing. 2. Completion of sodding and landscaping of the nonpaved areas. 3. Fencing of those areas to be utilized for playground purposes. 4. Elimination of the unapproved driveway onto Brooklyn Drive. If you are still in a period of negotiation with a prospective buyer, a letter will be necessary stating that, and indicating in detail what the nature of your continued operation and responsibility for the premises. You should note that Mr. Laurel Zipf King's Academy special use permits are not transferable and that a new opner-operator would be required to apply for and receive a special use permit as well as the State license before commencing operation. Questions regarding this may be directed to this office. Sincerely, Blair Tremere Director of Planning and Inspection BT:II r cc: Mrs. Sally Goldberg Department of Public Welfare License Division Centennial Building 4th Floor St. Paul, Minnesota 55101 cc: File No. 68032 March 7, 1975 Mr. Laurel Zipf King's Academy 6120 Xerxes Avenue forth Brooklyn Center, Minnesota 55430 Dear Mr. Zipf: As you will recall, the Planning commission on February 6, 1975, re- viewed your special use permit, and further deliberation was deferred to enable you to prepare an accurate site plan reflecting the status of existing improvements. The Planning commission also directed that once you had prepared this information, we would confer with you as to the nature and extent of additional improvements to be :Wade on the site. Following the meeting, you indicated to me that you had a set of the original architectural blueprints for the building and site. We suggested that you prepare a scaled accurate line drawing based upon the architectural site plan and that we could then work with that in- formation more easily than with the older blueprint document. The specific concerns that the City has with respect to your site improvements includes 1. Delineation of the paved parking and driving areas with approved curbing. 2. Completion of sodding and landscaping of the nonpaved areas. 3. Fencing of those areas to be utilized for playground purposes. 4. Elimination of the unapproved driveway onto Brooklyn Drive. please contact this office when you have completed a working drawing of the site so that we may schedule a meeting to discuss the details. Preferably, such a meeting should be scheduled no later than March 21, Mr. Laurel Zipf King's Academy Page 2 so that the item could be placed on the Planning Commission study meeting agenda, tentatively set for March 27. Questions regarding this matter should be directed to this office. Thank you for your attention. Sincerely, Blair Tremere Director of Planning and Inspection Will ccs File 68032 October 30, 1974 Mrs. Laurel 2ipf King's Academy 6120 Xerxes Avenue North Brooklyn Center, Minnesota 55430 Dear Mrs. Zipf, This letter is regarding several matters relative to your special use permit and license for the child day care facility and school at the above address: 1. At your requost, 2 am enclosing a copy of a letter sub- mitted by your husband to the City on July 24, 1968, re- garding certain uncompleted improvements which were to be made as a condition of the special use permit for your facility, which was authorized by the City Council on August 5th of that year (Planning Couraission Application No. 68032). As S have discussed with you, it is appro- priate that such special use permits be periodically re- viewed as to conformance with applicable codes and ordinance requirements as well as with conditions of approval. in this regard, we will be scheduling a review of your special use permit before the Planning Commission at an upcoming meeting for which you will receive a written notice. 2. Regarding your letter received last week, and our prior discussions concerning your use of the Assemblies of God Church facilities for classroom purposes, this is to notify you that a special use permit will be necessary for the continued use of those facilities. we have received a letter fz+om pastor Levang indicating that his church Ins 7 Mrs. Laurel Zipf King s Academy Page 2 October 30, 1974 granted permission for the use of the facilities, and we will be notifying him that a special use permit is necessary. it would be appropriate for the Brookdals Assemblies of God to apply for said permit. By the same token, if the Assemblies of God Church is utilising your facilities for Sunday School purposes, that activity can be acknowledged in the review of your special use permit and would be so noted during the related Planning Commission and City Council action. 3. in the same letter, you indicate that the board of Ring's Academy wishes to appeal the Building Official's ruling, ordering that the use of the exit foyer as a classroom be ceased immediately. His order was contained in a letter to you dated October 9, 1974, and resulted from a general inspection of your premises requested by the State as a condition of your license. We have reviewed this matter with respect to the require- ments of the State Building Code regarding day care and Classroom facilities, and it is clear that you have not established a foundation for such appeal. We would suggest that you examine the architectural floor plan for the facility which reflects the actual current usage in light of they code provisions upon which the Building Official based his October 9 ruling. Section 3302(a) of the Uniform Building Code, which is adopted by the State Building Code, provides that every building or usable portion thereof shall have not less than two exits in any area serving fiver or more occupants, specifically in nurseries for children or day care facilities. Section 3317(d) of the same code speaks to exits from interior rooms through adjoining or intervening rooms provided the exit way is direct, obvious, and unobstructed. Such paths of exit travel shall not pass through kitchens, store rooms,: rest rooms, closets, laboratories using 'hazardous materials, industrial shops, or similar spaces. Specifically, foyers and lobbies constructed as required for exit corridors shall not be used for such exit ways. Mrs. Laurel Sipf King's Academy Page 3 October 30, 1974 in summation, it is our determination that the code re- quirement is quite clear, and that if it is your intent to question the interpretation of that requirements a factual foundation must be established primarily through submission of an architectural floor plan and,_written explanation as to the alleged nonapplictbility of these sections to your facilities. We would recommend that you consult with an architect or other person qualified in the interpretation and application of the building code. 4. As you are aware, the inspection by the Fire Marshall, Building Official, and City Sanitarian resulted in two letters, both dated October 9th, which set forth a number of requirements which must be met, including those dis- cussed above, it is expected that those requirements have been satisfied and this is to notify you that a reinspection will be made before approval of your facilities can be confirmed for purposes of both the municipal special use permit as well as the state license. 5. An examination of our records indicate that no building or related systems po=its have been issued for work at your address singe 1968. Such permits are required for any structural or systems alterations or additions to the originally approved building. it is imperative that compliance with the minimum code requirements be achieved as soon as possible since they directly involve the safety and welfare of your occupants. As to the status of your special use permit, you will be notified of an ensuing meeting when your application will be reviewed. Questions regarding these matters should be directed to this office. Sincerely, Blair Tremere Director of Planning and inspection act Mrs. Sally Goldberg Dept. of Public Welfare- License Division cc, File No. 68032 p 6030 Xeuxes Aoent NontF� �j BixookWn Centeu Minnesota SS430 TeLephone : S61 • S47S REV. AMOS LEVANG Pastor Ocl;ob^r 23, 1974 r. TO ;;�'Oi,l IT ?ifiY �CF,t�c1.�,;J: UE; hav,:: ;iv--n perniscion to Kingts Acadcmy to u ;s the facilities in our Educational unit for their Nursery `school group with a maximun of 20. Sincer-�ly yourst r Rev. Amos H. L-lvung, Pastor