09-29-09 PC Minutes
Regular Meeting of the
Golden Valley Planning Commission
September 29,2009
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 Tuesday,
September 29, 2009. Chair Keysser called the meeting to order at 7 pm.
Those present were Planning Commissioners Cera, Eck, Keysser, Kluchka, McCarty,
Schmidgall and Waldhauser. Also present was Director of Planning and Development
Mark Grimes and Administrative Assistant Lisa Wittman.
1. Approval of Minutes
June 22, 2009 Regular Planning Commission Meeting
Eck and McCarty noted some typographical errors.
MOVED by Eck, seconded by Waldhauser and motion carried unanimously to approve
the June 22, 2009 minutes with the noted corrections. Chair Keysser abstained from
voting.
2. Informal Public Hearing - Zoning Code Amendment - Regarding Front Yard
Setback Requirements for Decks
Applicant: City of Golden Valley
Purpose: To allow decks to be located within 30 feet of the front yard property line
in the Single Family Zoning District (R-1)
Hogeboom stated that staff has been seeing more requests recently for decks to be
located in front yards. He explained that the City Code allows an open front porch to be
located 30 feet from a front yard property line but that decks have different requirements
even though an open front porch without a roof is considered to be a deck. He stated that
staff believes front yard decks and open front porches serve the same purpose so the
recommendation is to amend the Code to allow decks to be located within 30 feet of a
front yard property line just like open front porches.
Waldhauser questioned the language regarding a 5' x 5' landing area or stoop and asked
if front yard decks could be larger than 5' x 5'. Hogeboom explained that for a structure to
be considered a stoop or landing it has to be no larger than 25 square feet in area,
anything larger than that would be considered a deck. He added that a structure up to 25
square feet in size is allowed to be built in a setback area, however if it is larger than 25
square feet it has to meet setback requirements. Waldhauser asked how a raised patio
would be considered. Hogeboom said if it is more than 8" in height it would be considered
a deck.
Minutes of the Golden Valley Planning Commission
September 29,2009
Page 2
Keysser asked if the word deck is defined in the Zoning Code. Hogeboom said it is not
defined in the Code. However, it is common to refer to a porch as having a roof and a
deck as not having a roof.
Keysser referred to the proposed ordinance language and asked if open front porches,
along with decks, should be included in section E. Hogeboom stated that the Planning
Department has an intern who is currently working on language regarding garden
structures which might affect how open front porches are regulated.
Waldhauser asked if a person would be able to build an open front porch with a deck in
front of it. Hogeboom said with the proposed new language an open front porch and a
deck could be built together if it doesn't go closer than 30 feet to the front yard property
line.
Eck questioned if stairs leading to a deck or porch are included in the requirements.
Hogeboom said no and explained that stairs are allowed to be built in a setback area.
Kluchka asked where the definition of a deck should be placed in the ordinance. He
questioned if there should be some language added regarding locating the original or
existing grade of a lot before a deck is built to ensure that the grade isn't being built up
before a deck is built in order to get around the requirements. Hogeboom said there are
controls in place regarding the grading of property, but that language could be added to
this section of the City Code as well. Kluchka said he would like language regarding
original grade added to sections A(1) and E of the proposed new ordinance.
Cera questioned if the City would want to allow open front porches and decks to be larger
and therefore, closer than 30 feet to the property line. The Commissioners agreed they
want to see the front yard setback requirement remain 30 feet for open front porches and
decks. Grimes explained that when the language regarding open front porches was
originally discussed it was decided that 5 extra feet would be adequate space for an open
front porch.
Keysser opened the public hearing. Seeing and hearing no one wishing to comment,
Keysser closed the public hearing.
McCarty asked if the Planning Commission will be reviewing this ordinance again. Grimes
said the Planning Commission could choose to table this item in order to review any
changes made. McCarty said he is not comfortable adding language regarding the
original or existing grade of the property because this ordinance doesn't require that. He
said he likes how the proposed ordinance is currently written.
Kluchka said he thinks adding language regarding grade would be more consistent with
the rest of the City Code. Keysser suggested the language regarding grade be added
only to section E. McCarty suggested recommending approval of the ordinance as it is
written and if there is an issue with people building up their grade just to pour concrete
then the issue can be revisited.
Minutes of the Golden Valley Planning Commission
September 29, 2009
Page 3
MOVED by McCarty, seconded by Cera and motion carried 5 to 2 to recommend
approval of the Zoning Code amendment to allow decks to be located within 30 feet of the
front yard property line in the Single Family Zoning District (R-1) with the language
currently proposed by staff. Commissioners Kluchka and Waldhauser voted no.
3. Informal Public Hearing - Zoning Code Amendment - Regarding the Number
of Street Curb Cut Access Points
Applicant: City of Golden Valley
Purpose: To limit the number of street curb cut access points to one per parcel in
the Single Family Zoning District (R-1)
Hogeboom stated that during the City's Pavement Management Project there have been
several situations where people want to have more than one curb cut. He stated that it
has been city policy to only allow one curb cut. He explained that approving the proposed
ordinance would add language to the Zoning Code which would only allow one curb cut
with certain exceptions such as a having two legally constructed garages, a physical
disability which requires additional driveway access or a lot with an existing horseshoe
driveway.
Kluchka said he would rather "grandfather in" all existing driveway conditions and not just
allow for existing horseshoe driveways. He said not allowing a homeowner to keep
something they already have seems like a taking to him. Hogeboom noted that driveway
aprons are on City property, not private property. Kluchka said he would still like to allow
existing conditions to stay.
Cera asked if it is a cost issue. Hogeboom explained that there are some secondary curb
cuts that the City would like removed. Grimes added that it is a traffic issue, safety issue
and a cost issue. The City would like the homeowner to pay the additional costs
associated with second curb cuts. Waldhauser said she doesn't think it is an issue of cost
or aesthetics, she thinks the City just wants fewer cuts into the street. Cera questioned if
an underlying reason in allowing only one curb cut is impervious surface issues.
McCarty asked how this issue has been handled in the past. Hogeboom stated that the
policy has been not to allow second curb cuts but it is not officially in the City Code.
McCarty questioned if it makes sense to put this language in the City Code this far along
in the Pavement Management Program process.
Waldhauser questioned if the City wants to put these requirements in the Zoning Code
because people would then be allowed to ask for a variance. Hogeboom said another
option would be to place the requirements in a different section of the City Code where
variances aren't allowed. Cera questioned what kind of hardship would apply in
requesting a second curb cut.
Minutes of the Golden Valley Planning Commission
September 29, 2009
Page 4
Keysser asked if a person building a new home could construct a horseshoe driveway.
Hogeboom said city policy no longer allows horseshoe driveways at all.
Grimes stated that the Planning Commission could choose to table this discussion to
allow someone from Public Works to come to a meeting and talk about this issue.
McCarty said he thinks there are two separate issues. One is if it is a Public Works issue
or a Planning issue and the other is why the City limits property owners to one curb cut.
Kluchka said he doesn't think this ordinance change is a good idea. He said he doesn't
see a good reason to prevent a home owner from having more than one curb cut.
McCarty added that he is having difficulty understanding why this issue is being
addressed now when there is only a little bit of the project left.
Keysser opened the public hearing. Seeing and hearing no one wishing to comment,
Keysser closed the public hearing.
MOVED by Kluchka, seconded by Cera and motion carried unanimously to table this item
in order to obtain further clarification from the Public Works Department. Waldhauser
added that it would be helpful to see some pictures.
--Short Recess--
5. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
No reports were given.
6. Other Business
a. Planning Department Project Update
Hogeboom gave an update of current Planning Department projects. He discussed the
progress of the Comprehensive Plan update and stated that the Metropolitan Council
has received a copy of the plan and has asked the City to make several adjustments
such as streamlining the demographical forecast throughout the plan, providing
additional housing density information, creating a section of the plan wherein the City's
implementing regulations are defined, providing more detailed data concerning future
land uses, providing more detailed data concerning the City's designated
redevelopment areas and extending traffic forecasting data.
Hogeboom discussed the Douglas Drive Corridor study. He stated that the study is in its
final phase and is expected to be completed by the end of 2009. He talked about an
open house that was held in August to allow property owners a chance to view
Minutes of the Golden Valley Planning Commission
September 29,2009
Page 5
information generated by the study. He discussed a $1,050,000 allocation from Transit
for Livable Communities (TLC) to construct a sidewalk along the east side of Douglas
Drive. He explained that TLCsupports the City's proposal to construct a sidewalk along
Douglas Drive, but believes that the City must also implement other aspects of the
"complete street" philosophy into the design. The Commission discussed three lanes
versus four lanes on Douglas Drive and the timeline of the project. Grimes stated that
staff doesn't know the timeframe of the project yet, but they will be working with
MnDOT, Hennepin County and TLC on this project and will be trying to get it on the
2015 County project list.
Hogeboom discussed the Bottineau Boulevard Transitway. He explained that Hennepin
County is currently studying the feasibility of constructing a light rail transit line within
the Bottineau Boulevard/West Broadway Avenue corridor between downtown
Minneapolis and the Arbor Lakes Shopping Center in Maple Grove. He referred to a
map that showed four alignment options for Robbinsdale and Minneapolis and
discussed the issues with each option. He invited the Commissioners to attend an open
house on September 30 at the Crystal City Hall.
Hogeboom stated that the City has extended its contract with Hennepin County to
participate in the Active Living program until December 31,2010. He stated that the
planning intern, Kevin Knase, will be working on incorporating development guidelines
into city code which foster elements of active living.
Hogeboom discussed the City's interdepartmental "Green Team" and stated that the
team is working on incorporating environmentally friendly applications such as wind
energy and rain barrels into city practice and policy. He stated that the Green Team-
initiated ordinances are expected to be formally presented to the Planning Commission
in November.
7. Adjournment
The meeting was adjourned at 8:40 pm.
~kb~
Lester Eck, Secretary