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HomeMy WebLinkAboutPC66005 - NW Quadrant of The Intersection of Hwys #100 and #152[EX DANT�s VILLAGE OF BROOKLYN CENTER P-66005 ___ Zoning Application TERSbN Street Location of Property N.W. quadrant of the intersection of Hwys. ;T100 and 4152. 450 Legal Description of Property _ Parcels 120, 130,/700, 815, Section 10. Owner: Name _,ton.Development Co. Address 4005 West 65th Street - Applicant: Name Twin Realty Co. Address Midland Bank BuildingPhone Type of Request: Rezoning Special Use Permit X_ Variance Subdivision Approval X Other Description of Request Variance from density requirements of 2700 square feet J� per dwellina unit to 'Site plan and building Plan approval. Z, 4;tc Reason for Request A? c Yj. r (Applic nt) b-J! ........... ". FEE: $ 5.00 February 21, 1966 (Date) - Following to be filled in by Village Recommendations of Village Officials Chrothology Date By Rec'd. Published On Pl. Comm. Agenda Ply, Comm. action On Council Agenda Council Postponement Council Action Any official making any comments should Bldg. Dept. Notified sign and date. Use additional sheet Applicant Notified comments if necessary attach hereto. Pl, Comm. Postponement Please draw or attach sketch of proposed structure showing the following: L Indicate North 6. Dimensions of proposed structure 2. Location on lots 7. Proposed set -backs 3. Adjacent street names 8. State zoning in force in area 4. Location set -backs and use of adjacent existing buildings 5. Distances between any proposed structures and structures on adjacent_ property. ------ (To Be Filled in By Planning Commission) PLANNING COMMISSION RECOr,'IRENOATIONS On the day of k -AD19 � 4 he action request in the foregoing petition was approved ( ) disapproved (V) subject to WAY ow e conditions. A$ /% llpal A 1 9 Chairman .C. /7 COUNCIL RECO N NOATIONS Approved Denied by the Council this/—V day of &A_L y_ 19_�rL �._ .. ZAK VILLAGE OF BROOKLYN CENTER pEFEnDANT'S V66005 I ,� (Revised) Zoning Application IEX--------- H. L. PETERSON - Street Location of Property. N W uadrant of interseet-ion--of--�lw s.;T100 and 4152 Legal i7escription'of Property Parcels 120, 130, 424, 442, 450, 700, and 815, Plat 89010 (Section 10) Twin Realty Investment Co. Midland Bank Bldg- Owner: Name Dayton Development Co.: Address -400S West ¢5th Street Applicant .Naive Twin Realty Invest. COAddress Midland Bank Bldg. Phone 3388937 Type.'.of Request: , X Rezoning Special Use Permit X Variance Subdivision Approval _X.._ Other Descripti,on_of,Request Approval of site and building plans for a`multiple dwelling dgyelonment, Rezoning of parcels 424 and 442 from RI to R5 Variance from density requirements to allow 310 apartment units on 19.06 acres of land Reason for Request �YYIN Lr1�Ti{ti�f�.3 PIT� (Applic nt) FEES $ 5.00 - variance(paid 419727) July 6, 1966 $25.00 - rezoning(paid 920758) (Late) -- Follgginq to be filled in by Village Recommendations of Village Officials On Pl. Comm. Agenda PL Comm. Action On Council Aq_enda a Council Postponement Council Action Any official making any comments should Bldg, Dent. Notified sign and date. Use additional sheet Applicant Notified comments if necessary attach hereto. Pl. Comm. Postponement Please draw or attach sketch of proposed structure showing the following: 1. Indicate North 6. Dimensions of proposed structure 2. Location on lots 7. Proposed set -backs - 3. Adjacent street names 8. State zoning in force in area 4. Location set -backs and use of adjacent existing buildings 5. Distances between any proposed structures and structures on adjacent;:.,:; property. (To Be Filled in By Planning Commission) PLANNING COMMISSION RECOG'iMENOATI&S On the�,.P? day of N/U/( Y 19erp(the action re q�the ed in the foregoing petition was approved isapproved ( ) subject t f,�llo g conditions. ,Y f_. Chairman COUNCIL RECOMMEND ''"IONS Approved „ Koenied by the Council this day of lf� Approved with following amendment Clerk: �. - t'if•j , ty Sa "- J t Member John Leary introduced the moved its adoption: [_b_t_F6DANT1S JEX_ � H. L7 PE7ERSON following resolution and RESOLUTION NO. 66-237 RESOLUTION REGARDING APPLICATION NO. 66005 FOR REZONING OF PARCELS 424 and 442. PLAT 89-010 FROM R-1 to R-5 - TWIN REALTY, INC. WHEREAS, The Planning Commission, after a duly called public hearing has, by motion dated July 19, 1966, recommended the rezoning requested; and WHEREAS, the Village Council has duly and fully considered the Planning Commission's recommendation and has conducted its own hearing and investigation.; and based on all of the evidence and files, makes the following findings: 1. That the described property is adjacent to other property described in this application which is zoned R-B and includes frontage on Drew Ave. No.; 2. That applicant has acquired this property as the result of concern for adequate ingress and egress to the complex; i 3. That granting the rezoning is proper, reasonable and compatible, and will tend to relieve traffic on other village streets. NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Brooklyn Center that the health, safety and general welfare of the Village will best be served by amending the present zoning ordinances with respect to the above described property from R-1 to R-5. August 8, 1966� *Date. Mayor ATTEST • C�J 01,,f ...�9 Clerk The motion for the adoption of the fcregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken ,.- thereon, the following voted in favor thereof: Philip Cohen, John Leary, Earl Simons, Howard Heck and Theodore Willard; and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted. I t Member Howard Heck introduced the following resolution and moved its adoption: F RESOLUTION NO. 66-238 RESOLUTION REGARDING APPLICATION NO.66005 FOR GRANTING OF VARIANCE - TWIN REALTY, INC. WHEREAS, the Planning Commission, after a duly called public hearing has, by motion dated July 19, 1966, recommended the variance requested on Parcels 120, 130, 424, 442, 450, 700 and 815 of Plat 89010; and WHEREAS, the Village Council has duly and fully considered the Planning Commission's recommendation and has conducted its own hearing and investigation and based on all of the evidence and files, makes the following findings: 1. That the specific parcel of land is of such size and shape that a particular hardship to the owner would result; 2. That the conditions upon which the petition for a variance is based are unique to the parcel of land for which the variance is sought and one not applicable, generally, to other property within the same zoning classification; 3. That the purpose of the variation is not based exclusively upon a desire to increase the value or income potential of. the parcel of land; 4. The alleged difficulty or hardship is caused by the provisions of this ordinance and has not been created by any persons presently or formerly having an interest in the parcel of land; 5. The granting of the variation 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; and 6. The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood, g NOW, THEREFORE, BE IT RESOLVED by the Village Council of the <: Village of Brooklyn Center that the health, safety and general welfare of the Village will best be served by granting a variance from the provisions of Village Ordinance 35-401 to allow an additional 2.5 apartment units in the total project, therefore comprising a complex of 310 units, this variance to be formally granted at such time as 311 of the property described above'. is platted. Resolution No. 66-238 August 8, 1966 Date ATTEST: ic.'�''`a Clerk 7 IZ; Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Earl Simons , and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Earl Simons, Howard Heck and Theodore Willard and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. r- Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 66-239 RESOLUTION REGARDING APPLICATION NO. 66005 FOR APPROVAL OF SITE PLANS - TWIN REALTY, INC. WHEREAS, The Planning Commission, after a duly called public hearing has by motion dated July 19, 1966 recommended the approval of site plans presented subject to certain conditions; and WHEREAS, The Village Council has duly and fully considered the Planning Commission's recommendation and has itself considered all aspects of the proposed site plans, it now makes the following findings: NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Brooklyn Center that the site plans be approved subject to the applicant entering into a Performance Agreement subject to a reasonable Performance Bond in an amount to be determined by the Village Administrator requiring the following: 1. That a utility / laundry room shall be provided in each building; - 2. That the final building plans are subject to the approval of the building inspector and in conformance with Village Ordinances; 3. That the applicant follow the specific plantings, fencing, street layout and other improvements as set out in the plans submitted to, and revised by, the Village Council. 4. That the lighting of the property is subject to the approval of the Village Council. August 8, 1966 .G Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote being taken thereon, - the following voted in favor thereof: Philip Cohen, John Leary, Earl Simons, Howard Heck and Theodore Willard. u and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted. Chapter 35 - ZONING DEFE flANTS F_X---l�_ _ y H. PFTFRSpry ORDINANCE " LI AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES BY ESTABLISHING ZONING REGULATIONS AND LAND USE CLASSIFI- CATIONS, AND DESCRIBING ZONING DISTRICTS, SAID ORDINANCE BEING KNOWN AS THE BROOKLYN CENTER ZONING ORDINANCE Section 35-100. STATEMENT OF POLICY The City Council finds that the municipality is faced with mounting problems in providing means of guiding future develop- ment of land so as to insure a safer, more pleasant, and more economical environment for residential, commercial, industrial and public activities, and to promote the public health, safety, morals, and general welfare. Through enactment of,this ordinance, the City Council intends to prepare for anticipated changes and by such preparations, to bring about a significant savings in both private and public expenditures. This ordinance is intended to be one means of effectuating the municipal planning undertaken by this municipality. Through this ordinance, the municipality intends to encourage the wise development of lands within the municipality and to serve its citizens more effectively and to make the provision of public services less costly and to achieve a more secure tax base. Specifically, the provisions are designed to achieve the foregoing objectives through the regulation of the location, height, bulk, number of stories, size of buildings, and other structures, the percentage of lot area which may be occupied, the size of yards and other open spaces, the density and distribution of population, the uses of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes, and the uses of land for trade, industry, residence, recreation, and through the establishment of standards and procedures regulating uses within the City. Section 35-110. PERMITTED USES Except as provided for in Section 35-111, no building or premises may hereafter be used or occupied within a given land use district unless it is a permitted use in that district or unless it is authorized as a special use. Sections 35-310, 311, 312, 3138 314, 315, 316, 320, 321, 322, 330, 331, 340, 341 give the various permitted and special uses. i Section 35-220 (Cont'd) In any instance where an existing and established special use is abandoned for a period of one year, the special use permit related thereto shall expire one year following the date of abandonment. Section 35-230. PLAN APPROVAL It is declared to be the policy of the City to preserve and promote an attractive, stable residential and business environ- ment for its citizens through encouraging well conceived, high quality developments. To this end, imaginative architectural concepts shall be employed in the design of buildings and in the development of respective sites. In this regard, every person, before commencing the construction or major alteration of a structure, except one and two family dwellings and buildings accessory thereto, shall make application for plan approval from the City Council. Plan approval may be required in conjunction with special use permit consideration. The following rules shall govern applications for plan approval: 1. Procedures (a) A "Plan Approval" application shall be initiated by the owner of the subject property or his authorized agent. The applicant shall fill out and submit to the Secretary of the Planning Commission a "Plan Approval" application, copies of which are available at the municipal offices, together with a fee of $10.00. The application shall be filed with the Secretary of the Planning Commssion at least fourteen (14) days prior to the next regular meeting .of the Planning Commission. (b) The Secretary of the Planning Commission shall refer the matter to the Planning Commission by placing the appli- cation upon the agenda of the Commission's next regular meeting; provided; however, that the Secretary may, with the approval of the Chairman of the Commission, place the application on the agenda for a special meeting of the Planning Commission. (c) The Planning Commission shall report its recom- mendation to the City Council not later than sixty (60) days following the date of referral to the Cormmission. The date of referral is defined as the date upon which the application is first considered by the Planning Commission. R Section 35-230 (Cont'd) Fences or walls or other screening, including height and type of material. (iii) Lighting provisions, type and location. ( iv) Curbs (v) Building floor plans, elevations, sections and outline specifications, including materials proposed. (vi) Existing and proposed land elevations, drainage provisions, and utility provisions as may be required. 3. Conditions and Restrictions The Planning Commission may recommend and the City Council may impose such conditions and restrictions as deemed necessary to protect the public interest and to secure compliance with the requirements of the ordinance. The conditions may include the execution and submission of a Performance Agreement with a supporting financial guatantee that the subject property will be constructed, developed, and maintained in conformance with the plans, specifications and standards. Section 35-240. VARIANCES Ih,,k,n stances where the strict enforcement of the literal provisions this zoning ordinance would cause undue hardship because of cirstances unique and distinctive to an indivi ual property under consideration, the City Council shall have th' power to grant variances,- in keeping with the spirit and intent of this ordinance. The provisions of this ordinance, consered in conjunction with the unique and distinctive circumstance affecting the property must be the proximate cause of the hardship; circumstances caused by the property owner or hi predecessor in title shall not constitute sufficient justi i- cation to grant a variance. The following rules shall govern applications fo,a variance from the strict requirements of this ordinance: 1. Procedures (a) A "Variance" application shall be initiated by the owner of the subject property or his authorized agent. The application shall be referred to the Board of Adjustments and Application No. 66005 submitted by Twin Realty, Inc. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 66-237 DEFENDANT'S RESOLUTION REGARDING APPLICATION NO. 66005 FO Ex - - - -3- - H. L. PETESC^. Ei REZONING OF PARCELS 424 and 442. PLAT 89010 FROM—---, ._ .. _.. R-1 to R-5 - TWIN REALTY, INC. The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Earl Simons, Howard Heck and Theodore Willard, and the following voted against the same; none, whereupon said resolution was declared duly passed and adopted. ember Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 66-238 RESOLUTION REGARDING APPLICATION NO. 66005 EM GRANTING OF VARIANCE - TWIN REALTY. INC. The motion for the adoption of the foregoing resolution was duly seconded by member Earl Simons, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Earl Simons, Howard Heck and Theodore Willard and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 66-239 ( RESOLUTION REGARDING APPLICATION NO. 66005 FOR t APPROVAL Or SITE PLANS - TWIN REALTY. INC. The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Earl Simons, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Council then considered Application No. 66023 submitted by Thomas gilder and Fireside Realty. After reviewing the history of the application, Mayor Cohen reviewed the report prepared by the planning consultant regarding the subject application. After due deliberation on the _ report, and after having called for comments from interested parties in attendance, Theodore Willard moved and Howard Heck seconded that the Village Administrator and Village Attorney be instructed to draft a resolution denying Application No. 66023, said resolution to set forth the history of the application and further to state the findings of the Council as follows: F� In 1. The requested rezoning is incompatible with, and contrary to, the comprehensive plan for the area. 2. The proposed rezoning is incompatible with the existing uses of surrounding property. 3, it is the finding of the Council that no substantial change has occurred in the character of the property which would make it unsuitable for its present zoning; said resolution to be presented for Council consideration for the August 15, 1966 meeting. Motion carried unanimously. f3 - 4 - FDEFPN1)ANT'S EX- H. L. P_Tr: qI Standing water in parking area east of building 3433. Drainage ditch west of building 3409.