03-23-04 BZA Agenda
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Board of Zoning Appeals
Regular Meeting
Tuesday, March 23, 2004
7pm
7800 Golden Valley Road
Council Chambers
I.
Approval of Minutes - February 24, 2004
II.
The Petitions are:
5621 Duluth Street 55422 (04-03-07)
Applebee's International. Applicant
Request: Waiver from Section 11.30, Subd. 6 Parking Requirements
. 247 parking spaces off the required 713 parking spaces for a total
of 466 parking spaces
Purpose: To allow the applicant to operate a restaurant in the Spring Gate
Shopping Center
5020 Colonial Drive 55416 (04-03-08)
Ken Stone. Kodet Architecture. Applicant
Request: Waiver from Section 11.21, Subd. 7(A) Front Yard Setbacks
. 12 ft. off the required 35 ft. to a distance of 23 ft. at its closest point
to the front yard property line along Colonial Drive.
Purpose: To allow for the construction of a proposed new entrance, dining
room, kitchen and garage addition.
Request: Waiver from Section 11.21, Subd. 7(B) Rear Yard Setbacks
. 5 ft. off the required 26.24 ft. to a distance of 21.24 ft. at its closest
point to the rear yard property line.
Purpose: To allow for the construction of two new bedrooms, a master bath,
and an enlarged family room.
Request: Waiver from Section 11.21, Subd. 7(C) Side Yard Setbacks
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Purpose:
. 9.8 ft. off the required 13.3 ft. to a distance of 3.5 ft. at its closest
point to the rear yard property line.
To bring the existing deck into conformance with building setback
requirements.
7155 Medicine lake Road 55427 (04-03-09)
Michael B. Pierce. Applicant
Request: Waiver from Section 11.30, Subd. 6 Parking Requirements
. 26 parking spaces off the required 52 parking spaces for a total of
26 parking spaces
Purpose: To allow the applicant to construct a new 4,441 square foot, 2 story
office building.
1529 Fairlawn Way 55416 (04-03-10)
Rita and Martin Newman. Applicant
Request: Waiver from Section 11.21, Subd. 7(C) Side Yard Setbacks
. 7 ft. off the required 12 ft. to a distance of 5 ft. at its closest point to
the side yard property line.
Purpose: To allow for the construction of a second garage stall.
III. Other Business
IV. Adjournment
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Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
February 24, 2004
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,
January 27, 2004 in the Council Chambers, 7800 Golden Valley Road, Golden Valley,
Minnesota. Chair Sell called the meeting to order at 7 pm.
Those present were Chair Sell, members Cera and Hughes and Plan
Representative Keysser. Also present were Director of Planning and
Grimes and Recording Secretary Lisa Wittman. Members McCr n
were absent.
I. Approval of Minutes - January 27,2004
___4@:;:..::",..
MOVED by Keysser, seconded by Hughes and motionW~i'
the minutes from the January 27, 2004 meeting
II. The Petitions are:
Request:
, Subd. 7(A) Yard Requirements
35 ft. to a distance of 8 ft. at its closest point
'ne along Boone Ave. N.
Purpose:
ommodate City right-of-way and sidewalk needs.
Section 11.30, Subd. 7(A) Y~rd Requirements
ff the required 35 ft. to a distance of 25 ft. at its closest point
north property. line along Golden Valley Road.
To allow for the construction of a gas/convenience store with a car
wash.
Request: Waiver from Section 11.30, Subd. 7(A) Yard Requirements
· 17 ft. off the required 35 ft. to a distance of 18 ft. at its closest point
to the south property line along TH 55.
Purpose.: To allow for the construction of a gas/convenience store with a car
wash.
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Minutes of the Board of Zon.ing Appeals
February 24, 2004
Page 2
Grimes stated that this request is for variances for the Amoco gas station located at the
corner of Boone Avenue and TH 55; He reminded the Board that in 2001 BP made a
similar request for a BP Company Store but that that was never built. He stated that the
Planning Commission has recommended approval of a Conditional Use Permit for this
proposed use and that it is expected to go to the City Council in March. He explained
that when the gas station was originally built in the 1960's a Conditional Use Permit was
not required.
Grimes said that the applicant is asking for three setback variances an
property is unique because Boone Avenue is on one side, Golden V
one side, Highway 55 is on one side and the creek is on one side
He explained that the reason the applicant is requesting a v
Avenue is because the City is requiring 40 feet of easemen
project at TH 55 and General Mills Blvd. .
Sell asked how many parking spaces would be ta
the fact that the cashier's visibility can not be re c
been addressed with the Fire Department and t BP w
monitor their gas pumps. He said that app 1/30
pumps were allowed to be counted whe
of the stored ue to
e that issue has
be using video cameras to
e parking spaces at the
g numbers.
Grimes explained that the whole g
the improvements being done s
hump across TH 55 and adding
to General Mills Blvd. and
General Mills Blvd.
ding issues in the area and that
ve the area such as getting rid of the
u I s going westbound to southbound on
nes going northbound to eastbound on to
Hughes asked if B
r auto repair service at this location. Grimes said no.
Cera compare
now and noted
Avenue.
Grime
ested in 2001 with the variances being requested
y difference is the variance being requested along Boone
. erence is because of the proposed road reconstruction.
Ined that Boone Avenue would be much wider.
Jd
requ
feet al
referred to
located.
esign, architect for the project, stated that the previous variance
one Avenue was 14 feet. In this proposalthe variance request is for 37
e. He said that the property would be changing considerably and
ite plan to show where the new gas pump islands and building would be
Hughes asked what they were planning to do to stabilize the soil on the site. Kosmas
explained how they were going to build everything on new pilings.
Cera asked if they would be moving the existing fuel tanks. Kosmas explained that the
tanks will be moved to the northern part of the site and will be built on a platform
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Minutes of the Board of Zoning Appeals
February 24, 2004
Page 3
supported by pilings underground with straps holding them in place so they will not
move.
Hughes asked how much the new building would be elevated on the property. Kosmas
said that the new building will be one foot out of the floodplain as required and that it
would be approximately l' 4" higher than the existing building. Hughes asked if the
pump area would be raised as well. Kosmas said yes and explained that there will be a
gradual rise to the property, not the upswing there is now.
Grimes asked how the berm system will work. Kosmas said his unde
the berm being built on the east side of the property will be used
overflowing the banks ofthe creek and that the flow of the wat
would go into a storm water pond north of Golden Valley Ro
full, the water would be pumped over the berm back into th
the building will stay dry because it is out of the floodplain bu
the first couple rows of pump islands. He said the inte
someplace to go with this relief system.
as
knows
sure about
ill now have
Keysser said.that the Planning Commission has
Use Permit for BP and did unanimously re
the Board of Zoning Appeals.
quest for the Conditional
I to the City Council and to
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MOVED by Cera, seconded by Ke
following variance requests:
ried unanimously to approve the
. 27 ft. off the required 35
property line along B
ce of 8 ft. at its closest point to the west
. 17 ft. off the
propert n
distance of 25 ft. at its closest point to the north
y Road
distance of18 ft. at its closest point to the south
enueW. 55427 (04-02-04)
DlS stems Inc. A Iicant
Waiver from Section 11.36, Subd. 7(A) Parking Requirements
. 19 parking spaces off the required 59 parking spaces fora total of
40 parking spaces.
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Purpose: To allow for the construction ofa proposed new 6,700 sq. ft.
building expansion.
Grimes explained that it was brought to his attention that the site plan given tothe
Board was not on a survey. He said that there was an as-built survey for the property
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Minutes of the Board of Zoning Appeals
February 24, 2004
Page 4
on file and that he verified the setbacks on both documents and found that what they
submitted is an accurate representation of the existing conditions on the site and that
they do not require any further variances other than the one being requested for the
number of parking spaces to go from the required 59 spaces to 40 spaces.
Grimes stated that the applicants would like to expand their existing building by adding
a 6,700 square foot addition to be used as a storage area for raw materials. He said
that the Public Safety Department has reviewed the proposed plans and have
suggested that the curb on the east side of the site be moved to make'
trucks to access the site.
MO
reques
parking sp
Grimes discussed the parkihg on the site and said that the curr
for this site are one space per 500 square feet of warehous
every 250 square feet of office space. He added that the Ci
staff study the City's current parking requirements and that c
the requirement be changed to one space per every 1, 0
warehouse space, which he feels is reasonable. H
proposing to add any additional employees and
any of the newly proposed warehouse space int
.
Keysser asked if there was on-street pa
some on-street parking in the area.
area. Grimes said there is
Hughes asked why the curb isn'
the east side. Grimes said he
recommended the curb on
on the west side of the site like it is on
t t the Inspections Department has only
anged.
abel, ated that all of the proposed new space will
. Is. She explained that trucks come in on the east
t side and that the curb will be replaced on the east
ed it when entering the site.
cks typically enter the site. Tappe said large semi-trucks
but that it is mostly smaller vans and trucks coming to the
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2405 Vale Crest Road 55422 (04-02-05)
Fred Bruning of Sawhorse Design, Applicant
(Jim Kalitowski & Debra Rae. Owners)
Request: Waiver from Section 11.21, Subd. 7(e) Side Yard Setbacks
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Minutes of the Board of Zoning Appeals
February 24, 2004
Page 5
· .5 ft. off the required 15 ft. to a distance of 10 ft. at its closest point
to the north s~de yard property line.
Purpose:
To allow for the construction of a garage addition.
Grimes explained that when the applicant originally submitted his proposal, the
proposed garage was not drawn on an as-built survey. He said the City had a current
as-built survey on file so he drew the proposed garage on it and it turned out that there
would be. five additional feet of setback area to the north side yard pro than
what was originally proposed. He said thatthe applicants are proposi their
existing garage space to living .space and put a new 3-car garage' fr use.
He said that there was an email from the neighbor to the west ss the ing
they are not in favor of the variance request.
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Grimes noted that the proposed garage is only 19 feet deep
Board discuss requiring it to be made deeper because1,'
front. He added that a large two car garage could
all ofthe setback requirements without requesti
variance was granted for this property because
south side yard property line. The varianc
that time was going to build a conformi
that addition was never built, but the v
legally non-conforming remains v .
that the
e oom to the
roperty and still meet
ce e said that in 1990a
s built too close to the
use the property owner at
earof the house. He said
ke e south side yard property
Keysser referred to a large oak
survive the construction of
of the home would be di
n n site plans and asked if it would
ew addition. Grimes said that adding to rear
ere is a steep slope to the creek.
Hughes asked wha
sure but that it is a g
's to the house to the north. Grimes said he wasn't
nd the lots are large in this area.
il sent by a homeowner in the area who is against this
would have any visual impact on them. Grimes said that they
proposed addition at all from their house and that they are
feet away.
whorse Designers and Builders, applicant, stated that the proposed
abitable space and that most cities make a distinction between
non-habitable space.
Cera explained that the Board of Zoning Appeals has to look at the hardship with the
property itself and asked the applicant what he feels the hardship is with the property.
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Bruning said the orientation of the house on the lot minimizes where they can build . He
ad.ded that the property drops-off toward the creek in the rear yard and that the owners
have two cars and a boat they would like to store inside a garage and there is no
storage space in the rear yard.
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Minutes of the Board of Zoning Appeals
February24, 2004
Page 6
Cera explained that the precedent has been to allow a second garage stall into the
setback area because having only one garage stall could be considered a hardship, but
that having two garage stalls and wanting a third has not been considered a hardship.
Bruning said traditionally, in the 1940's and 1950's two car garages were a luxury and in
the 1960's, 70's and 80's two car garages became more of a necessity and now people
two people work and they need the storage space and that they want to keep the
neighborhood looking nice and don't want to store things outside.
Hughes asked if it is feasible to put a bedroom addition some place
Bruning said they looked at a lot of different options butthe walk-
be too long.
Grimes asked why they are proposing only a 19 foot deepg
gain extra storage room by building a deeper garage. Brunin
the plans actually measures 20 feet deep which he c .
car garage but it doesn't allow for boat or car stor
minimize the side yard impact
Y could
arage on
i depth for a 2-
at they are trying to
Sell said when hefirst saw this request he
proposed to build a sizable two car gar
would certainly suggest the garage be
front yard. He said he is normally
stall butthat the owners in this
just requesting this variance to
the lot to build additional s
working onan ordinanc
yards. Grimes said the n
parked on a hard s e
plicant could have
any variances. He said he
ee since there is room in the
;'l'Ig variances for a third garage
ining living space and that they are not
r' rage. He.saidthere is no place else on
space and referred to the fact that the City is
t allow recreational vehicles and boats in front
nce Id still allow for one recreational vehicle to be
front yard.
Keysser asked
Bruning said it
addition.
age addition would be one story with a peak roof.
ip roof and would be low profile and wouldn't look like an
to approve the variance as requested. The motion was seconded
that the motion would allow the applicant to have a to foot side yard
and that the addition could be 35 feet to the front yard property line.
Keysserasked if it would be a fair trade-off to allow a 22 footwide garage with no side
yard. He seconded the motion for approval.
Cera stated that the Board has a statutory requirement to give variance approval
because of hardships and that there is no precedence and no hardship forthis
proposal. He added that approving this variance request would open the floodgates for
others in the City to requesfvariances for third stall garages. He said there is nothing
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Minutes of the Board of Zoning Appeals
February 24, 2004
Page 7
about this lot that says he has to have a 3-car garage versus a functional 2-car garage.
He said maybe this is something the City Councilor the Planning Commission needs to
discuss but that it is not in the BZA's authority to approve this request right now.
Keysser said he shares the same view as Cera, but in this proposal there is a very large
area between the houses and the property at 2415 next to this one is in favor of the
proposal. Hughes added that the rear yard is inaccessible.
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Sell stated thatthe hardship runs with the land and that there is no wh
on this lot. He said if there was room on the lot to build anything else
say no to this proposal.
Cera said the key is that the applicant does not need the thir
hardship goes with the lot and not what a person needs.
Keysser asked whatthe precedence has been for allo
the Board has never granted a variance for a thir
has been on the BZA.
ges. Cera said
e two years that he
Grimes said that a 2 to 2 vote would mea
He said another option might be to tabl
present.
equest would be denied.
re were 5 BZA members
Cera called the question, Hugh
request was denied due to fact
yes, Keysser and Cera voted no. The
to 2 vote.
ection 11.21, Subd. 7(e) Side Yard Setbacks
. off the required 15 ft. to a distance of 12.22 ft. at its closest
the north side yard property line.
To bring the existing home into conformance with building setback
requirements.
d that the applicant is proposing to turn his 1 % story home into a 2
story home. he reason he is requesting the variance is because the existing home is
located 12.22 feet from the north side yard property line instead ofthe required 15 feet.
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Cera asked if this proposal would require a variance under the Zoning Code text
amendment being proposed. Grimes said it would not need a variance under the new
text amendment because the conditions of the house existed before 1982.
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Minutes of the Board of Zoning Appeals
February 24, 2004
Page 8
MOVEO by Cera, seconded by Keysser and motion carried unanimously to approve the
request for 2.78 ft. off the required 15 ft. to a distance of 12.22 ft. at its closest point to
the north side yard property line.
III. Other Business
Grimes asked the Board Members if they would like to be reappointed to the BZA for
another year. Hughes said yes, Sell said yes, Cera said yes.
IV. Adjournment
The meeting was adjourned at 8:25 pm.
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Planning
763-593-80951 763-593-8109 (fax)
Date:
March 15, 2004
To:
Golden Valley Board of Zoning Appeals
From:
MarkW. Grimes, Director of Planning and Development
Subject:
5621 Duluth 51. 55422 (04-03-07)
Applebee's International, Applicant
Applebee's International has applied for a conditional use permit (CUP) in order to operate a
Class III restaurant at the former Blockbuster location in the Spring Gate Shopping Center. The
building is owned by Spring.Gate Partners, LLP, and they have given permission for
Applebee's to go through the City permit process to allow an Applebee's restaurant. In addition
to a CUP, Applebee's must also receive a variance for the number of parking spaces since the
Spring Gate Shopping Center currently does not meet the City's parking requirement.
(Although the two buildings that make up the Spring Gate Shopping Center. are separately
owned, there is a cross parking agreement over all parking areas on both lots. This means that
parking for any business in either building can park anywhere on the two properties making up
the Spring Gate Shopping Center. The determination of how much parking is needed for the
shopping center is determined by the number of parking spaces on both properties.)
Applebee's is scheduled to go before the Planning Commission for consideration of the CUP
on Monday, March 22, 2004, one day prior to the BZA consideration of the parking variance.
Staff will make the BZA aware ofthe recommendation of the Planning Commission atthe
March 23 BZA meeting. A decision ofthe BZA is necessary whether or not the Planning
Commission recommends approval or denial to the City Council on the CUP. The final decision
to approve the CUP is up to the City Council. If the BZA decides to not approve the parking
variance for Spring Gate, Applebee's has the right to appeal that decision to the City Council at
the same time the Planning Commission's recommendation on the CUP is considered.
A copy of my memo to the Planning Commission explaining the CUP request is attached. As
part of their recommendation to the City Council, they may address the proposed parking
variance. Vice Chairman Keyser will be able to give a report of the Planning Commission
action on the CUP from the previous evening.
The variance for parking is necessary because the existing shopping center with the proposed
Applebee's restaurant will require a total of 713 parking spaces and only 466 spaces exist.
This number of spaces has been about the same since the shopping center was developed in
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the late 1960's. At that time, the shopping center received parking variances that allowed the
shopping center to develop with about240 spaces below the amount required by the code at
that time. Since that time, new parking standards have been adopted. Based on the existing
parking requirements and the Applebee's restaurant was not added to the shopping center,
639 spaces would be required assuming the existing uses and a new retail (non-restaurant)
use for the Blockbuster space. The existing shopping center is considered non-conforming as
far as parking is concerned. At the time the sopping centerwas built, variances were also
granted from setback requirements. The variances remain valid because no changes are
proposed to the size of the parking lot or building.
It is the intention of the OWner of the shopping center to add no parking to the site for the
Applebee's other than increasing the parking by more efficient use of the current space. The
713 spaces are determined by combining all the existing uses now in the Byerly's building and
the Spring Gate Partners building. The building owned by Spring Gate Partners has been
traditional retail for the past 30 years or so. Retail has a parking ratio of one space for each
150 sq. ft. of floor space. The parking spaces required for a Class III restaurant is one space
for every 25 sq. ft. of bar area, one space for each 40 sq. ft. of public area, and one space for
each 80 sq. ft. of non-public area. The Applebee's space itself has a parking requirement of
106 spaces while the Blockbuster or othertraditional retail use would require only 36 parking
spaces.
Because it was known that the Spring Gate Shopping Center has less parking than would be
required by the existing zoning code, the only way that a more intense use like a restaurant
could be added is with a parking variance. In order to determine if such a parking variance
should be considered (along with changes to the design of the parking lot and access points to
the parking lot from the public street), the City hired SEH, a traffic engineering consulting firm,
to study the parking issue. The result of the study is that the existing parking on the site will
work with the adding of the Applebee's because of the shared parking concept shown on Table
3 in the report. This table shows that the highest demand would be 506 spaces at noon when
the two restaurants are at their highest use. It is the opinion of Glen VanWormer, PE, ofSEH
that the addition of additional parking spaces within the parking lot by more efficient striping
and design, the number of spaces will be adequate to handle the Applebee's plus all the
existing uses. This will require the elimination of the park and ride spaces now using the
parking lot and the understanding that only retail and office space can utilize space in the
shopping center other than Applebee's or the Byerly's restaurant.
Applebee's is requesting variances from one section of the Commercial zoning district (Section
11.30, Subd. 6) related to. parking. The code states that within the commercial zoning district,
the number of parking spaces required is based on the use of the building. The variance
requested is as follows:
· Section 11.30, Subd. 6 Loading and Parking Requirements. City Code requires that
the Spring Gate Shopping Center have 713 parking spaces based on the requirement
for retail stores, offices and restaurants. The variance request is for 247 spaces off the
required 713 spaces for a total of 466 parking spaces.
The City's file on this property indicates that the shopping center was constructed in late 1967.
See Large Size Plans and/or Survey in
Planning Department
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lIey
Planning
763-593-8095/ 763-593-8109 (fax)
Date:
March 17,2004
From:
Golden Valley Planning Commission
Mark W. Grimes, Director of Planning and Development
To:
Subject:
Informal Public Hearing on Conditional Use Permit (CUP) to Allow Class III
Restaurant at Spring Gate Shopping Center--5621 Duluth St.-Applebee's
International, Applicant
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Applebee's International is requesting a conditional use permit (CUP) in order to operate a
Class III restaurant within the Commercial zoning district. A Class III restaurant is defined as
follows:
Any type of night club, tavern, restaurant or other facility providing entertainment, food and/or
beverage that provides sit-down service but may also provide standup bar service and
standup tables within the premises.
The proposal is to operate a typical Applebee's restaurant with 157 seats in the former
location of the Blockbuster Video store that recently closed. The restaurant will include a bar
area as indicated on the plans. The restaurant will be a total of 5,300 sq. ft. in area. They are
planning to add a small freezer/storage room on to the south side of the building that will be
about 525 sq. ft. in area and meet the building setback requirement of 50 ft. from the south
property line adjacent to a Multiple Family zoning district. For a restaurant of this size, the
parking code requires a total of 106 parking spaces.
The proposed Applebee's location is a part of the larger Spring Gate Shopping Center. There
are three lots that make up the shopping center. Two of the lots are controlled by Byerly's
and the other lot is owned by Spring Gate Partners where the Applebee's is planned to be
located. The entire Spring Gate Shopping Center is about 8.8 acres in size. The two Byerly's
lots are about 4.3 acres in total and the Spring Gate Partners lot is about 4.6 acres. The
Byerly's building (grocery store, restaurant and liquor store) totals 51,500 sq. ft. in area. The
Spring Gate Partners building (Walgreen's and proposed Applebee's and the businesses in
between) total 42,000 sq. ft. in area.
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There are a total of 466 parking spaces for the entire shopping center. There is a cross
parking agreement that allows customers from either Byerly's or the businesses in the Spring
Gate Partners building to park anywhere in the lot. Maintenance of the lot is shared by both
of the owners.
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Construction on the Spring Gate Shopping Center began in 1967 with the construction of the
Byerly's grocery store. The Byerly's was added on to for the restaurant and liquor store a
couple years after that. The 5621 Duluth building (Walgreen's et. al.) was built around the
same time. When the buildings were constructed, a parking variance was granted by the
City Council to allow for the shopping center to go forward with about 240 spaces fewer than
was required by code at that time. There was also setback variances granted for the
construction of the shopping center.
In addition to the CUP application, Applebee's is also requesting a parking variance that
would allow for the restaurant. The existing parking lot of 466 spaces was designed for the
retail center as it exists today, including the grocery store, Byerly's restaurant, offices and
retail space. With the addition of the Class III restaurant (Applebee's), the variance that
permitted the shopping center to have around 466 parking spaces is no longer valid because
the restaurant has a higher parking requirement than normal retail uses such as a
Blockbuster video store. This variance request will be reviewed by the Board of Zoning
Appeals after a review and recommendation by the Planning Commission on the CUP. (The
BZA variance consideration is scheduled for Tuesday, March 23, 2004.)
The Spring Gate Shopping Center is guided on the General Land Use Plan map for
Commercial uses. The property is zoned Commercial. Restaurants are consistent with both
the General Land Use plan map and zoning map designations. (If this shopping center was
to be built today with two distinct buildings, it would require a Planned Unit Development.)
. There are a variety of land uses surrounding this site and they are listed below:
. East- TH 100 (area east of TH 100 is zoned Residential)
. West-Bassett Creek Office building (office PUD)
. North-Property north of Duluth 8t. is zoned Institutional (MnDOT property) and Office
. South-CopaCabana Apartments (zoned M-1) and Covenant Manor (residential PUD)
The proposal by Applebee's is quite simple - they are converting the Blockbuster space into a
157 seat restaurant. As part of the application process they have submitted a site plan,
restaurant layout, and building elevations.
The staff believes that the addition of the Applebee's to the Spring Gate Shopping Center will
be good for the City if certain conditions are met. These concerns relate specifically to the
design of the parking lot, access points to the TH 100 frontage road and parking. At the
beginning of the CUP process, Applebee's agreed to pay for a study to be done by the City's
traffic engineer, Glen Van Wormer of 8EH. The reason for the study was to determine if there
is adequate parking in the parking lot to accommodate the Applebee's. As part of this review,
it was also determined that improvements to the design of the parking lot should be done.
This redesign includes the need to reduce the number of driveways onto the TH 100 frontage
road from 3 to 1.
.
An agreement has been reached between the City, Spring Gate Partners and Byerly's
regarding the necessity of these improvements and who would be responsible for making the
improvements in a timely manner. The City will be making the improvements on City right-of-
way related to the driveways from the frontage road and sidewalk improvements. All internal
improvements would be made by Applebee's.
2
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I am enclosing a report from City Engineer Jeff Oliver, PE, dated February 27,2004. The
report from Jeff Oliver includes a letter from Glen Van Wormer dated February 19, 2004. An
additional letter from Mr. Van Wormer dated March 16, 2004 with a revised parking lot layout
is also attached. This layout is the preferred layout because it adds about 29 parking spaces
to the parking lot as requested by Byerly's.
In terms of the adequacy of parking in the parking lot, Mr. Van Wormer indicates that he
believes that there is a peak need for 506 spaces as shown on Table 3 (Shared Parking
Concept) in his January 28, 2004 report. With the addition of the 30 spaces shown on the
plan attached to his March 16, 2004 letter report, the shopping center will have 496 parking
spaces. Mr. Van Wormer believes that his methodology is conservative and that the 496
spaces will be adequate based on the existing shopping center with Applebee's. Staff is
comfortable with the number of parking spaces and proposed design of the parking lot as
proposed. However, a variance from the 713 parking spaces that is required by current code
will have to be considered by the BZA at their March 23, 2004 meeting.
One of the recommendations of staff will be the elimination of the Metro Transit park and ride
lot at Spring Gate. On some days, up to 40 cars may use the parking lot for that purpose.
The City will work with Metro Transit to find another suitable location in the area for the park
and ride parking lot. The most logical location is the MnDOT parking lot north of Duluth St.
.
FACTORS FOR CONSIDERATION
When considering the approval or denial of a CUP, City Code requires that findings be made
on ten specified factors. Staff evaluation of the ten factors as they relate to the current
proposal is as follows:
1. Demonstrated Need for the Use: The City's standard basis for determining need is that
an applicant has identified a market for the proposed goods or services. In this case,
Applebee's has determined that there is a market for their restaurant at this location. It is
not unusual to have two restaurants or food options in a shopping center.
2. Consistency with the Comprehensive Plan: The Plan map identified the site for
commercial uses. A restaurant is compatible with this designation.
3. Effect on Property Values in the Area: The proposed Applebee's location was
previously used by Blockbuster and other retail uses. A restaurant such as Applebee's will
create more traffic than a video store or many other retail stores. However, a restaurant is
a typical tenant in a shopping center. With the apartment building to the south, Applebee's
will have to be vigilant to police their parking area for both litter and loitering. Applebee's
has a good reputation as being well managed. Although they sell alcohol, they are known
more for their food than the bar. With property management, staff believes that the
Applebee's will not have a negative impact on the property values in the area.
.
4. Effect of any Anticipated Traffic Generation upon Current Traffic Flows and
Congestion in the Area: There will be increased traffic due to the Applebee's in
comparison with the Blockbuster. However, the proposed changes to the parking lot and
access points will be a great benefit to the shopping center and allow the restaurant to
work in this location. (Please refer to the Van Wormer reports and the memo from City
Engineer Jeff Oliver, PE.)
3
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.
3.
.
5. Effect on any Increase in Population: Since this is not a residential use, the population
will not increase due to the restaurant. However, there will be an increase of people
coming to the site to eat and work. Based on the Van Wormer report, there is adequate
parking on the site to handle both the employees and customers.
6. Increase in Noise Levels: Staff does not believe that the restaurant will cause an
increase in noise levels. There will be some increased traffic and small amounts of noise
related to car doors closing and cars starting. Trash removal already occurs in this area
and the staff will suggest that the garbage haulers come no earlier than 7 AM. The
dumpster area will have to be screened and made of material similar to the building.
7. Any Increase in Flies, Rats, or other Vermin Caused by this Use: Any food
preparation and disposal will have to be done in a manner approved by the City
Sanitarian. With proper disposal practices, this should not be a concern.
8. Any Odor from Dust, Gas or Vibration Caused by the Use: The restaurant may cause
some odors related to the cooking process. At the present time, there is a restaurant at
Byerly's and at Covenant Manor that has not caused complaints from the nearby
residential areas.
9. Visual Appearance of Proposed Structure or Use: The Applebee's restaurant will
require that the end cap of the shopping center be changed as indicated on the attached
plans. All signage will have to meet the City's sign code. The dumpster will have to be
screened in a manner acceptable to the Inspections Department. Applebee's has fit in
well in other shopping centers with the 42nd and Winnetka Ave. N. shopping center being
an example.
10. Other Concerns Regarding the Use: No other potential sources of impact on the
general health, safety or welfare have been identified by staff.
RECOMMENDED ACTION
Staff recommends approval of a CUP that would allow a Class III restaurant (Applebee's) in
the Spring Gate Shopping Center. The staff is recommending the following conditions:
1.
The site plans prepared by Landform and dated December 12, 2004 shall become a part
of this approval. However, the design of the parking lot and access points from the
frontage road is to be changed as indicated in one of the conditions below. The
preliminary building elevations and floor plan submitted by Applebee's and dated
11/19/03 shall also become a part of this approval.
2.
The recommendations of City Engineer Jeff Oliver, PE, in his memo to Mark Grimes,
Director of Planning and Development and dated February 27, 2004 shall become a part
of this approval.
The Traffic and Parking Study prepared by SEH and dated January 28, 2004 shall
become a part of this approval. Two letter prepared by Glen Van Wormerof SEH dated
February 19, 2004 and March 16, 2004 shall also become a part of this approval. The
revised parking lot layout attached to the March 16, 2004 letter shall be considered the
recommended layout for the Spring Gate Shopping Center by the City. Prior to approval
4
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of the CUP by the City Council, an agreement between Spring Gate Partners, Byerly's
and the City of Golden Valley must be signed that stipulates the necessary improvements
and who is responsible for their construction and its cost. If possible, all improvements
shall be completed prior to the opening of Applebee's. In no case, shall the improvements
be made later than August 1, 2004.
4.
The recommendations of Ed Anderson, Deputy Fire Marshal, in his memo to Mark
Grimes, Director of Planning and Development, dated January 22, 2004 shall become a
part of this approval.
5.
Any signage for the building and site shall meet the requirements of the current City sign
code.
6.
Any additional outdoor lighting shall be designed and used in such a manner as to minimize
unnecessary light spillover from the site. All lighting plans shall be approved by the Building
Official.
7.
The variances requested by Applebee's must be acted on by the Board of Zoning Appeals
before this recommendation is sent to the City Council for action.
8.
The park and ride lot be relocated prior to the opening of Applebee's.
9.
No additional restaurant space can be added to the Spring Gate Shopping Center without a
variance or amended CUP.
Trash removal shall not occur at Spring Gate Shopping Center until after 7 AM.
11. All other state, local and federal requirements shall be met.
12. Failure to comply with one or more of the above conditions shall be grounds for revocation of
the CUP.
Attachments:
Location Map (1 page)
Photos (15 pages)
Memo to Mark Grimes from Jeff Oliver, with a letter from Glen Van Wormer attached (7 pages)
Memo to Mark Grimes from Ed Anderson, dated January 22, 2004
Letter to Mark Grimes from Glen Van Wormer, dated March 16,2004 (4 pages)
Traffic and Parking Study dated January 28, 2004 (11 pages)
Preliminary Elevations (1 page)
Preliminary Floor Plan (1 page)
Existing Conditions Plan (1 oversized sheet)
Preliminary Site Plan (1 oversized sheet)
5
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Memorandum
Public Works
763.593.8030 I 763.593.3988 (fax)
alley
Date: February 27, 2004
To: Mark Grimes, Director of Planning a Development
From: Jeff Oliver, PE, City Engineer
Subject: Review of Conditional Use P rmit or Applebee's
Public Works staff has reviewed the proposed Conditional Use Permit (CUP) for an
Applebee's Restaurant in the Spring Gate Shopping Center, located in the southwest
quadrant of Trunk Highway 100 and Duluth Street. The west frontage road for Trunk
Highway 100, also know as Lilac Drive, is adjacent to the two shopping centers on the
northeast corner and the eastern boundary of the site. The proposed Applebee's will be
located in the space formerly occupied by the Blockbuster Video store. Byerly's, which
occupies the adjacent, separately owned shopping center, shares the parking lot with
the Spring Gate Shopping Center.
The parking lot shared by Spring Gate and Byerly's is also used by Metropolitan Council
Transit Organization (MCTO) for a park and ride facility. The facility is used by
approximately 25 to 30 vehicles per day.
The portion of Lilac Drive on the east boundary of the Spring Gate Center was improved
by the Minnesota Department of Transportation (MnDOT) as part of the upgrading of TH
100. This upgrade included installation of a sidewalk that extends from St. Croix
Avenue, which is just south of the shopping center. The new sidewalk ends at the
northeast corner of the site.
The portion of Lilac Drive adjacent to the northeast corner of the shopping center does
nothave a sidewalk within the boulevard. Therefore, there is no off-street pedestrian
connection between the residential areas south of the shopping centers to Duluth
Street, which has sidewalks on both sides of the roadway. This lack of sidewalk results
in pedestrians who wish to access the shopping centers on Duluth Street walking in the
roadway or within the parking lots.
There are also several driveways from the two shopping centers that access directly
onto Lilac Drive within several hundred feet of Duluth Street. These driveway accesses,
along with a lack of concrete curb and gutter and a defined edge of the roadway, create
an environment where delineation between the frontage road and parking lot is difficult.
This situation results in a significant number of turning conflicts and unsafe driving
situations.
G:\Developmenls-Private\Applebee's\CUPReview022504.doc
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Based upon the above information, and an apparent shortage of parking spaces in the
combined parking lots, the City had its consulting traffic engineer from SEH perform a
Traffic and Parking Study for the proposed Applebee's CUP. This study, dated January
28, 2004, outlines a shared parking agreement between the two shopping centers
based upon the expected uses of the leased spaces. The study also makes
recommendations for consolidation of the driveway access from Lilac Drive into a single
driveway, and also recommends installation of a sidewalk on the south side of Lilac
Drive between the existing sidewalk and Duluth Street.
The results of this study have been discussed with Applebee's, the owners of the
shopping centers and Byerly's. All parties have agreed to the recommended changes in
concept, and are currently working on agreements for sharing the cost of the
improvements. As part of these discussions, Byerly's requested that different parking
arrangements than those shown in the January 28 study be investigated. These
alternative layouts are outlined in a February 19, 2004 letter from SEH that is attached
to this memorandum for reference.
Utilities
A new water service will need to be extended into the prpposed restaurant to provide
the domestic flow required. The developer will need to prepare a plan indicating how
this service is to be provided when an application for a water permit is made. In
addition, a right-of-way permit will be required for this water main extension.
Recommendation
Public Works staff recommends approval of the Conditional Use Permit for Applebee's
in the Spring Gate Shopping Center subject to the following conditions:
1. An agreement is reached between the interested parties, including the City, to
install concrete curb and gutter and sidewalk on Lilac Drive, and make
modifications to the parking lot layout as outlined in the January 28, 2004, Traffic
and Parking Study, and February 19 2004 letter, both prepared by Short Elliott
Hendrickson, Inc.
2. Subject to the comments of other City staff.
Please feel free to call me if you have any questions regarding this matter.
C: Glen Van Wormer, SEH
Jeannine Clancy, Director of Public Works
Ron Nims, Public Works Project Coordinator
Eric Eckman, Engineering Technician
G:\Developmenls-Private\Applebee's\CUPRevieW022504.doc
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· SEH
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February 19, 2004
RE: Golden Valley, Minnesota
Applebee's Restaurant Proposal
Spring Gate Shopping Center
SEH No. A-GOLDV9801.00 14.00
Mr. Jeff Oliver, PE
City Engineer
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427-4588
Dear Jeff:
Attached are three layouts for the Spring Gate Shopping Center parking lot. The first is the
parking lot based 9n an older aerial photo. The entrance to the frontage road on the east side of the
parking lot has been modified to line up with the driveway to the service station. The parking lot layout,
with the exception with a few spaces near this new entrance, remains the same.
The parking lot modifications shown in Attachment 2 consist primary of relocating the frontage road
entrance and rearranging some of the parking spaces and aisles in the center of the parking lot. The
northerly three double parking aisles in front of Byerly's have been modified to relocate the north-south
access road. Parking has been established facing the frontage road, and some of the spaces along these
double parking aisles have been eliminated. In addition, the two spaces in the comer at the intersection of
the frontage road and Duluth Street have been eliminated because they are actually on Mn/DOT right-of-
way. There have been six spaces eliminated on the end of each of the three aisles, which, along with the
two on Mn/DOT right-of-way, reduces the total parking by 20 spaces. The number of spaces added along
the frontage road are 20. Thus, there is no change in the total number of parking spaces, and the
circulation in the area should be significantly improved since the aisles are now wide enough to
accommodate two-way traffic and turning traffic from the parking aisles. There is a light pole that will
have to be moved to accommodate this change.
In Attachment 2, showing the original concept for the modifications, the southerly three double parking
aisles in front of Byerly's and Walgreens have also been modified by adding ~ north-south row.
Twenty-eight parking spaces have been removed from the east-west parking aisles. However, 37 spaces
have been added to the north-south aisle for an increase of 9 spaces. This rearrangement was done
primarily to refocus some of the relationship of parking and parking demand to north-south pedestrian
travel to Applebee's and the shopping retail area. The east-west aisles primarily favored the westerly
portion ofthe retail, such as Walgreens or to some degree, Byerly's or Byerly's Liquor.
Attachment 3 shows the same modifications to the north parking aisles in front of Byerly's. However, it
does not change .the orientation of the parking aisles on the south portion. of the Byerly's lot. Instead, it
increases the number of parking spaces by adding to the east-west aisles. By repainting the spaces, 14
additional spaces can be added.
Short Elliott Hendrickson Inc., 3535 Vadnais Center D,-ive, St. Paul. MN 55110-5196
SEH is an equal opportunity employer I www.sehinc.com I 651.490.2000 I 800.325.2055 I 651.490.2150 fax
.
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Mr. Jeff Oliver, PE
February 19, 2004
Page 2
This arrangement does reinforce the east-west pedestrian movement and makes it slightly more difficult
to approach a few of the retail stores. In addition, circulation in the parking lot is a little more difficult.
Attachments 2 and 3 both provide for pedestrian access if the sidewalk is extended along the frontage
road from Duluth Street south into the parking lot and utilizes the raised concrete island at the west end of
the northerly end of the parking aisle next to the frontage road. This would direct pedestrians into a north-
south parking aisle to reach the Applebee's area under Attachment 2. Their conflicts would be primarily
with motorists moving in and out of the parking spaces. In Attachment 3, the same pedestrian movement
into the parking lot will exist, but pedestrians will walk between the north-south and east-west aisles
facing traffic entering and exiting parking spaces to the east and using the parking aisles to the west.
Thus, there is a little more pedestrian exposure to traffic in Attachment 3.
Attachment 3 shows two parking spaces removed directly infront of Applebee's to accommodate truck
traffic coming from the south side of all of the retail buildings around the east side and north side to reach
the aisle to get back to the frontage road. This should also be shown on Attachment 2 so there is a
reduction of two parking spaces in each attachment.
We did not show in either attachment the potential modifications to adjust the parking aisles on the east
side of the proposed Applebee's building further east and add three or four parallel parking spaces for the
"Applebee's to go" pickup area. We have also not shown any additional parking spaces on the south side
of the buildings, although a quick field review showed there is opportunity to add some spaces, primarily
in the central and westerly portions of the facility.
From a traffic point of view, Attachment 2 has some slight advantages over Attachment 3, but either
would be satisfactory and both would be a significant improvement over the existing situation.
We have sent copies of the existing (Attachment 1) and the new modifications (Attachment3) bye-mail
to yourself and several others. We are now sending hard copies to both the City staff, United Properties,
and Byerly's. If you need additional information or additional copies, please contact either myself or
Kristine Wagner.
Sincerely,
SHORT ELLIOTT HENDRICKSON INC.
~t/an~
Glen Van Wormer, PE
Senior Transportation Engineer
tlo
Attachments
c: Jeannine Clancy, City of Golden VaIJey
Mark Grimes, City of Golden Valley
Ronn Thomas, United Properties
Tony w. Ro~ell, United Properties
x:lfjlgoklv\980 I OO'<:orrespondelj<.'i:\oliver021904.doc
Tom Magnuson, Byerly's
John Pazahanick, Lund Food Holdings, Inc.
Kristine Wagner, SEH
Sue Mason, SEH
.. "t~_"',
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Memorandum
Fire Department
763-593-8055 I 763-512-2497 (fax)
To:
Mark Grimes, Director of Planning & Zoning
From:
Ed Anderson, Deputy Fire Marshal
Subject: Conditional Use Permit - 106 Applebee's Restaurant, 5621 Duluth Street
Date: January 22, 2004
cc: Mark Kuhnly, Chief of Fire & Inspections
The Fire Department's plan review comments for the proposed Applebee's Restaurant located at
5621 Duluth Street are listed below:
1. The current no parking fire lane signs and stationary posts located on the site shall remain in
place and will be enforced at all times.
2. The fire department access roadway shall be maintained during construction. Dumpsters and
other construction equipment shall not be placed in the fire lane/fire department access
roadway.
3. The interior remodeling will be reviewed and re-evaluated upon the application of the building
permit.
If you have any questions on this memo please contact me at 763-593-8065.
fi"
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March 16,2004
RE: Golden Valley, Minnesota
Applebee's Restaurant
Spring Gate Shopping Center
SEH No. A-GOLDV9801.00 14.00
Mr. Mark Grimes
Director of Planning and Development
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN55427
Dear Mark:
Attached is a copy ofa revised layout showing both the Byerly's parking lot and the Applebee's area
parking lot modifications. The drawing is similar to the revised parking lot submitted earlier that showed
changes to entrances and to the circulation system. This is an update to try to maximize the number of
parking spaces in other locations throughout the lot.
To summarize all. of the proposed changes within the parking lot, the following is a detailed explanation
of the modifications proposed and as shown on the attached drawing.
1. Close the existing access on the west side of the frontage road just south of Duluth Street.. Also,
relocate the entrance to the shopping center from the south side of the frontage road in line with the
street connecting to Duluth Street to a new driveway further to the east. Also close the easterly
driveway on the south side of the frontage road directly opposite the access to the service station.
These changes are shown on the layout in blue line.
2. In the north portion of the Byerly's parking lot, remove three spaces on each side of the three double
stall parking aisles for a total of 18 removed spaces. Remove the two spaces in the far northeast
comer of the parking lot since they are on the MnlDOT right-of-way. Install 20 spaces facing east
along the east side of the parking aisle. Net result of these changes is zero parking spaces lost. These
changes do result in a two-way aisle with much better circulation within the Byerly's parking lot and
better circulation to the relocated entrances. (0)
3. Add additional parking on the east end of the three double stall parking aisles in front of the shopping
center. This adds four spaces to the southerly aisle or Aisle 1, four spaces to Aisle 2, and six spaces to
Aisle 3. This is a net gain of 14 parking spaces. (+14)
4. Modify the painted islands on the west end of Aisles 1 and 2 at the shopping center. In the south
parking line of Aisle 2, relocate the two handicap spaces. Place the handicap hatching on the west
side of the west handicap space. Convert the hatching on the east of that handicap space and the
previous handicap space to regular parking. On the south side of Aisle 1, convert a portion of the
painted island to a hatched handicap area for the westerly space on the south side. This space can then
become a second handicap space. On the north side of the second parking aisle at the west end, add
Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive. St. Paul, MN 55110-5196
SEH is an equal opportunity employer I www.sehinc.com I 651.490.2000 I 800.325.2055 I 651.490.2150 fax
J" ..
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Mr. Mark Grimes
March 16,2004
Page 2
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two additional parking spaces in the triangular marked out area. These changes will result in
additional three parking spaces. (+3)
5. To provide for trucks circulating from the back of the building to the new entrance, it will be
necessary to remove two parking spaces directly in front of Applebee's as shown on the layout. This
will decrease parking by two. (-2)
6. Modifications to parking on the north end ofthe Applebee's lot as a result of the access changes will
result in 20 spaces instead of 15, for a net gain of 5. (+5)
7. One additional space can be added at the far north end on the east side of the Applebee's parking lot.
+(1)
8. The parking spaces in the center island on the east side of the Applebee's building can be relocated. If
the parking spaces are adjusted further to the east to reflect a 20-foot parking space facing the east
side of the lot, a 24-foot aisle, and a 36-foot double stall parking aisle, the shift will result in
additional room for an aisle next to the building. Three parking stalls can be added, with the fire
marshal's approval, for pickup at the Applebee's restaurant. This would result in a gain of three
parking spaces. (+3)
9. Remove two southerly parking spaces from the center double stall parking aisle from the east side,
and remove two spaces on the south end of the parking spaces facing east along the east side. Add
seven spaces along the south side facing south, for a gain of three spaces. After these are located in
the field, it may be possible to add one additional parking space on the west end for a net gain of four.
(+3)
10. Structure the painting for parking at the south side directly south of the east end of the shopping
center. There is a "notch" in the parking area that will allow eight southbound parking spaces. It
appears there is now only five or six. This would result in a gain of two. (+2)
These changes will result in 29 to 30 additional parking spaces.
We have also worked with the engineer for Applebee's to determine the potential for adding parallel
parking directly south of the Applebee's building. Based on truck turning templates and aerial
photographs, it appears that any parking, even parallel, would require removal of the curb line
extension of the parking lot pavement further south. We anticipate this would require a 6 to
expansion to the south with a retaining wall to protect the trees and provide for the slope. This
would also be subject to snow removal problems, and passengers would open their doors directly
retaining wall. We have not considered this a viable option, but the Applebee's engineer will confer with
Applebee's to see if any further investigation should be.made.
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Mr. Mark Grimes
March 16, 2004
Page 3
Would you kindly review the changes we are proposing, and let us know if any additional work is needed.
Sincerely,
SHORT ELLIOTT HENDRICKSON INe.
~~111~
Glen Van Wormer, PE
Senior Transportation Engineer
tIo
Attachment
c: Jeannine Clancy, Golden Valley Public Works Director (w/attachment)
John Pazahanick, Vice President, Lund Food Holdings, Inc. (w/attachment)
Sue Mason, SEH (w/o attachment)
Kristine Wagner, SEH (w/o attachment)
x:\fjlgoldv\980 lOO\correspondencelgrimes031604.doc
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rrraffic and Parking Stud~
Applebee's Spring Gate Center Proposal
Golden Valley, Minnesota
SEH No. A-GOLDV9801.00
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January 28, 2004
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Table of Contents
Page
1.0 Background .............. ......... ........... ....... ............... .............. ............ ............... ............ 1
2.0 Parking ........ ......... ...... ......... ...... ...... ................. ... .................. .............................. .... 1
3.0 Parking Circulation and Access ............................................................................ 4
4.0 Pedestrian Circulation. ....... .............. .............. .... .................. ........ .............. ............ 5
5.0 Su mmary ..... ......... ...... ............... .... ....... ... ... ....... ..... ............... ... ...... .............. ..... ...... 5
IList of Appendicesl
Appendix A
Table 1 - Parking Requirements
Table 2 - Parking Requirements with Applebee's
Table 3 - Shared Parking
Developer's Drawing
Appendix B
Parking Inventory (Aerial Photos)
Driveway, Aisle, and Parking Modifications
SEH is a registered trademark of Short Elliott Hendrickson Inc.
Traffic and Parking Study
Golden Valley, Minnesota
A-GOLDV9801.00
Pagei
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January 28, 2004
Traffic and Parking Study
Applebee's Spring Gate Center Proposal
Prepared for Golden Valley, Minnesota
1.0 Background
Applebee's Restaurant is proposing to convert the existing Blockbuster
Video store in the Spring Gate Shopping Center to a 5,300 square foot
Applebee's restaurant. The shopping center currently has fewer parking
spaces than is required by code, and the addition of an Applebee's restaurant
will increase the difference. There are also some concerns relative to vehicle
access to the Applebee's portion of the center and with pedestrian and traffic
circulation within the site.
To review the traffic and parking concerns, SEH provided a work plan to the
City. We have counted parked vehicles, reviewed the needs of the center and
Applebee's, and reviewed the circulation patterns for both vehicles and
pedestrians in the parking lot.
2.0
Parking
The City of Golden Valley calculates parking demand based on specific land
uses within the shopping center. The City considers certain uses in the
shopping center as office and also has separate classifications for restaurants,
such as Byerly's and the proposed Applebee's. The total parking required,
based on information received on the application and from zoning codes, is
639 spaces. The calculations show the retail component requires 426 spaces,
office requires 46, and Byerly's requires 135. With retail in the Blockbuster
site, 32 spaces would be required. These are shown in Table I in
Appendix A. With Applebee's, 106 spaces would be required. With
Applebee's, the total requirement for parking increases to7f3. This is shown
in Table 2 in Appendix A.
Using aerial photographs, it appears there are currently 466 parking spaces in
the complex. This includes 219 spaces in the easterly half that would serve
the Applebee's restaurant area and 210 in the westerly half of the parking lot
in front of both Walgreens and Byerly's. There are an additional 37 spaces in
the back of the store, some of which are not plainly marked. There are also a
few spaces where individuals park, but should not be included since they are
for deliveries or should be utilized for aisle space.
A-GOLDV9801.00
Page 1
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The calculations from the developer indicate the total existing stalls are 527.
This apparently is based upon an October 8, 2002 drawing that shows a
number of additional parking spaces in front of the shopping center building
and in the loading areas. A number of these spaces cannot be utilized because
of the minimum widths needed for aisles and the need. for trucks to pass
through the area. A copy of the drawing showing these proposed parking
spaces and labeled as "Spring Gate Shopping Center, Revised 8 October
2002" is in Appendix A. Copies of the two aerial photos containing the
numbered spaces and inventory are also in Appendix B.
Observations at the shopping center show a significant number of open
spaces at the current time. Counting only spaces in the easterly half, it
appears there more than 100 parking spaces open. There also appears to be
open parking spaces in the center of the shopping center. These observations
are a reflection upon the lack of parking demand from the current uses of the
retail space.
Currently, a park and ride stop is utilizing the northerly portion of the
easterly parking lot. This is possible because of the low current demand for
parking from the shopper center businesses.
Based on the City's code, 106 parking spaces will be required for the
Applebee's restaurant. A previous calculation for a potential 6,500 square
foot Applebee's restaurant indicated between 110 and 146 spaces would be
required. Thus, the code appears to be reasonable for an Applebee's
restaurant.
As part of the study, a number of observations were made at various
Applebee's restaurants, primarily in the Twin Cities metropolitan area.
Frequently, the weekend evening counts showed that the Applebee's parking
was completely used and parking on streets or in adjacent lots were being
used by customers of Applebee's. Observations made at other times also
showed full lot conditions on some weeknights and even during noon hours
at some locations.
The difference between actual use and the City's requirement for 639 parking
spaces can also be attributed to the tenant mix within the center and the
relatively high calculation based on the City's methods. If the shopping
center was considered as a 93,509 square foot center, the normally applied 5
spaces per 1,000 square feet would result in 468 required spaces. With over
40 percent of the shopping center size devoted to the Byerly's grocery store
at the northwest corner of the site, much of the demand is focused in the
westerly parking lot. Subtracting the Byerly's grocery, restaurant and liquor
stores, and the proposed Applebee's and the Walgreens drug store, less than
22,000 square feet of retail space remains. None of the businesses currently
in this area generate a significant demand for parking contributing to the low
volume overall. In addition, the City's calculation for a Walgreens would
require 100 spaces for the store. This number of spaces is higher than
customer counts at Walgreens.
The dimensions of the parking lot layout vary by location. If the parking lot
is to be reconfigured or overlaid and the parking spaces remarked, it may be
good to redesign some of the aisles to maximize the number of spaces. As an
Traffic and Parking Study
Golden Valley, Minnesota
A-GOLDV9801.00
Page 2
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example, the east parking lot east curb line could be defined and all parking
space and aisle dimensions measured from this curb. This may permit the
shifting of parking spaces to the east resulting in some additional parking
stalls. Similarly, adjusting parking stalls in the southeast comer, east of the
proposed Applebee's restaurant, may result in some additional parking
spaces and pennit parallel parking next to the building for the take-out
orders.
Although the number of parking spaces required for an Applebee's restaurant
(106 by code, 120 by our calculations) is less than those generally unused in
the center, the method of matching supply and demand must be approached
carefully. Several of the retail uses currently in the center require much less
parking than required by code or even available in the center. The uses could
change, and a retail business with parking demand closer to code
requirements could move to the center.
One option would consider the shopping center as a whole using a single
parking rate for the 93,509 square feet of space. With smaller centers, one or
two high parking demand tenants can quickly use up all parking, such as
Champps on 66th Street in Richfield.
A second option is to consider shared parking by specific tenants in the
center. An easy to understand example is shared parking between a church
and a business. The business can use the church parking weekdays, and the
church can use the business parking nights and weekends. Separating parking
use in a retail center is more difficult. Applebee's peaks occur Friday and
Saturday evenings with secondary peaks weeknights after 5:00 p.m.
Applebee's also has a parking demand at noon. Byerly's grocery peaks
weekdays and Saturdays with lower demand in the evenings. The other
tenants have low general demands and little evening and weekend demand.
Shared parking in a center also considers multiple purpose trips, such as a
single customer stopping at Byerly's restaurant, Walgreens, and Byerly's
grocery .
A concept shared parking calculation is shown in Table 3 in Appendix A. If
shared parking is used, the shared parking calculations should be refined. The
shared parking concept eliminates the use of the lot for a park and ride site,
since Applebee's noon hour demand and the 5:00 p.m. overlap of demands
from Applebee's and the park and ride preclude sharing of parking.
The City zoning code method of splitting out specific uses in a shopping
center and of considering standalone and shopping center retail parking
requirements the same does not acknowledge multi-purpose trips. With the
specific business mix in the Spring Gate Shopping Center, multi-purpose
trips exist, and some reduction in supply could be justified.
One concern that will exist with full use of the lot is snow storage and
removal. Current practice seems to push snow to the far east side, and that
could remove 20 to 40 spaces. This should be addressed by the developer as
it relates to usable parking.
Traffic and Parking Study
Golden Valley, Minnesota
A-GOLDV9801.00
Page 3
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3.0 Parking Circulation and Access
Several driveways currently serve the shopping center parking lot. The main
driveway is directly in front of Byerly's at an unsignalized intersection on
Golden Valley Road. A driveway access west of the Byerly's building
provides access to the parking lot in the southwest comer of the site, as well
as for shipping and delivery vehicles. This entrance does not have a median
opemng.
The frontage road for Highway 100 also provides access to the shopping
center at three different locations. A newly constructed curbed driveway
exists near the east comer of the parking lot between the curves on the
frontage road and directly across from the filling station driveway. A second
driveway is merely an opening in a curb along the west side of the frontage
road and provides direct access from one of the parking aisles to the frontage
road close to the curve. The third driveway is merely an open area that enters
into a parking lot. Circulation is fairly uncontrolled at this point with a
significant number of conflicts.
A frontage road concept developed by MnlDOT, but not implemented,
showed no access except for the single driveway on the northeast comer
across from the filling station.
Parking aisles determine the circulation pattern. The major circulation route
is directly in front of the stores, as is the case in many smaller shopping
centers. The aisle runs from the driveway in front of Byerly's at Golden
Valley Road, past all of the stores and the proposed Applebee's site. Traffic
also travels in aisles making turns as needed to reach any of the driveways to
the frontage road.
The east end of the aisles in front of Byerly's is relatively close to the
property line. There is a minimal amount of space between the last marked
parking stall and the curb that serves as a buffer between the frontage road
and the parking lot. The curb appears to be on MnlDOT right-of-way and
some of the parking spaces actually encroach into the right-of-way. The very
close distance between the parking aisle at the end of the parking spaces and
the frontage road makes u-turns from aisle to the frontage road and vice versa
impossible. Thus, there is a considerable amount of maneuvering or
misdirection in the travel patterns. To provide better turning opportunities
and to increase the ability of traffic to travel in both directions, one or two
parking stalls on the end of the parking aisles should be removed. This will
cut into an already short parking supply.
To better provide for circulation on-site and to eliminate many of the
conflicts that occur at the frontage road accesses, the three "entrances"
should be exchanged for a single driveway better located. for sight distance
and for access to the facilities. A drawing in Appendix B shows this concept.
The driveway across from the filling station is relocated further to the west to
line up with the third parking aisle from the east. This would provide access
to the Applebee's and east shopping center area. The west shopping area is
adequately accessed via the existing driveway at Golden Valley Road.
Traffic and Parking Study
Golden Valley, Minnesota
A-GOLDV9801.00
Page 4
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5.0
Parking would be placed along the east edge ofthe Byerly's area parking lot.
With the removal of some of the spaces on Mn/DOT right-of-way and with
the provision for a wider aisle, the number of spaces remains almost the
same. Extending the north-south parking aisles further to the south will
reduce some of the parking spaces on the east-west aisles, but result in a net
gain of approximately nine spaces. Relocating parking spaces along the north
side of the east parking area can add one or two spaces.
A concept drawing based on an aerial photograph, showing revised
driveways, aisles, and parking, is in Appendix B.
4.0
Pedestrian Circulation
Pedestrian circulation on-site is limited to a sidewalk in the front of all of the
retail space. Pedestrians walking to their vehicles generally cross the main
traffic circulation aisle and walk in parking aisles or between parked cars to
reach the vehicles. The adjustment of parking as suggested earlier would
provide less walking between parked cars and more walking in the parking
aisles.
A crosswalk on Golden Valley Road is provided at the frontage road
intersection as are "Walk" and "Don't Walk" lights as part of the traffic
signals. The only sidewalk is in the east-west direction along the south side
of Golden Valley Road. Individuals who wish to reach the Applebee's
restaurant or any of the retail space must either walk in the frontage road,
cross into the parking lot and walk the aisles or walk to the west to reach the
sidewalk, which is unlikely. Pedestrians who wish to connect to the sidewalk
east of the shopping center along the frontage road have a missing segment.
Adding a segment of sidewalk along the west side of the frontage road from
Golden Valley Road and into the parking lot would provide for better
pedestrian walkway. It would be logical to make the' final connection
between the existing sidewalk along the frontage. road east of the shopping
center and this proposed sidewalk.
Summary
· The Spring Gate Shopping Center generally has more than 100 parking
spaces open in the east area.
· The Golden Valley zoning (parking) code requires 639 parking spaces.
· Adding an Applebee's restaurant in place of the Blockbuster Video store
increases the code requirement to 713.
. The current parking supply at the center is approximately 466.
. A park and ride site currently exists in the east area.
· Many of the existing businesses require less parking than code requires.
· While the Applebee's demand may fit into the existing open spaces and
those from the park and ride, changes in other business use may increase
actual demand.
Traffic and Parking Study
Golden Valley, Minnesota
A-GOLDV9801.00
Page 5
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. A shared parking concept may provide an opportunity to balance current
demand and the Applebee's increase with current supply and some
additions.
. Current circulation patterns create many conflicts.
. Changing driveway locations at the frontage road. and some parking
aisles can reduce conflicts significantly.
x:lfjlgoldvl980 J OOlreports&specslr\traffic&parkingstudy _ applebees.doc
Traffic and Parking Study
Golden Valley, Minnesota
A-GOLDV9801.00
Page 6
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Appendix A
Table 1 - Parking Requirements
Table 2 - Parking Requirements with Applebee's
Table 3 - Shared Parking
Developer's Drawing
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.
.
,
Table 1
Parking Requirements
Retail 76,302 1 parking space for each 150 sq. ft. of retail floor 458
space (0.9 times gross floor space)
Office 11,447 1 parking space for each 250 sq. ft. of gross floor 46
space devoted to office use
Byerly's 6,760 1 parking space shall also be required for every 40 135
sq. ft. of public area including eating area and 1
parking space for every 80 sq. ft. of non-public area
Total Park Required . 639
Retail
Table 2
Parking Requirements with Applebee's
71,002 1 parking space for each 150 sq. ft. of retail floor
space (0.9 times oss floor space)
11,447 1 parking space for each 250 sq. ft. of gross floor
s ace devoted to office use
5,300 1 parking space for every 25 sq. ft. of g.f.a. of bar + 1
parking space for every 40 sq. ft. of public area + 1
arkin s ace for eve 80 s . ft. of non- ublic area
6,760 1 parking space shall also be required for every40
sq. ft. of public area including eating area and 1
parking s ace for eve 80 sq. ft. of non-public area
135
426
Office
46
Applebee's (class IIn
106
Byerly's
Total Park Re uired
713
..
.
Table 3
Shared Parking Concept
Spaces With Multiple Needed Spaces at (%) (#)
Use per Code Trip Reduction 10:00 a.m. Noon 3:00 p.m. 6:00 p.m.
Applebee's 106 106 20% 21 75% 80 30% 32 100% 106
Byerly's Restaurant 135 122 40% 49 100% 122 40% 49 70% 97
Bverlv's Grocery 233 233 60% 140 60% 140 80% 186 70% 163
Office 46 46 100% 46 90% 41 100% - 46 30% 14
Retail 193 155 80% 123 80% 123 100% 155 50% 78
Total 713 662 379 506 468 458
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.
.
Appendix 8
Parking Inventory (Aerial Photos)
Driveway, Aisle, and Parking Modifications
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.
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PRELIMINARY FRONT ELEVATION - GOLDEN VALLEY, MN
11/19/03
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PRELIMINARY SIDE ELEVATION · GOLDEN VALLEY, MN
11/19/03
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GOUlIlN VAUIY. IIINNESO'U
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.
5020 Colonial. Drive
.
Ken Stone, Applicant
04-03-08
.
See Large Size Plans and/or Survey in
Planning Department
.
l
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Hey
Planning
763-593-8095 I 763-593-8109 (fax)
Date:
March 15, 2004
To:
Golden Valley Board of Zoning Appeals.
Mark W. Grimes, Director of Planning and Development
From:
Subject:
5020 Colonial Dr. 55422 (04-03-08)
Ken Stone, Kodet Architecture (for homeowner), Applicant
On behalf of Ann Higgins and Randall Last who own the house at 5020 Colonial Dr., Ken
Stone, AlA, of Kodet Architecture has applied for variances from three requirements of the
Residential zoning code (Section 11.21). These variances would allow for the construction of
additions on to both the front and rear of their house. Because it was known that the addition to
the front of the house would extend into the front setback area, a survey was required for the
building permit and variance process. The survey has been used to calculate the extent of the
proposed variances. The survey also indicates that the existing deck attached to the south side
of the house encroaches into the required side yard setback. The survey also indicates that the
wood stairs that are along the south side of the house that lead to the deck are. partially on the
neighbor's property. This encroachment should be addressed with the neighbor. (The stairs
are a permitted encroachment into the side yard setback.)
Mr. Stone has prepared a letter, site plan, floor plans and elevations of the proposed additions.
As indicated in the letter, the shed that is located partially on MnDOT right-of-way will have to
be removed or relocated as part of the variance and building permit process.
The proposed additions require variances from the following sections of City Code:
· Section 11.21, Subd. 7(A) Front Yard Setback. City Code requires that all structures be
set back at least 35 ft. from a front property line or street right-of-way. The variance
request is for 12 ft. off the required 35 ft. to a distance of 23 ft. at its closest point to the
front yard property line along Colonial Dr.
· Section 11.21, Subd. 7(8) Rear Yard Setback. City Code requires that the rear yard
setback shall be 20% of the lot depth. The variance request if for 5 ft. off the required
26.24 ft. to a distance of 21.24 ft. at its closest point to the rear yard property line
· Section 11.21, Subd. 7(C) Side Yard Setback. City Code requires that the side yard
setback shall be 15% ofthe lot width for lots 70 ft.- 100 ft. wide. In this case, the side yard
setback is 13.3 ft. The variance request is for 9.8 ft. off the required 13.3 ft. to a distance of
3.5 ft. from the south side property line forthe existing deck.
The City's file on this address indicates that the house was built in 1947. The deck and steps
that are built along the south side of the house were constructed without a building permit.
.. Arch itectural Croup, Ltd.
.
15 Groveland Terrace. Minneapolis, MN ,55403-11 54
E-Mail arch@kodet.com . Website. www.koaet..com
Telephone 612.377.2737 . Facsimile 612.377.1331
March 2, 2004
Mark Grimes
Director of Planning and Development
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
Re: Higgins / Last Residence
5020 Colonial Drive, Golden Valley, MN. 55416
Dear Mr. Grimes,
On behalf of Ms. HigginsandMr. Last, Iwould like to request a
variance to expand their home into the front and rear yard srtbclCks.iTheyhaveenjoyed living in Golden
Valley for many years, and wish to update their smaIll94 7 home to make itTore livable.. With a growing
family, they wish to remain in Golden Valley and expandtheir home to better accommodate their current
lifestyle. The following are the reasons they face undue hardships, and request a variance for their front
and rear yard setbacks:
1. The greatest hards~ip of this property is the. extreme traffic noise
from the adjacent highway. The east property line abuts Highwayl 00, with a sound barrier which does
little to block the intense traffic noise. The lot is between two major intersections of Highway 100, at .
Glenwood and 394. The traffic noise is loud from both the north and east. The owners wish to expand the
living areas of the house on the more quiet, southwest portion of the property, and buffer the highway noise
with an addition of bedrooms to the north and east.
.
2. Expanding the house to a second floor is not a viable option. The
sound from the highway would be even more extreme on an upper floor.
3.The shape of the lotis a hardship. The two side property lines and
the rear property line create an irregular wedge shape, constricting expansions to the rear and side yards.
The rear yard is extremely limited due to the angled rear and south property lines. We are asking for a
variance into the rear yard for only one comer of the addition, since the rear yard setback is not parallel
with the house.
The expansion into the front yard provides a new entrance, a new
dining room, expansion ofthe kitchen, and an expanded garage. The owners wish to make a more
welcoming entrance to their home, with a stronger presence on the street and to their neighbors. The dining
room elevation facing the street has full-glass doors with a continuous guardrail. . The doors open to the
front of the house as a "front porch" to the street. The garage is expanded below the dining room to
provide more storage space, and will remain a 2-car garage of the same width. The rear addition contains
the more private functions of bedrooms, master bath, and a family room. The existing wood shed at the
rear of their property will be moved to a conforming location.
Ms. Higgins and Mr. Last have discussed this proposal with their
neighbors, shown them drawings, and have received favorable comments (see attached list of signatures).
Based on the above reasons, we request a variance for the front and rear yard setbacks. Please call if you
have any questions.
.
Sincerely,
Kodet Architectural
Jt~
Ken Stone, AlA
KS GC 04.025
Faxed
Mailed Yes No
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Architecture. Interiors. Planning
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City of Golden Valley
Board of Zoning Appeals (BZA)
Zoning Code Variance Application
For Office Use Only:
Application No.
Date Received . s.Z-t::>-4
BZA Meeting Date .s. 'Z4 .fA
Amount Received 5:1. c>U
1. Street address of property involved in this application:
0"2,0
COl..VNIAL.-o
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Go L-/7ErJ V,A L-L-I~
1/l tJ 5' 4-1 lo
2. Applicant: ~8-rJ <;; TD('JE:..
Name 1< 00 E- r. M-CA-h TE.. <:::[V'~
b(2..OV r~. L-Tl' _
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Add ress
T6(2- (4::. ce..
VlfL.5 ~N 5'~q.-o3
City/State/Zip
h{7. -70'6 - fc,07fc
Cell Phone
{p(Z~~77""27;1
Business Phone
~ (2. - ~ 2. '2 - lJ?.fo6
Home Phone
1<.5 ToV\e...- e I<..od~t. GoVh
Email Address
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4.
Detailed description of building(s),addition(s), and alteration(s) involved in this petition. The site
plans and drawings submitted with this petition will be the basis of any variance that may be
approved and cannot be changed before or after the building permit is issued.
Tth ~ f{2.. 0...] ~ c:..r IN c..L. v V r;.. S B 011-+ A,::::, {Z ON "\ A-t-I p p. ~ A{.Z..
!rOv' 7'1 o,J TO AIJ (;:.)q5j1,.J b ~Mf:. TIn:: Ffl-owT I1-1?i?171 <>tJ
I rJ l.. L.v vIS S A- fV E:.IN f:. rJ'T(lA.rJ GE... / t? I N /Iv (> f2-0 (:> M I f:~r A-tJ Oe (/
r--/TUf-E-rJ ArND e,...}~6~v b4f2-Abf: . ~ IZ.';M- AI?P,JJeuJ
It.u...\-V()F-.-5 / TWo J5f:vf2.00f-'tS' A- MA-,> rC-/Z. BM7-+ I .A-JJO
e rJ 1./A-12- ~I'/ ~fv11 L.. '-1' f2.t;/ ~ i"1 ,
To the best of my knowledge the statements found in this application are true and correct. I also
understand that unless construction of the action applicable to this variance request, if granted,
is not taken within one year, the variance expires.
~~
Sf nature of Applicant
5. If the applicant is not the owner of all property involved in this application, please name the
owner of this property:
. A ~.~~ ~L.q~s
~~~~:~~U Gst
Variance Application Submittal:
The following information must be submitted by the application deadline to make a complete
E!Pplication. If.an application is incomplete, it will not be accepted:
/ Completed application form, including signatures of surrounding property owners.
L A current or usable survey of the property must be attached. See the handout on survey
req u i rements.
~ A brief statement of the reasons, necessity, or hardship which provide grounds for the granting
of this variance (see Frequently Asked Questions for an explanation of a "hardship"). Attach
letter, photographs, or other evidence, if appropriate.
j You may submit detailed description of building(s). addition{s), and alteration{s) inVolved in
this project. The site plans and drawings submitted with this application wilr be the basis of
any variance that may be approved and cannot be changed before or after the building permit
/ is issued.
.~ Variance apPIi'cation fee, as follows: $50 - single family residential; $150 - other
Signatures of Surrounding Property Owners
Note to the variance applicant:
As part of the variance application process, you will need to attempt to obtain the signatures of all
~rrounding p~operty owners. Th. is includes all properties a butt. ing the applicant's property and directly
.ross the street. If on a corner, this mean~ across both streets.
To obtain these signatures, you will need to personally visit each of these property owners, tell them
about your project (we encourage you to bring along a copy of your building plans) and have them
sign the area, below. The signature is meant only to verify that you have told them about your
project and gives them opportunity to comment.
If you have attempted to contact a property owner on two separate occasions and not found them at
home, you may simply write something to the effect "made two attempts, owner not home" and then
write their address. City staff will also send a written notice informing these property owners of the
time and place of the BZA meeting.
Note to surrounding property owners:
This is an application by your neighbor for a variance from the City Zoning Code. Please be aware of
any possible effect the granting of this variance could have on your property. You will also be
receiving a written notice informing you of the time and place of the variance meeting. By signing
this form, you are only verifying that you have been told about the project, not that you
necessarily agree or object to the project. If you wish, you may comment on the project.
Comments can contain language of agreeing with the project, objecting to the project or other
statements regarding the project.;
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7155 Medicine Lake Road
. Michael Pierce, Applicant
04-03-09
.
See Large Size Plans and/or Survey in
Planning Department
.
.
.
Hey
Planning
763-593-8095/ 763-593.;.8109 (fax)
Date:
March 15, 2004
To:
Golden Valley Board of Zoning Appeals
From:
Mark W. Grimes, Director of Planning and Development
Subject:
7155 Medicine Lake Rd. 55427 (04-03-09)
Michael Pierce, Applicant
Michael Pierce has a purchase agreement to buy the property at 7155 Medicine Lake Rd.
(southeast corner of Medicine Lake Rd. and Nevada Ave). This property was formally occupied
by Egan Companies. Mr. Pierce is the owner of Co-Rect Products that is located just to the
east of 7155 Medicine Lake Road. He would like to purchase this building to expand his
business. His plans include the construction of a 2-story, 4,441 sq. fl. addition on to the
northwest corner of the building. This addition would replace the existing gas station building.
The applicant is requesting a variance from one requirement of the Industrial zoning district
(Section 11.30) in order to allow fewer parking spaces.
In 1992, the BZA granted variances to allow for the construction of the existing warehouse that
is attached to the east side of the old gas station building. This variance permitted less
landscape setback along both Medicine Lake Rd. and Nevada Ave. Since the parking lot will
not encroach any further into these setback areas due to Pierce proposal, these variances
remain valid. A second variance for parking was also granted to allow 30 parking spaces rather
than the required 36. Egan's plan was to use the building primarily for warehouse purposes
and did not have many employees in the building. During Egan's tenure in the building, parking
has never been a problem.
Co-Rect Products plans to add the 4,441 sq. ft. office building and use the remainder for
warehouse space. In the letter from Will Jensen of Cunningham Group Architecture, Mr.
Jensen states that they will have a total of 16 employees on site--4 in the warehouse and 12
in the office. Therefore, they believe that the proposed 26 parking spaces are more than
adequate for their business. The City staff is in the process of amending the parking
requirements in the zoning code. For warehouse space, the staff will be recommending one
parking space for each 1,500 sq. ft. of warehouse space rather than the current one space for
each 500 sq. ft. Using the new recommended requirement, the parking requirement forthe
new Co-Rect facility would be 29 spaces or only three spaces more than proposed by Co-
Reel.
. The following variance is requested:
· Section 11.30, Subd. 6 Parking Requirements. City Code requires that the proposed
building have a total of 52 parking spaces-,.34 spaces for the 16,936 sq. ft. warehouse
(one space for each 500 sq. ft.) and 18 spaces for the 4,441 sq. ft. office (one space for
each 250 sq. ft.). The variance request is for 26 spaces off the required 52 spaces to a
total of 26 spaces.
A review of the City's file indicates that the warehouse portion of the building was built in 1992
when the variance was granted for parking and setback. The gas station portion of the building
was constructed in 1964.
.
.
.
.
.
Board of Zoning Appeals
Page 3
February 11, 1992
their property but they did have concerns for snow removal. Mr. Wilkins assured
the Board ~ndMr. Trickett they would cooperate and basically their plan for
snow removal includes trucking from the site. Mr. Trickett said they are
excited about the possibility of another Dealership ~nd the substantial
improvement a new building would make.
Larry Smith said overall he felt the proposal is a good use for the site as this
is a unique pocketed area and other uses such as restaurant, medical or office
is limited because of access and visibility. Noting the previous hardships
relative to the site as described by Mr. Wilkins, Larry Smith moved to approve
the waivers as requested on the agenda subject to the proponent identifying on
new site plans the specific areas of parking for new car receipt or storage,
display areas, customer service and employee parking before this goes to the
City Council for consideration of the Conditional Use Permit. Second by Herb
Polachek and upon vote carried unanimously. A site plan was designated exhibit
"A" and signed and dated by Chairman Swedberg and Mr. Mark Wilkins and will
become a permanent record of this approval.
92-2-4 (Map 4) Industrial
7155 Medicine Lake Road
Gerald L. Egan
The petition is for waiver of Section:
11.36Subd. 6 (A)
front setback, for 19 feet off the required 35
feet of landscape along Medicine Lake Road. to a
proposed landscape depth of 16 feet beginning at
the west lot 1 i ne and east for 145 feet; and for.
15 feet off the required 35 feet of landscape
along Nevada Avenue North to a landscape depth
of 20 feet, and for Section
11.36 Subd. 7
parking, for 6 spaces off the required 36 spaces
to a total of 30 provided.
The petition was in order and consent obtained from adjacent properties.
Present for the meeting was James Rivard, Egan & McKay, Ken Benson, Benson Orth
Construction and John Nisson of Bernard Herman Architects. No others were in
attendance.
Mr. Nisson made the presentation and described the proposal as construction of a
new office and warehouse building which would incorporate the existing former
servi~e station. The service station would have matching exterior and the
appearance would be as one new building. Mr. Nisson had renderings of the
building and a landscape site plan. John Rivard described their use of the
building as primarily warehousing for their electrical products and equipment.
.
Board of Zoning Appeals
Page 4
February 11, 1992
The service station portion would continue to be used for service and main~
tenance of their related equipment. While they have attempted to provide all
the required parking, in actuality they would have only four or five employees
at most on this site. Mahlon Swedberg questioned the maneuvering area for
semi IS getting to the two loading docks. Mr. Rivard said while parking spaces
are shown along Nevada Avenue there wouldnltbe any parking in that area because
of the limited amount of employees. Semi~trailer deliveries approximate one
every two weeks. Other deliveries or shipments from the site are by smaller
vehicles. Mahlon Swedberg said he observed 17 pieces of equi~ment and vehicles
. on site several days ago and questioned if this type of condition would occur
with the new building. Mr. Rivard said emphatically no, that that equipment was
brought in because of a very large MNDOT contract and was serviced and going.out
shortly. Mr. Ken Benson noted that substantial property was taken on two
occasions for widening of Medicine Lake Road and also with a 351 foot landscape
requirement on that side as well as Nevada Avenue they have tried to strike a
balance of adequate landscape while meeting parking requirements. During
further discussion of landscape the offset in the south lot line was noted and
the Board suggested for continuity and, as Mr. Rivard said they have limited
parking requirements, would he be amenable to landscaping those two spaces along
the south lot line? Mr. Rivard said they could and would. Chairman Swedberg
said with the present site pl an it would provide proof of parking in that area
and if at a subsequent time as needed or upon change of occupancy would Mr.
Rivard agree to establish the spaces? Mr. Rivard agreed and the additional
landscape \'Jould enhance the site.
.
At the close of discussion Mike Sell moved to approve the waivers as requested
on the agenda with the two parking spaces landscaped as agreed. Sell noted
the requirement of 351 feet of landscape on two sides, the several takings for
right~of.way which further limited the site and the surrounding topography.
Second by Larry Smith and upon vote carried unanimously.
The Board acknowledged receipt of Linda McCracken~Huntls resignation as Vice
Chair .of the Planning Commission. Linda noted her extremely busy workload at
this time made it impossible to continue as Vice Chair and also as a member of
the Board of Zoning Appeals. During further discussion Larry Smith asked if it
would be possible for her to continue as an alternate as replacement for Herb
Polachek. After some thought Linda agreed and said she would inform the Mayor
and Council of that possibility.
Chairman Swedberg said it was the time of the year to poll the members on their
availability for reappointment in April. After discussion on individual
commitments the Board members all agreed theywou 1 d cons i der reappoi ntment for
another year. Chairman Swedberg said he would inform the City Manager, Mayor
and Council.
There being no further business to come before the Board, it was upon motion,
second, and vote to adjourn at 9:25 P.M.
Mahlon Swedberg
.
.
.
.
.
.
.
Memorandum
To:
Mark Grimes
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
From:
Project
Subject:
Date:
Copy To:
Will Jensen
Co-Rect Products Office Addition
Variance for Office Adition
February 27,2004
Michael B. Pierce, Alan Engler,
Dear Mark,
The intent of this memorandum is to explain and clarify the need for an updated variance
for the property located at 7155 Medicine Lake Road in Golden Valley. Minnesota.
The existing 1992 variance stipulates amended setbacks and parking considerations.
Co-Rect products wishes to purchase this property, demolish the existing gas station and
build a 4441 square foot, 2 story, office building to support the existing 16,936 square
foot warehouse facility. The new structure will abide by the existing variance setbacks
but will need to update the parking component. The new addition will accommodate 12
employees and the warehouse will staff 2-4 employees for a total need of 16 parking
spaces for staff. This will leave the site with 10 extra existing spaces.
The existing building and garage are currently parked at 26 spaces with an additional
two spaces located within the existing garage. The 1992 plan shows the site parking
calculations as follows: Warehouse 16,436 sf 1 500 per space + Garage 405 sf 1500 sf.
per space + Office 500 sf 1250 sf per space = 36 spaces required. eight less than the
required total parking.
The current zoning multipliers suggest that this updated facility would need to be parked
at 52 spaces based on 16936 sf 1500 sf per space (warehouse) = 33.87 spaces plus
4441 sf 1250 sf per space (office) totaling 52 spaces. However, Mark Grimes has
mentioned that the City of Golden Valleyis thinking of amending its warehouse multiplier
to 1500 sf per space. Under these circumstances the office would need to accommodate
29 spaces (16,936/1500 + 4441/250).
Michael Pierce. CEO of Co-Rect Products Inc., is asking the City to amendl or replace
the 1992 variance and allow'him to park the site at the existing 26 spaces which will be
three (3) spaces less than the amended zoning calculation for warehouse facilities.
Please let us know if there is any additional information needed.
Thanks You.
~
. Will Jensen
Cuningham Group Architecture P .A.
Form Letters1
3/1/2004
Page 1 of 1
Cuningham Group@
Minneapolis
Los Angeles
Madrid
Cuningham Group
Architecture, P.A.
20t Main Street SE
Suite 325
Minneapolis, MN
55414
Telephone:
(612) 379-3400
Facsimile:
(612) 379-4400
www.cunlngham.com
John Cuningham, FAIA
John HamiRon, AlA
John Culter, AlA
Thomas Hoskens, AlA
Douglas lowe, AlA
Timothy DufauR, AlA
Roger W. Kipp, AlA
James Scheidel,. AlA
David Solner, AlA
Mark Sopko, AlA
Jonathan V. Watts, AlA
...
.
City of Golden Valley
Board of Zoning Appeals (BZA)
Zoning Code Variance Application
For Office Use Only:
Application No.
Date Received
BZA Meeting Date
Amount Received
1.
Street address of property involved in this apPlication~
-, \ S-~ MeQ,c-\-<- LlL L<-
kQ
2. Applicant: t'\., L "'^-- _'2-\. \\ V \ (' , ( ~
NameC,o \ J2. fl....... '-../ c.... \ , 't!' ~
~ \ 0 ~ l~ e Q~ L '- ""~ Lc... '(~ \2 k' \'-'\. '-"' S-S- ~ 1
Address q ~ at - C; .s-~ - ~ \ \ "1 City/State/Zip
'I ~.~ - S L\ ~ - '1 LCJO
Business Phone Home Phone Cell Phone
Email Address
/
. Detailed description of building(s), addition(s), and alteration(s) involved in this petition. The site
plans and drawings submitted with this petition will be the basis of any variance that may be
approved and cannot be changed before or after the building permit is issued.
~O",.,..,qN ot=. tnc:l677N4 ',2'1-e. SF 51A1""c...~ ~a:1 Bu'c...~/~. t!oAJs~c.r
NE'N 4; 4+1 6F .~ 67'Or-a-y or-;,:r~ 6cJI c.,.OU.Jt4 IN ptz.o,..n- 0 F exlf:.T7NGr
WAlI2..O+fov~cs- UN $.Af"ofe- l.oc::A7"70Al Of"'" faCl~17l..Jq. srll..JJc..TtJ~ ) .
-
4. To the best of my knowledge the statements found in this a plication are true and correct. I also
understand that unless construction of the action applica Ie to .s variance request, if granted,
is not taken within one year, the variance expires.
\fVV\. G '-'-
Signature of Applicant
. lMlt::.&+A~ B. P/~
Print Name of owner
5. If the applicant is not tl1e owner of all property involved ithis applic tion, please name the
owner of this property:
Variance Application Submittal:
he following information must be submitted by the application deadline to make a complete
plication. If an application is incomplete, it will not be accepted:
~ Completed application form, including signatures of surrounding property owners.
y:. A current or usable survey of the property must be attached. See the handout on survey
requirements.
'-A. A brief statement of the reasons, necessity, or hardship which provide grounds for the granting
of this variance (see Frequently Asked Questions for an explanation of a "hardship"). Attach
letter, photographs, or other evidence, if appropriate.
--r-- You may submit detailed description of building(s), addition(s), and alteration(s) involved in
this project. The site plans and drawings submitted with this application will be the basis of
any variance that may be approved and cannot be changed before or after the building permit
is issued.
IX' Variance application fee, as follows: $50 - single family residential; ~ - ot0
Signatures of Surrounding Property Owners
Note to the variance applicant:
As part of the variance application process, you will need to attempt to obtain the signatures of all
.rrounding property owners. This includes all properties abutting the applicant's property and directly
across the street. If on a corner, this means across both streets.
To obtain these signatures, you will need to personally visit each of these property owners, tell them
about your project (we encourage you to bring along a copy of your building plans) and have them
sign the area, below. The signature is meant only to verify that you have told them about your
project and gives them opportunity to comment.
If you have attempted to contact a property owner on two separate occasions and not found them at
home, you may simply write something to the effect "made two attempts, owner not home" and then
write their address. City staff will also send a written notice informing these property owners of the
time and place of the BZA meeting.
Note to surrounding property owners:
This is an application by your neighbor for a variance from the City Zoning Code. Please be aware of
any possible effect the granting of this variance could have on your property. You will also be
receiving a written notice informing you of the time and place of the variance meeting. By signing
this form, you are only verifying that you have been told about the project, not that you
necessarily agree or object to the project. If you wish, you may comment on the project.
Comments can contain language of agreeing with the:project, objecting to the project or other
statements regarding the project.
.int Name . ~ \ c...
Comment
Signature
\=J,<
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Address t l CJ ~ \~ -€- 2 '- L ~ --""-
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.
.
.
FEB-19-2004 16:42
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Print N~mo
Colt'lment
Signature
Print Name
Comment
Signature
Print Nome
Comment
EGAN MECHANICAL
P.04
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1529 FairlawnWay
. Rita and Martin Newman,
04-03-10
.
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Planning
763-593-8095/763-593-8109 (fax)
Date:
March 15, 2003
To:
Golden Valley Board of Zoning Appeals
From:
Mark W. Grimes, Director of Planning and Development
Subject:
1529 Fairlawn Way 55416 (04-03-10)
Rita and MartinNewman, Applicant
Rita and .Martin Newman own the house and property at 1529 Fairlawn Way in the South
Tyrol neighborhood. They are requesting one variance from Section 11.21, Subd. 7(C}of the
Zoning Code in order to allow for the construction of a second stall addition to theirone.-car
garage. Because of the location of the current one-stall garage, it was known that asurvey
would be required in order to obtain a building permit and variance. The survey indicates that
the existing garage is located 14 ft. from the south side property line. The second stall
addition is proposed to be 9 ft. wide and come to within 5 ft. of the side property line.The
required side yard setback is 12 ft. There is information attached from the property owner
and a letter from their neighbors to the south (Gary Cohen and Margaret Macneale).
The project requires a variance from the following section of City Code:
· Section 11.21, Subd.7(C) Side Yard Setback. City Code requires that ther~ be a 12
ft. s.ide yard setback in the case of a lot having 80 ft. in width. The variance request is
7 ft. off the. required 12 ft. to a distance of 5 ft. to its closest point to the south side yard
property line.
A review of the City file indicates that the house was built in 1956 and that no other additions
have. been made to the house since that time.
.
.
.
.
Gary W. Cohen
Margaret Macneale
4530 Douglas Avenue
Golden Valley, MN 55416-3527
March 9, 2004
To: Golden Valley Board of Zoning Appeals
Re: Martin and Rita Newman
1529 FairlawnWay
This letter is in support ofthe. variance being requested by our neighbors, Rita and Martin
Newman, 1529 Fairlawn Way, Golden Valley, MN. They wish to widen their garage
from a I-stall to a 2-stall garage. In order to do this, the resulting garage would be within
5' of our shared lot line.
Our home is on the comer ofF'airlawn Way and Douglas Avenue. Our 'back Yard' is
shallow, and abuts the Newman's side yard. This is where the garage would be widened.
We far prefer their widening the garage, coming close to the shared lot line, rather than
putting the. second garage stall behind the first one, sticking out in to their backyard.
While the wider garage would be close to the lot line, it would not impinge on us at alL
We have two rooms and windows that look out on that part of the lot. One window is
from the master bathroom, and is always covered. The other window is in a seldom-used
extra room.
The alternative, putting the new garage stall behind the existing, would significantly
restrict our view from our family room. The family room is the most-used room in our
home. We have a sliding door and deck on the north side of the room, and from that we
look in to the Newman' sexpansive back yard. If the garage stall were added here, we
would lose almost the entire view.
If you have stopped by to look at our lots, you can understand why we far prefer an
option that would widen the Newman's existing garage. We hope you will approve their
requested variance.
~.lncerelY, .
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Garyw.\cohen I
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Margaret Macneale .
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martin newman
From:
To:
Sent:
Subject:
Rita Newman <rita@e-realestatetitie.com>
martin newman <martini@skypoint.com>
Wednesday, March 10, 2004 12:09 PM
Variance
To Whom It May Concern:
We are requesting a variance for a second stall to our existing garage. We consider not having a double
garage a hardship as we are a two car family and one car is always parked on the street or in the driveway.
Our neighbors on the south side of the lot prefer that we construct 2nd stall to the side, otherwise thetandem
style would block the view from their family room and patio.
We appreciate your consideration of this matter.
;:2 ~~~<4., Ji?-!/w~
Rita and Martin Newman
~11 VIVLt
3.
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. City of Golden Valley
Board of Zoning Appeals (BZA)
Zoning Code Variance Application
1.
Street address of property involved in this application:
15;?1fJl;RJ~~ I CnU><-MlyH1JJ ~sWj,
Applicant: Mt.4 cUtJ IflQl2rtJ Mut'i4-tV
Name
2.
For Office Use Only:
Application No.
Date Received
BZAMeeting Date 3" z:~
Amount Received So
IfJ 9 fi/llIt6W/L bJ/J-tf
Address
qr;!J~ 1~3()'77
Business Phone
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City/State/Zip.. .......
163-3'7*7-9;;'';)D 163~tf'39- q'J.~{)
Home Phone Cell Phone
Email Address
Detailed description of building(s), addition(s), and alteration(s) involved in this petition. The site
plans and drawings submitted with this petition will be the basis of any variance that may be
approved and cannot be changed before or after the building permit is issued.
UtM. ~JSu4 -r;7~'t1~~. SaAit~~
4.
To the best of my knowledge the statements found inthis application are true and correct. I also
understand that unless construction of the action applicable to this variance request, if granted,
is not taken within one year, the variance expires.
y ~;/&i;U~,
Y 'l1;;~ NlM.-rw< av.
. Signature of Applicant
5.
If the applicant is not the owner of all property involved in this application, please name the
owner of this property:
. Print Name of owner
Signature of owner
Variance Application Submittal:
The foHmving information must be submitted by the application deadline to make a complete
pplication. If an application is incomplete, it will not be accepted:
~ Completed application form, including signatures of surrounding property owners.
/"
A current or usable survey of the property must be attached. See the handout on surve-y
requirements.
.;
A brief statement of the reasons, necessity, or hardship which provide grounds for the. granting
of this variance (see Frequently ASked. Questions for an. ex.. pla~~ of a ;)h:?S. hig")~. ~ . :lta.~ h
letter, photographs, or other evidence, if appropriate. ... $e<-->\-lt(,~J J&..t44'2..-l) plu-{55 _
You may submit detailed description of building(s), addition(s), and alteration(s) involved in
this project. The site plans and drawings submitted with this application wilI be the basis of
any variance thaFmay be approved and cannot be changed before or after the building permit
is issued.
d
j
Variance application fee, as folIows: $50 - single family residential; $150 - other
'\
Signatures of Surrounding Property Owners
Note to the variance applicant:
As part of the variance application process, you will need to attempt to obtain the signatures of all
rrounding property owners. This includes all properties abutting the applicant's property and directly
ross the street. If on a corner, this means across both streets.
To obtain these signatures, you will need to personally visit each of these property owners, tell them
about your project (we encourage you to bring along a copy of your building plans) and have them
sign the area, below. The signature is meant only to verify that you have told them about your
project and gives them opportunity to comment.
If you have attempted to contact a property owner on two separate occasions and not found them at
home, you may simply write something to the effect "made two attempts, owner not home" and then
write their address. City staffwill also send a written notice informing these property owners of the
time and place of the 8ZA meeting.
Note to surrounding property owners:
This is an application by your neighbor for a variance from the City Zoning Code. Please be aware of
any possible effect the granting of this variance could have on your property. You wilI also be
receiving a written notice informing you of the time and place of the variance meeting. By signing
this form, you are only verifying that you have been told about the project, not that you
necessarily agree or object to the project. If you wish, you may comment on the project.
Comments can contain language of agreeing with the project, objecting to the project or other
stat~ments regarding the projefr .&l-l~ .. ,
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