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Home My WebLink AboutPC96010 - 7/25/96 - 6901 Brooklyn BlvdCity of Brooklyn Center Planning Commission Application Please Print Clearly or Tvr)e Application No. V Street Location of Property 6901 Brooklyn Blvd. Brooklyn Center, Mn. Legal Description of Property Owner Phillips 66 Company Phone No.913-345-8552 Address 6900 College Blvd. 840-A Overland Park, Ks.66211* Applicant C.M. Group, Inc. Phone No. 537-6835 Address 5637 Brooklyn Blvd. #101 Brooklyn Center, Mn. 55429 Type of Request: 11 Rezoning ® Variance 11 Subdivision Approval 11 Other: Description of Request: Variance to landscape area Special Use Permit Site & Building Plan Approval 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 statement, 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 co is incurred prior to withdrawal. ppl cant's Signature Fee $ 100.00 Receipt No. Date : 6/24/96 PLANNING COMMISSION RECOMMENDATION Dates of P. C. Consideration: /$%�, Approved V' Denied following conditions: this day of Yc e 19 , subject to the Chairman CITY COUNCIL ACTION Dates of Council Consideration: Approved Denied this day of -c (' z ; -i' 19, with the following amendment: z %ACKA August 23, 1996 Mr. Carl McKee C M Group, Inc 5637 Brooklyn Blvd, Suite 101 Brooklyn Center MN 55429 Dear Mr. McKee:: This letter is to inform you of the action taken regarding Planning Commission Application No. 96009 and 96010. Enclosed is an excerpt from the minutes of the City Council meeting pertaining to your application for Special Use Permit, Site and Building Plan approval and Variance. If you have questions or comments regarding this matter, please contact me. Sincerely, Ronald A. Warren Planning Commission Secretary RAW:rsc Enclosures CC: File No. 96009 and 96010 August 5, 1996 Mr. Carl McKee C M Group, Inc 5637 Brooklyn Blvd, Suite 101 Brooklyn Center MN 55429 Dear Mr. McKee: Please be advised that the City Council of the City of Brooklyn Center will review Planning Commission Application No. 96009 and 96010, submitted for Site and Building Plan approval, Special Use Permit, and Variance, at its meeting on Monday, August 12, 1996 in the City Hall Council Chambers, 6301 Shingle Creek Parkway. This City Council Meeting begins at 7:00 p.m. and this matter will be considered as soon thereafter as the City Council's agenda will permit. The applicant or a designated representative must be present at this meeting. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569-3300 to make arrangements. If you have questions or comments regarding this matter, please contact me. Sincerely, Ronald A. Warren Planning Commission Secretary RAW : rsc cc: 96009 and 96010 CITY OF BROOKLYN CENTER PLANNING COMMISSION 6301 Shingle Creek Parkway 569-3330 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Please take notice that the Planning Commission of the City of Brooklyn Center will hold a public hearing on Thursday, July 25, 1996 at approximately 7:30 p.m., at the City Hall, 6301 Shingle Creek Parkway to consider the petition described below: TYPE OF REQUEST: Site and Building Plan approval, Special Use Permit and Variance. PETITIONER: Carl McKee, C. M. Group, Inc PROPERTY NAMED IN THE PETITION: 6901 Brooklyn Boulevard Legal Description: Lot 2, Block 1, Cady Addition BRIEF STATEMENT OF CONTENTS OF PETITION: Request Site and Building Plan approval, Special Use Permit and Variance to construct a Phillips 66 gas station/convenience store and to provide landscaping to the area. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569-3300 to make arrangements. espectfu^lly,�i / Va Ronald A. Warren Planning Commission Secretary Planning Commission Information Sheet Application No. 96010 Applicant: C. M. Group, Inc. (On behalf of Phillips 66 Company) Location: 6901 Brooklyn Boulevard Request: Variance The applicant is requesting a Variance from Section 35-700 of the City's Zoning Ordinance to allow less than a 15 ft. greenstrip as part of their development plan comprehended under Application No. 96006. This application is a companion to that application and comprehends the proposal for 6901 Brooklyn Boulevard. The applicant has not submitted any written information with respect to this application and relies on the fact that the City Council on March 8, 1993, under Resolution No. 93-34, had granted identical variances for a similar proposal to that being proposed under this application. The applicant has also indicated that the City Council on July 26, 1993 granted a variance from the same provisions of the Zoning Ordinance to allow fot a greenstrip less than that required by the City Ordinance for Mr. Randy Rau for the property located at 6849 Brooklyn Boulevard. That variance had been granted because of the precedent in granting the variance to Phillips 66. The arguments made for the variance are quite simple, that being the previous precedence for the same variance request and a similar variance granted to a neighboring and similar property. The variances granted acknowledged the irregularly shaped parcels and noted that to deny the variance would create a hardship to the applicant in that he would not be able to develop the property in a reasonable manner. The City Council also, under Resolution No. 93-34, acknowledged this same fact. Attached for the Planning Commission's review is a copy of Section 35-240 Subdivision 2 of the Zoning Ordinance containing the standards for variances. Variances from the literal provisions of the Zoning Ordinance can be granted in instances where the strict enforcement would cause undue hardship because of circumstances unique and distinctive to the individual property under consideration. All four of the variance standards must be met. Again, the basic argument is that this variance has been granted in the past and the circumstances under the current application are the same. A public hearing has been scheduled and notices have been sent. It is recommended that the Planning Commission hold one public hearing for both the Special Use Permit under Application No. 96009 and the Variance under Application No. 96010. RECOMMENDATION 7-25-96 Page 1 Based on the previous granting of an exact variance, it is recommended that the Planning Commission recommend approval of Application No. 96010 acknowledging that the site is an irregularly shaped parcel and to deny the variance would create a hardship to the applicant in that they would not be able to develop the property in a reasonable manner. 7-25-96 Page 2 Rs PMY a. E 2. PERRY Cf. 'IPERRY Pl. E 4. BROOKLYN PL. S. rIMARO PL 7. OUAII cI T. I rni\ • Wi ; L 68TH> H* I� * n 1 Aa ! I z tl'3E7tFr \ I J •YiAHI' � I 11 u Aj•y X� \ y ` r r i• � 1 HcwE u: j � l� 11 1 I I I I � I i 1 1 -� l 1 I \ �� `J I I l III IIII � �� %t'�• I ' I' 1" { I l l 0� N. I I I I I I� �^c�'•� ,i�L! 11 }�� I r, !' ' I r�"` ��7i rn July 2, 1996 Mr. Carl McKee C M Group, Inc 5637 Brooklyn Blvd, Suite 101 Brooklyn Center, MN 55429 Dear Mr. McKee: Please be advised that the Planning Commission of the City of Brooklyn Center will review Planning Commission Application No. 96009 and 96010, submitted for Site and Building Plan approval, Special Use Permit, and Variance, at its meeting on Thursday, July 11, 1996, at approximately 7:30 p.m. in the City Hall Council Chambers, 6301 Shingle Creek Parkway. The applicant or a designated representative must be present at this meeting. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569-3300 to make arrangements. If you have questions or comments regarding this matter, please contact me. Sincerely, Ronald A. Warren Planning Commission Secretary RAW:rsc cc: File No. 96009 and 96010 July 12, 1996 Mr. Carl McKee C M Group, Inc 5637 Brooklyn Blvd, Suite 101 Brooklyn Center, MN 55429 Dear Mr. McKee: Please be advised that the Planning Commission of the City of Brooklyn Center will review Planning Commission Application No. 96009 and 96010, submitted for Site and Building Plan approval, Special Use Permit, and Variance, at its meeting on Thursday, July 25, 1996, at approximately 7:30 p.m. in the City Hall Council Chambers, 6301 Shingle Creek Parkway. The applicant or a designated representative must be present at this meeting. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569-3300 to make arrangements. If you have questions or comments regarding this matter, please contact me. Sincerely, Ronald A. Warren Planning Commission Secretary RAW:rsc cc: File No. 96009 and 96010