Loading...
11-25-96 PC Agenda . . . AGENDA GOLDEN VALLEY PLANNING COMMISSION Regular Meeting Golden Valley City Hall, 7800 Golden Valley Road Council Chambers November 25, 1996 7pm I. Approval of Minutes -September 30, 1996 II. Informal Public Hearing: Subdivision (Golden Hills West 3rd Addition) Applicant: Housing and Redevelopment Authority (HRA) of the City of Golden Valley Address: Lot 2, Block 1, Golden Hills West 2nd Addition (Southwest Quadrant of Laurel Avenue and the Soo Line) Purpose: To create two lots - one lotto the north which is owned and occupied by CyperOptics and one lot to the south for storm- water ponding. - Short Recess - III. Reports on Meetings of the Housing and Redevelopment Authority, City Council, and Board of Zoning Appeals IV. Other Business V. Adjournment I ~.,,_J . . . Minutes of the Golden Valley Planning Commission September 30, 1996 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota. The meeting was called to order by Chair Prazak at 7pm. Those present were Commissioners Groger, Johnson, Kapsner, Lewis, McAleese, Pentel and Prazak. Also present were Mark Grimes, Director of Planning and Development and Mary Oold, Recording Secretary. I. Approval of Minutes - September 9. 1996 MOVED by Pentel, seconded by McAleese and motion carried unanimously to approve the August 12. 1996 minutes with the following amendments: Page 6, Paragraph 1. Add the following sentence to the Yingst's comments. "The Yingsts believe that development of these properties should be delayed to a time after the frontage roadIHwy. 100 project has been completed and new traffic patterns are established.. Page 7, Paragraph 1..' Add the work "favorablY- after the work commented. Page 8, Paragraph 8. Add the following sentence: "Commissioner Lewis suggested that the 1-394 corridor have a special land use designation. II. Informal Public Hearing - Minor Subdivision Applicant Dolores Zahrendt Address: Lots 13 and 14, Block 4, Tyrol Hills Purpose: Take approximately 1650 sq.ft. from the lot at 1307 June Avenue South (Lot 14) and add it to the adjacent vacant lot (Lot 13) in order to create a larger building area on the vacant lot Commissioner Groger removed himself from the discussion and decision in that he stated that he was related to the applicant Director Mark Grimes gave a summary of his staff report to the Planning Commission saying that the applicant is requesting to have approximately 1650 sq.ft. from 1307 JuneAvenue (Lot 14) added to the lot to the north (Lot 13). He told the Commission that the applicant also owns both lots. By adding the additional square footage to the vacant lot, the owner wouJd be able to present for sale a larger lot which could accommodate a more normal size house. Director Grimes continued by saying that Lot 113 is buildable at this time but only a very small house, approximately 600 sq.ft. could be built on the lot He said the lot was platted sometime in the 1930s and that a "taking of Ji:md" for Wayzata Blvd. occurred which decreased the size of the lot Minutes of the Golden Valley Planning Commission September 30, 1996 Page Two . Grimes also commented that the City Council would have to grant a variance from the requirements of the City Code, Section 12.20, Subd. 5(A) and (B) Comer Lots and Section 12.03 Definitions #26. This variance would allow for a lot width of 87 feet vs. the required 100 feet for comer lots. The wording of the affected sections of the code are found below: Section 12.03. Definitions. #26. "Width of LotD - The minimum required horizontal distance between the side lot lines measured at right angles to the lot depth, at the minimum building setback line in the Residential andR-2 Zoning District, or the front property line in the Business and Professional Office or Terminal Warehouse Zoning Districts. Section 12.20, Subd. 5 Lots. A. Minimum Requirements. All lots shall meet the minimum area and dimension requirements of the zoning district in which they are located. the front of each lot shall abut entirely on an improvement public street, and the minimum front setback line shall be established thirty-five (35) feet distant from the street right-of-way line. Section 12.20, Subd. 5 Lots. B. Corner Lots. Comer lots shall be platted at least twenty feet wider"than the required minimum to width as required by the Zoning Chapter. Director Grimes commented that the subdivision can only take place if the City Council grants a variance from the Subdivision Section of the City Code. Also, the Board of Zoning Appeals needs to review a front setback variance for the property at 1307 June Avenue of .83 feet of the required. 35 feet to a distance of 34.17 feet in order make the lot legally nonconforming to allow for the subdivision to occur. This minor variance request will go before the Board of Zoning Appeals at its meeting of October 22, 1996. . Mr. Grimes reviewed the consideration of factors as found in Section 12.50, Subd. 3 of the City Code. He then reviewed the three findings that the City Council has to make regarding the subdivision variance. They are as follows: · There are special circumstances for conditions affecting said property so that the strict application of the provisions of this chapter would create an unusual hardship and deprive the applicant of the reasonable use of his land. Economic difficulty or inconvenience shall not constitute a hardship situation for the purpose of this ordinance. · The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner. · The granting of the variance will not be detrimental to the public welfare or injurious to other property in the neighborhood in which said property is situated. Director Grimes told the Commission that the last two conditions could be mel The Commission . needs to determine if the first condition related to the special conditions is met. Staff believes that there are special circumstances due to the rough topography of the lot and the "taking- of land for Hwy 12. . . . Minutes of the Golden Valley Planning Commission September 30, 1996 Page Three Director Grimes said that staff is recommending approval of the proposed minor subdivision with the variance for the lot width as requested. He did outline three conditions in approval of the minor subdivision which are as follows: 1. The variance for the lot width on Parcel A (Lot 13) be accepted with the condition that no setback variances be applied for by the owners of the property for future construction. 2. The house on Parcel B (Lot 14) be made legally nonconforming by the BZA prior to the minor subdivision being approved by the City Council. 3. Prior to approval of the final plat, the City Engineer shall make a final determination on the need for any additional easements. Chair Prazak asked staff how the vacant lot size compared to other lots in the area. Mr. Grimes commented that most lots in the area are similar with about 14,000 sq.ft. He also commented that many of the lots are difficult to build on but with today's technology, it is easier for builders to construct on more difficult terrain. Commissioner McAleese asked if the lot is currently buildable. Director Grimes said that it was, but would need to be two or three levels in order to gain space. He continued by saying that the applicant is looking to gain land space in order to sell the lot so a buyer could place a normal size house on the lot. Commissioner McAleese also asked staff if it was correct that the issue of the variance is something that the City Council decides. Director Grimes said the Planning Commission could make a recommendation on the variance request. Commissioner Kapsner asked staff if the variance setback width is approved with the condition that no variance be applied for in the future, is there some kind of mechanism in place to enforce this. Director Grimes commented that he was not sure and would check with the City Attorney. He said that the City Council could request a covenant on the lot with the above condition. Winston Peterson, realtor and representative for the applicant, told the Commission that there was a concern about Mr. Grimes' first recommendation that no other variances be granted in the future. Commissioner Pentel, who is the Planning Commission representative to the BZA, said that the Board does not look favorably on applicants who seek a variance on new construction. Commissioner Pentel requested that the applicant not market the lot for whatever size house a proposed buyer would want to place on it. Mr. Peterson told the Commission that the future owner of the lot could approach the City if they want a larger house on the lot. Chair Prazak opened the informal public hearing; seeing and hearing no one, Chair Prazak closed the informal public hearing. Chair Prazak noted the intent of the minor subdivision was to create a lot with more flexibility for a potential owner to build a normal size house. He believes this is a reasonable request and would vote in favor of the Minor Subdivision. Minutes of the Golden Valley Planning Commission September 30, 1996 Page Four . Commissioner McAleese commented that he understands the request and is in favor of the minor subdivision but it is the responsibility of the Planning Commission to enforce the code. Commissioner McAleese was referring to Section 12.50, Subd. 3(A). Conditions for Approval or Denial which states that Minor Subdivisions or consolidations shall be denied if the proposed lots fail to meet all of the requirements of the appropriate zoning district. He said that he would encourage the City Council to grant the variance if the legal requirements of the variance are met. Commissioner McAleese is concerned that in approving this variance, the City may be setting a precedent for many other comer lots that don't meet width requirements. He said that the City Council can decide to grant the variance, that it is not the Planning Commissions job to set policy. Commissioner Pentel said that Lot 13 is an existing lot and the Minor Subdivision allows only for the lot to be increased in size. She believes that the Mure marketing of the lot would be more promising if the minor subdivision request was granted. Commissioner Pentel said that if a larger lot existed it may alleviate a future owner coming to the BZA with a hardship case and. requesting a variance which would allow for construction into the setback areas and closer to the property lines. Commissioner McAleese commented that he agrees that it makes sense to enlarge the lot but the Code doesn't make exceptions so he will vote against the request. Director Grimes told the Commission that the City Council will make the. ultimate decision and the . Planning Commission's role is to make a recommendation. Commissioners Kapsner and Pentel asked staff again if the lot is buildable without granting the variance. Director Grimes said the lot is buildable at this time but a variance would allow for a more normal size house on the lot. MOVED by Kapsner, seconded by Johnson and motion carried by a vote of 5-1 to recommend to the City Council approval of the minor subdivision including the three conditions as stated above. V. Reports on Meetings of the Housing and Redevelopment Authority. City Council. and Board of Zoning Appeals No meetings were discussed. VI. Other Business A. Director Grimes and the Commission briefly discussed the new development Hwy. 55 and Winnetka Avenue. One major concern was the Hollywood Video drop-off box. Members of the Commission believe the lane for the drop-off box is located in a bad place due to back-up of cars waiting to drop off movies. B. Commissioner Pentel asked staff if the Lupient Used Car Lot had put up more pylons than permitted. She believes that there is too much sign age on the lot. Staff said they would talk with the Inspections Department who reviews the signage for the City. . ~ . . . Minutes of the Golden Valley Planning Commission September 30, 1996 Page Five c. Commissioner Groger is concerned about setback issues in the City. He believes it would be helpful to know what the setback regulations are for surrounding cities and requested staff to do a comparison study. Chair Prazak and Commissioner Lewis commented on maintaining setbacks as stated in the code. Commissioner McAleese thought it would be a good idea to find out what other cities require for setbacks. Commissioner Groger suggested staff conduct a modest survey. MOVED by Groger, seconded by Pentel and motion carried unanimously to have staff conduct a survey relative to setback requirements in other cities. VII. Actjournment Chair Prazak adjourned the Golden Valley Planning Commission meeting at 8:30pm. Jean Lewis, Secretary 4t MEMORANDUM Date: November 20, 1996 To: Golden Valley Planning Commission From: Elizabeth A. Knoblauch, City Planner Subject: Informal Public Hearing - Preliminary Plat, Golden Hills West 3rd Addition General Background 4t This application for subdivision first came up a little over a year ago, in July 1995. The property lies in the City's Golden Hills Redevelopment Area (location map attached). The Golden Valley Housing and Redevelopment Authority (HRA) was negotiating a development with MEPC to put an office/warehouse building on the former Bury & Carlson property, with a local storm water detention pond to be established on a separate lot to the south. All of the land involved in the subdivision was owned by the HRA at that time, and had been previously platted as a single lot. As it turned out, the development proposal was moving ahead at a faster pace than the application for subdivision could match. Among other things, there were some title issues to be resolved before 1tle final plat could be recorded. To keep the project moving, the HRA and MEPO devised a "Plan B". By agreement, MEPC would purchase the entire site from the HRA and deed the ponding area back to the City as an easement. The developer would oversee the establishment of the pond as well as the construction of what is now known as the CyberOptics building, after its main tenant. In the course of negotiations, a new component was added to the development plans: a segment of road to be named Golden Valley Drive. Its right-of-way was also deeded back to the City by easement. When the title issues were cleared up, the HRA would have the land subdivided, so that the road and pond easement areas could be formally dedicated to the public and split off from the title for the CyberOptics parcel. 4t Title to the land is now clear, so the application for subdivision can proceed. There is no additional public or private development associated with the proposed plat; everything is already in place. The only point of the subdivision process is to record new legal descriptions for the CyberOptics property and the pond property, and establish the road as public right-of-way. 1 Technically speaking, the plat could have been considered as a minor subdivision. The land has all been previously platted, and the subdivision will create only two lots; those are two of the three qualifying requirements for minor subdivisions. Code also specifies that minor subdivisions "shall not necessitate any additional public investment in new roads or utilities to serve the lots"; although the road and pond are new, the expense of creating them predates the platting and therefore does not disqualify the application from minor subdivision status. Staff feel, however, that it is important for the City to show that all public improvements are in compliance with the full subdivision requirements. Their early construction was permitted only as a means of furthering the goals of the area redevelopment plan, not as an attempt to circumvent any part of City Code. Subdivision Requirements City Code requires that the City Engineer or other appropriate official approve any "engineering proposals pertaining to water supply, storm drainage, sewerage and sewer disposal, roadway widths and the surfacing of streets" (Sec. 12.12). There are no such proposals in connection with this subdivision, because all of the named items are already in place. The Engineering Department did approve specifications for the road and pond prior to construction. City Code also requires that plats meet specified minimum subdivision design standards. The Code includes a number of different specifications broken down into the general categories of streets, easements, blocks, and lots (Sec. 12.20). The City's Engineering and Planning Departments have reviewed the preliminary plat of Golden Hills West 3rd Addition (attached) with an eye to all of the applicable requirements, and find as follows: · Golden Hills Drive is the only street included in the proposed plat. It more than meets the seventy-foot width required for local streets in industrial areas. The intent is to continue the street through the rest of the Golden Hills West Area, connect it to either Colorado Avenue or the present highway frontage road near Colorado, and then redesignate it as the official frontage road between Colorado Avenue and the Xenia Avenue interchange. The HRA is negotiating with MEPC on a redevelopment plan for the rest of the West Area. Because the built segment of Golden Hills Drive is already visually apparent as the logical frontage road path, there has been some confusion on the part of drivers who fail to notice that the actual frontage road narrows and veers sharply to the south without ever entering the area now proposed for platting. The Engineering Department is monitoring the situation, and may consider alternative signage or striping to provide better 2 . . . . . . guidance until such time as Golden Hills Drive can be completed. Any such efforts would occur outside of the limits of the proposed plat. · Easements on the north and east edge of the plat exceed the standards set out by the subdivision chapter. The twenty-foot-wide railroad spur easement along Laurel Avenue predates this subdivision by many years and will have to remain; the spur serves the Liberty Carton industrial facility located west of Louisiana Avenue. The thirty-foot-wide storm water easement along the main railroad tracks is a slight relocation of an abandoned MnDOT drainage easement that used to provide necessary storm water collection for this and other property along old Highway 12. Easements along other property lines are provided per code specifications. · The lots and blocks of Golden Hills West 3rd Addition are in conformance with appropriate specifications. The CyberOptics building, unlike the majority of the City's redevelopment projects, has been built to meet standard zoning requirements rather than as a PUD. Finally, City Code provides that the City Council at its discretion may require dedication of land, or cash in lieu thereof, for public parks or storm water management. The City does not normally require a park dedication for platting of industrial property. The storm water pond at the south end of the proposed plat will be owned by the City and will serve the CyberOptics site and other area properties. Staff Recommendation Staff recommend approval of the subdivision proposal as shown on the preliminary plat of Golden Hills West 3rd Addition. Because all anticipated improvements are already complete, there appear to be no conditions required along with the approval. Attachments: Location Map Preliminary Plat of Golden Hills West 3rd Addition 3 . , 6 z: 4'Q , J:!u.l) ~ , , , . , .. , , ~ , .. . .~. , 6D~' ,~.. , . ~> $901 I 70S. " 1741' :::: :: ( ... 0. _ 's4r...r&oOC"" NZ Zo oc N~ ~~ o ;;C , ~ CD . r- ~r.~ ..'a _ ;:i 4"'~':O'1C ..... 116 /16 .'1.9. . .. .. , ,.... : ,'70';. ~ C I: 5 o i'Io . '<!I : I~ ~ .~ Ii ' '" 'Q '.~ SrArr . t~ <I'U . .~I- II .1 .1 ,. =:.- ~II . .: .. .. ,,,. ,'.IU . \. 116-' 114 6'. tr (S4DO) Atl: CQrlhl$ ~ " :i ~ ........1.... ~.... D'" ( ..-:.. - fll,.. - un mil "ur M '7'J."&, . '0 "0.. >": ~ . ~5 :: : .,-..... I'll ..... U). l> #I#~ $ . r-;----- I r I I I ~r I ',~ ~~ I iJ:: I ~C l,. r-,- ) ~~ ~: /' v) :) ~:) ::; .................... t !lo Ig . I (:) ~t ~ : ... 8 ~ I t, ~. Q .............. <~ i! I ~............ Z) fJ:: ~IJ ~, ~~ '..........- -- \,F I~~ I I I I ~ MVI.... L____ PREl.IMINARY PLA T OF< -----, I I I GOLDEN HILLS WEST 3RD ADDmON IU. stl_'Dn1 ~ " :; ... ... ... I L. (h " _ >un stlr....rrr /'> V .,. I . , .IV ~lDrM7~~~..... ~ Lot 2, fIIocII to GClJJDlHlLLSwlST ZCD..oDlTDI. ~ to tN~ PIal uw.or. ~ CGlnt" ~ IIOIIll I.) n.ts....p 18 __ 01_ ell' atI>cw tme MOttertI of record OInatGf~lIffecDlOtM~GldCl'e.dproptrlJOUIert=nCII - 2.) LocaUan tad.. of all ~ IItIlUn ~ ___ ~arol,CIIod_-'-IIlrRdClllrlddklcllUol!lof~ I!lItlnIlllcamblnotlan.rtll~ClCltapl'Cllldldtrre'faus1Olll'ces. 1) c:.tOIltQOPKERSTA1f;ClNECAUatU4-OllCl2forpr-=r.GIImt. locatIanollllltllUapriarm.,~ 4.) r-b.. raIrood ~... o-t..... .12121ll5 CDd :::a ~::r-~,."--oI-1IG1 for ..-- A__ QnCI GO a.) t=,t'~I~:m,:r:-~-::-- .-of~rcrLclnt"""CI!lltOl:t_cIrlIct_IUbJldpraplrlJ. 8.) The....-t tar __ ... ~ Doc. 110. 492SIlJ25 lei .ur.I, -.Itt*I tN rf;IIt-or-.., for l.oNI "- CIIod doa act effect tile .......- 1.) DulIcnIDt'-9lwnto~~........m-lIIc.forU.Clltull InrarNOllan __ ..... ,.. ~ -., dlMd ~ 2., lfi8. IL) CROSS AffU: 448.157 Sq. ft. CII' 10.57 __ Lot I, Bled; I: m.on Sea. ft.. CII' 7.482 Acra l.oll.Blocka: 88,26SSq. ft.CII'2.028*"- CalcSeNbDrlw: A22QSq.ft.CII'Il.8OiAcla i.)ztNNG::~ WIilIIl BH o.ota .... ___ CB Otnata cotdt blalII CP o-.ta ~ hit '*- CMP o.nota ~ -cd ClIDII CP o..aa pIrd post :, ==C~ ... .......- CllIUC ~~~ pp Oenata po.w pcM ~ lMIOIa pal~.... SAN 9 Oenota ~_ sa Oenota lOll baMO SMIt ~~..... ST S o.nota ItGm ~ tB Denota ~ tlO:I TElE ...... _ Tl Dcnota traffla ll;ht TIWIS ......__ " o.ota t:nIIlImIIIIoD __ 'IP o-ta_t~ . Oclata ... mcM III1L 0enaIa -'tar ..a 11ft Oenota __ td.. o.nata ~ pdrt:b; ~ 0WtIER:! MEPC MlIrIcM fIrq)ertln -. 1550 UtIco ...... $caUl SYIle 120 ~~I554I8-lm APPI..I:JlNTt 1Kt HaJSZICC MD REDlYEl.CIAeJf AU1KCIa1Y IN AMI RIA 1NE an OF' Cl:l.DDt YAIa't 78CIOGl:tcs.YallqRooll ~ ~ MlnMIoto UCZ7 :.~~~ ~: :. ":u::... '*':' tM~~cs..:rtIecI=cIoft!leloc:atlollof aII~IfClll"fromOlOftIClldIarld. ClG*lWlI8Ut day of ~ .1990 Slaa: LAtID QRl4YII(O. lNC. .0 ~H.1a:lIde.R.LS. Mlna.Re;.No.8B12 __.....~LI.... REVlSID; Sept. 12. 1995 ALTA/ACSIlI s..,) REVISm o=ber 18, 1 ~PlcJt) 50 I""""""""'" SCAU; 50 100 FEET ~"" Ut... lJIlICllI:IDt.U &lS4WAIl7 ~........... ---~--=- 1Olnr.(,.a).I~(~ I I I I ____.J