HomeMy WebLinkAbout2009-005 - 1501 Freeway Blvd FULL PACKETCity of Brooklyn Center
Planning Commission Application
Date Received Application No.
Please Print Clearly or Type
Address/Street Location of Property 1501 Freeway Blvd. , Brooklyn Center, MN 55430
Legal Description of Property See Survey �� - a
Owner Barry Minneapolis, LLC Phone Na. 404-601-0880
30 Ivan Allen Jr. Blvd., Suite 900
Address
FAX No. 404-601-0881
Applicant
Jim Irwin 0,-�,(C�,) J� �', /n� p Phone No. 404-601-0868
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Address Same FAX No. same
Type of Request: Rezoning ($1050) iJ Special Use Permit ($200)
❑ Subdivision Approval ($300)
!_J Planned Unit Development ($1800)
LN Variance ($200)
Description of Request: t�fj �r A& L' at) ^A S6(f'-7-, d
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Application Fee $ � A o r A= No. 10 100-4403
❑ Site & Bui ding Plan Approval ($750)
❑ Appeal ($ 200)
❑ Other:
F i1S y� c' A i�Ct t JTH
Receipt Na. 3 33 V
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 applicatio ee described herein.
Withdrawal of the application will not relieve the applicant of the obliga e pay costs incurred prior to
withdrawal.
Applicant (Please Print) / Applicant's Signature
City Use Only
Dates of P. C. Consideration
Action Taken
PLANNING COMMISSION RECOMMENDATION City Use Only
It Approved U Denied this 13 _ day of 4 4 P20 0 subject to the J'4
following conditions:
Chairman
----------------------------------------------------------------------
CITY COUNCIL ACTION
Dates of Council Consideration
Action Taken
C' , Ili
(_l Approved
(_J Denied this
`,day off r ''° ` '
20 C, with the following
amendment:
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CITY OF BROOKLYN CENTER
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
PROCEDURES AND REQUIREMENTS FOR FILING APPLICATION FOR
SITE AND BUILDING PLAN APPROVAL
Prior to submission of an application for plan review and approval, prospective applicants should arrange an
informational meeting with the Planning Staff to discuss preliminary plans and to become familiarized with
applicable ordinance and policy provisions.
Four (4) copies of the following documents and information will be submitted, at least 14 days prior to the date
of the regular Commission meeting, concurrent with filing the application (required documents must be
consistent with ordinance and policy provisions before an application may be accepted):
A certified site survey drawing by a registered engineer or land surveyor showing pertinent existing
condition, accurately dimensioned.
2. *An accurately scaled and dimensioned site plan indicating:
a) parking layouts and access provisions, including calculation of ordinance parking requirements;
b) designations and locations of all proposed buildings and required setback lines;
c) _fences, walls or other screening, including heights and type of material;
d) outside lighting provisions, type and location (foot candle strength at property line must be calculated);
c) curbing (13612 curb and gutter is required). Indicate radius measurements;
f) building information, including: gross floor area, type of construction and occupancy classification.
*A landscape plan showing areas to be sodded or seeded, quantity, location, size and species of trees and
shrubbery. (Note: Underground irrigation is required in all landscaped areas in commercial and industrial
districts. Plans must be so noted.)
4. *Building floor plans, elevations, sections and specifications, including materials proposed.
*Existing and proposed land elevations, drainage provisions, and utility provisions, including the diameters
of utility lines.
6. Additional drawings, plans or information deemed necessary by the Secretary.
*Must be prepared by a registered architect or person registered with the State Board of Registration for
Architects, Engineers, Landscape Architects and Land Surveyors, and said drawings/plans will be so
certified.
NOTE: Upon approval of plans by the Council and prior to issuance of permits, a Performance Agreement as to
approved site improvements and a supporting financial guarantee, in an amount to be determined by
the City, are required. Acceptable financial instruments include cash escrow; certificate of deposit;
and performance bond.
Copies of the Zoning Ordinance may be obtained from the Administrative Office. Questions should be directed
to the Planning and Zoning Specialist at 763-569-3330.
Procedures & Requirements for Filing
Application for Site & Bldg Plan Approval
Revised 5-05
5
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 13, 2009 at approximately 7:00 p.m., at the City Hall, 6301 Shingle
Creek Parkway to consider the petition described below:
TYPE OF REQUEST: Variance
PETITIONER: Barry Minneapolis, LLC
PROPERTY NAMED IN THE PETITION: 1501 Freeway Boulevard
Legal Description: Registered Land Survey 1477, Hennepin County, Minnesota
BRIEF STATEMENT OF CONTENTS OF PETITION:
Request for a Variance from Section 35-412, Subdivision 4, requiring a 15 ft. parking setback and
greenstrip measured from the street right-of-way.
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.
ectfully,
Ronald A. Warren
Planning Commission Secretary
Z7
INFORMATIONAL NOTICE
CITY OF BROOKLYN CENTER
CITY COUNCIL
6301 Shingle Creek Parkway
763-569-3300
TO WHOM IT MAY CONCERN:
Please take notice that the City Council of the City of Brooklyn Center at its meeting on Monday,
August 24, 2009 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: Barry Minneapolis, LLC
PROPERTY NAMED IN THE PETITION: 1501 Freeway Boulevard
Legal Description: Registered Landy Survey 1477, Hennepin County, Minnesota
BRIEF STATEMENT OF CONTENTS OF PETITION: Request for a Variance from Section 35-
412, Subdivision 4, requiring a 15 ft. parking setback and green strip measured from the street right-
of-way.
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.
Res ectfully,
l
Ronald A. Warren
Planning Commission Secretary
COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Ronald A. Warren, Planning and Zoning Specialist .6 '60-
DATE: August 17, 2009
SUBJECT: Planning Commission Application No. 2009-005
Recommendation:
It is recommended that the City Council, following consideration of this matter, approve the
application subject to the conditions recommended by the Planning Commission.
Background:
On the August 24, 2009 City Council Agenda is Planning Commission Application No. 2009-
005 submitted by Barry Minneapolis, LLC requesting a Variance from Section 35-412,
Subdivision 4, of the Zoning Ordinance requiring a 15 ft. parking setback and green strip on a
portion of the Freeway Boulevard right-of-way for the development proposed under Application
No. 2009-004. This matter was considered by the Planning Commission at their August 13,
2009 meeting and was recommended for approval.
Attached for your review are copies of the Planning Commission Information Sheet for Planning
Commission Application No. 2009-005 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.
Budget Issues: There are no budget issues.
Application Filed on 7-30-09
City Council Action Should Be
Taken By 9-28-09 (60 Days)
Planning Commission Information Sheet
Application No. 2009-005
Applicant: Jim Irwin on Behalf of Barry Minneapolis, LLC
Location: Southwest Quadrant of Freeway Boulevard and Humboldt Avenue North
Request: Variance
The applicant, Jim Irwin on behalf of Barry Minneapolis, LLC, is seeking a variance from
Section 35-412, Subdivision 4 (Section 35-700 also) of the zoning ordinance requiring a 15 ft.
parking setback and green strip measured from the street right-of-way line to be allowed to have
an approximate 7 1/2 ft. green strip along a portion of Freeway Boulevard where a 20 stall visitor
parking lot and primary site entrance area will be located.
As noted in the site and building plan review (Planning Commission Application No. 2009-004),
the visitor parking area where the green strip variance is being sought and ithe primary site
entrance are separated from the office, annex building and parking structufe compound by a
security fence and controlled access. A Visitor Screening Facility (VSF) will be operated to
allow acceptable visitors to enter the secure area on the site. This design and security system is a
unique feature specifically for the highly sensitive nature of the proposed FBI use.
The applicant has provided a proof of parking plan showing the elimination of this visitor
parking area and security features should the use of the site convert to typical office occupancy,
not requiring such security measures. Such a conversion and implementation of the proof of
parking plan would allow for a full 15 ft. green strip/parking setback from the Freeway
Boulevard street right-of-way thus eliminating the need for the variance at that time.
The reason for the tight green strip resulting in the variance request is a number of the
requirements for security and safety features unique to this particular proposal. The perimeter
security fence, the site access control, the 100 ft. standoff distance and building setback all make
this a difficult site to layout given the security issues but are accomplished with this design. The
plan itself does offer extraordinary amounts of green space and landscape opportunities,
particularly along Freeway Boulevard that seem to appropriately offset the tight green strip by
the visitor parking area. This parking area does not run the full length of Freeway Boulevard,
which would be common in most office developments if it were not for the security issues.
Variances from the literal provisions of the zoning ordinance can be granted in instances where
the strict enforcement of the provisions would cause undue hardship because of circumstances
unique and distinctive to the individual property under consideration. Attached for the Planning
Commission's review is a copy of Section 35-240, Subdivision 2 of the city's zoning ordinance
containing the standards for variances. It should be noted that all four of the variance standards
must be met in order to grant a variance.
It should be further noted that a precedent was set by the City Council in the mid-1990's when
three variances were granted from this section of the ordinance to allow encroachments into the
8-13-09
Page 1
15 ft. green strip requirements in the area of 69th and Brooklyn Boulevard. Variances were
granted at the northwest corner of Brooklyn Boulevard and 69th and also at the southwest corner
of 69th and Brooklyn Boulevard for proposals by convenience store/gas stations located in that
area. The variance request was implemented on the southwest corner of the site. The green strip
variance was not implemented at the northwest corner of the site because the proposed
development never went forward. Other green strip variances, or modifications, have been part
of various Planned Unit Development (PUD) proposals in other areas of the city. The Super
America at 57th and Logan was one, the commercial development including the Culver's
restaurant and Super America at the northeast corner of Brooklyn Boulevard and 69th Avenue
North was another PUD modification as well as various encroachments that are comprehended
and were allowed for the Luther automobile dealership redevelopments in the area of Brooklyn
Boulevard and Interstate 94.
This situation, although not a PUD, is very similar to those circumstances and the precedent of
granting variances in other circumstances make it quite compelling that this variance should be
granted in this circumstance. As mentioned previously, the proposal and esign are unique to
this situation and are not common generally with development within the lity. The variance
would not be required if the proof of parking submitted with this application is implemented with
a new user on the site not requiring such security measures so the chances of not needing the
green strip variance in the future are likely. The conditions upon which this variance is based are
unique to this parcel of land specifically because of the security measures being taken in its
design. The hardship of not granting the variance is related to the ordinance requirements and
appears to be offset by the large amount of green space and landscaped areas in the immediate
vicinity of where the variance would be granted. It is also believed that the variance will not be
detrimental to the public welfare or injurious to other land or improvements in the neighborhood
where this development is situated.
For the above stated reasons, it is believed that the standards for variance contained in the zoning
ordinance are met and it should be noted that there is established precedent for the granting of
similar variances in other circumstances within the city. To deny the variance would create a
hardship to the applicant and would create difficulty in developing the property.
A public hearing has been scheduled and notices of the variance request have been sent to
surrounding property owners.
RECOMMENDATION
Based on the precedent established by the granting of similar variance requests and the fact that
it is believed that the standards for variance contained in Section 35-240, Subdivision 2 of the
zoning ordinance are met, it is recommended that the variance under this application be
recommended for approval. A condition that should be attached with this variance is that the
owner of the property shall enter into a proof of parking agreement acknowledging that the total
number of ordinance required parking spaces for this development and the implementation of
this proof of parking without the need for the green strip variance given future use of the site as a
non -security office complex.
8-13-09
Page 2
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Planning Commission
Application No. 2009-005
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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 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 (763) 569-3330.
Standards and Procedures for Zoning Ordinance Variances
Revised 4-01
August 17, 2009
Barry Minneapolis, LLC
Mr. Jim Irwin
30 Ivan Allen Jr. Blvd, Suite
Atlanta, GA 30308
Dear Mr. Irwin:
Please be advised that the City Council of the City of Brooklyn Center will review Planning
Commission Application No. 2009-004 and 2009-005 submitted for Site and Building Plan
Approval and a Variance at its meeting on Monday, August 24, 2009 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
August 4, 2009
Barry Minneapolis, L.LC
Mr. Jim Irwin
30 Ivan Allen Jr. Blvd, Suite 900
Atlanta, GA 30308
Dear Mr. Irwin,
Please be advised that the Planning Commission of the City of Brooklyn Center will review
Planning Commission Application No. 2009-004 and 2009-005, submitted for a Site and Building
Approval and a Variance, at its meeting on Thursday, August 13, 2009 at approximately 7:00 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
3511921140009 3511921140010 3511921140010
THE PINES NORTH LLC ASSAAD Y HARK MARCELLINO Y HARK
7800 METRO PARKWAY # 200 417 MAIN ST NE ELIAS YAZABEK
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