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10-24-08 PC Agenda AGENDA Planning Commission Regular Meeting Golden Valley City Hall, 7800 Golden Valley Road Council Chambers Monday, November 24, 2008 7pm 1. Approval of Minutes a. November 10, 2008 Regular Planning Commission Meeting 2. Presentation of Capital Improvement Program 2009-2013 - Sue Virnig, City Finance Director 3. Short Recess 4. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings 5. Other Business 6. Adjournment Regular Meeting of the Golden Valley Planning Commission November 10, 2008 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, November 10, 2008. Chair Keysser called the meeting to order at 7:30 pm. Those present were Plannihg Commissioners Cera, Eck, Keysser, Kluchka, McCarty, Schmidgall and Waldhauser. Also present was Director of Planning and Development Mark Grimes, City Planner Joe Hogeboom and Administrative Assistant Lisa Wittman. 1. Approval of Minutes October 13, 2008 Regular Planning Commissio Eck referred to paragraph eight on page four and should be changed to the word "now". . MOVED by Eck, seconded by Waldhauser approve the October 13 minutes with t 2. Informal Public Hearing - North - Z005-02 Applicant: Address: rezoning the property from Single Family Zoning . ) to Moderate Density Residential Zoning District . e applicant is requesting to rezone her property from Single (R-1) to Moderate Density Residential (R-2). He noted that the area -1 and added that the applicant recently purchased the house which oreclosure. Grimes explained that from the time the house was built in 1958 until 1998 the house was used as a two family home. After that time the house was converted to a single family home so it lost its legally non-conforming status. He explained that when the house was built the zoning code allowed duplexes as a permitted use in the R-1 zoning district. Approximately 30 years ago the zoning code was amended to allow only single family homes in the R-1 zoning district causing all existing duplexes to become legally non-conforming. Grimes referred to the recent history of the property and explained that in September there was work being done in the house without a building permit and a stop work order Minutes of the Golden Valley Planning Commission November 10, 2008 Page 2 was issued. He stated that the City did issue a building permit to allow some work to be done in the basement due to severe water damage which would have to be done whether the house is a one or two family home. Grimes referred to a survey of the property and noted that it meets all of the requirements of the R-2 zoning district and it is designated low density on the General Land Use Plan map and a two family home would be considered low density. He stated that the zoning code doesn't have specific issues to consider when a rezoning is requested but that some of the issues he considered are that the Comprehensive Plan is designated properly for a two family home (Low Density Reside . . less than 5 units per acre), the house was legally built in 1958 before the zo was amended to only allow single family homes, the house looks r e 'th two front doors, etc. and there are several other duplexes in the are f maybe a larger area should be considered for rezoning rather tha erty. He added that if the City Council chooses not to rezone thi is really being taken away from the applicant because the house can s a single family home. He explained that he did not make a reco taff report because he can see both sides of this issue and how t . be considered "spot zoning". Keysser questioned a specific duplex' Planning Commission in the past. the area are "grandfathered in". referring to is a residential fac' . the R-1 zoning district. d been brought before the ng non-conforming duplexes in ught the house Keysser was r fewer people which is a permitted use in Eck asked how the Cit home. Grimes stated t information. n existing duplex is converted into a single family ell by looking at utility bills and/or building permit port regarding Grimes informing a realtor that this house plex. Grimes stated that he was informed by a neighbor that keted as a two family home in 2007. He wrote a letter to the ing him that this house could not be sold as a duplex without rty first. He added that sometime after he spoke with this realtor that in 0 foreclosure so he does not know how the house was marketed to Eck asked if there is anything specific that needs to be done to a house to make it be considered a single family home versus a two family home. Grimes explained that once the wall was removed between the two sides of the house it was considered to be a single family home. Charmaine Schodde, Applicant, stated that the MLS listing of the house when she bought it said the property could be converted into a duplex. She said she spoke with someone at the City before she bought the house and was informed of the procedure Minutes of the Golden Valley Planning Commission November 10, 2008 Page 3 required to rezone it from R-1 to R-2 and that is what she is in the process of doing. She said she was led to believe that rezoning this property would not be a problem. She stated that the house was built as a duplex. It looks like a duplex. It has two front doors, two kitchens, two gas meters, two furnaces and separate utilities and that is why she would like to have the property rezoned. She added that the property has a very large lot and there are several other duplexes in the area. She added that this is a very stable, family oriented area not a rental community. She explained that whoever lived in the house before she bought went through the foreclosure process. The heat was shut off but the water was left on causing the pipes to burst and water to bust out the windows causing extensive water damage. She stated that her pia' live in one side of the house and have her daughter live in the other side of the Keysser asked if the MLS listing stated that the property w Schodde said no. Eck referred to Ms. Schodde saying that she called the procedure to rezone the property. He asked Schott property would need to be rezoned. Schodde duplex and she believed it would not be a pr sed the od that the id the house looked like a e property to R-2. Keysser stated that the applicant's da applicant without having to rezone t and that her daughter living with eventually like to rent out half an live in the house with the e explained that she lost her job rary situation and she would order to make the home more affordable. ue ' h, said she has spent quite a bit of time in the g that the house was totally renovated into a single ears ago. She stated that the second kitchen was to a bedroom and that the second stairway was removed s far as she can tell the applicant has put a second stairway ildly opposed to this property being rezoned to R-2 because it in the past and it is has been a single family home for several 20 Scott Avenue North, said he is an architect and understands city codes. erred to Subdivision 11.90 of the Golden Valley city code regarding non- conforming uses and stated that it is very clear that a non-conforming use can exist and continue as long as it is used in the same non-conforming way. He said it is also clear how the non-conforming status is lost. He said there has been no hardship shown in order to change the zoning on this property and if this property is rezoned it would be considered "spot" zoning which is typically not the preferred method of zoning. Charles Christianson, 3376 Scott Avenue North, said he can confirm the history of the house which was spoken about by Lee Johnston. He said he is concerned about Minutes of the Golden Valley Planning Commission November 10,2008 Page 4 property values.and rental units in the neighborhood. He said he is also concerned about the applicant purchasing the house in a manner that wasn't really valid. Waldhauser noted that the Planning Commission also received a letter from Kevin Boedigheimer, homeowner at 5240 33rd Avenue North. Keysser summarized the letter received and stated that Mr. Boedigheimer strongly opposes this rezoning request because he is concerned about the property values and setting a precedent. McCarty referred to the people who have stated that the home has been converted to a single family home and questioned how they are able to verify this. Johnston said she is friends with the previous owner and her for daycare so she has been in the house many times. o this house Keysser asked Johnston if she saw that the kitchen an Johnston said yes. Christianson said he also had his chi and he has only seen one kitchen but he has not b n emoved. re at this house the house. Schodde stated that there was a kitchen do cabinets that had already been pulled out. e appliances and Keysser asked Grimes how many u home. Grimes stated that up to f allowed to live in a single family Ie can rent a single family home. Schodde said it seems like th living in the area and not' property be a rental pr cerns are regarding the type of people is a duplex. She said she could have the s like a duplex not like a single family home. Keysser reiterate rezoned. Schodde property bec referred h and m ant that she has other options if this property is not ave to think about what she is going to do with the thinking it would not be a problem to rezone it. She bout property values and stated that she has put a lot of time this property. d the legal issues regarding "spot" zoning. Grimes said he would talk y about "spot" zoning but he is not sure if that would be an argument ot because a two family home would still be considered low density. Kluchka asked about crime in the neighborhood. Grimes said he did not do any research regarding crime and that nothing has been mentioned to him regarding crime in the area. Kluchka asked if crime is ever a consideration in zoning issues. Grimes said crime is not usually a consideration is zoning issues. Eck said notwithstanding that this was obviously built as a two family home and looks like a two family home he would not be in favor of rezoning this property to R-2 because it would be "spot" zoning. Minutes of the Golden Valley Planning Commission November 10,2008 Page 5 Keysser stated that if the City does rezone the property and the house is torn down in the future a new two family home could be built. He noted that the whole block is single family homes and that the other duplexes in the area are around the corner. Cera stated that the General Land Use plan has the area designated for single family (R-1) residential which means that is what is planned for the area. . Waldhauser said this is a very nice, quiet single family neighborhood and she thinks the best use of the area is single family residential. She added however that a duplex can fit in a single family neighborhood especially if the owner lives on one side and is cognizant of who is living next door. e City can allowing ermit. o family ed that the lar omes want to divide me up with a way to Kluchka said he is also not in favor of this rezoning but he qu encourage higher density and more affordable housing. H different types of housing in the R-1 zoning district with a Grimes stated that the :z:oning code would have to be a homes as a conditional use in the R-1 zoning district. W Planning Commission has seen requests where pt1\~ them into apartment for parents, etc. and hop address these types of issues in Golden Val Schmidgall said he feels for the appli the real estate agent but he is not i done in the house without obtain' "spot" zoning so he would like was misrepresented to her by IS request because work was it first and he is not comfortable with roperty zoned as it is. McCarty said he is also Keysser agreed and r burden of homeo applicant does have other options for sharing the anning Commission recommends denial of this request following findings: 1) Scott Avenue is clearly a single family has already been converted back to a single family home, 3) the ion is uncomfortable with "spot" zoning and 4) the applicant has other Ie to make it more affordable. Waldhauser said she thinks finding number four should be removed. The Commissioners agreed. MOVED by Keysser, seconded by Waldhauser and motion carried unanimously to recommend denial of the applicant's request to rezone the property at 3335 Scott Avenue North from Single Family Zoning District (R-1) to Moderate Density Residential Zoning District (R-2) ---Short Recess--- Minutes of the Golden Valley Planning Commission November 10, 2008 Page 6 3. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings Waldhauser discussed a recent MnAPA conference she attended. 4. Other Business Kluchka asked for an update on whether a PUD has to correspond underlying zoning. Grimes said he was still looking into it. Lester Eck, Secretary 5. Adjournment The meeting was adjourned at 8:35 pm