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HomeMy WebLinkAboutPC82021 - 4/15/82 - 6129 Earle Brown DriveVING COMMISSION FILE File Purge Date: FILE INFORMATION Project Number: 8o1a-:t� 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, N 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 Ranae Location Agendas: Planning Commission Office Minutes: Planning Commission 6/8-7 City Vault Minutes: City Council City Vault Document Type Number Location Resolutions: Planning Commission City Vault Resolutions: City Council City Vault Ordinances: City Council City Vault COMMERCIAL/INDUSTRIAL PROPERTY FILES CHECKLIST i; 1 O[ i;i(ii )i"1..'(1l C?_i 11.1 11AN1i'lIHIG COWi: �;A!''N APPLICAFION Application No. 82021 , Street Location of Property Please Print Clearly or Tyke 6129 Earle Brown Drive Legal Description of Property R. L. S. 1380 Owner Summit Corporation Address 200 Summit Bank Bldg. - 310-4th Ave. So. 55415 Phone No. Applicant Janis Blumentals Address 6100 Summit Dr. Brooklyn Center, NIN 55430 Phone No. Type of Request: Rezoning _ Subdivision Approval X Variance 571-5550. Site & Bldg. Plan Approval Special Use Permit Other: Description of Request: Variance from 50' setback requirement to allow TV antennae 15' from Earle Brown Drive right-of-way. 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. I Fee $50.00 Receipt No. 58146 Date A April A. 198?_ cam's Signature PLANNING COMMISSION RECOMMENDATION Dates of P.C. Consideration: Approved A_ Denied this 15day of ,+¢ Qf , L 19 YZ--, subject to the following conditions: Cha an ----------------------------------------------- CITY COUNCIL ACTION Dates of Council Consideration: Approved Denied _ this day of 19 gal, with the following amendment: S4 er P/I Fora No. 18 (over please) Planning Commission Information Sheet Application No. 82021 Applicant: Summit Mortgage Company Location: 6129 Earle Brown Drive Request: Variance The applicant requests a variance from Section 35-400 of the Zoning Ordinance which requires principal and accessory structures in the I-1 Zoning District to be set back 50 feet from public right-of-way. The applicant wishes to place within the front yard setback area, two 9 meter diameter receiving anten ae for the Channel 29 VHF -TV Station proposed for the horsebarn and hippodrome. Th "dishes" (antennae) would be set back a miminum of 15' from Earle Brown Drive to llow for at least the customary greenstrip separation. The applicant has submitted a letter to address the standards for a variance (attached). The Zoning Ordinance at Section 35-240:2 states that a variance from the literal provisions of the ordinance may be granted in cases where the strict enforcement of the ordinance would cause undue hardship because of circumstances unique and distinctive to the individual property in question and after demon- stration by evidence that all of the following qualifications are met: a) Because of the particular physical surroundings, shape, or topo- graphical 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 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 neighbor- hood in which the parcel of land is located. The applicant contends in his letter that the variance is justified because: 1) The buildings exist in their present location and it is undesirable to place the receiving dishes in the mall area west of the building for aesthetic reasons. 2) The dishes must be at least 70 feet from any building. Since the hippodrome is 120' from Earle Brown Drive, the dishes cannot fit between the building and the right-of-way and still allow for the required 50' setback. 3) The dishes have been kept away from the property line by a maximum feasible distance of 15' in one case, 20' in another. The variance is thereby minimized. 4-15-82 -1- Application No. 82021 continued 4) The variance is technical in nature since the antenna is not a building such as a garage. Staff would agree with most points made by the applicant. Ho'ever,.we would stress that any structure, whether or not it is a "building" as such} must meet setback requirements, unless specifically exempted by the ordinance. We have also discussed with the applicant the possibility of -placing the receiving dishes on the top of the Earle Brown Office Tower along with a smaller 8" diameter transmitting dish. We have been assured that this option will be looked at. If feasible, the Planning Commission should recommend as to which location has the most acceptable aesthetic impact. If placement of the receiving dishes on the office building is unfeasible or not preferable to the Planning Commission, staff would recommend the variance be granted on the following grounds: 1) The circumstances surrounding the application are un que, involving an an existing historic structure which cannot readily be moved without damage to its structural and historical integrity. 2) Failure to grant the variance would cause either an Undue hardship for the applicant or (by placing the receiving dishes in the mall area) would seriously disturb the character of historic district established under Application No. 81041. 3) The circumstances affecting the application were not created by the applicant, but arise because of the requirements of the Zoning Ordinance, which were adopted after the farm buildings were erected. 4) Proposed placement of the receiving dishes minimizes the variance and the impact on surrounding development. 4-15-82 -2- Blumentals0 6100 Summit Drive North Brooklyn Center Minnesota 55430 612.571.5550 April 6, 1982 REASONS FOR VARIENCE Re: WFBT TV, Channel 29 Earle Brown Farm, Brooklyn Center, Minnesota We are requesting for varience to locate two receiving dishes in the front yard setback on Earle Brown Drive. 1. We are rehabilitating an existing building located in the historical zone and we want to locate these receiving dishes (approximately 25 ft. diameter) on the East side of the building so that we do not destroy/ clutter up existing farm mall West of the existing building. 2. On the East side of the building we have only 120 feet of property between the building and the property line. For technical reasons we have to locate the receiving dishes 70 feet from the building and we have 50 foot front yard setback, thus legally we can not locate the receving dishes on the East side without violating the front card setback. 3. We have located the receiving dishes in the front yard setback providing the possible maximum distance from the property line (approximately 15 feet) thus the distance from the receiving dishes to the actual street will be approximately 30 feet. We will provide proper landscapes within this distance. 4. This is a technical violation of the zoning code and the front yard setback because these receiving dishes really are not a building or an accessory structure such as a garage, etc.