pc-minutes-09-27-2023
REGULAR MEETING MINUTES
This meeting was conducted in a hybrid format with in‐person and remote options for attending,
participating, and commenting. The City used Webex to conduct this meeting and members of the
public were able to monitor the meetings by watching it on Comcast cable channel 16, by streaming it
on CCXmedia.org, or by dialing in to the public call‐in line.
1. Call to Order
The meeting was called to order at 6:30 pm by Vice‐Chair Ruby.
Roll Call
Commissioners present: A. Barnstorff, B. Fricke, G. Cohen, M. McCormick, B. Meredith,
M. Ruby, C. Segelbaum
Commissioners absent: A. Brookins
Staff present: Jason Zimmerman – Planning Manager
Council Liaison: Denise La Mere‐Anderson
2. Land Acknowledgement
3. Approval of Agenda
MOTION made by Commissioner Cohen, seconded by Commissioner Segelbaum, to approve the
agenda of September 27, 2023.
MOTION CARRIED
4. Approval of Minutes
September 11, 2023, Regular Meeting
MOTION made by Commissioner Segelbaum, seconded by Commissioner McCormick, to approve the
minutes of September 11, 2023.
MOTION CARRIED
5. Informal Public Hearing – Extension of Outdoor Service Area Permit for Schuller’s Tavern
Address: 7345 Country Club Drive
Applicant: Paul Jacob
Jason Zimmerman – Planning Manager, started with an introduction of Schuller’s, and the tavern’s
request. He offered a zoning background on the location and it being in an area zoned R1, and the
operation is a non‐conforming use.
Staff provided a background on the outdoor service area permit that was approved in 2022 and it
was initially approved by Council to remain valid for one year with a possible extension covering two
September 27, 2023 – 6:30 pm
Council Chambers
Hybrid
City of Golden Valley Planning Commission Regular Meeting
September 27, 2023 – 6:30 pm
2
years at a time. The reason for this process was further explained as this is a commercial use in a
residential area. Staff discussed the process of creating temporary outdoor uses in the zoning code.
At this time the outdoor service area use is up for review and this allows staff to consider any
necessary conditions to prevent or minimize impact. Staff listed the eight factors, adding a couple are
no longer needed and two conditions to mitigate noise and light are relevant.
Recommended Action
Staff recommends approval of an extension to Outdoor Service Area Permit #1, allowing for
continued outdoor dining at 7345 Country Club Drive, subject to the following conditions:
1. The extended term for the outdoor service area permit shall be for two years from issuance,
at which time application must be made for an additional extension or else the use shall be
discontinued.
2. No amplifier or outdoor speaker system may be used in association with the patio or any
live music performance.
3. Use of the patio must conclude by 10 pm, at which time all patio lighting must be
extinguished.
Commissioner Segelbaum asked how staff came up with the 2‐year condition. Staff responded that
when the code language was adopted, Council was cautious and allowed 2‐year extensions are the
max for now. That may change in the future. Segelbaum asked if the tavern has maintained
compliance and what complaints the City has received as a result of this conditioned use. Staff
responded there have not been any complaints and prior to this meeting, staff reached out to police,
fire, public works, etc and no department has received complaints. In fact, staff received positive
comments from folks that have eaten there.
Vice‐Chair Ruby invited the applicant to speak.
Paul and Mark Jacob – applicants, gave a background and this patio was about a 30‐year process.
Their father bought this location in the 80’s and the plan was all his idea. The applicant pointed out
the sound barriers created to shield the direct neighbors from noise and direct excess noise towards
the golf course. The applicant also noted the 10pm patio cut off and added that the time was self‐
imposed. The patio has created a more family‐oriented setting and the patio was always the goal to
add to the tavern, not to rezone the area to commercial. The applicants added their commitment to
staying in this location and staying in the City.
Segelbaum asked if the applicants had any issues meeting the restrictions imposed by the temporary
use. The applicants responded that they hadn’t, and in fact operate this location’s patio similar to the
others. The only addition is coming before the Planning Commission and Council regularly to renew.
The applicants closed by adding that every summer, Schuller’s sees a dip in sales in the summer and
the goal of this patio was to prevent that. In the first year, they were already successful and business
remained steady.
Vice‐Chair Ruby opened the public hearing at 6:48.
City of Golden Valley Planning Commission Regular Meeting
September 27, 2023 – 6:30 pm
3
Vice‐Chair Ruby noted there were no Golden Valley Speaks comments left prior to the meeting and
that staff did not receive comments otherwise in advance.
Vice‐Chair Ruby invited in person commenters to speak first.
There were no in person commenters.
Vice‐Chair Ruby invited remote callers to speak.
There were no remote callers.
Vice‐Chair Ruby closed the public comment portion at 6:50pm.
Vice‐Chair Ruby opened Commissioner discussion.
Commissioner Cohen noted that what has been put in place is working, magnified by the fact that
there are no complaints. Cohen added that he drove by with his windows down and the patio was
full and he didn’t hear any noise and likes the idea of making the extension longer than 2 years.
Commissioner McCormick added that patio seating is a great addition to the City and suspects there
would be more complaints if the patio closed. McCormick echoed Cohen’s statement that it would
be nice to have the extension last more than two years. Commissioner Meredith noted that he
cycles past the space and has utilized the patio, adding that he’s impressed with how well the
applicants maintain the property. Meredith also said making the extension last 5 years is advisable.
Commissioner Segelbaum mentioned a condition on acoustic music and said he is in favor of striking
that while adding a condition on excessive volume. McCormick asked if there were comments when
this was first passed about specific kinds of music. Staff responded they didn’t recall concerns about
music types but there was general concern about noise: music noise, car noise, people on the patio
etc. McCormick suggested the acoustic condition remain. Segelbaum pointed that he didn’t recall
concern about amplified music versus acoustic, and rather was suggesting a condition on volume
level, regardless of type.
Staff chimed in that live musicians can have small speakers for music and the restriction on sound
system speakers was to prevent overhead noise from orders being called out to the patio. Vice‐Chair
Ruby summarized and suggested the group offer more flexibility and not restrict more. As long as
they’re at a reasonable volume, maybe strike the second condition. The conversation continued
around volume restriction language and other areas where this is addressed. Commissioner
Barnstorff echoed the positive statements from earlier about the patio’s contribution to the area.
She added support making language more lenient around speakers and noise while noting the
applicant’s willingness to put restraints on themselves and ensure they’re not disruptive to the
community around them. The group and applicant discussed Council’s language at approval and
noted that background music was allowed. Staff found previous CC language that confirmed this and
the decision to strike the second condition was made.
MOTION made by Commissioner Cohen, seconded by Commissioner Meredith, to recommend
approval of an extension to Outdoor Service Area Permit #1, allowing for continued outdoor dining
at 7345 Country Club Drive, subject to the following conditions:
1. The extended term for the outdoor service area permit shall be for two years from
issuance, at which time application must be made for an additional extension or else the
use shall be discontinued.
City of Golden Valley Planning Commission Regular Meeting
September 27, 2023 – 6:30 pm
4
2. Use of the patio must conclude by 10 pm, at which time all patio lighting must be
extinguished.
And amending staff’s recommendation by eliminating the condition that states: No amplifier or
outdoor speaker system may be used in association with the patio or any live music performance.
MOTION CARRIED
6. Discussion – Site Plan Review
Jason Zimmerman – Planning Manager, reminded the group that this conversation was presented at
the last meeting and gave a brief synopsis. For this meeting, he provided examples of site plan review
sections for other cities. He spoke more about how their process goes, compared to what Golden
Valley is currently doing and would like to do. Part of this process will be navigating where the
Planning Commission comes in to play for Mixed‐Use zoning. Staff went on to point out the areas
called out in the packet and offered direction to the commissioners on what pieces of information
are open to interpretation and thus could use input.
Zimmerman went on to discuss facades, code intent versus requirement, fees, review timelines, and
appeal processes.
Vice‐Chair Ruby reviewed the fee schedule for a concept plan meeting. He asked if the fee was for
one meeting or if it was the same fee for any consecutive meetings as well. Staff responded it is a
single fee for one concept plan meeting as after that meeting the concept is either approved or
directed to be altered. If the latter, then the contractor/developer works on a new concept and sets
up a new concept plan meeting. Ruby followed by asking how often this situation comes up.
Zimmerman responded he’s worked for the City for 10 years and has had three Mixed‐Use site
review plans come before the City.
The conversation continued on the benefit of setting expectations and how codified the process will
be. Staff noted that expectations will be in code but Commission interpretations, feedback, and how
that applies won’t be in code.
– End of Televised Portion of Meeting –
7. Council Liaison Report
Council Member La Mere‐Anderson was not present. Zimmerman summarized the discussion at the
last Council Work Session where potential changes to the Home Occupation regulations were
discussed. The Council agreed to revisit the topic in January and decide then if they want to add it as
a work item for 2024.
8. Other Business
Commissioner Barnstorff will be the representative to the BZA for October.
9. Adjournment
Meeting adjourned at 7:58pm.
________________________________
________________________________ Secretary, Mary McCormick
Amie Kolesar, Planning Assistant