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HomeMy WebLinkAbout2000-020 - 6421 & 6437 Brooklyn Blvd FULL PACKET/ City of Brooklyn Center %©o Planning Commission Application D Date Received Application No. X0 00` O Please Print Clearly or Type Address/Street Location of Property Legal Description of Property V-05I a g�C(Z� DN-�6,� 619A l .C- Owner �o�a� ' ��� g 6�-1�"1 - 2�'c� l_-'cc�, Phone No. 50 -32-1W £ 531--IlCrJ �y �S ev-x�4rl'BJc . Addresscmnr- Applicant W&\2wCVy1 Phone No. &SA Address iU l W . Type of Request: ❑ Rezoning Variance 1:1Special Use Permit 11 Subdivision Approval 11 Site & Building Plan Approval ❑ Other: Description of Request: Application Fee $ , C�C�, oo Receipt 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 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 will be in addition to the application fee described herein. Withdrawal of the application will not relieve the applicant of the obligation to pay costs incurred prior to withdrawal. LYA6M-SK-\ V dDl A Applicant (Please Print) App is Ties Signature PLANNING COMMISSION RECOMMENDATION Dates of P. C. Consideration: o -00 Approved Denied this V day of 20 & , subject to the following conditions: a. Chairman ------------------------------------------------------------------------- CITY COUNCIL ACTION Dates of Council Consideration: } �' Approved ; r,, Denied this day of 20 , with the following Revised 6-99 Application Filed on 7-27-00 City Council Action Should Be Taken By 9-25-00 (60 Days) Planning Commission Information Sheet Application No. 2000-020 Applicant: Frauenshuh Companies Location: 6421 and 6437 Brooklyn Boulevard Request: Variance The applicant, Dean Williamson on behalf of Frauenshuh Companies, is seeking a variance from Section 35-400 of the city ordinances which requires a 50 ft. setback for buildings located along a major thoroughfare. Application No. 2000-019 comprehends site and building plan approval for the redevelopment of the Brookpark Dental Center which includes the building of a new dental center and the demolition, after completion of construction, of the old building. The proposed variance would allow the construction of the new dental center at a setback of 35 ft. from the Brooklyn Boulevard right of way. Thirty-five feet is the standard front yard setback for buildings along a non -major thoroughfare. One of the reasons for proposing the 35 ft. building setback is to allow the construction of a new dental center while keeping the existing dental center in operation during an approximate 7 '/2 month building process. If Brookpark Dental were not able to do this, redevelopment of the dental center on this site would not happen, forcing them to seek another site for construction of a new dental center. Another factor leading to the setback variance request is two Brooklyn Boulevard studies undertaken by the City over the past few years which have provided various recommendations as to ways to encourage improved redevelopment along Brooklyn Boulevard. One study was the Brooklyn Boulevard Redevelopment Study of 1993 and the other is the Brooklyn Boulevard Streetscape Amenities Study of 1994. Both of the studies recommended that the City allow non- residential buildings in the Brooklyn Boulevard corridor to be built closer to the street than the current required building setback. One study even favored the City establishing a specific building setback line closer than the current required setback that would be required for all buildings in order to provide enclosure and a continuous public facade. The amenity study, which was not quite as rigid, recommended locating non-residential buildings, or parts of non- residential buildings, close to the edge of the street right of way and to increase the land intensity in the Brooklyn Boulevard Corridor. Building setbacks not separated from the street by parking should be landscaped. The study also recommended the increase of land densities in the Brooklyn Boulevard corridor and encouraged higher density developments which are located closer to the street. The City has contemplated and will be pursuing an overlay ordinance that will incorporate a 8-10-00 Page 1 number of these Brooklyn Boulevard recommendations and, it is likely, that the non-residential setbacks may be completely eliminated. In effect, what is being requested in this application is an interim variance with respect to Brooklyn Boulevard setbacks until these regulations are adopted. We have encouraged plans that provide more landscaping, green strips and less parking between buildings and the street right of way, if possible, along Brooklyn Boulevard. We have also encouraged non-residential buildings to be closer to Brooklyn Boulevard and provide more landscaping and less parking on the Boulevard. An example of this includes the Brooklyn Center Fire Station at the southeast corner of 63rd Avenue and Brooklyn Boulevard. Variances were also granted from the major thoroughfare setback requirements for the redevelopment of CUB and new retail businesses along County Road 10 and Xerxes Avenue that were part of that redevelopment. The Applebee's site in the Brookdale PUD and redevelopment was also allowed to have a building setback of 35 ft. as well. Variances can be granted by the City Council upon the determination that the standards for variance are met. Interim variances have been granted in anticipation of changing requirements. There is always concern with any variance that an undesirable precedent will be set. The only precedent set by the granting of the variance in question would be to allow non-residential buildings to have a 35 ft. setback rather than a 50 ft. setback along major thoroughfares. Precedent for allowing such a 35 ft. setback along Brooklyn Boulevard right of way is already established. The variance standards refer to physical surroundings, shape or topographical conditions creating a particular hardship as opposed to a mere inconvenience if the strict letter of the regulations were carried out. Standard B refers to variances being unique to a parcel of land and not common generally to other properties within the same zoning classification. Standard C requires that the alleged hardship be related to the requirements of the ordinance and not created by persons presently or formerly having an interest in a parcel of land. And finally, Standard D requires that a variance not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood of which the parcel of land is located. The applicant has submitted written comments as to how they believe their proposal meets the standards for variance contained in the city ordinances. They note, with respect to Standard A, that the existing Brookpark Dental Center must remain operational during the 7 '/2 month building process due to the employee base and patient volume. Therefore, the location of the building was limited to the south half of the site. In order to build an adequate dental clinic, they were forced to encroach on the Brooklyn Boulevard setback from 50 ft. to 35 ft. due to the limited and irregular property boundaries. They note that all other setback requirements are met and add that without the 35 ft. setback on Brooklyn Boulevard, the location would not be conducive for redevelopment for this dental clinic. The applicant also adds that they do not believe the variance is detrimental to the neighborhood, community of Brooklyn Center and/or 8-10-00 Page 2 the Brooklyn Boulevard thoroughfare. They point out that the redevelopment is utilizing the site to its fullest capabilities and add that their project will be closing down the current driveway located on Brooklyn Boulevard to the existing residential property. The only access to the site will be off 65th Avenue which creates a safer traffic route. They also point out that they believe the hardship is related to the requirements of this ordinance and has not been created by any persons presently or formerly having an interest in the land. They also note that it is their understanding that other commercial properties located along Brooklyn Boulevard have sought and have had similar variances approved. We would concur that the precedent has been set for the granting of variances for 35 ft. building setbacks along Brooklyn Boulevard for non-residential buildings. Again, it is in keeping with recommendations made in the Brooklyn Boulevard redevelopment studies. Allowing the variance to be granted does assist in the redevelopment of this site which is a goal of the city and in keeping with past approvals. It is believed, that building setbacks of 35 ft. along Brooklyn Boulevard for commercial businesses are appropriate and will not have a detrimental affect on surrounding properties or uses. For these reasons, we believe the standards for variance are met. A public hearing has been scheduled and notices of the Planning Commission's consideration have been sent. RECOMMENDATION It is recommended that the Planning Commission recommend approval of the variance request to allow a 35 ft. building setback rather than a 50 ft. major thoroughfare setback for the Brookpark Dental Center redevelopment proposal on the basis of it being consistent with the recommendations of the Brooklyn Boulevard studies which would allow non-residential buildings to be located closer to the street right of way along Brooklyn Boulevard and that the proposal meets the standards for variance particularly with respect to hardship and not being detrimental to the public welfare or injurious to other land or improvements in the neighborhood. 8-10-00 Page 3 v W Im STANDARDS AND PROCEDURES FOR ZONING ORDINANCE VARIANCES CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PARKWAY Anyone contemplating a request for a variance from the Zoning Ordinance should consult with the Planning staff, prior to submitting an Application to the Board of Adjustments and Appeals, for the purposes of familiarization with applicable ordinance standards and evaluation of the particular circumstances. A prospective applicant will provide documents and information, as requested by the Secretary, to the Board of Adjustments and Appeals or to the City Council. An application must be submitted fourteen (14) days prior to the regular meeting of the Board.. In instances where the strict enforcement of the literal provisions of this zoning ordinance would cause undue hardship because of circumstances unique and distinctive to an individual property under consideration, the City Council will have the power to grant variances, in keeping with the spirit and intent of this ordinance. The provisions of this ordinance, considered in conjunction with the unique and distinctive circumstances affecting the property, must be the proximate cause of the hardship; circumstances caused by the property owner or his predecessor in title will not constitute sufficient justification to grant a variance. The Board of Adjustments and Appeals may recommend and the City Council may grant variances from the literal provisions of this ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique and distinctive to the individual property under consideration. However, the Board will not recommend and the City Council will in no case permit as a variance any use that is not permitted under this ordinance in the district where the affected person's land is located. A variance may be granted by the City Council after demonstration by evidence that all of the following qualifications are met: (A) Because of the particular physical surroundings, shape, or topographical conditions of .the specific parcels of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. (B) The conditions upon which the application for a variance is based are unique to the parcel of land for which the variance is based are unique to the parcel of land for which the variance is sought, and are not common, generally, to other property within the same zoning classification. (C) The alleged hardship is related to the requirements of this ordinance and has not been created by any persons presently or formerly having an interest in the parcel of land. (D) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. The Board of Adjustments and Appeals may recommend and the City Council may impose conditions and restrictions in the granting of variances so as to insure compliance with the provisions of this ordinance and with the spirit and intent of the Comprehensive Plan and to protect adjacent properties. Copies of the Zoning Ordinance may be obtained from the Administrative Office. Questions should be directed to the Community Development Department, at (612) 569-3330. Standards and Procedures for Zoning Ordinance Variances Revised 2-95 AX 4.2000 9:13AM FRAUENSHUH COMPANIES NO.0622 P. 2 FRAUENST iUH COMPANIES Commercial Real Estate July 27, 2000 Ron Warren Planning & Zoning Specialist City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Re: Building Variance Dear Ron: We appreciate all your time and effort in assisting with the Brookpark Dental Clinic redevelopment. As you are aware, Frauenshuh Companies ("Applicant") has submitted its Site and Building Plan Application for the City of Brooklyn Center Planning Commission and City Council approval. In conjunction with the application, Applicant is seeking a Building Variance for its Brooklyn Boulevard set back. The existing Brookpark Clinic, which has been in operation for over 30 years, will eventually be demolished and replaced with a new 10,021 square foot, slab on grade, dental clinic. The redevelopment of the parcel will be as follows, subject to final approval from City Staff, Planning Commission and City Council: (1) Start the demolition of the residential house located at 6421 Brooklyn Boulevard in August of 2000; (2) Start construction of the new 10,021 square foot facility just to the south of the existing Brookpark Dental Clinic in September of 2000 (Note: the existing Brookpark Clinic will remain operation throughout the entire process); (3) Exterior shell of the new building will be complete by December of 2000; (4) Interior build out will be complete by April 1, 2001. (5) Upon completion of the new building, Park Dental will move its operation into the new facility during the first week of April 2001. (6) Finally, the old Brookpark facility will be demolished and replaced with a parking lot and landscaping in April of 2001. 7101 West 78th Street Suitc 100 ■ Bloomington, Mims esota s5a99 ■ Tel: 612.829.3/80 9 Fax; 612.329,3481 RUG. 4.2000 9:14AM FRAUENSHUH_COMPANIES NO.0622 P. 3 Mr. lion Warren July 27, 2000 Page Two Because of this process, we are seeking a Building Variance for our Brooklyn Boulevard set back from 50' to 35'. 1 strongly feel we project qualifies for a variance based on the following four (4) criteria: (1) The existing Brookpark Practice must remain operational during the seven and a half (7-1/2) month building process due to the employee base and patient volume. Therefore, the location of the building was limited to the southern half of the site. In order to build in adequate dental clinic, we were forced to encroach on the Brooklyn Boulevard set back from 50' to 35' due to the limited and irregular property boundaries. All other set back requirements were met. Without the 35' setback on Brooklyn Boulevard, the location would not be conducive for redevelopment. (2) We feel the variance is not detrimental to the neighborhood, community of Brooklyn Center and/or the Brooklyn Boulevard thoroughfare. The redevelopment is utilizing the site to its fullest capabilities. It is also worth noting, our project will be closing down the current driveway located on Brooklyn Boulevard to the existing residential property. The only access to the new clinic will be off 65`h Avenue North, which creates a safer traffic route. (3) The hardship related to the requirements of this ordinance has not been created by any persons presently or formerly having an interest in the parcel of land. (4) The request for a variance is needed for this unique parcel of land. It is our understanding that there has been other commercial properties located on Brooklyn Boulevard that has sought and been approved for this similar situation. On behalf of Park Dental and Frauenshuh Companies, we again appreciate your time and help. The variance of request is a necessity for this parcel to be redeveloped. Should any questions arise, please feel free to call me at (952) 829-3472. Sincerely, rmrWesz-��� Dean Williamson P: Idatal10711DMWIBrookporklvarionce-letter. doc CITY OF BROOKLYN CENTER CITY COUNCIL 6301 Shingle Creek Parkway 763-569-3300 INFORMATIONAL NOTICE TO WHOM IT MAY CONCERN: Please take notice that the City Council of the City of Brooklyn Center at its meeting on Monday, August 28, 2000 will consider the petition described below. The meeting will begin at 7:00 p.m. in the City Hall Council Chambers, 6301 Shingle Creek Parkway. A definite time for this petition to be considered cannot be given as it will depend on the progression of the agenda items. TYPE OF REQUEST: Variance PETITIONER: Dean Williamson, Frauenshuh Companies PROPERTY NAMED IN THE PETITION: 6421 and 6437 Brooklyn Boulevard Legal Description: Lot 2, Block 1, Dental Center Addition and Lot 1, Block 1, Dental Center Addition BRIEF STATEMENT OF CONTENTS OF PETITION: Variance to allow a 35 ft. rather than a 50 ft. setback along Brooklyn Boulevard for construction of a new Brookpark Dental Clinic. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. Respectfully, Ronald A. Warren Planning Commission Secretary CITY OF BROOKLYN CENTER PLANNING COMMISSION 6301 Shingle Creek Parkway 763-569-3330 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, August 10, 2000 at approximately 7:30 p.m., at the City Hall, 6301 Shingle Creek Parkway to consider the petition described below: TYPE OF REQUEST: Variance PETITIONER: Dean Williamson, Frauenshuh Companies PROPERTY NAMED IN THE PETITION: 6421 and 6437 Brooklyn Boulevard Legal Description: Lot 2, Block 1, Dental Center Addition and Lot 1, Block 1, Dental Center Addition BRIEF STATEMENT OF CONTENTS OF PETITION: Variance to allow a 35 ft. rather than a 50 ft. setback along Brooklyn Boulevard for construction of a new Brookpark Dental Clinic. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. Respectfully, Ronald A. Warren Planning Commission Secretary MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Spe - list / •� Subject: City Council Consideration Item - Planning Commission Application No. 2000- 020 Date: August 23, 2000 On the August 28, 2000 City Council Agenda is Planning Commission Application No. 2000- 020 submitted by Dean Williamson of Frauenshuh Companies requesting a Variance from Section 35-400 of the City Ordinances to allow a 35' building setback rather than a 50' major thoroughfare setback for the Brookpark Dental Center redevelopment at 6437 Brooklyn Boulevard. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2000-020 and also an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their August 10, 2000 meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the recommendations of the Planning Commission. August 18, 2000 Dean Williamson Frauenshuh Companies 7101 W . 78th Street, Suite 100 Bloomingtonn, MN 55439 Dear Mr. Williamson: Please be advised that the City Council of the City of Brooklyn Center will review Planning Commission Application Nos. 2000-019 and 2000-020, submitted for Site and Building Plan Approval and a Variance, at its meeting on Monday, August 28, 2000 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 City Clerk at 763-569-3300 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. 2000-019 and 2000-020 IND SCHOOL DIST NO 279 LIDA PROPERTIES WILLIAM & ILA MAE WENDT 350165TH AVE N DOUGLEAS LIDA 4001 65TH AVE N BROOKLYN CENTER MN 55430 10580 KUNQUAT ST NW #9 BROOKLYN CENTER MN 55429 COON RAPIDS MN 55448 ELEANOR BALDY 4007 65TH AVE N BROOKLYN CENTER MN 55429 JOHN & MARY SHAY 6341 HALIFAX DR BROOKLYN CENTER MN 55430 FRANCIS & EDITH ANDERSON 6353 HALIFAX DR BROOKLYN CENTER MN 55429 WILLIAM & ILA MAE WENDT 400165TH AVE N BROOKLYN CENTER MN 55429 JAMES WALLACE P O BOX 27 201 1ST ST E PARK RAPIDS MN 56470 EDITH ZEAH 6349 HALIFAX DR BROOKLYN CENTER MN 55429 M L HOFFMAN ET AL TRUSTE C/O HOUSING SPEICALISTS 6901 78TH AVE N #102 BROOKLYN PARK MN 55445 WM & PEGGY ANDERSON 6345 HALIFAX DR BROOKLYN CENTER MN 55429 IND SCHOOL DIST NO 279 3501 65TH AVE N BROOKLYN CENTER MN 55430 ELEANOR BALDY 4007 65TH AVE N BROOKLYN CENTER MN 55429 JOHN & MARY SHAY 6341 HALIFAX DR BROOKLYN CENTER MN 55430 FRANCIS & EDITH ANDERSON 6353 HALIFAX DR BROOKLYN CENTER MN 55429 JAMES WALLACE P O BOX 27 201 1ST ST E PARK RAPIDS MN 56470 EDITH ZEAH 6349 HALIFAX DR BROOKLYN CENTER MN 55429 LIDA PROPERTIES DOUGLEAS LIDA 10580 KUNQUAT ST NW #9 COON RAPIDS MN 55448 M L HOFFMAN ET AL TRUSTE C/O HOUSING SPEICALISTS 6901 78TH AVE N #102 BROOKLYN PARK MN 55445 WM & PEGGY ANDERSON 6345 HALIFAX DR BROOKLYN CENTER MN 55429 August 3, 2000 Dean Williamson Frauenshuh Companies 7101 W. 78th Street, Suite 100 Bloomington, MN 55439 Dear Mr. Williamson, Please be advised that the Planning Commission of the City of Brooklyn Center will review Planning Commission Application No.2000-019 and 2000-020, submitted for Site and Building Plan Approval and a Variance, at its meeting on Thursday, August 10, 2000 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 City Clerk at 763-569-3300 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. 2000-019 and 2000-020