A. Affordable Tires (Caring Nurses LLC) - Case# Conditional Use Permit for tire installation and auto repair at rd Avenue North

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1 APPROVED MINUTES MINUTES OF THE BROOKLYN PARK PLANNING COMMISSION REGULAR MEETING March 09, 2016 Approved Minutes 1. CALL TO ORDER The meeting was called to order at 7:00 p.m. 2. ROLL CALL/ PLEDGE OF ALLEGIANCE Those present were: Commissioners West-Hafner, Hanson, Fletcher, Jacobson, Kisch, Schmidt, and Stuewe; City Council Liaison Jordan; Senior Planner Larson; and Planning Director Sherman Those not present: Commissioners Cupka and Morton-Spears 3. EXPLANATION BY CHAIR 4. APPROVAL OF AGENDA MOTION HANSON SECOND FLETCHER TO APPROVE THE MARCH 09, 2016 AGENDA. MOTION CARRIED UNANIMOUSLY 5. CONSENT A. None 6. PUBLIC HEARING A. Affordable Tires (Caring Nurses LLC) - Case# Conditional Use Permit for tire installation and auto repair at rd Avenue North Senior Planner Larson stated that Toll Gas was in this location for many years. There are a lot of building issues that the applicant will be correcting with their remodel. Since nothing has been done with this property in several years, staff is recommending some conditions. The trash enclosure needs some updating and some doors, the wall mounted lights should be replaced with downward facing lights, there are some craters in the parking lot that should be patched, the parking lot needs to be re-striped, and the landscaping needs to be trimmed up. City zoning code requires that all vehicles that are parked on site during the day need to be Page 1 of 7

2 operable and properly licensed and staff recommends there are no customer vehicles allowed overnight, consistent with other auto repair businesses in town. Bob Eddy, st Avenue North in Plymouth, Minnesota, approached the podium. He stated that they plan to fully comply with the stipulations staff mentioned. Commission Chair West-Hafner opened the public hearing. Seeing no one approach the podium, she closed the public hearing. Commissioner Schmidt asked Mr. Eddy what improvements they were going to start off with to meet the conditions recommended by staff. He also asked about the request for parking for company vehicles and overnight customer drop off spaces and how they will comply with the requirement of no overnight customer parking. Mr. Eddy stated that originally they talked about requesting overnight parking but decided against that after speaking with staff. He stated that most of their work will be one day service with light auto repair. There will be a couple of bays in the buildings and they can keep a couple of vehicles inside overnight if necessary. He stated that a couple of the updates they are going to start with are replacing the lights right away, building a new trash enclosure and repairing the potholes and doing the striping in the parking lot. They will also take care of the landscaping right away. MOTION HANSON SECOND JACOBSON TO RECOMMEND APPROVAL OF CONDITIONAL USE PERMIT # FOR TIRE INSTALLATION AND AUTO REPAIR AT RD AVENUE NORTH, SUBJECT TO CONDITIONS IN THE DRAFT RESOLUTION. MOTION CARRIED UNANIMOUSLY Chair West-Hafner stated that this application will be considered by the City Council on March 28, B. Jason and Gretchen Pruett Variance (#16-103) to exceed the number of structures allowed and to exceed the total square foot of accessory structure permitted on lots greater than one acre at 8015 Sunkist Boulevard North. Planning Director Sherman stated that this applicant requested a Variance last year which the Planning Commission recommended not move forward. The City Council then denied the request but asked staff to work with the property owner to try and come up with a solution. Staff believes that with the recommendation they put forward both parties have given a little and staff believes this will work. The applicant did get approval of a Variance for the solar structure on their property. With the ordinance change related to sustainable practices, it would not be necessary to have a variance because the solar array is not considered a structure. Staff would not be asking that it be included in the two structures staff is requiring them to be limited to. The property is larger than most of the properties around it at 1.66 acres. There are provisions in the zoning code for accessory structures on parcels both less than an acre and over an acre. The applicant asked staff to Page 2 of 7

3 consider their lot size when deciding how much square footage they would be allowed and staff did look at that. The site would allow 2,490 square feet of accessory structure as opposed to the 1,500 square feet that is allowed by code for any lot over one acre in size. Staff recommends that they be allowed to build the structure they are requesting, which is a larger structure located on the rear of the property. Staff would also like to allow them to choose which other structure they want to keep in addition to the attached garage and the new structure. The difference between this application and their previous one is that originally they had talked about putting a large addition on the home as well as a large attached structure with a large overhead door that would have created a line along the street. Moving the structure to the back of the lot is much more in keeping with the other buildings in the neighborhood. Other parcels surrounding the site have a similar set up with a larger building in the rear. Staff is recommending approval for the size of the structure but not the request to have additional structures. The applicant, Jason Pruett, approached the podium. He stated that he has remedied a lot of the issues that concerned his neighbors and were brought to his attention by the city and will continue to work on the others. He stated that he did send out a flyer to his neighbors about his plans and talked with those that would talk to him. He stated that he two times doubled his leased space so a lot of the equipment and such is gone. He asked if the Planning Commission could consider letting him keep three detached structures which is only ninety two feet greater than the square footage that is recommended by staff. Commission Chair West-Hafner opened the public hearing. Dan Corey, 8025 Sunkist Boulevard, approached the podium. He stated that the site plan only shows two buildings but he lives next door and he is showing four to five small buildings. They line up ten feet from the property line. He stated that some of the applicant s stuff is right on the property line and he would like these items removed or moved into the back. He stated that the view from his patio and deck is right in line with all of these items. He asked if approving this means that Pruett can put his bucket trucks from his tree business in there as this means it looks like he is running his business from his back yard. He stated that he believes there is an ordinance that says you can t run a business out of your back yard in a residential neighborhood. He stated that he does not want the trucks coming and going through the neighborhood all the time. He stated that he opposes this and wants to know what the purpose of this building is. Joanne Rietschel, 8020 Sunkist Boulevard, approached the podium. She stated that she does not want these trucks running up and down the streets. She stated that she has lived there for over forty years and they have had to pay to have the street replaced twice and she is not willing to replace it a third time. She asked what he is storing in the building with those large overhead doors and stated that she is afraid he will also be storing his trucks in there that today she saw running in and out of his yard. Bruce Waage, 8000 West River Road, approached the podium. He stated that he has lived in that neighborhood for over thirty years and that last year his garage burned down and he wanted to build a larger garage. He stated that he was told he could not do that as it was considered a non-conforming structure, as it would be bigger than the house. He stated that this seems to be turning this residential neighborhood into a commercial neighborhood and it is a detriment to the neighborhood. He stated that he already has to look at the huge solar panels every time he goes into his back yard or swims in his pool. Page 3 of 7

4 Dick Michaud, 7945 Sunkist Boulevard, approached the podium. He stated that he has lived in the neighborhood for fifty nine years and there has never been much noise in the neighborhood. He stated that the other day they ran some heavy equipment on the applicants property for over three hours during the late morning, early afternoon. He stated that he can t understand why, if he is not storing his trucks in there, he would need such a large overhead door. Seeing no one else approach the podium, Chair Hafner closed the public hearing. Commissioner Schmidt asked staff to address the zoning code changes that were made several years ago about parking commercial vehicles on residential properties. Planning Director Sherman stated that the site has many things going on and she will address them separately. The first issue is the number of accessory structures and on this property those are grandfathered in because they were there before the city code put in restrictions on their number. The city has rules and a licensing process for home occupation businesses and they are allowed in the city. There are restrictions on how they operate, such as one employee can report there. But having commercial vehicles on a residential property is allowed as long as they are parked inside. If his truck fits in the building, it is allowed. Commissioner Schmidt asked Mr. Pruett where he is going to put an access into this new building. Mr. Pruett stated that one already exists. Commissioner Schmidt asked Mr. Pruett what he plans to use the building for because his concern is that the neighbors have a problem with this request because of the commercial vehicles. He stated that if this is for commercial vehicles, he is against this in a residential neighborhood. Mr. Pruett stated that when he moved into this property in 2011 he owned two trucks and now he owns more than that and they are not parked on the property. He stated that he has only one truck now that he uses for business as well as for personal use. He stated that the building will be a combination of personal and business equipment. Commissioner Schmidt asked what size personal work truck Mr. Pruett drives to which he answered a one ton truck. Commissioner Schmidt stated to Mr. Pruett that he is not willing to alter the number of buildings that are allowed. Commissioner Hanson asked Mr. Pruett where his commercial space is that he is leasing and how long the lease is for. Mr. Pruett advised that it is located one block to the west and he has a sort of a negotiable three year lease. Commissioner Hanson asked staff if there is a permit for a home business at this property and what code violations Mr. Pruett still needs to address. Planning Director Sherman stated that they have been reissued the home business permit. Mr. Pruett stated that there are two fuel tanks on the property that must be removed by June first and that he will be removing them by that date. There is also a carport that will be removed by June first as well as a vinyl lean-to that will be removed. Commissioner Hanson asked staff about the gravel driveway and what the ordinance is. Planning Director Sherman stated that what is already there is grandfathered in and can stay. Any new driveway will need to be paved. Commissioner Kisch re-enforced than he is not in favor of more than two accessory structures being allowed. He stated that he would like to see a condition added that this will not be approved until the code violations Page 4 of 7

5 have been taken care of and the two structures have been removed. He stated that the size of this new building is possibly too large for a residential neighborhood. Commissioner Fletcher stated he believes this could set a precedence regarding this whole concept of proportional compliance with city code especially on larger commercial properties as well as residential ones and he is not in favor of that. Commissioner Jacobson asked what the ordinance says regarding stored commercial vehicles and the number of trips in and out they could be making because if they can come and go all day that would be a concern for her if she was a neighbor. Planning Director Sherman stated that the city does not regulate the number of times vehicles can come and go during the day for either residential or commercial properties. She stated that there is really no way to regulate it from a practicality perspective. Commissioner Jacobson asked Mr. Pruett what he would anticipate to be the number of trips that could happen in any given day. Mr. Pruett stated that he works on job sites three days a week and works in the office two days a week, which means no in and out with the trucks. On the weekends he is normally in the office or out bidding jobs. Typically it has been about three times a day, but with the new storage coming it will be less and less. Commissioner Jacobson asked Mr. Pruett if he plans to store his large truck and chipper in the new storage facility and bring it in and out every day for work. He stated no, it would not be practical for work purposes. He would like to be able to store it in there in the winter when it would just stay in there all winter. Commissioner Stuewe stated that she feels the maximum of two accessory spaces is enough and she is also concerned about the long drive to the building in the back. She stated that she would like to see it moved forward more. Mr. Pruett stated that he has tried to find the best spot for the building and he would like it closer also but he is trying to stay as far away from the neighboring properties as possible. Commissioner West-Hafner stated that she also would not support keeping the extra accessory structures and she also has a hard time with the access piece of this with the building being so far back there. She stated that she does understand though that the neighbors do not want to see the structure. Commissioner Schmidt stated that he disagrees with the comment in the Variance request stating that this will not alter the essential character of the neighborhood or the area. He stated that if this were to pass he would not be in favor of the building being any higher than the house. He stated that he thinks the thing that keeps getting missed here is that this is a residential neighborhood, this is where people live, and it is not the place where people operate this type of a business. He stated that he has real concerns that this is just going to create more problems for Mr. Pruett and for the neighborhood. MOTION FLETCHER SECOND HANSON TO RECOMMEND DENIAL OF VARIANCES TO EXCEED THE NUMBER OF Page 5 of 7

6 STRUCTURES ALLOWED AND TO EXCEED THE TOTAL SQUARE FOOT OF ACCESSORY STRUCTURE PERMITTED ON LOTS GREATER THAN ONE ACRE MOTION APPROVED: 6 AYE 1 NAY Chair West-Hafner stated that this application will be considered by the City Council on March 28, DISCUSSION ITEMS A. None 8. OTHER BUSINESS A. Approval of Minutes- February 10, 2016 minutes MOTION FLETCHER SECOND HANSON TO APPROVE THE MINUTES FROM THE FEBRUARY 10, 2016 PLANNING COMMISSION MEETING. MOTION CARRIED UNANIMOUSLY 9. INFORMATION ITEMS A. LRT Community Update Planning Director Sherman stated that the City Council passed the Municipal Consent for both the rail project and for the West Broadway re-construction which means that all of the cities along the corridor have passed the Municipal Consent. Now it will move forward in the design process and it is eligible for federal funding applications. The stationary planning is wrapping up it will likely be coming to the Planning Commission at the April work session. B. Commission Comments Commissioner Hanson stated that the special events park task force met last night and looked at some preliminary plans that will now go to staff to get their input before the task force moves forward with an RFP. As part of the RFP they are looking at having five or six 3-D drawings done of the park to show to the community. She stated for people watching the meeting that they have only been working on this project for four to six months and they are still in the infancy stages. There are questions being asked like where will the money come from and what will be at the park. They are working through the process and those answers will come in time. 10. ADJOURNMENT Chair West-Hafner adjourned the meeting at 8:13 p.m. Respectfully submitted, Page 6 of 7

7 Kathy Valez, Planning Assistant Page 7 of 7