HomeMy WebLinkAboutPC84025 - 3/27/86 - 6142 Brooklyn BlvdPLANNING COMMISSION FILE CHECKLIST
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FILE INFORMATION
Planning Commission Application Number: 5
PROPERTY INFORMATION
Zoning:
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Agendas: Planning Commission 3 Office
X'2 y6l,
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Minutes: City Council City Vault
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CITY OF BROOKLYN C1-NTCR
;'I_nNrl[r1G 041;11' IMl APPL1Cnl1O1J
Application No. 84025
PleasePrintClearly or Type
Street Location of Property
Legal Description of Property Lot 6, Block 3, Lawnridge.Addition
Owner ' e) I IV ,Ce s C. /,� U i >`
Address / yTi'% _ �� u VQ�r Phone No.
Applicant
Address Phone No.
Type of Request: Rezoning
VRe�ariance
Special Use Permit
Description of Request:
Subdivision Approval
Site & Bldg. Plan Approval
Other:
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
�
Receipt No. 64572 Date: /�p�.�SL. T``y
PLANNING COMMISSION RECOMMENDATION
Dates of P.C. Consideration:
Applicants Signature
Approved Denied ✓ this -W6 _day of 19 dF17/ , subject to the
following conditions: ,DZI�
CITY COUNCILACTION
Dates of Council Consideration: 'Ito-g 6-o -0
Approved Denied _
amendment:
man
this &IZ4 day of e.e 19�, with the following
-/I "y' Clerk
P/I Form No. 18 (over please)
i
Planning Commission Information Sheet
Application No. 84025
Applicant: Dr.John Lescault
Location: 6142 Brooklyn Boulevard
Request: Sign Variance
The applicant requests approval of a variance from Section 34-140 Subsection 3.C.1.
to allow a 4' x 6' 24 sq. ft. illuminated sign for the chiropractor's office in the
residence at 6142 Brooklyn Boulevard. The Sign Ordinance allows home occupation
signs to be no larger than 2.5 square feet. The property in question is zoned R1
and is bounded on the west by Brooklyn Boulevard, on the north by 62nd Avenue North,
and on the east and south by single-family residential homes. This application
pertains to the same home occupation addressed under Application No. 84024.
The applicant has submitted a letter (attached) in which he makes his arguments as
to why the variance should be granted. He states that a hardship exists because
new patients generally continue down Brooklyn Boulevard to the dental professional
building because they cannot see the sign and have to walk back up the street to
the Lescault residence. He also states that the larger sign "would not be detri-
mental to adjacent property owners and would be in good taste since Brooklyn
Boulevard for all practical purposes is a commercial street." He adds that the sign
would give his office exposure to passing traffic and that passersby would be able
to remember the location in the event of future need of care.
Variances from the Sign Ordinance may be granted when strict enforcement of the
literal provisions of the ordinance would cause undue hardship because of circum-
stances unique and distinctive to the specific property or use under consideration.
The provisions of the ordinance, considered in conjunction with the unique and
distinctive circumstances related to the property or uses thereof must be the
proximate cause of the hardship; circumstances caused by the property owner or the
applicant or a predecessor in title shall not constitute sufficient justification
to grant a variance. A variance may be granted by the City Council after demon-
stration by evidence that all of the following qualifications are met:
1. A particular hardship to the owner would result if the strict letter
of the regulations were carried out;
2. The conditions upon which the application for a variance is based
are unique to the parcel of land or the use thereof for which the
variance is sought and are not common, generally to other property
or uses thereof within the same zoning classification;
3. The granting of the variance will not be detrimental to the public
welfare or injurious to other property or improvements in the
neighborhood.
With respect to hardship, it is felt that the amount of signery permitted under the
Sign Ordinance for home occupations is adequate and appropriate for the scale of
operations envisioned by the Zoning Ordinance as permitted or special home occupations.
It should be noted that Dr. Lescault has been in business for at least 8 years. Con-
sidering his operation survives well enough on a four day week, it does not seem that
the lack of signery has thus far resulted in undue hardship.
7-26-84 -1-
Application No. 84025 continued
The circumstances of this application - a home occupation on Brooklyn Boulevard -
are certainly not unique. There are a minimum of 8 home occupations on Brooklyn
Boulevard and none have been granted a variance for a larger home occupation sign.
Certainly all of these would have justification for a variance should this appli-
cation be approved; and other home occupations on major thoroughfares or_ collector
streets would have equal right to a variance. In short, there are few home
occupations for which equal or stronger arguments could not be made that a variance
is justified. The Brooklyn Boulevard location, after all, is an advantage. Perhaps
home occupations in quiet neighborhoods should be entitled to greater signery. Al-
lowing greater signery to home occupations should be accomplished, if at all, through
an ordinance amendment rather than by variance.
We do not recommend any ordinance change. Limitations on this type of signery are
as much a matter of community taste as a matter of protection of property values.
With respect to detriment on neighboring properties, it should be borne in mind
that a general lessening of controls on signs throughout the community could well
lead to diminition of property values by lessening the residential character of
neighborhoods. Although the neighborhood in question is not particularly residential,
we feel the granting of a variance in this situation would eventually erode the
protection of neighborhoods that are clearly residential.
In light of the above, it is recommended that this application be denied on the
grounds that the Standards for a Sign Variance are not met.
7-26-84 -2-