01-13-03 PC Agenda
AGENDA
GOLDEN VALLEY PLANNING COMMISSION
Regular Meeting
Golden Valley City Hall, 7800 Golden Valley Road
Council Chambers
Monday, January 13, 2003
7pm
I. Approval of Minutes - December 9, 2002 Planning Commission Meeting
II. Informal Public Hearing - Minor Subdivision (SU12-08)
Applicants: Gregory Newtson
Purpose:
407 Turner's Crossroad North, Golden Valley, MN
The applicant would like to subdivide his property into two parcels.
A new home would be built on the newly created eastern lot.
Address:
-- Short Recess --
III. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
IV. Other Business
A. Discuss revision process for Planned Unit Development (P.U.D.) ordinance.
V. Adjournment
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Regular Meeting of the
Golden Valley Planning Commission
December 9,2002
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
December 9,2002. Vice Chair Shaffer called the meeting to order at 7 pm.
I.
Those present were Chair Pentel (arrived at 7:05) and Commis
Keysser, McAleese, Rasmussen and Shaffer. Also present
Development, Mark Grimes, City Planner, Dan Olson and
Wittman.
, Groger,
of Planning and
retary, Lisa
Approval of Minutes - November 11, 2002
mission Meeting
MOVED by Keysser, seconded by McAleese
approve the November 11, 2002 minutes as
II.
Reports on Meetings of the H
Council, Board of Zoning Ap
edevelopment Authority, City
.ther Meetings
Grimes told the Commission th
White House site at their nex
were progressing. Grimes
from the County and usin
uld be discussing the Sheriff Site and the
Rasmussen asked how the Sheriff Site plans
the possibility of the City buying the property
or able housing.
Grimes reported that
Commission's b
APA Conference had been cut from the Planning
III.
possible revisions to the Residential zoning district.
The Com ers discussed a rough draft of proposed revisions to the Zoning Code
that Commissioner Shaffer volunteered to put together.
Pentel referred to Subdivision 3 B & D should be deleted. She said that G & H seem to
say the same thing. Grimes explained that G refers to group homes and H refers to
day care.
Eck questioned how C interfaces with G. Olson explained that point C refers to the
owner living in the house with the renters. He said he would liketo add that when the
owner does not live in the house there could be up to 5 unrelated people living in the
house.
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Minutes of the Golden Valley Planning Commission
December 9,2002
Page 2
Grimes stated that he also thinks a renter should be able to rent to another person also.
Groger asked why there is a discrepancy between Subdivision 4 and 5. McAleese
stated that Subdivision 4 refers to metes and bounds property and Subdivision 5 refers
to platted property.
Shaffer stated that he added Subdivision 5 A, 8 and C regardin
Areas and Dimensions. Grimes referred to the Requirements f
Dimensions and stated that there are already platted lots i
120 feet in depth. He said that the City's policy on minim
square feet in area because it is a little more flexible.
ents for Lot
and
that aren't
s been 10,000
Shaffer discussed his proposed requirements for 8ft'I
Height. Grimes stated he thinks something ab ch nd detached garages
should be in an ordinance. Shaffer said that 'ke see no more than 25%
building coverage and no more than 900 s u feet" the combined total area
occupied by all accessory buildings an iVJcluding attached garages.
Groger stated he liked the idea of
coverage and asked if there an~
buildings. Shaffer said when it
what he has written in this r
the 80ard of Zoning App
ethlng in the Code regarding building
t ving something about too many accessory
o smaller lots it doesn't work. He stated that
, in response to the requests he has seen from
Grimes suggested dr
driveways and de n'n
ervious surface ordinance including setbacks for
d porches.
s he included in the agenda packet and showed examples of
s being proposed.
Iscussed building height and width requirements, Olson stated that
could be built less than 22 feet wide with a conditional use permit.
Pentel stated that she liked the paragraph in Shaffer's rough draft about corner visibility,
Olson stated that the City has new corner visibility language that could be used in
updating the Zoning Code.
IV. Adjournment
The meeting was adjourned at 8:25
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Memorandum
Planning
763-593-8095/763-593-8109 (fax)
To:
Golden Valley Planning Commission
From:
Dan Olson, City Planner
Subject:
Informal Public Hearing on Minor Subdivision of the Lot at 407 Turner's
Crossroad North - Gregory Newtson, Applicant
Date:
January 8, 2003
Background
Gregory Newtson of 1250 Angelo Drive in Golden Valley is requesting that the property he
owns at 407 Turner's Crossroads North be divided into two lots. Mr. Newtson would like to
. build a new home on the newly created lot.
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Qualifications as a Minor Subdivision
The lot subdivision qualifies as a minor subdivision because the properties are part of an
existing, recorded plat, creates fewer than four lots, and do not create the need for any
additional public improvements. The applicant has submitted the required information to the
City that allows for the subdivision to be evaluated as a minor subdivision.
Existing Property
Since this minor subdivision is located on existing platted streets with access to utilities, the
application is pretty straight forward. The property does not lie within a floodplain. The City
Public Works Director Jeannine Clancy, has reviewed this minor subdivision and has
submitted the attached comments.
According to Hennepin County's property database, the home at 407 Turner's Crossroad was
built in 1950. Section 12.50, Subd. 3 of the Subdivision Code states that lots in a minor
subdivision must meet the requirements of the appropriate zoning district. In this
circumstance, the Residential zoning district requires that all lots must be 10,000 sq. ft. in
area, have at least 80 ft. of width at the front setback line (100 feet wide for corner lots), and
meet building setback requirements. The existing lot at 407 Turner's Crossroads is 24,192
square feet in size and meets frontage requirements. The existing attached garage does not
meet the 35-foot setback requirement (it is only 7.5 feet from the property line along
Woodstock Avenue). All other setback requirements for the existing buildings are met.
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Proposed Minor Subdivision
After the proposed minor subdivision, two lots would be created: Parcel A containing the
existing home would be 14,092 square feet in size, and Parcel B for the proposed home
would be 10,100 square feet in size. After the subdivision, the existing home will no longer
meet the 15-foot side yard setback. Instead, it will be 10 feet from the proposed east side
yard property line. The existing attached garage at this time does not meet the front setback
of 35 feet along Woodstock Avenue. As part of this subdivision, the applicant will move this
garage to the west side of Parcel A so that it will meet setback requirements. Also, the
applicant has stated that he will remodel the existing home and re-orient this home so that it
faces Woodstock Avenue. The applicant has indicated that he will demolish the existing
detached garage on the property.
After the subdivision, Parcel B would not meet the requirement of 100 feet of frontage along
Woodstock Avenue (it will have only 78 feet of frontage along Woodstock at the required 35-
foot setback line). The applicant has stated that he will meet all setback requirements for a
new home on Parcel B.
Qualification Governing Approval as a Minor Subdivision
According to Section 12.50 of the City's Subdivision Regulations, the following are the
regulations governing approval of minor subdivisions:
1. Minor subdivisions shall be denied if the proposed lots do not meet the requirements
of the appropriate zoninq district. In this case, the newly created Parcel B would not
have the required 100 feet of frontage along Woodstock Avenue (it will have only 77
feet of frontage along Woodstock at the required 35-foot setback line). Also, the
existing home would no longer meet the 15-foot setback from the east side yard
property line (it will only be 10 feet from the proposed east side yard property line).
Because of these nonconformities, variances must be approved by the City Council
in order for the minor subdivision to be approved.
2. A minor subdivision may be denied if the City EnQineer determines that the lots are
not buildable. In this case, the Public Works Director has determined that the lot at
407 Turner's Crossroad is buildable.
3. A minor subdivision may be denied if there are no sewer and water connections
available or if it is determined by the City Enqineer that an undue strain will be
placed on City utility systems by the addition of new lots. In this case, sewer and
water lines are available to provide service for both homes. The existing street
system is more than adequate to provide access to both homes.
4. Approval of the minor subdivision may require the Qrantinq of certain easements to
the City. The final plat would show all necessary easements as required by the City
Engineer.
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5. If public aqencies other than the City have iurisdiction of the streets adiacent to the
minor subdivision, the aqencies will be qiven the opportunity to comment. In this
case, no other agencies have any jurisdiction.
6. The City may ask for review of title if required by the City Attorney due to dedication
of certain easement. The City Attorney will determine if such a title review is
necessary prior to approval of the final plat.
7. The minor subdivision may be subiect to park dedication requirements. The policy
of the City has been that a park dedication fee will be required if the new subdivision
creates any new lots for development. The applicant will be required to pay this fee
at the time of the Final Plat approval.
Variance Criteria from the Subdivision Code
As stated above, the approval of this minor subdivision will require a variance to the
Subdivision Code. The Subdivision Code states that the Council may grant variances as
long as there is a finding that the following conditions are met:
1. There are special circumstances for conditions affecting said property so that the
strict application of the provisions of the Subdivision Code would create an unusual
hardship and deprive the applicant of the reasonable use of his land. Economic
difficulty or inconvenience shall not constitute a hardship situation for the purpose of
this Code.
2. The variance is necessary for the preservation and enjoyment of a substantial
property right of the petitioner.
3. The granting of the variance will not be detrimental to the public welfare or injurious
to other property in the neighborhood in which said property is situated.
The Code states that the City shall consider the nature of the proposed use of the land, the
existing use of land in the vicinity, and the number of people who will reside in the
subdivision, and how traffic conditions will be affected by the additional development in the
subdivision. The City may prescribe conditions to the variance. The Planning Commission is
expected to make a recommendation on the variance request.
Recommended Action
In this case, the staff will not make a recommendation. There are arguments on both sides
for the minor subdivision. Staff has generally been advocates for the creation of additional
lots through the replatting of property. Golden Valley is a desirable place to live and the
proposed vacant lot would probably be purchased within a short period of time for a valuable
home. One more home in the area would have a minimal effect on the existing street and
other city systems. However, the new proposed lot would not meet the minimum frontage
requirement thus necessitating a variance from the subdivision code. Also, the subdivision
would create a situation where the existing home no longer meets one side yard setback
requirement.
If the Planning Commission chooses to recommend approval of the minor subdivision and
subdivision code variances, the following conditions are suggested:
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1. The City Attorney will determine if a title review is necessary prior to approval of the
final plat.
2. The recommendations of Public Works Director Jeannine Clancy as found in her
memo dated January 6, 2003 become a part of this approval.
3. Park dedication fees be paid at the time of Final Plat approval.
Attachments:
. Location Map
. Property survey showing existing and proposed property lines
· Photographs of the property
. Memorandum from Jeannine Clancy to Mark Grimes dated January 6,
2003
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Established In 1962
INVOICE NO. 64639
F.B.NO. 937-43,44
SCALE: 1" = 30'
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LOT SURVEYS COMPANY, INC.
LAND SURVEYORS
REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA
7601 73rd Avenue North 763-560-3093
Fax No. 763-560-3522
Minneapolis, Minnesota 55428
~UrUty.orB <lttrUfiralt
o Denotes Iron Monument
Property located in Section
33. Township 118. Ranlle 21
Hennepin County. )finnesota
Propose~_ Lot Split
GREG NEWTSON
Note: Bearing Datum Assumed
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EXISTING LEGAL DESCRIPTION:
Lot 1, Block 2, SKELLY'S ADDITION, Hennepin County, Minnesota,
( Area - 24,192 sq. feet, 0.555 acres)
PARCEL A - (Area - 14,092 sq. feet. 0.323 acres)
That port of Lot 1, Block 2, SKELLY'S ADDITION, according to the recorded plat thereof
situate in Hennepin County, Minnesota lying west of the East 78.50 feet thereof.
Subject to easements and restrictions of record, if any.
PARCEL B - ( Area - 10,100 sq. feet, 0.232 acres)
The East 78.50 feet of Lot 1, Block 2, SKELLY'S ADDITION,
plat thereof situate in Hennepin County, Minnesota.
Sub ject to easements and restrictions of record, if any.
according to the recorded
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The only easements shown ore from plots of record or information
provided by client.
We hereby certify that this is CI true and correct representation of
o survey of the boundories of the above described land and the
location of 011 huildings and visible encroachmflnts, if any, from Qr on
sClid tand.
SIIrvl'yed by II~ this ._~_ day of
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Signed .;J,2:j" J It
Charles f!;! Anderson, Minn. Reg. No.21753 or
Gregory R. Prosch, Minn Reg No. 24992
DECEMBER
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Memorandum
Public Works
763-593-8030 I 763-593-3988 (fax)
1
alley
Date:
January 6, 2003
To:
Mark Grimes, Director of Planning and Development
Jeannine Clancy, Director of Public Works AU (?'~
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From:
Subject:
Minor Subdivision for Greg Newtson
Public Works staff has reviewed the proposed minor subdivision for Greg Newtson. The
subdivision is located in the southwest corner of Turner's Crossroad and Woodstock
Avenue. The lot being subdivided has an existing house on it that will remain in place.
Public Works staff notes a number of concerns with the proposed subdivision:
1. The final plat forthis subdivision will be required to provide drainage and utility
easements on all lotlines consistent with the subdivision ordinance. This
includes 10 foot wide easements on all street frontage, a12 foot wide easement
centered on the common lot line and 6 foot wide easements on all other lot lines.
2. Water and sewer services for Parcel A are within Turner's Crossroad. Since a
new home is proposed for Parcel 8 which would be constructed over the existing
services, the existing services for the existing home on Parcel A must be
disconnected. New services for Parcel A must be connected to water and sewer
available in WoodstockAvenue. The water main in Woodstock Avenue is south
of centerline and the sewer is at centerline. Connection to the Woodstock
Avenue water and sewer mains will require a right-ot-way excavation permit.
The proposed home tor Parcel 8 can utilize the existing services trom Turner's
Crossroad. Restoration ot the street must comply with the City's right-ot-way
ordinance. Intormation regarding these requirements will be provided when
application tor a permit is made.
3. Placement of driveways for Parcels A and 8 is subject to the review and approval
of the City Engineer. Construction of the driveway and restoration ot the street
require a right-of-way permit. Restoration of the street must comply with the
City's right-ot-way ordinance and standards adopted by the Public Works
Department. Information regarding these requirements will be provided when
application for a permit is made.
G:\Developments-Private\Greg Newtspn\Review.doc
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4. This subdivision will be subject to the Tree Preservation Ordinance and the
Grading, Drainage and Erosion Control Ordinance. The plans for conforming to
these ordinances will be required prior to construction of a new home on
Parcel B.
5. The address for the existing home (Parcel A) is a Turner's Crossroad address,
which must be revised to a Woodstock Avenue address. The address for Parcel
B will be based on the driveway location of the home.
Staff recommends approval of the proposed subdivision subject to the comments
contained in this review, and the comments of other staff.
Please feel free to call me if you have any questions regarding this matter.
C: Jeff Oliver, City Engineer
AI Lundstrom, Environmental Coordinator
Gary Johnson, Building Official
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FLYNN, GASKINS & BENNETT, L.L.E
ATTORNEYS AT LAW
GEORGE W. FLYNN
STEVE GASKINS
ROBERT BENNETT
BARBARA .JEAN D'AQUILA
.JEANNINEL. LEE
TIMOTHY R. SCHUPP
STEVEN E. RAU
WILLIAM .J. TIPPING
THOMAS KLOSOWSKI
BRADLEY .J. AYERS
HAL A. SHILLINGSTAD
DAVID A. WIKOFF
SCOTT M. RUSERT
KAREN REIERSON
.JENNIFER F. ROSEMARK
333 SOUTH SEVENTH STREET. SUITE 2900
MINNEAPOLIS, MINNESOTA 55402
PHONE: 612.333.9500 . FAX: 612.333.9579
TOLL FREE: 866.397.4497
WWW.FLYNNGASKINS.COM
Direct Dial: 612/333-9541
E-Mail: ckaisershot@flynngaskins.com
January 6,2003
Golden Valley Planning Commission
Golden Valley City Hall
7800 Golden Valley Road
Golden Valley, MN 55427
RE: Proposed Subdivision of2200 Ensign Avenue North (SUl9-04)
Dear Chair Pentel:
CYNTHIA A. BREMER
HEIDI SCHNEIDER
PATRICK R. MARTIN
.JOHN .J. LARAVUSO
ERIC WILLIAM HAGEMAN
CHRISTOPHER M. KAISERSHOT
SONIA MILLER-VAN OORT
.JONATHAN A. STRAUSS
SHALANDA D. BALLARD
LORI D. SEMKE
WENDY M. CANADAY
ELIZABETH A. MOFFITT
ANDREA KIEHL
RYAN O. VETTLESON
ANDREW .J. NOEL
As of December 27, 2002, I own Lot 9, Block 6 Medley Hills located at 2200 Ensign Avenue
North in Golden Valley. I do not consent to the above-referenced proposed subdivision.
Moreover, the Planning Commission was missing critical information when it approved the
subdivision. Specifically, one of the co-applicants, Viola Saari, did not have an interest in the
property at the time the vote occurred on September 23,2002.
I purchased the property from Groh's Construction Inc. on December 27,2002. On information
and belief, Groh's Construction bought the property in approximately March 2002 after Ms. Saari
defaulted on her mortgage. Groh's Construction continuously owned the property until I bought
it on December 27.
Accordingly, as the current property owner, I formally withdraw the subdivision application. In
the alternative, I request that the Planning Commission rescind its approval of the subdivision for
the reasons that (1) I object to the application and (2) that the application was improper and
incomplete because Ms. Saari did not have an interest in the property at the time the vote
occurred.
Please contact me if you have any questions.
Very trull yours, / ./
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