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HomeMy WebLinkAboutPC71020 - 1800 & 1900 65th Avei PLANNING COMMISSION FILE CHECKLIST File Purge Date: FILE INFORMATION Planning Commission Application Number: 17/02o 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, if 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 Range Location Agendas: Planning Commission Office Minutes: Planning Commission Minutes: City Council Document Type Resolutions: Planning Commission Resolutions: City Council ��,12j�S City Vault Z1/i"//7/ City Vault Number Location City Vault City Vault Ordinances: City Council City Vault CITY OF BROOKLYN CENTER Zoning Application Application No. 71020 Street Location of Property 1800 and 1900 - 65th Avenue North Legal Description of Property Lots 3, 4, 5, & 6, Block 2, Brooklyn Center Industrial Park Plat 2 Owner - B.C. Development Corp. Address 6100 Summit Dr., Mpls. Telephone No. 5Q -7350 Applicant Same Address Telephone No. Type of Request: Rezoning Special Use Permit Variance Subdivision Approval Other Description of Request Site and building plan approval for warehouses. Reason for Request Fee $ in no Receipt No. 2R29 Applicant July 9, 1971 Date Dates of P.C. Consideration Dates of Council Consideration PLANNING COMMISSION RECOMMENDATION Approved Denied this _ day of - subject to the following conditions Chairman COUNCIL ACTION Approved Denied this day of 19 °`' with the following amendment Clerk, 1971 MET PLANNING COMMIS3 SX09 UVOM-110S01B Description of nequest; BAMORDUM. 71020 (amended) Brooklyn centev industrial park Site and buildinq plan approval The applicant is requesting an amnndmeOt to the site and bullaing plan approval previously granted by the planning commission on Uune 3, 1971 and the Citty, council on june 14, 1971 for property located at 650h Avenup North and Shingle Creek Parkway. The amended site plan approval is requested due to severe soil canditiOns enc=Mved On thO site ANALYSIS AND PEMMMENDATION1 The site plan is found to be in order and WrOval is recommended subject to the usual conditions. 0 The City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center Minnesota Attention: Blair Tremere Planning Director Gentlemen: A ,TRH Enterprises, Inc., makes application for a Certificate of occupancy for property located in the complex at 1800 Freeway Boulevard, Brooklyn Center, Minnesota. The particular location of the premises within the complex is described on Attachment A enclosed here- with and consists of approximately 3,009 square feet in Sec- tions 1, 2, and a part of Section 4 shown on that attachment. JRH Enterprises, Inc., is a Minnesota corporation organized July 22, 1976. it is a family corporation consisting of a mother and two sons and is engaged in the automotive equipment field of business activity. It executed a Sub -Lease on November 5, 1976, with McCulloch Industries, Inc., through Joel Fleming of McCulloch. The Sub -Lease agreement is for a term of two years beginning November 1, 1976, except that it is cancellable by either pada rty upon sixty ys written notice. The Lease describes Sub -Lessee's activities as follows: --sublessee will operate a warehouse and sales outlet for used auto service equipment. The business involves no manufacturing or assembly operations, nor equipment or automotive repair. ASublessee shall not abuse the leased premises or any part thereof nor use plumbing for any purpose other than that for which constructed, nor create, maintain or permit a nuisance thereon. Sublessee will not keep, use or sell or allow to be kept, used or sold in or about the leased premises any articles or material which is prohibited by law or which would for casualty insurance for the increase the premiums rt. building of which the leased premises are a._ The City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center November 29, 1976 Minnesota Page Two The Sub -Lease contains a sign provision as follows - 'Sublessee may erect a sign on the building no larger than 2 feet high, 8 feet long, non - illuminated. Sublessee shall be responsible to repair building to original condition upon removal of the sign." The premises for which the Certi- ficate is requested are located in an 1-1 District in the City. Section 35-330 of the Brooklyn Center Zoning Ordinance lists as a permitted use in Section l(B): "The following wholesale trade activities - (1) automotive equipment . . . (7) machinery, equip- ment and supplies." Section 35-413 specifies special requirements in the 1-1 and 1-2 Districts. No activity will be conducted on the premises which is inconsistent with those special requirements. No definition of the term "wholesale" is included in the Ordinance. The business of JRH Enterprises, Inc., involves the sale of products and heavy machinery or equip- ment to filling stations and garage and body shop operators for resale or for use in their business of supplying a service to the travelling public. The distribution of this kind of equipment is generally made in the industry by a manufacturer's representative directly from the manufacturer or through a distributor on a salesman call basis. The equipment is not ordinarily handled as a product of a retail outlet and is not sold to the general public. The equipment is used to provide a service by the purchaser to the public at large. The innovation which has been made by JRH Enter- prises, Inc., in the marketing of this kind of equipment has been to secure used equipment, either through purchase or on consignment, for distribution to service station operators, garagemen, and body shops. In addition to the machinery and equipment above described, JRH Enterprises, Inc., sells certain other products to its customers for resale to the public at large. They consist primarily in auto- mobile glass, anti -freeze, oil base products, and other specialty products. While the purchasers use the equipment, its use is not an end -product in itself but is necessary in order that a service offered to the public can be more effectively performed. The functions performed by JRH Enterprises, Inc., at the location of the leased premises are the cleaning and minor restoration of used equipment. No painting or major repairs are performed. The equipment is warehoused and is sold largely through sales The City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center November 29, 1976 Minnesota Page Three personnel calling on dealers, although some displays are available at the site. We believe this fits the Zoning categories listed above and is a wholesale, as opposed to retail, business. On that basis, a Certificat of Occupancy is hereby requested. Very truly yours, JRH ENTERPRISES, INC. By President PERFORMANCE AGREEMENT This agreement is entered into by SHEEHY CONSTRUCTION COMPANY First party, to the City of Brooklyn Center, a municipal corporation, under the laws of the State of Minnesota, Second party, as follows: The council of the City of Brooklyn Center has approved (pur- suant to City Ordinances) the development plans of the First Party subject to the execution of this performance agreement. In consid- eration of such approval, the First Party (and its heirs, successors or assigns) does covenant and agree to perform the following obli- gations on the property known as 1800 and 1900 - 65th Avenue North (Lots 3, 4, 5 and 6, Block 2, Brooklyn Center industrial park Plat 2) The paving of parking and driving areas with 211 hot -mixed bituminous mat installed over a suitable base; installation of poured -in -place concrete curbing of at least 108 square inches of cross -sectional area along the perimeter of all parking and driving areas; screening of all mechanical equipment located on the roof; installation of grass sod, trees and shrubbery or other vegetative materials in areas not otherwise improved, including sodding in the area between the property line and the curbline of the adjacent street; irrigation systems as required by ordinance Section 35-413; drainag.ev, and utility provisions; as described on the plans as approved by the City Council on June 14, 1971. First Party understands that the approval by the City Council is further subject to the furnishing of a "performance bond" or "cash escrow" determined by the City Manager in the amount of $ 10,000.00 to guarantee the First Party's performance of the foregoing obligations. Further, the First Party agrees that the initial installation of the site improvements shall be completed on or before 11-1-71 , and that the monetary bond (or a part thereof) may be retained by the City for an additional period Up to 11-1-72 , to guarantee the maintenance of the items initially completed under this agreement. A copy of this undertaking shall be attached to the corporate surety bond and reference to this undertaking shall be made in such bond, so that no corporate surety shall assert as a defense any lack of reference in the bond to these undertakings. Wherefore, the undersigned First Party have set their hand this 8th_ day of _ _July , 19 —zl—. SHEEHY CONSTRUCTION COMPANY Witness B Witness