02-22-10 PC Agenda
AGENDA
Planning Commission
Regular Meeting
Golden Valley City Hall, 7800 Golden Valley Road
Council Chambers
Monday, February 22, 2010
7pm
1. Approval of Minutes
a. January 25, 2010 Regular Planning Commission Meeting
2. Continued Informal Public Hearing - Conditional Use Permit
Amendment #1 - 850 Florida Avenue South - CU-95
a. Applicant: 3rd Lair Skatepark, Mark Muller
b. Address: 850 Florida Avenue South
c. Purpose: To allow for the existing skate park to be open 24 hours a day,
7 days a week for special events and to reduce the required number of
parking spaces.
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
This document is available in alternate formats upon a 72-hour request. Please call
763-593-8006 (TTY: 763-593-3968) to make a request. Examples of alternate formats
may include large print, electronic, Braille, audiocassette, etc.
Regular Meeting of the
Golden Valley Planning Commission
January 25, 2010
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,
January 25, 2010. Chair Keysser called the meeting to order at 7 pm.
Those present were Planning Commissioners Cera, Eck, Keysser, Kluchka, McCarty and
Schmidgall. Also present was Director of Planning and Development Mark. Grimes, City
Planner Joe Hogeboom and Administrative Assistant Lisa Wittman. COl!l'jlmissioner
Waldhauser was absent.
1. Approval of Minutes
January 11, 2010 Regular Planning Commission Meeti;ng
Eck noted some typographical errors.
MOVED by Eck, seconded by Keysser and motibh carriedunanirnously to approve the
January 11, 2010 minutes with corrections.
2. Informal Public Hearing - ConC!litiona se Permit - 7575 Golden Valley
Road - CU-126
tion
Address: 7575 Golden
Purpose: To .aIlpw the>applicant to place two satellite dishes on the roof in the
Business andPrbf~~~ional Offices Zoning District.
Grimes explain
Road an
on the Pb
becausei
Pel!. it applr
vanfRadio is going to be leasing space at 7575 Golden Valley
to do their broadcasts they need to install two satellite dishes
. e stated that staff is recommending approval of the proposal
et$.with the ten factors of analysis used when reviewing a Conditional Use
n;
Keysser(;lskeq>if the satellite dishes will be lit. Grimes said no, only towers or dishes that
75 to 100 feet in height need to be lit.
Eck asked if there is a code that specifically deals with satellite dishes. Grimes explained
that the Building Code addresses items attached to roofs and that the City will also
require a report from a licensed structural engineer.
Brian Acker, General Manager, Relevant Radio, stated that they are currently leasing
space at 919 Lilac Drive. They are in the process of downsizing their operation and they
want to stay in Golden Valley so they are pursuing leasing space at 7575 Golden Valley
Road. He peiterated that there will be no lights on the proposed satellite dishes.
Minutes of the Golden Valley Planning Commission
January 25, 2010
Page 2
McCarty asked Acker if there is the potential that they would increase their staff. Acker
said yes, and explained that their production department moved to Green Bay so they are
able to downsize their Golden Valley location.
Keysser opened the public hearing. Seeing and hearing no one wishing to comment,
Keysser closed the public hearing.
Kluchka suggesting adding the following two conditions of approval: 1) the satellite dishes
cannot be used for signage and 2) the satellite dishes are required to b moved if this
business moves from this location. Grimes stated that the City's curre Ign coqe doesn't
allow signs to be located on roofs. He added that language could be adqed to the
conditions of approval that the dishes must be removed if they ar~abandoned or if they
are serving no business purpose. Acker stated that their lease with th~\propef'tybwner
already states that if they move from this location the satellit$dishe~have to be removed.
MOVED by Cera, seconded by McCarty and motion car~l~d unal'1imou~!~:to recommend
approval of the request to allow the applicant to place twO 'satellite dishes on the roof at
7575 Golden Valley Road with the following conditions:
1. The satellite dishes may not be artificially illuminated, unless required by law or the
Federal Aviation Administration.
2. The placement, design, use, and operation of the satellite dishes must comply with the
Telecommunications Act of 1996 and the fulesofthe Federal Communications
Commission.
3. Each satellite dish must not
4. The satellite dishes mus
The dishes must conf
5. The satellite dishes m
by this applicant
6. All other applica
e meters in diameter.
by a licensed professional structural engineer.
, Building Code.
,from the rooftop when they are no longer needed
and federal requirements shall be met at all times.
3. Inf al Public Hearing - Conditional Use Permit Amendment #1 - 9400
Go Valley Road - CU-121
Office, LLC
9400 Golden Valley Road
Purpose: To allow the existing employee only daycare to accommodate up to 20
children rather than the approved 10 children in the Business and Professional
Offices Zoning District.
Grimes stated that the City issued a Conditional Use Permit to the applicant in 2008 to
allow for the operation of an employee only daycare center for 10 children. The daycare
center has been successful and now the applicant is asking to increase the amount of
children allowed to 20. The daycare would remain only for the children of employees.
Minutes of the Golden Valley Planning Commission
January 25, 2010
Page 3
He added that the Deputy Fire Marshal would like to see a report from an architect
showing the daycare center meets the fire code requirements.
Keysser asked if there have been any issues from the Department of Health regarding
the daycare operation. Grimes said no.
Rebecca Thomley, CEO, RHT Office LLC, stated that when they first started the
daycare the first 6 months were slow but now it is full. She added that the daycare is for
employees only and the people using the daycare are already in the building.so traffic
will not increase. She submitted a copy of the report done by her architect per' the
Deputy Fire Marshal's request.
Cheryl Vennerstrom, COO, RHT Office LLC, explained how
their type of daycare license if this proposal is approved. Sh~/.a
social service agency so they understand the licensing process.
have t hange
hat they are a
Cera asked if the existing daycare space will be eX8@eded/;~hort1!.ey showed the
Commissioners a floor plan and explained how they wiHpe recon~iguring the existing
space.
Eck noted that when the original Conditional Use Permit V'(~S approved in 2008 the
applicant noted that the space could ac~ommodate 28Cnildren. He asked if that was
still true. Vennerstrom explained ths ~e< coulcl.accommodate 28 children, but
they still need to apply for a sligh en e of license to increase the number of
children.
Keysser opened the pub!"
Keysser closed the publi
earil1ll9. Se~ing and hearing no one wishing to comment,
earing.
McCarty suggested
applicant won'tbave
they would like to/am
'1'1 whatever number of children the State allows so the
ranother amendment. Keysser asked the applicants if
eir proposal to allow for 28 children. Vennerstrom said yes.
MOVED by
approval to
u 28 chil
by Kluchka and motion carried unanimously to recommend
#121 to allow the existing employee only daycare to accommodate
4. Inf6rm~U Public Hearing - Minor Subdivision - 100 Brunswick Avenue
North - SU12-12
Applicant: Peter Miller
Address: 100 Brunswick Avenue North
Purpose: The subdivision would create two separate lots for the construction of
two new homes. (The existing home will be removed.)
Minutes of the Golden Valley Planning Commission
January 25, 2010
Page 4
Grimes referred to a location map of the property and explained that the applicant would
like to subdivide his existing 29,000 square foot lot into two lots approximately 15,000
square feet in size which is 45% to 50% larger than the Subdivision Code requires. He
explained that the applicant would have 180 days after preliminary plat approval to
remove the existing home and submit the final plat. He reminded the Commission of a
subdivision that was done in this area a few years ago and noted that there was
discussion at the time about the possibility of owners within the Tralee area adding deed
restrictions to eliminate or control the splitting of lots, but he is not aware of any
covenants being placed on lots in this area. He added that staff is recomrT;1ending
approval of the subdivision request because the applicant's proposall1i1eets alli~t the
City's requirements.
Kluchka asked if there have been any requests from the applic~nt for~ny special
considerations. Grimes said no variances are being requested. He explained that as a
result of the infill study many things were changed in the Sin9le Family Zoning District and
the applicant is meeting all the code requirements.
Peter Miller, Applicant, stated that he has been aGolden Valley resident for 11 years and
he would like to subdivide his property. He asked if he cOLllg wait until after the final plat is
approved to demolish the existing house. Grime xplaine at the Subdivision Code
states that the final plat must be filed 180da r' ry plat approval and the final
plat couldn't be approved if the existingihouse sUI e property.
Miller asked if he could have an
decision to extend that deadlin
approval.
n to>the 180 day rule. Grimes explained that the
uld pe mad~py the City Council after preliminary plat
Keysser opened the public hearing.
Peggy Newstrom, 6a~J!=mwo.og Avenue, said she remembers the controversy of the
subdivision on utac s ~0 a few years ago and she is disappointed with the height of
those homes.>.......aiis~e is d the height issue has been addressed since then. She
said the p~ I"1:Y in>q~estipn has not been very well maintained. The porch is collapsing,
only halt.oft 'ainted and there are dead trees. She said the lot is wooded and
the treesar d she would like them to stay.
Jim Fredkove,26 Paisley Lane, said he is not agreeing or disagreeing with the proposal
he just ~~~.t~....l!'ore information. He said he moved to this neighborhood because it has
large lots with trees. He said it sounds like the applicant is complying with all the City's
requirements and he is also concerned about losing existing trees. He asked if the
proposed new homes would be rental homes and if they were he would object to that.
David Spencer, 211 Cutacross ~oad, asked if Brunswick Avenue has been reconstructed
yet. Keysser said yes~ Spencer said that street reconstruction will start soon on Cutacross
~oad and Paisley Lane and the construction of the proposed new houses will have to be
monitored so it won't conflict with the street reconstruction. He asked if the cul-de-sac on
Brunswick Avenue is large enough for this proposal and said he is also concerned about
Minutes of the Golden Valley Planning Commission
January 25, 2010
Page 5
the mature trees being maintained. He asked about the square footage of the proposed
homes and said it would be nice to know what they are going to look like.
John Segner, 125 Paisley Lane, said he echoes the same concerns as the people who
spoke before him. He said the first time he heard about this subdivision was from the
hearing notice he received in the mail, which he feels is a flaw in the process. He said he
realizes at some point this neighborhood will change and he appreciates the changes that
have been made to the Zoning Code since the last subdivision in this neighborhood. He
said he is all for private property rights, but he doesn't like that somethi is significant
can change in the neighborhood with only a week and a half notice.
Miller showed the Commissioners a tentative plan of the footpri~~s6f thEfpfoposed homes
and explained that there would still be a lot of land and trees around th.e hou~~.s.
Keysser asked about the size and price of the proposed new homes. Miller said they will
be custom homes, 3,200 to 4,200 square feet in size aJil.q apprO~.imately$650,000 to
$750,000 in price. He said it is not his plan to have th~ home~. b~~ome rental properties
and he would also like to preserve as many trees.aspOssible.KE}~sser mentioned that
Miller will have to submit a tree preservation plan.
Seeing and hearing no one else wishing to comment, Keysser closed the public hearing.
Kluchka asked if the proposed new homes helve to)pe owner-occupied or if they could be
rental properties. Grimes stated tthe.ho s could be rental properties if they have the
proper licensing but at the price e ng posed he doubts they'll be rental
properties.
t operty owners about the upcoming street
construction teams are working together. Grimes noted
qy been reconstructed and that there is a very detailed
freconstruction available through the Public Works
Kluchka asked if the
reconstruction to m
that Brunswick Ave
process in placE}.reg
Department.
Kluchkaas Department feels about the size of the Brunswick Avenue
cul-de-sac. s reit ated that Brunswick Avenue was recently reconstructed and
WOJil't need~!3Y revision as a result of this proposed subdivision due to the minimal
num r of ho s the road serves.
Kluchka how much notice is given to the surrounding property owners. Grimes
stated that state statute requires cities to give 10 days notice for public hearings and to
notif~ property owners within 250 feet of the subject property. Golden Valley notifies
property owners within 500 feet and there are two public hearings when considering a
subdivision. He added that the subject property has been zoned Residential and guided
on the General Land Use Plan map for single family residential homes for many years
and this proposal is consistent with those designations. Kluchka suggested that hearing
notices include directions on how to research the City's requirements and codes. Grimes
stated that the City's website could be added to the hearing notices.
Minutes of the Golden Valley Planning Commission
January 25, 2010
Page 6
Eck referred to the concerns regarding tree preservation and it has been the City's
experience that builders try to maintain as many trees as possible because trees add
value to property.
MOVED by McCarty, seconded by Eck and motion carried unanimously to recommend
approval of the request to subdivide the property located at 100 Brunswick Avenue North
into two lots with the following conditions:
1. The final plat of the minor subdivision shall be consistent with the preJimin!3ry plan
submitted with the subdivision application.
2. The comments in the memo from City Engineer Jeff Oliver, PE, to
Director of Planning and Development, dated January 21,20 , sha
this approval.
3. A park dedication fee shall be paid at time of final plat a
shall be determined by the City Council.
4. The existing house must be removed prior to final
5. Informal Public Hearing - Zoning Cod~Amendment - Garden Structure
Requirements in the Definitions, Si. l~iF=amily (R-1) and Moderate Density
Residential (R-2) Zoning Districts S ons.of. Code
Applicant: City of Golden Vall~y
Purpose: To amend the
Zoning Districts regar~imgJ
Sing" Fam:ily and R-2 Moderate Density Residential
~(:Jaition of garden structure requirements
Grimes explained that thisi~.agr~posal to amend the Single Family (R-1) and Moderate
Density (R-2) Zonin~.[)istrictp~cause staff has come across some garden structures
located in front yards. H~r~vieVlt~d the proposed language and stated that the proposed
setbacks wouldibe 5 feet he front yard property line, 5 feet from the side and rear
yard property line$.an eet of separation between detached structures, similar to
other acc
e s would be included in this proposed new language. Grimes said
w language would be for pergolas, arbors, etc.
Schmid~~U s he would like to see examples of some existing garden structures.
Kluchka sug sted including pictures in the staff report when this item goes before the
City Council.
Schmidgall said he thinks these types of garden structures are basically transparent so
they shouldn't cause any visual obstruction. Cera questioned corner visibility especially if
the garden structures are covered in vines. He suggested requiring a 7 or 10 foot setback
instead of the proposed 5 foot setback. Kluchka said he feels garden structures should
have the same requirements as bushes. McCarty clarified that the garden structures
Minutes of the Golden Valley Planning Commission
January 25, 2010
Page 7
would be 5 or 10 feet away from the property line, not the curb. Schmidgall said he would
like to setback requirement to be 5 feet as is being proposed.
Keysser opened the public hearing. Seeing and hearing no one wishing to comment,
Keysser closed the public hearing.
McCarty referred to the proposed ordinance and stated that he would like the word "must"
to be replaced with "shall" throughout the document for consistency. He said he would
also like the language regarding height limitations to be the same in botqth -1 and R-2
sections.
Eck referred to the language regarding the location requirement~<tilnd Saiqiqe thinks that
some of the language that was struck should not have been. SJ:)ecifically the language
stating that an accessory structure may be built no closer to the frontsetback as the
principal structure. Grimes said the language will be corrected before this goes to the City
Council.
--Sh
MOVED by Schmidgall, seconded by McCarty a
approval to amend the R-1 Single Family and R
Districts regarding the addition of garden structu
voted no.
6. Reports on Meetings of ta,eFlousin nd Redevelopment Authority, City
Council, Board of Zonin.g<Appe~ls and other Meetings
Grimes reported that the planning Dep;;irtment is working with the Environmental
Commission to look at solid waste hauling and the options available to the City.
Hogeboom explaine that th ty's municipal recycling contract is up for renewal in
December 2011, so cil asked that staff look and how other cities handle
their waste ma ge e said he would send the Planning Commission a
copy of the pre ati the Environmental Commission and a timeline of the
study.
Kluchka porteo on lheiDistrict 281 Divestiture Committee meetings he has attended.
7. Other Business
No other b
ss was discussed.
8. Adjournment
The meeting was adjourned at 8:26 pm.
Lester Eck, Secretary
Planning
763-593-8095 I 763-593-8109 (fax)
Date:
February 19, 2010
To:
Planning Commission
From:
Joe Hogeboom, City Planner
Subject:
Continued Informal Public Hearing on a Proposed Amendment to Conditional
Use Permit CUP-95, to Allow for 24-Hour Operation at 850 Florida Avenue South
- Mark Muller (3rd lair Skate Park), Applicant
Background
Mr. Mark Muller, associate with 3rd lair Skate Park, attended the January meeting of the
Planning Commission seeking to amend Conditional Use Permit (CUP) #95. The proposed
amendment would allow 3rd lair Skate Park's hours of operations to be extended. The
proposed amendment would also decrease the number of required on-site parking spaces.
Currently, the facility is allowed to operate between the hours of 9 am and 10 pm and must
have 50 on-site parking spaces.
The Planning Commission tabled the proposal and requested that a more thorough building
and fire code analysis be completed by the applicant, and that the applicant meet with
Planning Department staff, the Deputy Fire Marshal, and the Police Chief. This meeting
occurred on January 21, 2010. Staff was unable to agree to support the applicant's proposal.
The applicant provided a thorough code analysis to Deputy Fire Marshal Ed Anderson. In
addition to identifying several changes that must be made to the property, the analysis found
that only four parking spaces can be built onsite if adequate emergency access is to be
provided. Deputy Anderson, as well as Police Chief Stacy Altonen, will be in attendance at the
Public Hearing to discuss this matter in further detail.
Recommended Action
Based on prior violations of the existing Conditional Use Permit, staff is recommending that the
applicant be denied the request to increase hours of operation.
Staff recommends denial of the applicant's request to reduce the on-site parking requirement
as proposed. Staff feels that 25 dedicated, year-round, parking spaces for the business would
1
be adequate for the site. Staff suggests allowing the applicant to obtain a parking access
agreement from 715 Florida Avenue that would allow the 3rd Lair to use at least 21 parking
spaces. Approval of the reduced parking request is subject to the following conditions:
1. The parking area must allow space for a screened dumpster. The screened dumpster must
be approved by the Building Official.
2. The parking area must comply with American with Disability Act standards, including
providing adequate handicapped-accessible parking.
3. A signed and notarized agreement for parking access must be obtained from the owners of
715 Florida Avenue South. This document must allow the use of at least 21 parking spaces
for the 3rd Lair. The document must be provided to the City by June 1, 2010.
4. Proof must be provided that 25 total striped stalls exist and are usable by June 1, 2010.
Attachments:
Location Map (1 page)
Planning Commission Minutes, dated January 11, 2010 (6 pages)
Letter from Senator Ellen Anderson, dated February 15,2010 (1 page)
Memo to Planning Commission dated January 7,2010 (2 pages)
Conditional Use Permit No. 95, dated June 4,2002 (2 pages)
Applicant's Narrative (1 page)
Memo from Police Chief Stacy Altonen, dated December 15, 2009 (1 page)
Memo from Deputy Fire Marshal Ed Anderson, dated December 3,2009 (1 page)
Letter from Mark Saliterman, dated January 7, 2010 (2 pages)
Site Plans (2 pages)
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Regular Meeting of the
Golden Valley Planning Commission
January 11, 2010
A regular meeting of the Planning Commission was held at the Golden Valley City Hall,
Council Chambers, 7800 Golden Valley oad, Golden Valley, Minnesota, on Monday,
Jan ry 11, 2010. Chair Keysser called e meeting to order at 7:05 pm.
ners Eck, Keysser, Schmidgall and Waldhauser.
Development Mark Grimes, Cit lanner Joe
isa Wittman. Commissione era, Kluchka and
Those pres t were Planning Commissi
Also present w Director of Planning a
Hogeboom and A . istrative Assistant
McCarty were absent.
1. Approval of Minutes
and stated the word "need" should be
Eck referred to the last sentence on
changed to "needs".
Eck referr to the last sentence on pag
the wor 'from".
M ED by Eck, seconded by Waldhaus and motion carried unanimously to
ovember 23,2009 minutes with the abo e noted correction.
2. Informal Public Hearing - Conditional Use Permit Amendment #1 -
850 Florida Avenue South - CU-95
Applicant: 3rd Lair Skatepark, Mark Muller
Address: 850 Florida Avenue South
Purpose: To allow for the existing skate park to be open 24 hours a day, 7 days a
week for special events
Hogeboom explained the applicant's request to amend their existing Conditional Use
Permit (CUP) to allow them to be open 24 hours a day for special events and to reduce
their required number of parking spaces from 50 spaces to 5 spaces in the summer and 25
spaces in the winter.
He referred to Police Chief Altonen's memo included in the agenda packet and discussed
some of her concerns regarding crowd control and safety.
Minutes of the Golden Valley Planning Commission
January 11, 2010
Page 2
He stated that in regard to the request for fewer parking spaces planning staff realizes that
the current requirement of 50 spaces may be too much, so staff is recommending the
applicant have 25 parking spaces available year-round. He referred to his memo and
discussed the recommended conditions of approval which include: providing a screened
dumpster, complying with the American with Disabilities Act by providing adequate
handicapped-accessible parking and providing 25 striped parking spaces.
Keysser asked how many parking spaces the applicant has currently. Hogeboom said he
wasn't sure but he doesn't think they have the 50 spaces they are required to have.
Keysser asked if the applicant meets the conditions in their current CUP and with Fire
Department requirements. Hogeboom said they are not in compliance with their existing
CUP and he thinks there have been on-going issues with the Fire Department
requirements.
Eck referred to a site plan of the property and asked for clarification regarding the number
of parking spaces shown on the plan. Grimes explained that in the past, the applicant's
demand for parking has decreased in the summer months. He stated that there have been
various issues regarding outdoor storage, parking, signage and the overnight events being
held without permission, and that the applicant has been asked to address these issues.
Eck asked if there have ever been the required 50 designated parking spaces on this
property. Grimes said yes, originally there were 50 parking spaces and that over time skate
board ramps have taken over several of the parking spaces.
Mark Muller, Applicant, introduced his business partners Matt Parrish and Mark Rodriguez.
He referred to the Deputy Fire Marshal's memo and stated that all of conditions listed in his
memo have been met. He stated that he has had a code analysis done and life safety
issues are being met. He explained that their total occupancy load is 494 and that Deputy
Fire Marshal, Ed Anderson, wants each separate area to have occupancy load signs
posted, which he is willing to do.
Muller gave a history of his business and stated that they are proud of their history, their
ability to provide a safe environment and how their presence has added to Golden Valley.
He stated that over the past few years their admissions have been lower so their special
events and "all-nighters" have become increasingly important. He stated that they have
been hosting "all-nighters" approximately 6 to 8 times per year for 13 years. He explained
that approximately 50 to 75 kids attend the "all-nighters". The kids are dropped off by their
parents and the doors are locked so the kids cannot come and go as they please, however
parents are allowed to pick their child up during the night if they wish.
Schmidgall asked when the "all-nighters" occur. Muller stated they occur on Saturday
nights starting at 9 pm and ending at 7 am on Sunday mornings. He stated that they
occasionally have parents that stay with their children or volunteer at the events. He noted
that a new form of revenue for them has been to rent out their facility for industry events
and photo shoots. He said he understands that they need better safety implemented but
they are proud of their safety record. He added that he would like to have a minimum of 20
Minutes of the Golden Valley Planning Commission
January 11, 2010
Page 3
"all-nighters" per year. Muller referred to Police Chief Altonen's memo and stated that he
thinks she is misinformed and doesn't seem to understand that these events are for kids,
are completely staffed and are drug and alcohol free.
Schmidgall asked Muller if he would have any objection to giving the Police Chief 30 days
notice of the all night events. Muller said he would have no objection to giving her
notification and in fact she currently receives notification of the "all-nighters". He explained
that the all night events are planned months in advance and are posted on the 3rd Lair
website and sent to a bulk emaillist.
Eck said he doesn't see anything in the existing CUP that gives the applicant permission to
have the all night events. Muller stated that the all night events have been a part of his
business plan since the beginning and it is his understanding that he is allowed to have the
all night events. Keysser noted that the CUP is very clear about what is allowed and that
the issues in the Police Chief's memo are valid concerns that could cause significant risk.
Grimes explained that staff heard about an all night event held last September and that the
applicant was allowed to have his special event that one time. Schmidgall noted that that if
the applicant has been having the all night events since he moved to his Golden Valley
location that means there have been 40 to 50 events up to this point. Muller agreed that
some of the Police Chiefs concerns are valid and reiterated that it was his understanding
that he could hold the all night events as he's been doing. Eck asked Muller where he got
his understanding that he could have all night events. Muller reiterated that the all night
events have always been a part of his business plan. Grimes explained that the all night
events may have been part of the applicant's business plan, but they have never been a
part of the Conditional Use Permit.
Keysser referred to Deputy Fire Marshal Ed Anderson's concerns and asked Muller to
address them one by one. Muller referred to Anderson's first comment regarding an
occupancy capacity calculation and explained that they had a code analysis done in 2002.
Muller referred to Anderson's second comment regarding outdoor occupancy and
explained that this is a new requirement and he will address the issue. Muller referred to
Anderson's third comment regarding egress and explained that egress issues were
addressed when the original Conditional Use Permit was obtained and that no egresses or
walkways have changed at all. Muller referred to Anderson's fourth and fifth comments
regarding fire code regulations and annual fire alarm and fire suppression system
inspections and stated that Anderson receives annual reports as requested. Muller referred
to the issue of obtaining a food license and explained that he receives a temporary special
event food license every time he has an event and he is not required to have a permanent
food license.
Muller stated that life safety issues are his number one issue. He discussed the safety
procedures followed during his all night events including requiring waiver forms, safety gear
and emergency contact information for every child.
Schmidgall asked about the age of the children at the all night events. Muller stated that the
average age child at an "all-nighter" is 8 to 12 years old. He added that if the child is
younger the parents typically stay at the event with them.
Minutes of the Golden Valley Planning Commission
January 11, 2010
Page 4
Muller referred to his proposal regarding the reduction of parking spaces. He stated that
over the last 7 years the designated parking spaces have decreased in response to their
customer's needs. He said that during past summer months there would be kids skating in
the parking lot which wasn't safe so they determined the safest and best use would be to
turn some of the existing unused parking spaces into an attraction and an area for more
outdoor skating space. He explained that there is an agreement with the City in place that
allows Golden Valley residents to use the outdoor skating area free of charge during the
summer months.
Keysser asked if there was permission granted by the City to take away 25 of the existing
parking spaces. Muller said no and added that the outdoor skating area just evolved due to
the result of kids dragging the ramps into the parking areas and kids wanting to skate
outside during the summer. He stated that he doesn't want to change the outdoor skating
area back into parking spaces because it is a benefit to their business and to Golden
Valley. He added that he has talked to the neighboring property owner to the east about
renting some of their parking spaces if they are needed or required. Eck said he doesn't
understand why the applicant needs to rent parking spaces and yet he is asking to reduce
the required amount of parking spaces. Mark Rodriguez, Muller's business partner,
explained that they would only need to rent parking spaces for large events and if the City
requires them to have 25 parking spaces all year long as opposed to having 5 spaces in
the summer and 25 spaces in the winter as requested. Schmidgall questioned how the
parking requirements went from 50 spaces to 25 spaces. Grimes explained that there were
no parking requirements in place regarding this type of use when it was originally approved
and 50 spaces seemed reasonable at the time. He stated that 25 spaces seem to be
working well and he feels 25 year-round parking spaces now seem reasonable.
Schmidgall referred to the letter submitted by the property owner to the north. Muller said to
his knowledge there has never been anyone towed from the parking lot to the north. He
stated that there are signs posted in that lot that say "No 3rd Lair parking". Rodriguez stated
that he thinks the issues with the property to the north occur when there are events at 3rd
Lair. He explained that they tell their customers, and make announcements at their events,
letting customers know that they should not park in the lot to the north. Muller said he
agrees that the property owner to the north should tow cars if they are parking in his lot.
Grimes stated that he is concerned about the location and screening of the dumpster, the
handicap access parking spaces being blocked with picnic tables and about there being
enough room for emergency vehicles to access the site with the way cars have been
parking. He stated that he has spoken with the applicant in the past about these issues and
he would like them to be addressed. Schmidgall asked if there are handicapped parking
signs posted. Muller said yes.
Keysser suggested that the applicants have a meeting with staff to discuss the issues that
have been raised. Muller stated that he has spoken with the Deputy Fire Marshal, but that
the Police Chief has not agreed to meet with them. Hogeboom said he would work on
getting a meeting set up.
Minutes of the Golden Valley Planning Commission
January 11, 2010
Page 5
Muller showed the Commissioners some video clips of a previous "all-nighter". Waldhauser
asked if the likelihood of injuries goes up when the kids are up all night skating. Rodriguez
said no, there haven't been more injuries during the all night events.
Keysser opened the public hearing.
Mark Rodriquez stated that he has skated at 3rd Lair since 1997. He said he appreciates
the Planning Commission listening to their proposal and he understands that some rules
have been broken based on their ignorance, but he hopes the City will see what they do as
beneficial because most property owners don't want skateboarders destroying their
property. He stated that the impact of their business on these kids is huge and he hopes
the City understands that. He added that they do their best to keep their ramps maintained
and that their skate park is one of the best in the state. He added that they are going to do
everything they can to satisfy any issues or concerns.
Seeing and hearing no one else wishing to comment, Keysser closed the public hearing.
Eck stated he thinks the applicants provide a service and are trying to do a good job but it
seems that there are enough issues with this proposal that he would like to have police and
fire representation at a meeting or at least have something in writing from them because
Mr. Muller has said that he has met the police and fire requirements.
Waldhauser said she is not sure if staffs concerns are boilerplate issues or genuine
concerns regarding this use. She said the Planning Commission doesn't typically look
favorably on businesses that don't comply with the conditions in their permits but she thinks
this is a good activity to have in Golden Valley for this particular age group. She said 3rd
Lair is an asset to the community and she wants it to be safe and successful so it is
unfortunate that there are so many outstanding issues. She said she gives the owners the
benefit of the doubt in not knowing what was required of them, but she is concerned about
the Police Chiefs issues and would support this request with the Police Chiefs conditions.
Grimes reiterated his concerns about the parking issues and would like to see staff's
concerns addressed before this proposal is approved. Keysser said he appreciates the
applicants wanting outdoor space for their ramps and asked Grimes what he sees as a
compromise. Grimes stated that there can't be items stored in required parking spaces and
he wants to make sure all of the safety requirements are met. He said he is not sure where
the discrepancy between the applicant and the Deputy Fire Marshal is because he talked
with the Deputy Fire Marshal last week and was told that the issues in his memo still need
to be addressed but the applicant is saying that the items have already been addressed.
He said he has to listen to staff and go with staff's recommendations.
Keysser agreed that there are some unanswered questions and suggested tabling the item
to clear up some of the ambiguous issues. Waldhauser suggested that the applicants also
get a parking plan with the neighboring property in place too.
Minutes of the Golden Valley Planning Commission
January 11, 2010
Page 6
Schmidgall agreed that there are too many loose ends in this proposal. Eck said he doesn't
think anyone on the Commission is questioning the applicant's desire to do a good job they
just need to get some clarification.
Hogeboom reiterated that he would start working on setting up a meeting with staff and the
applicants.
MOVED by Eck, seconded by Waldhauser and motion carried unanimously to table the
applicant's request.
--Short Recess--
tings of the Housing and Redevelopment Authority, City
of Zoning Appeals and other Meetings
4.
5.
Lester Eck, Secretary
SENATOR ELLEN R. ANDERSON
District 66 - St. Paul and Falcon Heights
120 State Capitol Building
75 Rev. Dr. Martin Luther King, Jr. Blvd.
St. Paul, :MN 55155-1606
Phone: (651) 296-5537
E-mail: www.senate.mn/senatorandersonemail
Senate
State of Minnesota
February 15, 2010
To:
City of Golden VallOW.' Commission Members
Golden Valley City Co' rs
Senator Ellen Anders n 't'.fi
3rd Lair Skateboard P
From:
Subject:
I write in support of3rd Lair Skateboard Park_ I'm very familiar with the park because
my children and a number of their friends have spent many days at 3rd Lair.
I've found the park and its staff to be very welcoming and helpful. The park is a safe and
positive environment for kids, teenagers, and young adults. Even though skateboarding
is not a traditional sport, I have found my older son puts as much determination,
discipline, and stamina into skateboarding as my younger son does playing hockey. It
takes a great deal of skill and athleticism to excel at skateboarding.
Kids these days are desperately short on physical activity and often lack safe and positive
environments, especially in the winter, where they can be active.
Unfortunately, we don't have an indoor skateboard park in the east metro so we spend a .
lot oftime driving to Golden Valley. Fortunately for your community, we spend a lot of
money at 3rd Lair and all the local restaurants.
I hope you will be able to support 3rd Lair's permit request that will allow them to
maintain hours of operation they need to be a successful business and to provide a safe
place at night for young adults_
cc: Senator Ron Latz
Representative Ryan Winkler
3 rd Lair Skateboard Park
ft
~~
COMMITTEES: Chair, Envlronment, Energy & Natural Resources Budget Division' Energy, Utilities, Technology &
Corrununications . Envlronment and Natural Resources' E-12 Education Policy and Budget Division · Finance
COMMISSIONS: Legislative-Citizen Commission on Minnesota Resources (LCCMR) . Legislative Energy Commission ·
Lessard-Sarns Outdoor Heritage Council
S~J)
Recyoled Paper
J(fJf,Posl.
CCYflslI:m.er Fiber
Hey
Planning
763-593-8095 I 763-593-8109 (fax)
Date:
January 7,2010
To:
Planning Commission
From:
Joe Hogeboom, City Planner
Subject:
Informal Public Hearing on a Proposed Amendment to Conditional Use Permit
CUP-95, to Allow for 24-Hour Operation at 850 Florida Avenue South - Mark
Muller (3rd Lair Skate Park), Applicant
Background
Mr. Mark Muller, associate with 3rd Lair Skate Park, has requested an amendment to
Conditional Use Permit (CUP) 95 which would allow 24 hour per day operation of the facility.
The CUP, obtained June 4,2002, allows the facility to operate between the hours of 9 am to
10 pm. The property, zoned Industrial at the time of original CUP approval, is now included in
the 1-394 Mixed Use Zoning District. In addition, the applicant is also requesting a reduction in
parking spaces on the site.
Proposed Amendment
According to the applicant, posted public hours would be changed to 9 am to midnight.
However, under this proposal, the applicant requests the ability to allow the facility to be rented
out for special events over night.
Also, the CUP requires 50 striped parking spaces on the premises. The applicant is requesting
that this number be reduced to 5 striped parking spaces in the summer months and 25 striped
parking spaces in the winter months. The applicant states that a high percentage of clientele
are not of driving age, and therefore do not require parking spaces.
Recommended Action
The Planning Department has reviewed the applicant's request as well as the Public Safety
Department's response to the request. Based upon Police Chief Stacy Altonen's report, staff is
recommending that the applicant be denied the request to increase hours of operation.
1
The Planning Department also recommends denial of the applicant's request to reduce the on-
site parking requirement as proposed. However, staff does recommend amending the CUP to
allow 25 striped parking spaces, year-round, with the following conditions:
1. The parking area must allow space for a screened dumpster. The screened dumpster
must be approved by the Building Official.
2. The parking area must comply with American with Disability Act standards, including
providing adequate handicapped-accessible parking.
3. Proof must be provided that 25 striped stalls exist and are usable by June 1, 2010.
Additionally, the Fire Department has expressed concern over safety issues within the building.
Staff recommends that the following conditions be met prior to the approval of any amendment
to the CUP:
1. The applicant must provide to the Fire Department an occupancy capacity calculation to
determine the means of egress in accordance with the Minnesota State Fire Code. This
capacity calculation shall include, but not be limited to, the standing room and seating
capacity of the entire structure. The occupancy capacity calculation information
shall be submitted to the Fire Department from a registered architect that is
licensed in the State of Minnesota.
2. The applicant must provide an occupant load that accounts for both the interior of the
building as well as the outdoor area of the site.
3. The applicant must provide proof that the egress system for the building meets the
requirement of the Minnesota State Fire Code.
4. The fire alarm and fire suppression system located in the building shall be tested and
inspected annually. The result of the previous annual test must be submitted to the Fire
Department for review.
5. The applicant must obtain a license for selling food from Hennepin County. A copy of
the license must be provided to the Fire Department.
Attachments:
Location Map ( 1 page)
Conditional Use Permit No. 95, dated June 4, 2002 (2 pages)
Applicant's Narrative (1 page)
Memo from Police Chief Stacy Altonen, dated December 15, 2009 (1 page)
Memo from Deputy Fire Marshal Ed Anderson, dated December 3,2009 (1 page)
Letter from Mark Saliterman, dated January 7, 2010 (2 pages)
Site Plans (2 pages)
2
.,
CITY OF GOLDEN VALLEY
CONDITIONAL USE PERMIT
No. 02-95
Date of Approval:
June 4, 2002 bvthe City Council inaccotdance with
Sec. 11.10, Subd.2and Section 11.30 of City Code
3rd Lairlnc. - Mark Muller .
Issued To:
Approved Location:
Approved. Conditional
Use:
Conditions of Approval:
1. No parking shall be allowed within the landscape areas.
.850 Florida Avenue South, Golden Vallev. MN
To allow a skate park in the I ndustrial Zoning. District
2. Any signage for the building must meet the signage requirements of the City's
Inspection Department.
3. The outside dumpster must be screened from view with materials compatible with
the building.
4. The fencing around the outdoor skating area shall have screening made of a high
grade mesh material (similar to a tennis court) to lessen noise and visual impacts.
5. All deliveries shall take place between 8:00A.M and 2:00 P.M. Monday through
Friday.
6. Bicycle racks for at least 20 bicycles shall be provided.
7. Whenever possible, private individual and group lessons shall be scheduled before
opening hours on $aturdaysor Sundays.
8. No outside music, loud speakers, or public address systems will be allowed,
except for occasional public safety announcements.
9. The pro shop shall remain a secondary use to the recreational uses of the facUity
af"ld shall occupy no more than 600 square feet of the building.
10. The parking lot shall be. striped so as to provide for 50 parking spaces.
11. If the Director of Planning and Development determines that more parking spaces
are needed, the applicants will be required to lease parking areas from businesses
within 500 feet of this bUilding. If the applicants are unable to obtain leasing
agreements,. the outdoor skating area will be used for parking.
.
12. Ifthe Director of Planning and Development determines that parking is becoming
congested during sessions, the time between sessions may be lengthened so as to
alleviate this congestion.
13. Operating hours shall be from 9:00 AM to1 0:00 PM daily.
Failure to comply with one ormore of the above conditions shall be grounds for
revocation. of the.conditional use permit.
Warning: This permit does not exempt you from all other City Code provisions,
regulations, and ordinances.
Issued by:
Mark Grimes, Director of Planning and Development
10/12/09
To: Mark Grimes, City of Golden Valley
From: Mark Muller, 3rd Lair SkatePark
Re: Amendments on Conditional Use Permit
Mark -
Attached is our application for the Conditional Use Permit. As we discussed here are our
proposed amendments:
1. We would like permission to be open 24 hours a day - 7 days a week.
a. Our 'Open to the Public Hours' will remain 9:00am - Midnight, everyday
of the week
1. We will occasionally rent out the facility before or after these
hours to individuals and corporations for events such as video or
photo shoots, private practice, and private parties, etc.
2. We would like permission to reduce the number of required parking spaces
a. Summer - 5 on site parking spaces
b. Winter - 25 on site parking spaces
i. A very high percentage (80 - 90%) of our clientele is not old
enough to drive. Most of our clientele is dropped off and picked
up by parents (year round)
1. Weare able to secure overflow parking in our neighbors
lots if needed/required
Please let me know how to proceed from here.
Thank you -
"
Mark Muller '
Golden Valley
Police Department
763-593-8079 I 763-593-8098 (fax)
Date:
December 15, 2009
To:
Mark Grimes, Director of Planning and Development
From:
Stacy Altonen, Chief of Police
Proposed Changes to 3rd Lair Conditional Use Permit
Subject:
It is my understanding that 3rd Lair Skate Park has applied for an amended Conditional Use
Permit, inclusive of allowing the business to be open all night to host private parties. I would
like to formalize my opposition to this proposed amendment, on the basis of crowd control and
safety concerns.
In previous dealings with 3rd Lair, it has become apparent that existing conditions of permitted
use have been violated on several occasions, including being over-capacity, parking and
remaining open for business beyond allowable hours of operation. I am not confident the
current owners/managers have an overriding eye toward the safety of all patrons and
employees. To that end, I have serious concerns about authorizing the business to host
overnight parties, as the Police Department would have no knowledge of the size or nature of
the parties, and would only learn of poorly planned events (in terms of number of guests and
activities) after something went wrong and officers were forced to respond to a problem.
The City of Golden Valley requires advance knowledge and a security detail for certain events
held at Brookview Community Center. This requirement is in place so the City can screen
proposed activities to avoid foreseeable crowd and safety issues. The typical 3rd Lair
customer is a young juvenile demographic, often without onsite parental supervision. To
expose these customers to dangerous business operations without regulatory oversight would
almost certainly be viewed as negligence and deliberate indifference on the part of the City of
Golden Valley. If the City of Golden Valley is inclined to grant an amended Conditional Use
Permit to 3rd Lair, I would at least request the implementation of a screening and approval
process for all proposed events prior to authorizing the event so that the Police Department
would have some prior knowledge of the anticipated crowd size and type of event being
hosted. Any police security needs should come at the expense of 3rd Lair.
I would welcome the opportunity to discuss this issue further should you or Council wish to do
so.
ire Depa~H~y
urn
Fire Department
763-593-8065 I 763-593-8098 (fax)
To: Mark Grimes, Director of Planning and Development
From: Ed Anderson, Deputy Fire Marshal
Subject: CUP Amendment, CU95-A 1 Application
Date: December 3, 2009
The Golden Valley Fire Department staff has reviewed the application for the Conditional Use
Permit CU95-A 1 amendment for the 3rd Lair Skate Park, located at 850 Florida Avenue
South.
The Golden Valley Fire Department comments are as follows:
1. Provide to the fire department an occupancy capacity calculation to determine the
means of egress in accordance with the Minnesota State Fire Code. This capacity
calculation shall include, but not limited to, the standing room and seating capacity of
the entire structure. The occupancy capacity calculation information shall be submitted
to the Golden Valley Fire Department from a registered architect that is licensed in the
State of Minnesota.
2. The outdoor area to be used by persons in this complex and in addition to the
occupants of the building, the path of egress travel from the outdoor area passing
through the building needs of egress requirements for the building shall be based on
the sum of the occupant loads of the building plus the outdoor areas.
3. The egress system for the building shall meet the requirements of the Minnesota State
Fire Code.
4. The current building site shall meet the fire code regulations in accordance with the
Minnesota State Fire Code.
5. The fire alarm and fire suppression system located in the building shall be tested and
inspected annually. The annual test result shall be submitted to the Golden Valley Fire
Department for review.
If you have any questions, please contact me at 763-593-8065 or eanderson(QJci.qolden-
valleV.mn.us.
, Jan. 7. 2010 11:43AM
..'"TEAM
" ", PROPERTIES,INC.
4725 Hi'ghway 7
St..Lou.is Park, MN 55416
Office: 952-920~8555
Fax: ~(52~54B-98g0
vIsion Dank
No. 1594 P. 2
o_e9
~~~~
January'?, 2010
City of Golden Valley
Attn: Linda R. Loomis, Mayor
Attn: City'Manager
Attn: Planning Commission
, Don Keysser, Chair
David cera
LesEck
John Kluchka
Dean McCarty
SteveSchmid~1
Cathy Waldhauser
Mark Grimes, Director of Planning and Dev~lopment
Re: , 800 Florida Avenue South
, . Propos81 ,for Skateboard Park
, Dear Golden Valley City Officials:
I am writing to express my concerns regarding the attached skateboard park proposed for 800
" Florida Ave. S. I own the adjacent property at 7~O Florida Avenue South and my tenants and I have
already experienceq sen9J!,~J:!tQblems with, intr\1si~tts.2:P the property by the occupants of 800
Florida:TWIn be out oftown onIanuary'Tlthwheii"tbe Planning Commission will be conducting
" the informill. public hearing but wanted to share niy thoughts and those of my tenants.
In general, I find the proposal before the Commission to be ridiculous and discriminatory. I was
planning on adding an addition on to my existing building to provide my food shelf tenant with
, needed additional space. I was told not to bother applying for a permit for the expansion since we
cowdti.ot compl)' with the parldng requirements.
, However~ in the proposal for 800 Florida before you, the Commission is stiggesting that almost 00
parking is needed by our neighbors due to a "hardship" exception. When I discussed the expansion
fo~the food shelf, I was told I don't have olie. Wha4 exactiy, is the hardship applicable to the
btisinessoPeration at 800 Florida? Is a nonprofit food shelf less important than a for profit skate
park and less deserving ofthe City's consideration?
Approval of the proposal for 800 Florida Avenue is discriminatory in another way as well. When I
attem.pted to,exercise my rights under an e~emen~ agreement between me and owner of the old
J an. 7. 20 1 0 11: 43 AM
VI sian Dank
No, 1594 p, 3
Crown Packaging building to the west and fonna11y subdivide the parcels. (effectively, splitting
the driveway), I was denied approval from the City because our property is nOW
"non-confonning", While I can live with the easement, not being able to formally separate the
parcels creates unnecessary headaches for me.
On the other hand, the City has allowed 800 Florida Avenue to continue to operate in violation of
the relevant conditional use permits because of the lack of parking required for its current
usage. I even pointed out that one of the emergency exits on the north side could be blocked by a
car as the exit goes directly onto my property. I don't lrnow if this has ever been addressed. I
certainly expect that a fire inspection will make sure the kids are safe.
With regards to the operation of the property, we still have their patrons parking on our property as
they do not hav~ enough parking. We have it posted but we do not police the lot. This is especially
true when they have special events. To my knowledge they already have 24 hour 7 day a week
events. When these occur the trash on our property is huge,
They have been good about cleaning up occasionally but not during these events. Most of the
trash is from their patrons buying food at Burger King and Taco Bell. I understand that the
owners get along very well with our tenants with regards to most other issues.
We want to be good neighbors and think what they do is good for the kids in the conununity.
The City MUST impose certain requirements on the owners of800 Florida Avenue if their request
is approved. .
. Security needs to be posted during special events on a 24n basis to keep patrons'
vehicles off our property. Otherwise) we will be forced to start towing vehicles
parked on our property.
. Neighborhood trash pickup not less than twice daily needs to be imposed. My
tenants should not have to bear the expenSe of cleaning up after persons attracted to
the vicinity by our neighbor's special events.
As far as my concerns about the manner in which the City has treated our requests for reasonable
modifications to the property, my tenants and I just do not understand the double standard and
would like an explanation as to why we are being treated lll1equally.
Sincerely)
~Pr
Mark Saliterman
President
Direct: 612-718-8282
mark@bankwithvision.com
.....
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