02-14-11 PC AgendaAGENDA
Planning Commission
Regular Meeting
Golden Valley City Hall, 7800. Golden Valley Road
Council Chambers
Monday, February 14, 2011
7 pm
1. Approval of Minutes
January 10, 2011 Regular Planning Commission Meeting
2. Informal Public Hearing -Property Rezonings - 5075 Wayzata Blvd and 1400,
1500 Highway 100 South from Commercial to Business and Professional
Offices
Applicant: City of Golden Valley
Addresses: 5075 Wayzata Blvd and 1400, 1500 Highway 100 South
Purpose: To bring the properties into conformance with the recently updated
Comprehensive Plan Land Use Map
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
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Regular Meeting of the
Golden Valley Planning Commission
January 10, 2011
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 10, 2011. Chair Waldhauser called the meeting to order at 7 pm.
Those present were Planning Commissioners Cera, Eck, Schmidgall, Segelbaum and
Waldhauser. Also present was Director of Planning and Development Mark Grimes, City
Planner Joe Hogeboom and Administrative Assistant Lisa Wittman. Commissioners
Kluchka and McCarty were absent.
1. Approval of Minutes
December 13, 2010 Regular Planning Commission Meeting
Eck noted several typographical errors.
MOVED by Eck, seconded by Cera and motion carried unanimously to approve the
December 13, 2010 minutes with the above noted corrections.
2. Informal Public Hearing -Minor Subdivision - 240 Jersey Ave N - SU17-09
Applicant: Lakewest Maki, LLC -Curt Fretham
Address: 240 Jersey Ave N
Purpose: The applicant is proposing to create two new lots for the
construction of one new home.
Hogeboom stated that since the hearing notices were mailed and the agenda packet was
sent out the applicant has changed his proposal slightly. He distributed a copy of the
proposed new plat and explained that the east/west property line has been redrawn to be
straight across instead of angled. The applicant is also proposing to demolish the existing
home and garage and construct two new homes, rather than allowing the existing house to
remain as stated on the hearing notice and the agenda. Hogeboom stated that staff feels
that straightening out the property line between the proposed new lots is the preferred way
to draw property lines in order to accommodate utilities and reduce the need for
easements. He referred to City Engineer Jeff Oliver's staff report and noted that since the
property line will be straight across the lots the condition of requiring a private easement
for utilities no longer applies. Hogeboom noted that both lots will be 10, 974 square feet in
size and both lots will meet all of the City's requirements, therefore staff is recommending
approval of this subdivision request.
Segelbaum asked who owns the property. Hogeboom stated that the applicant is in the
process of purchasing the property and will own it before final plat approval.
Minutes of the Golden Valley Planning Commission
January 10, 2011
Page 2
Cera asked about the age of the existing home. Hogeboom said he didn't know.
Eck asked if the subdivision is approved and the existing home was not removed if it
would meet setback requirements. Hogeboom stated that the existing home would not
meet the side yard setback requirements with the proposed new lot line configuration.
Grimes stated that a condition could be added by the City Council requiring that the
existing home be removed before final plat approval.
Martin Campion, Campion Engineering Services, representing the applicant, stated that
the closing for this property is scheduled for January 28, 2011. At that point, Lakewest
Maki, LLC will be the property owner. He referred to the suggestion regarding removal of
the existing house prior to final plat approval. He said he would prefer that the condition
state that the house and garage will be removed before building permit approval because
the final plat will be filed at the County in February so there won't be enough time to
remove the house and garage before final plat approval.
Cera explained that the City can't approve a plat that would create anon-conforming
situation. Grimes said he would speak with the City Attorney regarding the existing house
being removed. Campion stated their intent is to remove the house and garage at the
same time.
Cera asked why the plans changed from the original submittal. Campion explained that
they have a potential buyer who would like to build a new house on the lot where the
existing house is currently located. Cera asked if the house will be demolished or moved.
Campion said at this point they are planning on demolishing it.
Segelbaum asked the applicant how their plans would be impacted if the sale of the
property falls through. Campion reiterated that their intent at this point is to go through with
the plans to remove the house.
Waldhauser opened the public hearing.
Joanne Marben, 220 Jersey Avenue North, asked how big the new homes will be.
Waldhauser said that probably hasn't been determined yet, but any new construction will
have to be built per the requirements of the Zoning Code. Marben asked if both of the
entrances to the properties would be on Jersey Ave. Waldhauser said yes.
Steve Mickelson, 6809 Glenwood Avenue, asked if there is any chance to sell the lot "as
is". He asked if anything can be done, or if this public hearing is just a matter of law and if
the proposal meets the requirements, the property can be developed. He asked if any
consideration will be given to the oak trees on the property. Waldhauser explained that the
City asks developers to consider certain things but if a proposal meets all of the City's
requirements it is difficult to deny a subdivision proposal. Eck added that it is in the
developer's best interest to keep as many trees as possible.
Minutes of the Golden Valley Planning Commission
January 10, 2011
Page 3
Mickelson asked what would happen if the developers want to get a variance. Waldhauser
explained that there is a variance process. Since this proposal deals with new construction
she doesn't think there would be any basis to grant any variances.
Mickelson noted that the hearing notice he received said the existing house would remain.
Hogeboom reiterated that the applicant's proposal changed after the hearing notices were
already mailed. He explained that an updated hearing notice will be mailed prior to the City
Council hearing on this proposal.
Waldhauser asked the applicant if the trees on the site have been identified. Campion said
the trees have been identified but he is not sure at this point which ones will be removed.
He reiterated that the trees are valuable to the lot and they want to keep as many as
possible. Schmidgall referred to the tree preservation ordinance which requires the
replacement of trees if they're removed. Grimes discussed the tree preservation process
and noted that a significant number of tress will be preserved in this case. He stated that
he realizes this type of proposal is frustrating for neighbors because they are invited to a
public hearing for an item that is basically administrative because it meets all of the City's
requirements. Waldhauser agreed and added that it is good for the developer and City to
know the neighbor's concerns.
Hearing and seeing no one else wishing to comment, Waldhauser closed the public
hearing.
Schmidgall said he is not comfortable leaving the existing home out of conformance once
the subdivision is approved. Cera said the Planning Commission needs to consider this
subdivision as if the house and garage are being,removed and the City Council can put
further conditions on their approval if they wish. He said he wanted it noted that the
hearing notice that was mailed for this item is not what the Planning Commission
discussed because the notice said the house is going to remain when it is not. Segelbaum
said he likes the new proposal because better homes will be built on both lots. Eck added
that there is no legal basis to deny this request.
Waldhauser suggested a condition be added that states prior to final plat approval, all
existing structures shall be removed.
MOVED by Schmidgall, seconded by Cera and motion carried unanimously to recommend
approval of the proposed minor subdivision at 240 Jersey Avenue North subject to
following conditions:
1. The City Attorney will determine if a title review is necessary prior to approval of the final
plat.
2. The City Engineer's memo, dated December 29, 2010, will become part of this approval.
3. A park dedication fee in the amount of $1,400 shall be paid by the applicant prior to final
plat approval.
4. A Subdivision Agreement will be drafted for review and approval by the City Council that
will include issues found in the City Engineer's memo dated December 29, 2010.
5. All applicable City permits must be obtained prior to the development of the new lots.
6. Prior to final plat approval, all existing structures shall be removed.
Minutes of the Golden Valley Planning Commission
January 10, 2011
Page 4
3. Informal Public Hearing -Property Rezonings - 8805, 8905, 9191 and 9393
Wayzata Blvd from Industrial to Commercial and 5075 Wayzata Blvd and
1400, 1500 Highway 100 South from Commercial to Business and
Professional Offices
Applicant: City of Golden Valley
Addresses: 8805, 8905, 9191, 9393 and 5075 Wayzata Blvd and 1400, 1500
Highway 100 South
Purpose: To bring the properties into conformance with the recently updated
Comprehensive Plan Land Use Map
Hogeboom reminded the Commissioners that the Metropolitan Council recently approved
the City's Comprehensive Plan update. As part of the update process, state statute
requires that the Zoning Map match the Comprehensive Plan's General Land Use Plan
Map. He explained that the City Council has decided they would like to proceed with the
rezoning process starting with areas that don't involve residential properties.
Hogeboom referred to the General Land Use Plan Map and pointed out the area at the
southeast intersection of I-394 and TH-169 (8805, 8905, 9191 and 9393 Wayzata Blvd). He
explained that these properties are currently zoned Industrial and consist of auto
dealerships and auto related uses. In order to match the General Land Use Plan Map the
City is proposing to rezone these properties to Commercial. Rezoning these properties will
not make the uses become non-conforming because both the Industrial zoning district and
the Commercial zoning district require a Conditional Use Permit for auto uses.
Hogeboom noted that the other area being discussed at this meeting is the area west of
Highway 100, south of I-394 (5075 Wayzata Blvd and 1400, 1500 Highway 100 South).
This is the area that will be used for the parking ramp for the West End office
development proposed by Duke Realty. The property is currently zoned Commercial and
the City is proposing to rezone it to Business and. Professional Offices (BPO) to better
match Duke's proposed office use and the General Land Use Plan map. He stated that
Duke has expressed concern about the proposed rezoning because the Commercial
zoning district allows for astand-alone parking structure whereas the BPO district
requires that a parking ramp be an accessory use to a business or office located on the
same parcel. He stated that staff is recommending that the public hearing regarding the
rezoning of this area be tabled to a future Planning Commission meeting in order to allow
the City Attorney and staff more time for further study.
Cera asked how St. Louis Park has the West End office property zoned. Hogeboom said
the office tower is part of the West End PUD but the underlying zoning is office. He added
that traffic analysis has shown that an office use would work better than a commercial use
in this area.
Minutes of the Golden Valley Planning Commission
January 10, 2011
Page 5
Segelbaum referred to the BPO zoning district and asked if a building and parking structure
have to be physically connected. Hogeboom said a building and parking structure need to
be on the same lot, but they don't have to be connected.
Grimes said the City is looking at potential future developments for this area when
considering the zoning. He explained that if something changes with Duke's plans to
develop the area as an office use and the area is zoned Commercial, then anything
allowed in the Commercial zoning district could be built.
Segelbaum said rezoning the properties to BPO could limit Duke and questioned if the City
wants this land to sit vacant for several years. Schmidgall said that the Commercial zoning
district seems more flexible. Waldhauser said they also need to look at what is most
advantageous for the City. Grimes noted that offices are also allowed in the Commercial
zoning district and at this point the City feels rezoning the properties to BPO is-best, with
the understanding that the properties could be rezoned and the General Land Use Plan
Map could be re-guided in the future.
Waldhauser suggested separating the two areas when making a motion.
Waldhauser opened the public hearing, seeing and hearing no one wishing to comment,
Waldhauser closed the public hearing.
MOVED by Segelbaum, seconded by Cera and motion carried unanimously to table the
proposed rezoning for the properties located at 5075 Wayzata Blvd and 1400, 1500
Highway 100 South from Commercial to Business and Professional Offices.
Waldhauser referred to the other properties on the agenda (8805, 8905, 9191, 9393 and
5075 Wayzata Blvd) and asked if they remained Industrial if they would have to be rezoned
if the auto dealers sold their properties in the future. Hogeboom explained that another auto
dealer could apply for a Conditional Use Permit if the properties remained Industrial, but
leaving the properties zoned Industrial is contrary to the Comprehensive Plan designation
for that area.
MOVED by Cera, seconded by Schmidgall and motion carried unanimously to recommend
approval of rezoning the properties located at 8805, 8905, 9191, 9393 and 5075 Wayzata
Blvd from Industrial to Commercial
--Short Recess--
5. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
Waldhauser said she attended the January 4, 2011 City Council where the Menards
PUD amendment was approved. She stated that the issues of snow storage and
requiring Menards to submit a parking plan were discussed.
Minutes of the Golden Valley Planning Commission
January 10, 2011
Page 6
6. Other Business
a. Planning Commission Representative to the Golden Valley 125tH
Anniversary Planning Team
Hogeboom reminded the Commissioners that the 125tH Anniversary Planning Team
is looking for volunteers to serve on their team.
Waldhauser referred to the Planning Commission work plan she has been working
on and distributed a list of potential items she would like the Planning Commission
to review including meeting with the City Attorney to discuss the Commissioners
role, ethics in planning, communication between commissioners, and reviewing the
MnAPA Citizen Planner Handbook.
Hogeboom discussed some of the upcoming items that the Planning Commission
will be reviewing including several property rezonings due to the Comprehensive
Plan Update, the Livable Communities Act Local Housing Incentives, the Douglas
Drive moratorium study and Complete Streets.
Grimes suggested that the Planning Commission have aworkshop/meeting with the
City Council to discuss potential issues that the Planning Commission could review.
He also suggested having discussions about tree preservation and water quality
issues. Segelbaum suggested having a basic review of what uses are allowed in
various zoning districts.
7. Adjournment
The meeting was adjourned at 8:27 pm.
Lester Eck, Secretary
Planning
763-593-8095 / 763-593-8109 (fax)
Date: January 28, 2011
To: Planning Commission
From: Joe Hogeboom, City Planner
Subject: Continued Item -Rezoning 5075 Wayzata Boulevard, 1400 Highway 100
South and 1500 Highway 100 South from "Commercial" to "Business and
Professional Office"
The City of Golden Valley has identified several areas within the City that have a zoning
designation that is inconsistent with the City's Comprehensive Plan. One of these areas is
the property that contains the proposed Towers at West End development, located at 5075
Wayzata Boulevard and 1400 -1500 Highway 100 South. The properties are currently
zoned "Commercial" and are guided as "Office" on the Comprehensive Plan. To be
consistent with the Comprehensive Plan, the zoning designations for the properties must
be re-designated to "Business and Professional Offices."
An informal public hearing was held with the Planning Commission on Monday, January
10, to request the rezoning of the properties. Duke Realty, the owner of the property, had
objected to this action, expressing concern that the Business and Professional Offices
Zoning District does not permit standalone parking structures. Due to this concern, the
Planning Commission voted to table the request.
Planning Department staff met with the City Attorney's office to discuss Duke Realty's
concerns about the rezoning of the proposed Towers at West.. End properties. After
consideration, the City Attorney and staff determined to move forward with the rezoning of
the property to "Business and Professional Offices," which is consistent with the direction
given by the City Council when the properties were re-guided to "Office" on the
Comprehensive Plan in 2008. A memo explaining this position from Assistant City Attorney
Kim Donat is attached.
Recommended Action
Staff recommends that the Planning Commission recommend approval for the rezoning of
the properties at 5075 Wayzata Boulevard and 1400 and 1500 Highway 100 South from
"Commercial" to "Business and Professional Offices," to bring the properties into
compliance with provisions of the Comprehensive Plan.
Attachments
Location Map (1 page)
Memo from Assistant City Attorney Kim Donat dated January 28, 2011 (2 pages)
Section 11.30 Commercial Zoning District (7 pages)
Section 11.45 Business and Professional Offices Zoning District (5 pages)
General Land Use Plan Map (1 oversized page)
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Kim JoDene Donat
Attorney ~iRecT 612.341.9721
kdonat~bestlaw.com
Memorandum
DATE: January 28, 2011
TO: Joe Hogeboom
cc: Allen Barnard
FROM: Kim Donat
REGARDING: Rezoning of Towers at West End
FILE NUMBER: 90-480568
Under state law, the zoning map must harmonize with and not contradict the comprehensive plan.
Mendota Golf, LLP v. City of Mendota Heights, 708 N.W.2d 162 (Minn. 2006); Minn. Stat. §
773.858, subd. 1. It is my understanding that the comprehensive plan for 5075 Wayzata Blvd and
1400-1500 Highway 100 South was modified in 2008 and that the property should be rezoned from
"commercial" to "business and professional offices" so as to avoid any contradiction with the
comprehensive plan. While there is some overlap between the "commercial" and "business and
professional offices" permitted uses, the current "commercial" zoning district designation would
allow retail use, which is not contemplated by the comprehensive plan. The permitted uses in the
"business and professional offices" district do not allow retail and more closely align with the
current comprehensive plan (as compared to "commercial"). If the zoning district is not modified,
retail and other uses under the current zoning district designation, might conflict with the
comprehensive plan.
The Planned Unit Development Ordinance states:
"Once a Final PUD plan is approved, the use or uses are limited to those approved by the
specific approved PUD ordinance for the site and by the conditions, if any imposed by the
City in the approval process."
Golden Valley City Code § 11.55, subd. 2(B) (emphasis added). Leaving aside Duke's rights for a
moment, if any, to satisfy the conditions of the preliminary PUD approval and move to Final PUD
approval, it is clear that they do not have a right to a "long list of uses" (as described in Mr. Mascia's
email) that are allowed in commercial zoning districts that: (1) are not already contemplated in the
preliminary PUD approval, and (2) which are based on a zoning category that may contradict the
comprehensive plan.
There is an open legal question about whether a future commission or council might rely on the
narrower uses allowed in the business and professional zoning district to deny Final PUD approval
and whether Duke has any legal arguments that the parking ramp use allowed in the preliminary
Memorandum
Page 2
PUD approval must be allowed regardless of the zoning district. However, these questions do not
need to be answered at this time.
Under Minnesota law the zoning map must not contradict the comprehensive plan and nothing about
the preliminary PUD approval impacts that obligation. It is, however, my understanding that the
staff is recommending a new condition, before it will grant an extension of the preliminary PUD
approval, requiring the developer's cooperation regarding sewage easements and other matters
required by the Metropolitan Council, unrelated to the zoning change. If the zoning change is used
to justify the revocation of the preliminary PUD approval or deny final approval, Duke may have a
legal argument that their current preliminary PUD approval protects their interest in building a
parking garage. But, the commission and council - at this point -are not contemplating the
revocation of the preliminary PUD approval or any decision on the final PUD, based on the
recommended change in the zoning district, and they are obligated by Minnesota law to insure that
the zoning district does not contradict the comprehensive plan.
Additionally, it is my understanding Duke will be requesting another 180-day renewal of the
preliminary PUD. approval in February. If the commission or council wished to revoke the
preliminary PUD approval they would not need to attempt to rely on the zoning change, but could
wait until the renewal date and simply fail to support another extension..
000090/480568/1271962_1
§ 11.30
Section 11.30: Commercial Zoning District
Subdivision 1. Purpose
The purpose of the Commercial Zoning District is to provide for the establishment of
commercial and service activities which draw from and serve customers from the
community and are located in areas which are well served by collector and arterial
street facilities.
Subdivision 2. District Established
Properties shall be established within the Commercial Zoning District in the manner
provided for in Section 11.90, Subdivision 3 of this Chapter, and when thus
established shall be incorporated in this Section 11.30, Subdivision 2 by an
ordinance which makes cross-reference to this Section 11.30 and which shall
become a part hereof and of Section 11.10, Subdivision 2 thereof, as fully as if set
forth herein. In addition the Commercial Zoning Districts thus established, and/or
any subsequent changes to the same which shall be made and established in a
similar manner, shall be reflected in the official zoning map of the City as provided
in Section 11.11 of this Chapter.
Subdivision 3. Permitted Uses
The following uses are permitted in the Commercial Zoning District:
A. Bakeries
B. Barber shop and/or beauty parlor
C. Catering establishments
D. Comfort stations
E. Delicatessen
F. Dressmaking and tailoring establishments, including retail sales of clothing
G. Clothing, shoes and/or accessories sales (retail)
H. Electric repair shops
I. Electronic equipment sales
J. Financial institutions
K. Floral shops (not to include nurseries)
L. Furniture sales and repair
Golden Valley City Code Page 1 of 7
§ 11.30
M. Hardware, paint, and decorating stores
N. Hotels and motels
O. Lodge halls
P. Messenger and telegraph services
Q. Offices, including medical and dental
R. Pharmacies
S. Photograph supplies and/or galleries
T. Plumbing shops
U. Post office
V. Printing shops
W. Public garage
X. Recreation buildings and structures (public and private), including
gymnasium, racquetball, etc
Y. Class I restaurants
Z. Shoe repair shops
AA. Skating rinks (ice or roller) privately owned and operated for profit
BB. Shopping centers (general retail -convenience shopping)
CC. Theaters
DD. Trade or industrial training schools, both public and private
EE. General retail services and/or sales not otherwise listed as a Conditional Use
in Subdivision 4, below
Source: Ordinance No. 569
Effective Date: 7-16-82
FF. Massage parlors, saunas, rap parlors, conversation parlors, escort services,
model services, dancing services, hostess services, adult encounter group
services, adult sensitivity group services and other similar adult oriented
services that require City licensing pursuant to other provisions of the City
Code
Source: Ordinance No. 603
Effective Date: 8-26-83
Golden Valley City Code Page 2 of 7
§ 11.30
GG. Tanning parlors
Source: Ordinance No. 609
Effective Date: I1-11-83
HH. Essential Services -Class I
II. Seasonal Farm Produce Sales
Subdivision 4. Conditional Uses
Source: Ordinance No. 80, 2nd Series
Effective Date: 11-28-91
Source: Ordinance No. 127, 2nd Series
Effective Date: 4-27-95
A. Animal hospitals, veterinary clinics, and/or pet grooming facilities
B. Auto repair shops, including tire and auto accessory repair and installation
C. Car wash
D. Convenience food stores
E. Drive-in retail establishments, such as banks, cleaning, photo shops, etc
F. Gasoline service stations
G. Mortuaries
H. Off-street parking for adjacent commercial or industrial uses
I. Outdoor sales, including car lots, auto and equipment rentals
J. Outside storage and/or sales of horticultural nursery sites, temporary
farmers market, and itinerant sales
K. Pool halls
Source: Ordinance No. 609
Effective Date: 11-11-83
L. Class III restaurants, bars, night clubs, etc.
M. Sales, or show rooms (auto, machinery, boats, etc.)
N. Unattended business operations, such as vending machines, coin or token
operated machines and equipment, and other similar uses
O. Video game arcades
Source: Ordinance No. 615
Effective Date: 5-25-84
Golden Valley City Code Page 3 of 7
§ 11.30
P. Heliports, as herein defined
Source: Ordinance No. 643
Effective Date: 11-16-84
Q. Child Care Facilities, as defined in this Chapter
R. Marine Engine Repair
S. Adult Day Care Center
Source: Ordinance No. 712
Effective Date: 6-23-88
Source: Ordinance No. 4, 2nd Series
Effective Date: 8-25-88
Source: Ordinance No. 264, 2nd Series
Effective Date: 12-13-01
T. Essential Services -Class III, except for peaking stations and substations
Source: Ordinance No. 271, 2nd Series
Effective Date: 11-15-02
Subdivision 5. Restricted Uses
No premises shall be used wholly or in part for the storage of any material
whatsoever except where such materials are stored in a building and where the
character of such building conforms with the general development of a Commercial
District and no building or premises in the Commercial District shall be used for any
kind of manufacture, repairing, alteration, converting or finishing which uses
mechanical power aggregating more than five (5) horsepower per two thousand
(2,000) feet of ground area. Ground area means the total area of the lot or parcel
of land on which a building using mechanical power is located and not just the area
of the part of the lot or parcel of land actually covered by the building.
Source: Ordinance No. 569
Effective Date: 7-16-82
Deleted Loading & Parking Requirements
Source: Ordinance 346, 2nd Series
Effective Date: 7-1-06
*Subdivision 6. Yard Requirements
Front yard, side and rear yards shall be provided for all buildings within the
Commercial Zoning District as follows:
A. In the case of premises abutting a public street, front yard setbacks shall be
at least thirty-five (35) feet from the right-of-way line of said street. All front
yard setbacks shall be maintained as landscaped green areas. All portions of
a lot, or parcel, abutting a public street shall be deemed to be front yards.
Go/den Valley City Code Page 4 of 7
§ 11.30
B. Side and rear yard setbacks shall be provided as follows:
Source: Ordinance No. 569
Effective Date: 7-16-82
1. In the case of premises adjoining a Residential or R-2 Residential Zoning
District, side and rear yards shall be not less than fifty (50) in depth and
width.
Source: Ordinance No. 271, 2nd Series
Effective Date: 11-15-02
2. In the case of premises adjoining a Multiple Dwelling, Business and
Professional Office, or Institutional Zoning District, required side and rear
yards shall not be less than thirty (30) feet in width and depth.
Source: Ordinance No. 569
Effective Date: 7-16-82
3. In the case of premises adjoining a Commercial, Light Industrial,
Industrial, or Railroad Zoning District, required side and rear yards shall
not be less than twenty (20) feet in depth or width.
Source: Ordinance No. 271, 2nd Series
Effective Date: 11-15-02
4. One-half (1/2) of the required side and rear yards, as measured from the
lot line, shall be landscaped, planted and maintained as a buffer zone.
Source: Ordinance No. 569
Effective Date: 7-16-82
*Subdivision 7. Lot Coverage
No building or structure, or group thereof, shall occupy more than fifty percent
(50%) of the total land area of any lot or parcel in a Commercial Zoning District.
Source: Ordinance No. 609
Effective Date: 11-11-83
*Subdivision 8. Height Restrictions
No building or structure, other than water tanks, water towers, essential service
communication structures as provided for in Section 11.71 of this Code, shall be
erected to exceed a height of three (3) stories in the Commercial Zoning District. All
necessary mechanical equipment and elevator penthouses will not be included in
computation of building height. The City Council may grant a Conditional Use Permit
for a taller building.
Source: Ordinance No. 365, 2nd Series
Effective Date: 3-23-07
Golden Valley City Code Page 5 of 7
§ 11.30
*Subdivision 9. Accessory Uses
A. Essential Services -Class I.
B. Accessory Structures. The following regulations and setbacks shall be
required for accessory structures in this Zoning District:
1. Location. A Detached accessory structure shall be located completely to
the rear of the principal structure, unless it is built with frost footings. In
that case, an accessory structure may be built no closer to the front
setback as the principal structure. If an addition is built on to an existing
principal structure that would create a situation where an existing garage
or accessory structure would not be completely to the rear of the addition
to the principal structure, the addition to the principal structure may be
built and the existing garage or accessory structure may remain and be
considered conforming as long as there is at least ten (10) feet of
separation between the existing principal structure with the addition and
the existing garage or accessory structure. Additions may be made to the
existing garage or accessory structure as long as the ten (10) feet of
separation can be met.
2. Front setback. Accessory structures shall be located no less than the
required setback for this Zoning District from the front property line along
a street right-of-way line.
3. Side and rear setbacks. Accessory structures shall be located no less than
the required setback for principal structures in this Zoning District from a
side or rear yard property line.
4. Separation between structures. Accessory structures shall be located no
less than ten (10) feet from any principal structure and from any other
accessory structure.
5. Alley setback. Accessory structures shall be located no less than ten (10)
feet from an alley.
6. Height limitations. No accessory structure shall be erected in this Zoning
District to exceed a height of one (1) story. One (1) story may not exceed
ten (10) feet from the floor to the top plate. Attic space in accessory
structures shall be used only for storage and/or utility space.
7. Cornices and eaves. Cornices and eaves may not project more than thirty
(30) inches into a required setback.
8. Number and Size of accessory structures. Only one (1) accessory
structure shall be allowed on each property and no accessory structure
shall be larger in size than the principal structure. In no case shall an
Golden Valley City Code Page 6 of 7
§ 11.30
accessory structure be greater than one thousand (1000) square feet or
less than one hundred twenty (120) square feet in area. Accessory
structures include storage buildings, detached sheds, greenhouses,
gazebos and other shelters. Accessory structures not used solely for
storage and related activities shall have open sides from floor to ceiling,
except that they may have railings and temporary screening (used only
on two (2) sides at a time), all constructed in accordance with the building
code.
9. Design. All accessory structures constructed after the construction of the
principal structure must be designed and constructed of similar materials
as determined by the City Manager or his designee.
10. Building Permits. All accessory structures located in this Zoning District
require a building permit.
11. Parking structures and garages. In this Zoning District, parking structures
and garages shall not be considered accessory structures if they are used
to meet the required number of parking spaces.
Source: Ordinance No. 344, 2nd Series
Effective Date: 05-25-06
*Renumbering Source (Subd. 6-9):
Ordinance 346, 2nd Series
Effective Date: 7-1-06
Golden Valley City Code Page 7 of 7
§ 11.45
Section ~1.q.5: Business and Professional Offices
Zoning District
Subdivision 1. Purpose
The purpose of the Business and Professional Offices Zoning District is to provide
areas wherein there may be erected, maintained and used, offices for persons
engaged in business pursuits not involving the sale of or handling of goods, wares,
merchandise or commodities, as for example, accountants, insurance brokers,
realtors, fiscal agents and the like; provided, however, that nothing herein shall be
interpreted to prohibit in such districts the sale of goods, wares, merchandise or
commodities by sample, as for example, by manufacturer's representatives.
Subdivision 2. District Established
Properties shall be established within the Business and Professional Offices Zoning
District in the manner provided for in Section 11.90, Subdivision 3 of this Chapter,
and when thus established shall be incorporated in this Section 11.45, Subdivision 2
by an ordinance which makes cross-reference to this Section 11.45 and which shall
become a part hereof and of Section 11.10, Subdivision 2 thereof, as fully as if set
forth herein. In addition the Business and Professional Offices Zoning Districts thus
established, and/or any subsequent changes to the same which shall be made and
established in a similar manner, shall be reflected in the official zoning map of the
City as provided in Section 11.11 of this Chapter.
Source: Ordinance No. 541
Effective Date: 5-8-81
*Subdivision 3. Building Height
No building in this zoning district shall exceed three (3) stories in height at the front
or street grade level, unless a Conditional Use Permit has been granted allowing
such building or structure to exceed three (3) stories in height.
Source: Ordinance No. 80, 2nd Series
Effective Date: 11-28-91
*Subdivision 4. Yard Restrictions
A. Front Yard Setbacks. Front yards shall be provided for all buildings as
follows:
1. No building or other structure in the Business and Professional Offices
District shall be located closer than thirty-five (35) feet from the property
line along any abutting street. The thirty-five (35) foot front setback as
described above shall all be landscaped.
2. In the case of a building over three (3) stories, the front setback shall be
increased five (5) feet for each additional story over three (3) stories or
each additional ten (10) feet above the height of thirty (30) feet.
Golden Valley City Code Page Y of 5
§ 11.45
B. Side and Rear Yard Setbacks. Side yards and rear yards shall be provided for
all buildings as follows:
Source: Ordinance No. 541
Effective Date: 5-8-81
1. In the case of premises abutting a Residential or R-2 Residential Zoning
District, side and rear yards of such premises shall be not less than fifty
(50) feet in depth or width, of which at least twenty-five (25) feet
adjacent to the lot line or property line shall be planted, landscaped and
maintained as a buffer zone.
Source: Ordinance No. 271, 2nd Series
Effective Date: 11-15-02
2. In the case of premises abutting on a Multiple Dwelling Zoning District or
an Institutional Zoning District, side and rear yards shall be not less than
thirty (30) feet in depth or width, of which at least the fifteen (15) feet
adjacent to the lot line shall be planted, landscaped and maintained as a
buffer zone.
3. In the case of premises abutting on another Business and Professional
Offices Zoning District, side and rear yards shall be not less than twenty
(20) feet in depth or width for each building, tract, lot or premises of
which at least one-half (1/2) the setback as measured from the lot line
shall be landscaped and planted.
4. In the case of premises abutting on a Commercial or Industrial Zoning
District, side yards and rear yards shall be not less than twenty (20) feet
in depth and width of which at least one-half (1/2) the setback as
measured from the lot line shall be landscaped and planted.
5. In the case of a building over three (3) stories, the side and rear setbacks
shall be increased five (5) feet for each additional story over three (3)
stories or each additional ten (10) feet above the height of thirty (30)
feet.
*Subdivision 5. Area Restrictions
No building or other structure in this zoning district shall occupy more than forty
percent (40%) of the tract of land on which it is located. An additional twenty
percent (20%) of the tract of land shall be allowed for the construction of a parking
structure.
*Subdivision 6. Lot Area
No building or other structure located in this zoning district shall be located on a
parcel of land that is less than one (1) acre in area or less than one hundred (100)
feet in width.
Source: Ordinance No. 541
Effective Date: 5-8-81
Golden Valley City Code Page 2 of 5
§ 11.45
*Subdivision 7. Conditional Uses
A. Conditions. In addition to those uses specifically classified and permitted
within this district, there are certain uses which may be allowed in a Business
and Professional Offices District because of their unusual characteristics or
the service they provide to the public. These conditional uses require
particular considerations as to their proper location in relation to adjacent
established or intended uses, or to the planned development of the City. The
conditions controlling the location and operation of such conditional uses are
established under Section 11.80 of this Chapter.
Source: Ordinance No. 396, 2nd
Effective Date: 3-28-08
B. Authority. The Council shall have the authority, after having received the
recommendations of the Planning Commission, to permit the following types
of the conditional uses of land or structures, or both, within a Business and
Professional Offices District, if the Council finds that the proposed location
and establishment of any such use will be desirable or necessary to the
public convenience or welfare and will be harmonious and compatible with
other uses adjacent to and in the vicinity of the selected site.
Source: Ordinance No. 54i
Effective Date: 5-8-81
1. Buildings exceeding three (3) stories in height, subject to the provisions
of Subdivision 5, Subparagraph A, Item 2, and Subparagraph B. above,
and all other applicable provisions of this Chapter.
Source: Ordinance No. 80, 2nd Series
Effective Date: 11-28-91
2. Recreational facilities such as ball fields, swimming pools and
playgrounds.
3. Daytime activity centers and/or other facilities providing school and/or
training for retarded or handicapped people.
4. Financial institutions, including drive-in facilities.
5. Limited retail services within a professional office building.
Source: Ordinance No. 541
Effective Date: 5-8-81
6. Heliports, as herein defined.
Golden Valley City Code Page 3 of 5
§ 11.45
7. Other uses which, in the opinion of the Council, are compatible with the
uses specifically described above.
Source: Ordinance No. 643
Effective Date: 11-16-84
8. Adult Day Care Center.
9. Child Care Facilities.
Source: Ordinance No. 264, 2nd Series
Effective Date: 12-13-02
Source: Ordinance No. 396, 2nd
Effective Date: 3-28-08
*Subdivision 8. Permitted Uses
The following uses are permitted in the Business and Professional Office District:
A. Offices
B. Essential Services -Class I
Source: Ordinance No. 80, 2nd Series
Effective Date: 11-28-91
*Subdivision 9. Accessory Uses
The following are permitted accessory uses in this Zoning District:
A. Essential Services -Class I
B. Accessory Structures. The following regulations and setbacks shall be
required for accessory structures in this Zoning District:
1. Location. A detached accessory structure shall be located completely to
the rear of the principal structure, unless it is built with frost footings. In
that case, an accessory structure may be built no closer to the front
setback as the principal structure. If an addition is built on to an existing
principal structure that would create a situation where an existing garage
or accessory structure would not be completely to the rear of the addition
to the principal structure, the addition to the principal structure may be
built and the existing garage or accessory structure may remain and be
considered conforming as long as there is at least ten (10) feet of
separation between the existing principal structure with the addition and
the existing garage or accessory structure. Additions may be made to the
existing garage or accessory structure as long as the ten (10) feet of
separation can be met.
2. Front setback. Accessory structures shall be located no less than the
required setback for this Zoning District from the front property line along
a street right-of-way line.
Golden Valley City Code Page 4 of 5
§ 11.45
3. Side and rear setbacks. Accessory structures shall be located no less than
the required setback for principal structures in this Zoning District from a
side or rear yard property line.
4. Separation between structures. Accessory structures shall be located no
less than ten (10) feet from any principal structure and from any other
accessory structure.
5. Alley setback. Accessory structures shall be located no less than ten (10)
feet from an alley.
6. Height limitations. No accessory structure shall be erected in this Zoning
District to exceed a height of one (1) story. One (1) story may not exceed
ten (10) feet from the floor to the top plate. Attic space in accessory
structures shall be used only for storage and/or utility space.
7. Cornices and eaves. Cornices and eaves may not project more than thirty
(30) inches into a required setback.
8. Number and Size of accessory structures. Only one (1) accessory
structure shall be allowed on each property and no accessory structure
shall be larger in size than the principal structure. In no case shall an
accessory structure be greater than one thousand (1000) square feet or
less than one hundred-twenty (120) square feet in area. Accessory
structures include storage buildings, detached sheds, greenhouses,
gazebos and other shelters. Accessory structures not used solely for
storage and related activities shall have open sides from floor to ceiling,
except that they may have railings and temporary screening (used only
on two (2) sides at a time), all constructed in accordance with the building
code.
9. Design. All accessory structures constructed after the construction of the
principal structure must be designed and constructed of similar materials
as determined by the City Manager or his designee.
10. Building Permits. All accessory structures located in this Zoning District
require a building permit.
11. Parking structures and garages. In this Zoning District, parking structures
and garages shall not be considered accessory structures if they are used
to meet the required number of parking spaces.
Source: Ordinance No. 344, 2nd Series
Effective Date: 05-25-06
*Renumbering Source (Subd. 3-9):
Ordinance 346, 2nd Series
Effective Date: 7-1-06
Go/den Valley City Code Page 5 of 5
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Golden Valley. MN 5542]-4589
767-593A095
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Subject Properties
0 •
2010.2030
GENERAL LAND USE PLAN
Residential
LowDenslty (Lesslhan5uniisperacre)
Medium-Low Density (5m n.9 unitsperacre)
MedlUm-Hlgh DenSlty (t2 totssunASperacre)
® High Density (20 or more untls per acre)
Commercial
Office
® RetaiVService (also includes 0lfice)
Industrial
Light Industrial (alsoincwdesoRce)
IndUStna (aisoincmdesolfica)
Mixed Use
Open Space-Public and Private Ownership
0 Schools and Religious Facilities
a PUt)IIC FBCIIt12S -Miscellaneous
- Seml-PUbIIC FBCIIIt18S - Miscelaneeus
C.J Open Water - Basetl on 2008 Aerial Photography
Wetand$ - National WelWntls InveMOry Barr Engineering,
and HR Green 1999 SWINP-not field venfietl
D Railroad
Road Rights-of-Way
Private Streets
9 < ' BMunicipal Line
oar oeae ,too
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H p C nfy Surveyors Olfica Por Properly Lyres (200A)
-DNR HR Green, 9en En9ineenoafor WetlanAs
-City o£GOhlen Velley fog ell ofhe~ layers.
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