11-27-95 PC Agenda
AGENDA
GOLDEN VALLEY PLANNING COMMISSION
Regular Meeting
Golden Valley City Hall
7800 Golden Valley Road
Council Chambers,
November 27,1995
Monday
7:00 PM
I. Approval of Minutes - October 9, 1995
II. Informal Public Hearing - Conditional Use Permit
Applicant:
Schumacher Wholesale Meats, Inc.
Address:
1114 Zane Avenue North, Golden Valley, Minnesota
Request:
To allow cooking and heating of food items in the Light Industrial
Zoning District.
III. Reports on Meetings of the Housing and Redevelopment Authority, City Council,
Board of Zoning Appeals, and Community Standards Task-Force
IV. Other Business
V. Adjournment
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Minutes of the Golden Valley
Planning Commission
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October 9, 1995
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 7:00 PM.
Those present were Commissioners Groger, Johnson, Kapsner, Lewis, McAleese Pentel and Prazak.
Also present were Mark Grimes, Director of Planning and Development; Elizabeth Knoblauch, City.
Planner and Mary Dold, Planning Secretary.
I. Approval of Minutes -September 26, 1995
MOVED by Groger, seconded by Kapsner and motion carried unanimously to approve the August
28, 1995 minutes as submitted with the following sentence added to Page Three, Paragraph Two:
"He added that the Planning Commission realizes that the addition of this convenience store would
create competition for this particular area but it is not the Planning Commission's role to control
competition."
II. Informal Public Hearing ~ Subdivision (Preliminary Plat)
Applicant:
PBK Investments Inc.
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Address:
3940 and 4010 Glenwood Avenue, Golden Valley, Minnesota
Request:
Subdivide a portion of the property located at 3940 and all of 4010
Glenwood Avenue for the purpose of creating three platted residential lots.
Mark Grimes, Director of Planning and Development, gave a brief summary of his report to the
Commissioners dated September 3, 1995 commenting that these lots are currently unplatted thereby
requiring a full subdivision. The request would allow for the owner of 401 0 Glenwood Avenue to
purchase 10 feet from the owner of 3940 Glenwood Avenue which would give the applicant the
required minimum width of 80 feet at the minimum required front setback for the two proposed lots.
Mr. Grimes also commented that the existing house at 4010 Glenwood Avenue, which sits on one of
the proposed lot lines, would be demolished in preparation for the construction of two houses on the
new lots. The Engineering Department has some concerns regarding the depth of the basement of
the proposed house on lot 2 because of the depth of the sanitary sewer in Glenwood Avenue. Also,
the County has requested that all three lots share one common driveway. Staff has written the
County stating that three driveway cuts presently exist and that lots 1 and 2 are planning, at this time,
to share one driveway. The applicant would like the option, for the future, for each lot to have its own
driveway off of Glenwood Avenue.
Commissioner Lewis questioned the setback requirement of the house located at 3940 Glenwood
Avenue. Director Grimes commented that the house sits approximately four or five feet from the east
property line. Because this is an existing nonconformity and does not affect the proposed Lots 1 and
2, no action needs to be taken to make the house legally nonconforming. The other house will have
e to be demolished prior to plat approval in order to avoid creating a new nonconforming situation.
Brian Pellowski, Applicant, told the Commission that he and his partner, Thomas Lindquist, would be
the owners of Lot 1 and Lot 2, with Mr. Lindquist owning Lot 1. Mr. Pellowski talked about the size of
each property and the houses proposed to be built, and felt that the proposed subdivision would be
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Minutes of the Golden Valley Planning Commission
October 9, 1995
Page Two
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an enhancement to the area and add to the tax base for the City. He commented that demolition of
the existing house at 4010 Glenwood Avenue would not occur until Spring when they would like to
begin construction of the proposed houses. Director Grimes stated that delayed demolition would be
a problem because once the plat is approved the City loses its ability to enforce the demolition
requirement, staff will have to discuss this further with the applicant.
Chair Prazak opened the informal public hearing; seeing and hearing no one, Chair Prazak closed the
informal public hearing.
Chair Prazak commented that the proposed development should be a significant improvement to the
area.
Commissioner Kapsner was concerned about not having a covenant agreement for the shared
driveway. Commission McAleese said that he would like to see a covenant agreement. City Planner
Beth Knoblauch commented that the City does not require a covenant agreement because each lot
fronts Glenwood Avenue and there are three existing curb cuts to Glenwood Avenue.
MOVED by Johnson, seconded Groger and motion carried unanimously to recommend to the City
Council approval of a subdivision for the properties located at 3940 and 4010 Glenwood Avenue to
allow for a portion of the property located at 3940 Glenwood Avenue and all the property at 4010
Glenwood Avenue be subdivided into three lots.
III. Informal Public Hearing - Rezoning
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Applicant:
Daniel Otten/Otten Realty Inc.
Address:
1800 Winnetka Avenue North
Request:
Rezone the property from Single-Family Residential to R-2 (Two-Family)
to allow for the construction of a two-family dwelling
Mark Grimes, Director of Planning and Development, gave a summary of his staff report dated
October 4, 1995. Mr. Grimes commented on the requirements for the two-family zoning district,
which include that lots have to be at least 12,500 sq.ft. in area and at least 100 feet of width. He
reviewed several issues relating to the proposed rezoning and its accompanying minor subdivision for
double bungalow application: minimum .lot requirements, slopes and wetness, sewer and water
connections, easements, county consideration and Declaration of Covenants, Conditions and
Restrictions.
Mr. Otten commented that he did have an interested party who would live on one side and rent the
other side out. He said that each unit would have about 2,200 sq.ft. and have a total value of about
$228,000.
Daniel Otten, Applicant, showed the Commission a site plan of how the two-family dwelling would sit
on the lot. e
Chair Prazak opened the informal public hearing. The following persons opposed the proposal of
rezoning the property at 1800 Winnetka Avenue North. Below are some reasons for their opposition:
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Minutes of the Golden Valley Planning Commission
October 9, 1995
Page Three
· Concern that once the property was rezoned the owner could build something other than what he
showed the Commission
· Concern about the amount of green space left on the lot once the townhouse was built
· Residents want to see the neighborhood remain single-family residential and feel a two-family
dwelling is incompatible with the existing single-family homes
· Upset that the covenant that was originally set up, which stated that the Val-Wood area lots could
only be used for single-family homes, is not being upheld. (The 30-year covenant expired several
years ago and was not renewed.)
Robert Johnson, 1940 Sumter Avenue North
Ray Lemke, 1921 Rhode Island Avenue North
Karen Olson, 1720 Valders Avenue North
Donald Schwartz, 1831 Valders Avenue North
Phyllis Bailey, 1941 Sumter Avenue North
Jack Germain, 2000 Winnetka Avenue North
Richard Wicklund, 1559 Sumter Avenue North
Vandon Jopp, 1600 Winnetka Avenue North
Donald Brockel, 1545 Winnetka Avenue North
Mr. Bill Bergquist, 1920 Winnetka Avenue North, commented that he did not think that another four or
eight cars on Winnetka Avenue would cause any more congestion and doesn't believe this is an
issue. He also commented that he has known the applicant, Mr. Otten, for many years and believes
that Mr. Otten's previous developments are an asset to the neighborhood.
Mr. Otten commented that the covenant that had been in place for many years had expired four years
ago and was no longer relevant.
Chair Prazak closed the informal public hearing.
Chair Prazak commented that Mr. Otten had developed a similar two-family dwelling in his
neighborhood and it has been well maintained.
Commissioner Kapsner wanted to clarify an earlier statement by Mr. Johnson, 1940 Sumter Avenue
North. Mr. Kapsner commented that the Commission has no control over how the two-family dwelling
would look if the Commission approved the rezoning, but also has no control over the appearance of
single family homes.
Commissioner McAleese commented on Phyllis Bailey's concern that the petition signed by 57
residents opposing the previous request to rezone this lot and three others, be made part of the
record. Ms. Bailey wanted to know what had happened to the petition, which had been turned into
the Planning Commission at the meeting of July 24, and would it be passed on to the City Council.
Mr. McAleese commented that the Council does have all correspondence included in their agenda
packets. Beth Knoblauch, City Planner, commented that the Council has seen all the petitions but
because Mr. Otten had withdrawn his earlier application, the petitions were not discussed at a City
Council meeting.
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Minutes of the Golden Valley Planning Commission
October 9, 1995
Page Four
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Commissioner Groger said he would have to vote against the proposal because of the basic issues --
it is a single-family residential neighborhood. The lots in the neighborhood are uniform and a two-
dwelling unit would not fit. The Commission agreed with Commissioner Groger's comments.
MOVED by Kapsner, seconded by Johnson and motion carried unanimously to recommend to the
City Council to deny the request for rezoning of the property from single-family residential to R-2 (two-
family) to allow for the construction of a two-family dwelling at 1800 Winnetka Avenue North.
IV. Informal Public Hearing - Minor Subdivision
Applicant:
Daniel Otten/Otten Realty Inc.
Address:
1800 Winnetka Avenue North
Request:
Subdivide the existing lot which would allow each half of the proposed two-
family dwelling to be situated on its own lot
Mark Grimes, Director of Planning and Development told the Planning Commission that because they
recommended denial of the rezoning, they could not approve the minor subdivision. Staff and the
Commission want to make it clear to the City Council, that the minor subdivision does meet all City
Code requirements if the rezoning had been approved. The Council, if they approve the rezoning,
may act upon the minor subdivision.
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MOVED by Lewis, seconded by Johnson and motion carried unanimously to recommend to the City
Council to deny the request of a minor subdivision for the property located at 1800 Winnetka Avenue
which would allow the subdivision of the existing lot so that each half of the proposed two-family
dwelling could be situated on its own lot.
V. Reports on Meetings ofthe Housing and Redevelopment Authority,
City Council. Board of Zoning Appeals. Community Standards Task
Force. and Valley Square Task Force
Commissioner Groger updated the Commission on Task Force meetings.
VI. Other Business
No other business was reported
V. Adiournment
Chair Prazak adjourned the meeting at 8:30 PM.
Jean Lewis, Secretary
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MEMORANDUM
Date:
November 20,1995
To:
Golden Valley Planning Commission
From:
Elizabeth A. Knoblauch, City Planner
Subject:
Informal Public Hearing -- Conditional Use Permit (CUP) to Allow
Processing and Packaging of Foods involving Heating and Cooking
in the Light Industrial Zoning District --1114 Zane Avenue North _ .
Schumacher Wholesale Meats, Inc., Applicant
This is a resubmittal of an application previously considered by the Planning Commission
and City Council in late 1993. Matthew Schumacher is representing his father, and the
company's owner, John Schumacher, this time around. Aside from that, Mr. Schumacher
has informed staff that the only change is the inclusion of updated technology in the area
of odor control. Last time around, the Planning Commission held the application over for a
second hearing while staff did additional research on how the City might handle odor
control, and the applicant worked on upgrading the proposed odor control system. The
recommended conditions of operation went through several amendments as well.
Ultimately, the Council voted against the requested CUP.
Because most aspects of the current application are identical to the original request, the
staff report also remains basically the same. The issue now, as then, is the potential for
undesirable odors to escape the site. The proposed addition of a catalytic afterburner to
the vent system probably represents the best technological"fix" available today; however,
given the subjective nature of odor perception, and the historical experience in this
particular case, staff still cannot promise that the cooking process would be problem-free.
The applicant has been in business at this site (Attachment #1) for more than twenty
years, processing and packaging meats for wholesale distribution to restaurants and other
outlets. The current request involves a new product line that Mr. Schumacher would like
to offer. Unlike all of the other products prepared by his company, this one would involve
on-site cooking, which requires a Conditional Use Permit (CUP) because of the potential
for odor problems. A narrative from Mr. Schumacher is attached to this report (Attachment
#2) in explanation of the proposal.
Staff has had little experience dealing with industrial food cooking. However, there is a
definite history behind this type of use in Golden Valley generally and at this site in
particular. A separate summary of that history is attached to this report (Attachment #3)
for those who may be unfamiliar with some or all of the past events. The history is
important because some of the current neighbors have lived through it.
Schumacher Memo
November 20, 1995
Page Two
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A report on odor control methods, prepared by staff during the 1993 deliberation over the
Schumacher proposal, is also attached (Attachment #4).
Factors for Consideration
The zoning code outlines ten factors that must be considered in any application for CUP.
Staff review of those factors finds as follows:
1. Demonstrated Need. The applicant has identified a market for his proposed
product and further has claimed that it may be a necessary addition in order to
remain competitive and stay in business.
2. Consistency with Comprehensive Plan. The Comprehensive Land Use Plan
Map identifies the applicant's site as being in an area suited for light industrial use.
. Neither the land use section nor the housing section of the plan offers specific
guidance regarding how to balance the interests of residents vs. businesses when
the two types of uses are in close proximity.
3. Effect on Property Values. Little or no effect is expected on the adjacent
industrial uses. The potential impact on residential properties to the east will
depend to some extent on the nature and degree of odors escaping the plant and
extending to the residential lots. Staff has no definitive information on this matter.
According to Glen Buzitsky, Hennepin County Assessor for Golden Valley, property
values rarely exhibit significant impact from just one condition unless that condition
is really extreme. Values depend on a complex combination of conditions.
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4. Effect of Increases in Population or Density. Mr. Schumacher does not intend to
expand this existing building, nor does he plan any increase in the employment
population. The site plan provided by Mr. Schumacher (Attachment #5) appears to
indicate a proposed building expansion, but that is only due to the use of an old
plan; the addition was completed several years ago.
5. Effect of Anticipated Traffic. It is not expected that the addition of this new
product line will significantly change existing traffic patterns at the site or exceed
the level of traffic that the area is able to bear.
6. Increase in Noise Levels. The proposed cooking would take place indoors (floor
plan attached as #6). Certain types of odor control equipment could be roof-
mounted and might generate some noise. If Mr. Schumacher plans to add a
second shift or extend his hours of operation, that could also have some impact on _
noise levels. Refrigerated trucks that linger on the property could also be a source ..,
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Schumacher Memo
November 20, 1995
Page Three
of noise. The Planning Commission may wish to question Mr. Schumacher about
some of these possibilities, but during normal daytime hours no significant impact is
expected.
7.
Odors. Dust. Smoke. Gas. or Vibration. Herein, one might say, lies the meat of
the matter. Mr. Schumacher has offered the opinion that off-site odors, if there are
any, would be no worse than those generated by a restaurant. Lloyd Becker,
former Director of Zoning and Community Services, has noted that modem odor
control technology can offer a broad range of solutions to potential odor problems.
Director of Planning and Development, Mark Grimes, has pointed out that a Perkins
restaurant, for example, can locate any distance from residential uses and not face
odor control restrictions of any sort. There is a distance of a couple hundred feet
between the Schumacher operation and the nearest house.
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A 1993 visit to a Burnsville site where Mr. Schumacher was test-cooking pasties
yielded some useful information about the process involved, but was not really
comparable to what he plans to do at his Golden Valley site. As promised, the
odors were similar to what many ethnic restaurants might pro.duce. In the close
quarters of an unvented room, the smell was pretty concentrated, but it was not
particularly noticeable outside of the building. In Golden Valley, Mr. Schumacher
wants to increase production five or six times beyond current levels, which by law
would required restaurant-style equipment such as a vented hood over the cooking
area. The vent will exhaust to the outside air, but it is not clear how much odor, if
any, will make it past the vent system with its associated odor control mechanisms.
Mr. Schumacher still intends to install the activated charcoal filters as proposed in
1993, but in place of an odor neutralizer he now proposes to add a catalytic
afterburner (Attachments #7, #8, and #9).
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It is entirely possible that odors could turn out to be a non issue for Mr. Schumacher.
Unfortunately, Golden Valley's past experience with. industrial cooking at this site
shows that after implementing a series of odor-reduction measures, and after
objective reviewers classified the remaining odors as not unpleasant and practically
nonexistent, neighborhood residents still found the situation bad enough that they
were willing to spend money in a lawsuit to shut the company down. Even an odor
that would generally be considered pleasant in moderation can become obnoxious
with long-term exposure. Staff would recommend a restriction on the days and
hours during which cooking could take place as the best way to minimize potential
problems without arbitrarily denying the permit. The applicant could always come
back and request a permit amendment to expand the cooking hours after a
reasonable demonstration period that illustrates how odor-free his cooking process
is.
Schumacher Memo
November 20, 1995
Page Four
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8. Flies. Rats. Animals. or Vermin. Because food processing already takes place at
this site, staff would not expect that the addition of the proposed product line would
cause any increase in the presence of these critters.
9. Visual Appearance. Except for the vent pipe and the possible addition of exterior
odor control equipment, the proposed use is not expected to cause any changes in
the visual appearance of the property.
10. General Public Health. Safety. and Welfare. Aside from items already discussed,
staff has identified no aspects of the proposed use that would impact the general
health, safety, or welfare of the City or its residents. City Attorney Allen Barnard
recommended in 1993 that, to avoid later confusion, the applicant have the now-
lapsed judgment terms cleared from the property title as a condition of approval;
staff do not know whether Mr. Schumacher has taken care of that item since 1993.
Staff Recommendations
Staff still has some concerns about the proximity of the site to a residential neighborhood.
The applicant's odor control plans, and his willingness to limit the hours of cooking, should
be important determinants of whether or not this application for CUP is approved. If it is
approved, staff would recommend the following conditions, based on what the Planning
Commission ultimately recommended to the City Council in 1993.
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1. There shall be no food processing at this site that involves smoking, soaking or
marinating.
2. Heating and/or cooking of food shall only take place between the hours of 7 AM
and 3 PM. There shall be no heating and/or cooking of food on Saturday or
Sunday.
3. There shall be no direct retail sales to customers at the site.
4. The vent system shall be designed to accommodate both an activated charcoal
filter and a catalytic afterburner per specifications submitted by the applicant and
approved by the City inspections department. Both shall be installed before
cooking operations begin.
5. Regular maintenance of the charcoal filters and catalytic afterburner must be
undertaken by contract with the vendors of the equipment or another qualified _
professional firm. The City shall be supplied with proof of all maintenance ..
agreements. Such proof may consist of copies of the actual agreements or letters
from the contracted firms specifying how long the agreement will run. As part of the
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Schumacher Memo
November 20, 1995
Page Five
maintenance agreement; there shall be a saturation inspection of the charcoal
filters by the contracted firm after a period not to exceed three months from the date
of initial use. Based on this inspection, the contracted firm shall establish a
schedule of ongoing inspection and replacement of all filters at a point not to
exceed 85% of full saturation. The City reserves the right to require the applicant to
supply proof of the saturation levels of replaced filters.
6. The floor plan supplied by the applicant shall be made a part of this permit.
7. All other applicable City, State and Federal requirements must be met.
8. Failure to observe any of the conditions of this permit may be grounds for its
re.vocation.
EAK:mkd
Attachment 1 - Location Map
Attachment 2 - Narrative
Attachment 3 - Industrial Food Cooking in Golden Valley
Attachment 4 - Odor Control Research
Attachment 5 - Site Plan (enclosed separately)
Attachment 6 - Floor Plan (enclosed separately)
Attachment 7 - Friedrich Smokehouse Emissions Control Literature
Attachment 8 - Star Tribune article "Coffee smelL.. quite clear"
Attachment 9 - Friedrich Report on Tests Performed on the Catalytic Smoke Extractor
Attachment 10 - Letter Opposing Request
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Attachment # 2
SCNUMACHEIl WHOLESALE MEATS, INC.
(612) 546-3291 · FAX 546-0053
1114 ZANE AVE. NO. GOLDEN VALLEY, MN 55422
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November 6, 1995
NARRATIVE REPORT ON COOKING APPUCATION
Schumacher Wholesale Meat, Inc. proposes to install cooking ovens at our
plant in Golden Valley to cook pasties and other fully items of a similar
type. C~k.ecl
pasties are an ethnic food item consisting of meat and vegetables enclosed
in a pastry crust. The process involves cooking vegetables and beef,
hicken, or pork in steam jacketed pots, folding the cooked combination into
:astry dough and baking the product long enough to set the dough. The
pasties are then packaged and frozen.
The process uses all natural, fresh ingredients. We will use no brines,
chemicals or smoking processes. All of the exhaust emitted from our cooking
process (both ovens and steam kettles) will be captured in an exhaust system
and processed by a Catalytic Afterburner (manufactured by Friedreich, see
enclosed literature). The Afterburner is designed to burn off nearly all of
the odor causing particulate in the exhaust. I have also enclosed a copy of
an article explaining a similar afterburner in a Minneapolis coffee-hous~
which has been met with great success by the residential neighbors. ~
We currently employ about 40 persons and we do not expect this number to
increase if we are allowed to cook. We would not open up to the retail trade
or 'change the method of our business in any way. We would anticipate that
all of the cooking will b~ done during our normal business hours, 6:00 A.M.
to 4:30 P.M. I have enclosed an interior floor plan showing the cooking
- location and equipment in detail.
We are very confident in the ability of the Catalytic Afterburner to
eliminate all of the odors which may be generated by cooking pasties. Keep
in mind that most of the CA's are placed in smokehouses which generate much
more odor cooking particulate than our processes would.
I hope that this adequately explains the proposed cooking process. Please
let me know if you have any questions whatsoever.
Yours very truly,
~~
Matthew J. Schumacher
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PROCESSORS AND PURVEYORS OF FINE MEATS TO THE INSTITUTIONAL FIELD FOR OVER 37 YEARS
Attachment #3
Schumacher CUP Application Report:
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Industrial Food Cooking in Golden Valley
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The property at 1114 Zane Avenue was fi rst developed in 1964, for use by the
Feinberg Company, a Kosher meat processing and distribution outfit. Smoked
sausage was a company specialty. At that time, food processing plants were not
specifically permitted anywhere in the Golden Valley zoning code. However, the
vi 11 age council determi ned that such a use coul d be permi tted under an "other
uses" claus~ within the light industrial zoning district regulations.
From the initial rezoning hearing in early 1964 through mid-1969, when the com-
pany announced that it was selling the property, the residential neighbors to
the east campai gned strongly against Fei nberg. A 1960 court Judgment and
Decree, which apparently replaced earlier covenants of some sort, established a
series of property restrictions affecting both residential and nonresidential
use in the area of the Feinberg plant. Among other things, the restriction
included a prohibition on uses that were "noisy, noxious, odorous, or offensive
to sound or smell". The Judgment and Decree was memorialized on all cer-
tificates of title for land in the affected area. The neighbors referred to
this document at more than one hearing.
The main complaint about Feinberg's business was odor. The village council and
staff tried to work with the company and neighbors toward a resolution of the
problem. Records indicate that over time the company tried increasing the
height of the chimney on the smokehouse, installing after burners, and install-
i ng charcoal fi lters. The nei ghbors st ill comp 1 a i ned about i ntermi ttent bad
odors. Although the village sanitarian visited the site several times in
1966-67 and could not detect any offensive odors, the village council hired a
pollution consultant to do an independent evaluation.
"Odor panels" performed two scientifically designed surveys at the site, in June
and November of 1967. After the June survey, the company began mixing an odor
counteractant with the waste gases being exhausted from the plant. The results
of the November survey characterized odors as "a faint, spicy, barbecue odor and
only at brief intervals" and "another odor characterized as sweet and perfumed".
The survey panel cons i sted of ei ght graduate students from the U of M who
visited the site at five different times.
The neighbors initiated legal action against Feinberg in 1968. In early 1969,
action in the lawsuit was halted while another consultant evaluated another odor
reduction proposal involving something called a thermal oxidizer. The results
of this evaluation are unknown. In May of 1969 the village of Golden Valley was
informed that Mr. Feinberg had sold the property to Schumacher-Wholesale Meats,
Inc., which has remained at the site since that time. The neighbors dropped the
lawsuit when Feinberg moved.
Because of the Feinberg problems, the zoning code was amended to specifically
prohibit industrial food packaging or processing involving heating, cooking,
smoking, soaking or marinating. That ban remained in place until 1985, when
staff requested that such uses be put back into the code as conditional uses.
According to the staff report:
e
Schumacher CUP Application Report
There may be food processing businesses that do cook food that may
not emi t odors that woul d be offensi ve to the surroundi ng area.
Also, there may be techniques that may be employed to eliminate odors
before leaving a business. It would seem to be the most logical step
to evaluate each bus i ness and the type of odor emitted rather than
not permitting these businesses .... If it were found that no offen-
sive odors were emitted and that the use would not adversely affect
the health, safety, or welfare of the community, the Conditional Use
Permit could be issued. If offensive odors were to be emitted, the
use could be denied or measures taken to eliminate the odor problem
and these measures made part of the Conditional Use Permit.
e
The sandwi ch-maki ng business that caused staff to i niti ate the code amendment
never came to Golden Valley. The only business to apply for, and obtain, a CUP
for industrial food cooking is Mui Li Wan, which has been preparing eggrolls and
rice at 2300 Nevada Avenue North since 1988. That business moved from a loca-
tion in Brooklyn Center, and the City zoning director and sanitarian were able
to visit the older site and evaluate existing odors and odor control measures.
The only clause in the CUP for Mui Li Wan that might relate to odor is a general
statement that "the site shall meet all requi f'ements and recommendations of the
City Fire Marshal, City Engineer, City Sanitarian, and the City Building
official". The nearest homes to the Mui Li Wan site are approximately 400 feet
away.
When Mr. Schumacher applied for a CUP, staff asked City Attorney, Allen Barnard, e
to evaluate the current status of the Judgment and Decree prohibiting odorous
uses in the Zane Avenue area. It is his opinion that the prohibition must be
considered as a form of private covenant among the affected property owners.
According to state law, private covenants are only valid for up to 30 years,
unless legally renewed by consent of all affected parties. In this case, there
is no evidence of a renewal and the 30 year period has expired. Therefore, the
Ju~gment and Decree has no bearing on the use of the property today.
EAK:mkd
:
.
Attachment #4
Schumacher CUP Application Report
e
Odor Control Research
The Planning Commission has asked staff to provide additional information on
odor control with regard to the Conditional Use Permit (C.U.P.) application of
Schumacher Meats. During the first portion of the informal public hearing on
this matter, four potential strategies were raised by staff, the neighbors of
Mr. Schumacher, or the commissioners themselves. These four, some of which
could be used in combination with others, are:
1. limit the times during which cooking can take place
2. specify the use of odor control equipment, and a maintenance program,
desi gned by professi onal s to meet reasonabl e industry. standards
3. require 100% odor-free operation regardless of how much additional odor
control equipment must be added over time in order to satisfy the
requirement
4. include a "sunset clause" to automatically terminate the permit after a
specified period of time, reqUiring the applicant to go through the
C.U.P. process again in order to continue operation.
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Staff has taken another look at each of these potential strategies, calling for
additional input from the city attorney, city building inspectors, Mr.
Schumacher, and the experts who have proposed the odor control equipment for Mr.
. Schumacher's facility. Two questions have come up time and time again during
staff's investigation of this matter: what constitutes a fair odor control
standard, and who decides whether that standard is being adequately met.
Staff's research on those two questions overlapped with research into the four
potential strategies, but will be summarized here in separate discussions.
Establishing an Odor Standard
In giving cities the authority to regulate certain land uses on a conditional
basis, State law specifies that the regulating codes must include standards and
criteria for such uses in general and for particular types of uses to the extent
possible. Golden Valley's ten factors for consideration fail to provide clear
standards. Since State law also says that approval of conditional uses is based
on an applicant's demonstration of ability to meet the established standards,
this lack of clarity can cause difficulty for both the applicant and the City.
e
For some of the ten factors, consideration is limited to a lIyesll or IInoll answer,
and thus the standard is easily inferred. For example, if a proposed condi-
tiona} use is in conflict with some element of the Comprehensive Plan, then it
pretty clearly fails to meet the City's standard with regard to that factor.
The matter of odor, however, is not nearly so clear-cut. City code only
provides that odors will be considered. There is no standard delineating accep-
table from unacceptable odors in nature or in degree.
\;'
Schumacner
Page T'IIO
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Golden Valley's current C.U.P. process has been in use since 1981. . Over the
years, the City has evolved a practice of dealing with the nonsoecifjc factors
for consideration by "borrowing" commonly acceptea standards from a variety of
sources. Existing precedent often forms a standard: something that has worked
before will probably work again. Outside regulations such as State law can set
a standard. The basic mandate of zoning -- :0 protect the general public
health, safety, and welfare -- sets a standard of protection against hazards.
Finally, the generally accepted industry standards of the type of business being
proposed have often been adopted as standards in Golden Valley.
l~ith regard to odor control in this case, there appears to be nothing in the
City's normal procedures to indicate that the neighbors' goal of zero tolerance
for odor would be a reasonable standard, or that the type of cooking odor
involved requires any extraordinary control measures. Even going back to the
legislative intent of putting this type of use under conditional regulation
doesn't provide any clear guidance. The Planning Director's memo does refer to
the possibility that some cooking processes may not smell at all, but the memo
also indicates that there may be some odors that ~'lould not generally be con-
sidered offensive. It apparently was not the intent of the proposed regulation
that all industrial cooking odors would have to be completely suppressed.
Golden valley does not have an existing precedent for requiring full odor
suppression by industrial or commercial cooking uses that are conditionally
regulated. Staff has found no evidence that the currently proposed use would
cause odors in violation of any standards used by outside regulatory bodies. e
The potential odor from the proposed use does not appear likely to be hazardous
to the general public health, safetY7 or welfare. There do appear to be some
commonly accepted industry standards for the voluntary regulation of industrial!
commercial cooking odors, and Mr. Schumacher has taken the initiative in pre-
pari ng to meet those standards. Staff I s research i ndi cates that it woul d. be
difficult to impose conditions' on the . proposed use beyond the level of those
i.ndustry standards.
Establishing Compliance With an Odor Standard
If the City does find grounds to establish a zero odor standard, or even a zero
objectionable odor standard, it must confront the related problem of determining
whether the applicant's daily operations meet the standard. Granting the neigh-
bors sole discretion in this matter would likely constitute an improper delega-
tion of zoning authority. Because even the most scientific methods of measuring
odor still rely on subjective decisions at some point7 it would probably be
inappropriate to place full responsibility on a single City official such as
building inspector or police officer (the police currently are responsible for
administering the noise provisions of city code). .
The evaluation method that appears to be best able to withstand legal challenge
is some versi on of an odor panel. . The more care that is taken to ensure that
the panel i sts are unbi ased by any personal stake in the outcome, and that the
panel's methodology of operation is as scientifically designed as possible, the
more legitimate the result will be. Unfortunately, this will also result in .-
increased response time and increased cost. Related issues of fairness to the ~
neighbors and to Mr. Schumacher also come up. Staff estimates that it could
take months of input and discussion from a variety of interested or potentially
affected parties to establ ish the groundrules for a viable odor panel.. The
follO\'ling paragraphs summarize some of the questions and issues raised by staff
to date.
Schumacher
4It Page Three
Should the odor panel be convened on a complaint basis, or should the City rely
on random evaluation dates? If a complaint system is used, should a panel be
convened for every complaint, or should the system involve something more
complex such as a minimum number of complaints, minimum area from which
complaints are being received, and/or minimum amount of time covered by the
complaints? It would take at least several hours, and realistically could take
several days, to get an odor panel out to the site after a complaint is
received; if the panel then found no violation, \'/ho is to say whether the
violating activity has ceased or whether there was no violation in the first
place? If random evaluations are used, how often is adequate? Does wind direc-
tion, wind speed, or some other weather factor need to be considered?
e
Who should bear the cost of convening the odor panel? The C.U.P. could specify
that Mr. Schumacher would bear all reasonable costs, but how can the City pro-
tect him against unreasonable costs such as consistent false alarms? Many com-
munities penalize individuals who turn in false fire alarms; \'/ould this be a
reasonable way of discouraging harassment of Mr. Schumacher? How many false
alarms, and over what interval of time, would constitute an unreasonable number?
The odor panel would need to convene during normal working hours. Even with
some sort of stipend offered for attendance, could an adequate supply of
qualified panelists be maintained over time? Using City staff members would
reduce some of the problems associat~d with panelists needing to take time off
from work, but will the neighbors and Mr. Schumacher be willing to accept the
neutrality of staff? Will the staff be able to stay neutral if there is a lot
of pressure on the odor panel? Retired citizens form another potential pool of
odor panelists, but what about the medical evidence that sensitivity to smells
decrease with age?
If the odor panel concept is adopted for this particular case, what sort of pre-
cedent does it set for future applications? Since zoning law generally requires
that similar uses be treated in a similar manner, the impact could easily extend
to restaurant cooking, institutional or office cafeterias, or supermarkets with
on-site bakeries/delis. At this time, most of those uses don1t even require
conditional use permits, yet their capacity to generate odors appears quite
similar to Mr. Schumacher's proposed operation. Woodbury is the only community
known to staff where a permanent odor pane 1 is in place to deal wi th a con-
ditional use. In that case (where, by the way, the sniffing is done by staff',
the use is large-scale and relatively unique: a regional composting operation.
That limits the risk of having to expand the concept to many related uses.
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Potential Strategies
1. Time limits. This was staff's first recommendation, and remains its
strongest. There is ample precedent in Golden Valley for specifying the
nours of conditional uses as a way of minimizing annoyance to neighbors.
'As indicated in the earlier staff report, such a limitation attempts to
. stri ke a balance between the ri ghts of Mr. Schumacher and the ri ghts of
his residential neighbors to the east. At the same time, it avoids the
pitfalls of trying to establish, and prove compliance with, a specific
odor standard.
Schumacher
?age Four
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2. Speci fi ed equi pment and maintenance. As already i ndi cated, there are
generally accepted industry standards for odor control equipment used in
the cooking process similar to what Mr. Schumacher proposes. Th~ charcoal
filter device that was discussed at the informal pUblic hearing has been
used successfully in many commercial kitchens. Without getting into
another s 1 i ppery di scussi on of what "zero odor" means, staff is comfort-
able in saying that an adequately designed charcoal filter system can
greatly reduce whatever cooking odors might otherwise make their way into
the air. A representative from the company that sells the proposed system
-- and also offers maintenance contracts -- will be present to discuss the
system at the next Planning Commission meeting. One of the City's build-
ing inspectors is currently investigating some of the technical aspects of
how the filter works within the vent system, including whether the vent
will have enough power to push all of the cooking vapor into and through
the filter, and whether the filter includes the correct amount of charcoal
to accommodate the volume of air flowing through. His report is forth-
coming.
There is still some uncertainty as to whether the charcoal filter system
alone will be sufficient, or whether the earlier proposed "odor
neutralizer" system shou1~ also be installed. The neutralizer, similar to
many household air fresheners, injects its own scent into the air it pro-
cesses. If the charcoal filter does a really good job, the neutralizer
could end up generating more of a smell than would be coming from the vent
without it. Staff's recommendation is that the vent system should be _
designed to accommodate both odor control mechanisms, but that Mr. ~
Schumacher should not be required to install the odor neutralizer unless
directed to do so by the City after initial operation is evaluated with
just the charcoal filter. Staff would not recommend that such evaluation
be based on zero odor tolerance, but could see using an informal odor
panel to determine whether any existing odor might be considered objec-
tionable.
3. 100% Odor-Free Operation. This is the alternative favored by Mr.
~macher IS nei ghbors. It is not a supportab1 e standard based on the
City's regulation of conditional uses over the past 12 years. The City's
ability to enforce such a standard is, as uncertain as its ability to
require it in the first place. The City has a responsibility to provide
fair treatment to all land users under city code. This alternative fails
to strike a balance between industrial and residential land use interests.
4. "Sunset Clause". Staff asked the city attorney whether such a clause
could be included as a condition in Mr. Schumacher's permit. Relating
back to the standards required by State law, the city attorney has advised
that such a provision would have to be spelled out in city code before it
could be imposed on Mr. Schumacher. Since Golden Valley has no such code
provision, it is not an option at this time.
e
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e
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e
FRIEDRICH METAL PRODUCTS CO., INC.
PO Box 14069
. Greensboro, NC 27415
6204 Technology Drive
Brown Summit, NC 27214
910-375-3067
FAU(:910-621-7901
~."""""""""""""""""..",,- -- - ----,- '-"''''
:~?~~~t~';~>~:- : ~:~ .:'_'::_::/:,>:1~~j{-,:~~ l!;. ::ZIJ,-
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EMISSIONS CONTROL DESCRIPTION
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@-- DEDICATED 3/4" CONDUIT (BY CUSTOMER) REQD. FROM CONNEOlON BOX TO CONTROL CABINET FOR 3 PH.
@-- 1 PH., 115 VAC, 15 AMP ELECTRIC SERVICE (BY CUSTOMER)
@-- 1" NPT GAS TRAIN INLET-PIPING (BY CUSTOMER) SIZED FOR GAS PRESS. & VOL. SPECIFIED
77"
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CAB SMOKEHOUSE GAS GAS
MODEL MODEL PRESSURE VOLUME
5511
CAB - 90 FMP - 1000 1/2 - 5 PSIG 100 - 970 SCFM*
CAB - 175 FMP - 2000 1/2 - 5 PSIG 200 - 970 SCFM*
CAB - 265 FMP - 3000 1/2 - 5 PSIG 300 - 970 SCFM
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PROBABLE SMOKEHOUSE MODEL, DEPENDING ON VOLUME OF ..
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NATURAL GAS SPECIRCATlONS
1 PSI=27" WC 1030 BTU/FT
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Gr- SUPPORT CHANNEL (2 PL.) BY F.M.P.
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,.. For detailed information, contact Friedrich at 910-375-3067 · Specifications sub;ect to change without notice.
~4,^'" ,..rH;'"II[lII5' ,
Coffee sme\l
is reduced in
Unden HiHs,
but air isn't
quite dear
Attachment # 8
By ('lllll:k IIngn
SlaffWriler
Diane Ilenne~ ~lel'IlCd frnl1ll)' An,k".<:t Snn~
rc~la\lmnl in Ihe Linden I I ill 0; neir.hl'lt,rhllod 1'1'
M inneal'l1li~ T\le!lday and I illed her no~e inlo a
Iighl ea~lerly hree7.e.
"1\ ~mells like caramel:' she said.
Thc fmgr:lI1ce _ nolln call il :111 nlh,r - !!rcw
!llronr.cr ao; Ilcnnes antllwl' I"ricnd!l walkctl
IlIward ("1,ITec.<:t Tea 1.111.. where a I"rc~h hnlch
l,fS\l11lnlmn wn~ r",'!llin!! hchillll a t1i~I,lay
willtlow. "Illlrnl l:nrnl1lel." "I1l'I,l'Ihe fricnd~
said, h\ll Ih.'" <'1.,1 !Illl\l!;hl il nice.
"" didn't htllher'
. llenncs s."\id.
.~. .' ;
I h,lf l\ ycar :lgo, i\ nUl!hl ha\'c. Nnw J ill1 Ollie
11:IS lI1'l"nl :I\le'\l1 540,Onn II' inc;\.,11 ~"n1\' high-
lech r,:ldrel ry called a Snll'r. I"'!! 10 r.Ic:ln mosl
IIflhe smoke and odor fn1l1' Ihe eltolic coffec
bcans he roasls al his Unden Hill'l ~hl'I'. lie
sells Ihe eoff\.'C Ihere :lnd:ll ~ill o:her ("offcc &
Tea slml's in Ihe Twin,)'iliCS :lnd Itm:heslcr.
"We're going 10 h:1\"e an ol'en hOllse !II' Ilcol'1l-
can sec Ihe eqnil'menl:' he said. "Wc're really
tlnile I'n1nd ofil."
nnllhe Unden 11 i1Is eonee Will'S may 111'1 he
over.
The lI1an who lirsl r:li~ed a o;link lweI' ('I'ne'~
fIla!ll ing :lsk~ if"henign neglecl" 111' 1.I,ning laws
i!ln'l Ihrealeninr.lhe neighbt,rhnnd'!I ~Olll.
;,1l11wing a business cltp:lnsilln beyond-wlle"\"s
hcalt hy.
\ ,'.
"I~
e1
""111 nlll nr.ain~1 llny l,flhc,,~'hll~inc~l"'C;
intlh'ilhl:lllv," lIaid Alan Sall/.11l:l". "UIII Ihere
i5 a I ran5il iill' I l,k in", place hcre. A nd as that
tr:"'!lit ion occnr~. arc wc dri\'inl! away some of
Ihe Ihinr.~ Ihal a\lfacled \I~ II' Ihis
neighborhood in I he lirsllllacc'?"
III
;talf Photo by Mike Zerby
Narren Wlnden visited Coffee" Tea Ltd. In Linden Hills to ask owner Jim Cone about a
tneellll order. Smells near the shoO heve been reduced. but zonlna concerns perslsL
('offee & Tca Ltd. has been on W. 4~rd SI.
since 1919. t,ffering specialty coffeell. leas and
equil'mcnl for connoisseurll lOllg before Ihe
coffee shop phenomenon hit the Twin Cities.
Some oflhe real specialty stuff sells for more
Ihan $20 a pound. One hatch, which cuslomers
asked Cone 10 order from Ihe Indonesian
island of Kopi. will sell for $125 a pl"",d.
"lI's in nw safe." he said.
In March. following coml'lainlll from some
ncighbtlfhOOd residenls Ilml Cone's husinCSS
was pollul ing and olherwille violal in@. zon;n@.
slandards. cily inspectors dcdared Ihe roaslin;
equipment a fire and safelY hazard and
ordered it tumed off.
e
,",uurlli:ll Continued from I?age III
j
:City Council Member Steve M inn,
'whdse 13th Ward includes Linden
: Hills. faulted Cone for not reacting
quickly enough to neighbors'
complaints and inspectors' tags.
Cone "hasn't made a deadline yet,"
Minn said in March.
Tltis week, Minn put out a news
rclellse to celebrate the Smog Hog.
"In many resp'ects, this is an
en~ironmental succeSl; story," he
saM. "A small business did what
was'tight for its neighbors, and it
int'roduced a new environmental
tecliitology with potential for a wide
range of commercial and industrial
applications throughout the city."
Cone's roasters, potbellied 1910
models, work behind a front
window, where customers and
paAsersby often tarry to watch.
Cotie fires the roasters to 400
degrees or so, bringing green beans
to deep brown in 12 to 15 minutes.
"We like to show our customers
wha~ we do," he said. "And the kids
.Iike'to watch the roasters go
;'round."
:TliC'Smog Hog, which Cone said
'fiIttrs more than 90 percent ofthe
.smdke and odor particles from air
:used in the roasting process, came
'on line in July. Neighbors say it's
made a ~ig difference. I
I
\;
") definitely don't smell it like I did
a year ago," said Elliot Stavrum, the
manager at D'Amico's.
Cone said he'~ had a few complaints
-:- that the old odor is gone.
"We've heard from a lot of people
who miss it," hesaid.
"tJnfortunall'ly, it's like missing the
hees in winter. You just can't have
them."
8ul as Cone roasted coffee by the
IOO-pound sac.k fordistrihution to
his seven shops. the smell thaI
Saltzman gol in his back-yard apple
orchard lasl year was not the wispy
aroma descrihed hy Cone's
defenders. It was "repugnant" and
often drove him indoors.
He said Ihis week Ihat he would
rather not discuss individual
businesses in the Lindcn llills area.
Earlier commenls on t he coffee
roasling hrought him ridicule and
. abuse, he said. One local TV news
anchor, smiling and shaking his
head after a bricfreport on the
dispute, allowed as how he often
drove into the neighhorhood ,iust to
catch a whilT ofthecoffee roasting.
"I'm made to look the fool because
I'm the guy who lives close to it,"
Saltzman said. "There were
ohnoxious phone calls: 'Vou're
making a hig fuss about s9mcbody
making a little coffee?'
"Bul roasling is not brewing."
And the real issue is zoning, he said
- Linden H ills is zoned for
residential and retail uses, and the
roast ing of bulk coffee for
distribution to halfa d07.cn shops is
more approllriate to a light
industrial zone.
Business in Linden Hills generally is
evolving to heavier uses that draw
customers from wider areas,
Saltzman said. That drives up
propertr values, expands
competition for space and
ult imately drives out smaller, more
neighborhood-sized businesses.
'" suppose all ofthat sounds pretty
silly to someone who lives in II
neighborhood where [property]
values are declining and people are
getting shot," he said. "But the
(Iuestion is, what kind of
neighborhood do we want this to
be?
"What bothers me the most about
this situation is it didn't come
ahout hy people in the
ncighhorhood deciding whal they
wanl, but hy bcnign neglect by
zoning authorities. . . and that
forces people intoconnicts."
.
M inn was not available Tuesdav to
discuss whether the amount of .
coffee roasting done at Coffee &
Tea LId. rcmains an issue.
Cone roasls his own coffee because
he can guarantee the freshness and
qualily, he said, and give it a
distinctive navor. A roaster uses
time,tcmpcrature and an eye for
color to bring coffee to its peak.
"Vou change the chef, you change
the food," he said.
His busincss fcll off during his
struggle with City Hall, especially
after allcgations - disputed by
state and private investigators-
thaI his Linden Hills store had pest
problcms, too. Whilc his roasters
were shut down, hc bought time al
competitors'roastcrs.
"Wc're very lucky to have survived
Ihis," hesaid. '" think it's
important we haven't just pickcd up
and gone to the suburbs to roast our
coffec. That would have hcen a
much more economical situation
for us.
"But ifvou ha\'c a mix ofhusincss
and rcsidenlinl [property). as we
have here. both sides have to work
togethcrso it's a good business
environment and a good place to
live."
- - --- -~ ~- -- - -
Star Tribune
. Wednesday
~~ September 13/1995 1 B
~ ff Please read and recycle e
.
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7rieJric:/a METAL PROOUCTS CO., INC.
P.O. Box 14069
Greensboro. North Carolina 27415
Telephone (910) 375-3067
FAX (910) 621-7901
March 31, 1995
Mr. John Sch~acher
Schumacher Wholesale Meats
1114 Zane Ave. N.
Golden Valley, MN 55422
Dear Mr. Schumacher:
Enclosed is the report we discussed. Please let me know if we can provide any
other information for you.
e Sincerely,
(jbh~~: t ~7(~~
Laura Friedrich-Bargebuhr
e
Attachment # 9
e
December 18. 1989
Page 2
I. TEST PURPOSE AND REGULATED SUBSTANCES
The purpose fOl" this ail" qual i ty testing is to establish
a basic air quality efficiency rating with the FMP Catalytic
Smoke Extractor unit. This unit is a prototype built by
Friedrich Metal ?roducts of Greensboro, NC. The test program
was designed to monitor regulated air emissions and compare
these pollutant rates to the federal limits imposed on
stationary source emitters. The information gained through
these tests will enable Friedrich Metal Products and their
clients to design, install and use this type of equipment in
their smokehouses to best minimize air pol1utiqn that occurs
from the smoking process.
The pollutant discharges monitored were the ones
established by the Clean Air Act of 1972 and. its subsequent
modifications. Currently there exists six (6) priority
pollutants that are regulated by the National Ambient Air
Quality Standar~. These are: sulfur dioxide, suspended
particulates, carbon monoxide, ozone, nitrogen dioxide and
lead. The method for monitoring ambient air for these
pollutants is to sample from outside the premises on which
the source of emission is located. This allows for some
dilution of the exhausted air prior to its leaving the
boundal"y lines at the prOpel"ty site.
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The tests conducted allowed for no air dilution of
contaminates. Instead the tests were set up for the worst
possible case scenario. Unprocessed smoke was directed
through the FMP Catalytic Smoke Extractor directly from the
smoke generating unit. All tests were conducted with no
dilution provided by either forced or clean ambient air
ventilation. The smoke generated was from the incomplete
combustion of hickory wood chips fired by a natural gas
burner. Negative pressure from a duct fan lifted the smoke
fl"om the combus t i on chambel' and di l"eC ted it through due ts
in to the ca ta l.y tic smoke extl'ac tor uni t. Vari OLIS
combinations of woods are used in the smoke generator by
other processors to enhance their desired flavors and aromas.
The use of tlHJ5e woods should also ~l'ield l'esu1 ts very simila.r
to the da ta genel'a ted fl'om the hi ckory wood smoke system.
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L1vccmL,vl' 18, 1 !J8:.J
Pago 3
I I. DESCRIPTION AND SET UP OF MONITORING EQUIPMENT
Tho FMJl Ce.dc.dytic SlIluko l::xtrdctol" ullit and the FMP Smol<.o
G"ulJOl'atul' unit (t1:; ::;'}li...l\I'l! ill diagl'i;l/l/ 1) wel'o modified fOl'
attachmont~ of l0:;tin~ uyuipmunL in tho inflow dnd exhaust
duct wOl'k. l{o oth.:Jl' IIH..difice1.tions 11'/,)1'0 OIeJde to tIlls system.
Thi::; syst,)m was set up to 1'1:)(;01\"0 direct frolll the smoke
gelJUl'U tOI' 100% of tho :;l1IQku mude bJ' tiJe incompl e te combus t i on
of hickol',v wood chip:;. The 4 illdl diameter smoke generatol'
due twas cen tel'ed and sligh t l,v inser ted in to the 8 inch
diameter duct ail' intake for the smoke extractor unit, Room
ai I' a t a tempel'a ture of 65 degF was in troduced to both the
generator and extractor by the negative pressures created by
blower fans within these units.
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Sampling POI'ts fOl' moni tOl'ing equipment were mounted on
the due t work, These ports al'e of stainless steel tubing and
were at 2 diameters (16 inches) from the unit's base.
perpendicular to air flow and at .7 diameters (6 inches) from
the duct's center. Two of these 3/16 inch diameter ports
were ins tall ad on the ulli t . s in take due t. The same par t
arrangement was installed on the unit's exhaust duct work.
The oxllaust duct was 12 inche!J in diametel', tllel'et'ol'e. the
ports were placed at 24 inches from the discharge port on the
uni t p(::J'pend i cul aI' to ai I' flow and appro;~ima ta ls-" 9 inches
from duct's center.
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Tho upol'ati"ll pcll'tllllOLel':'; of both tho FMI' Smoke Gonerato]'
alId tho FJfP Caldl.~.tic Smoko E....Ll.actOl' units were set and
reml'lillud COllstant durin~ Lho ontil'o test pel'iod. It was
noted that the smoke Ostl.ltctOI' was up to its operating
tt::mpol"a tur~ of 750 Jo,:;:F b.:.:fr:..'ct:.l the snlok'"J gellc:l"!:l tOl' begall
producing and dalivcring hea'~ visible smoke to the ullit.
Operatio/H:d It'arm up timl:) fOl' tlJ~ smoke ",xtl'actol' is 10 to 12
mil1utt:):;'''' Opt.illlllm smoke gVll('rat.ioll i'rom the stlloJ(e generator
"e::'; ;'(;,~j(:hvd in 18 to 2V minute::;. Wood smoke entering the
Sfl/tlku ,;:....il'.:'tCl;;:./. l11Ctinlc1il10d d constant tempel'dtUl'O 01' 105 deg,r:
and ,",,:1 0..: j i." (.'1' 1.;; ClI l' t ....mi n, dUl'i 128" the 8 hOUl' fl'i al I'WL
E.dH:II.I:;i biJ:'; \',:l,,(;i t.," l'CUIli:liIWd Cl t 15'i eu ft/mill t:1nd the
t"'flJJ.ll.:l'l:lilll',; dt tile :"wlIplillg pl.)rts d C/,.'llS'tant930 degF. I"l1is
samplillg POI't area is 8pproxitll{::dely 3 feet clbo\.'o tho
,-'atcl1,l:tic bod Wilel'~ the:: stllok", pBl'ticulaLa e:ctl'actioll OCCUI'S.
Continued ductwork can bo 1'11/2 thl'ough the c",ilil1g fOl'
C-.\lU:Hlilti/ls;" illt..") Lhu .cJtmo:J['iHll'O. 1'1:1s will aid in 10IVc1'1llg
th<.: [illal l:).dJ/:Ju:.;L tUlIlJ.)()l'ull.ll'U:';.
.
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December 18. 1989
Page 4
The monitoring equipment used was chosen to give quick
quantitative and qualitative measurements on air releases,
The testing procedure was designed to monitor the input and
exhaus ted poll u tan ts simul taneou~:dy. The dec tOl' tubes aloe
direct reading and generally are sensitive to +/- 25% actual
pollutant concentration, Other air sampling devices and
laborator~ analysis should be used to obtain increased
analytical accur-ac,t.>' if requil'ed for equipment cel'tification.
Ail' flows and volume of smoke generated for measurement
l'emained constant during the entil'e test period. The
equipment was opel'ational for eight consecutive hours. This
test was designed to meaSUl'e the removal of smoke and
emissions from maximum volume of generated smoke induced into
the FMP Ca talyti c Smoke Extl'ac tor.
Air monitoring equipment used:
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2
DuPon~ Alpha 1, high flow air sampler
2 -
Sensidyne Gastec 800, direct reading tube sampler
2 -
High temperature hot probe for Gastec 800
1 -
Omega-Flo HH615 temperature &; air veloci ty metel'
't.'
.1. -
Sensidyne Gastec direct reading dector tubes
(selected for its various chemical and physical
properties and sensitivity)
x -
SKC 37 mm cassettes / 5um PVC filtel's (pl'e weighed)
x -
Tygon tubing 3/16 inch ID
x
Calibl'atillg. measul'ing and timing equipment
,411 m......lli tOl'ing equipmeni. Iras c.:alibl'ated on--site pl.-iol' tr..'
s tal' t up of t os t . Equi paWlJ t WdS dlecked dUl'ing the tes t l'un~
to insure against erroneous data due to loss of calibration.
Questiollable data POilltS. although listed. wel'e isolated (l'om _
the aVl31'aging 01' l'esul ts. Please l'efel' to Diagl'am 1 fOl' _
placement of monitoring equipmellt for air emission testing on
the smoke extractor unit. .
.
.
.
.
December 18, 1989
Page 13
IV. TEST RESULTS AND CONCLUSIONS
The results of experimental data collected on November
29, 1989 is presented in sections. The first section shows
the catalytic smoke extractor's operating efficiency under
controlled test conditions. The second section compares
pollutant emissions to the NC Ambient Air Quality standards.
OPERATING EFFICIENCIES:
(arithmetic averagesl
POLLUTANT
INPUT
EXHAUST % CHANGE
------- -------
Particulates
632.27 mg/m3
11.96 mg/m3 98.2 reduction
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Carbon Dioxide
.626%
1.008%
37.8 increase
Carbon Monoxide 1200 ppm
15.0 ppm
800 reduction
Sulfur Dioxide 2.3 ppm
< 1 ppm
130 reduction
Nitrogen Dioxide 3.41 ppm
.65 ppm
550 reduction
Nitrogen Oxides
trace
18.33 ppm
18X increase
Ozone
ND
ND
Wa t er Vapor
>1%
> 1%
REGULATED POLLUTANT EMISSIONS:
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POLLUTANT 8 HR RESULTS LIMITS 24 HR AVERAGE
--------- ------ ------- -------
Particulates 11.96 mg/m3 75 mg/m3 3.99 mg/m3
Carbon Monoxide 15. 0 ppm 9 ppm (8 hr. ) 5.0 ppm
Sui fUl' Di o.'d de < 1 ppm .03 ppm <.3 ppm
Nitrogen Dioxide .65 ppm .05 ppm .22 ppm
Ozone ND .12 ppm ND
.
.
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December 18. 1989
Page 14
V. CLOSING STATEMENTS
1'he ai I' emi t;;S i ou:;; t os t pI'ofol'mod on the FMP Ca talyt i c
SmoKe Extrac tOl' sholYed the uni t . s efficiency in removing
and reducing particulates dIld pollutant levels. The test was
designed to moai tOl' the WOl'St opel'a ting set tings to which the
extractor unit could be subjected. The values obtained under
these conditions show that the engineering and design of this
unit does significaIltly contribute to the removal of toxic
air pollutants.
The 98.2 % efficienc,v i'ates of visible and suspended
solids pal,ticulate l'emoval is extl'emel.v high for the
operating conditions established. The unit discharged
particulate emissions at 1/6 the allowable particulate level
of 75 mg/m3. while processing incoming smoke at 8 1/2 times
greater than this value, This efficiency is also
substantiated in the reduction of carbon monoxide (CO) values
as incomplete combustion is completed in the catalytic
extractor, The discharge values are 67% over the allowable
level but can be readily reduced by adjusting air flow rates
and dwell times in the e.."tractol' uni t, The test values of
nitrogen dioxide emissions are also high as compared to the
allowable ambient levels, These comparisons were on an
hourly basis of machine operation, the annualized levels of
total air emissions from the site would be even lower with
the inclusion of off time hours,
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These values would dl'OP significantl.v if the extl'actol'
unit was processing smoke that had been first passed through
the smokehouso operation. Again the intent was to collect
operating efficiencies on WOl'St condition for unit operation.
It is of my opinion continued tosting in an actual on-site
opel'ation will demonstl'ate oven gl'eatel' efficiencies in
pollutant reduction. Modifications can be made on site to
adjust ail' flow I'ates. tempel'atures. and dwell times l'lhich
will optimize the unit's efficiency. Further emissions
testing will aid clients in completing operating permits that
may be required by state or local air regulatory agencies.
If you have questions Bnd comments concerning this
repor t or if I ma.', be 01' fUl'thel' ser'l,'i ce. pi ease do no t
hesitate to call. Our number is (919) 869-3097,
SinC~l'elY~//~.';7 e
~,./... ,..~../&.tl/./A
- .t'",~:.':.',r.;/ '" /;7.'"./;(.:)' .'~?
-;-:/ James E.?'/Hus ted
./' .
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Nov. 19, 1995
Golden Valley Planning Commission
.City of Golden Valley
7800 Golden Valley Rd.
Golden Valley, MN. 55427
Dept. of Planning and Development
Re: Conditional Use Permit: Schumacher Wholesale Meats, Inc.
Unfortunately, we will be out of State and unable to attend the informal public hearing Nov. 27 to
consider John Schumacher's renewed request for a conditional use permit to allow cooking and
processing of food, namely pasties. We would like to go on record as being opposed to this permit.
We have been residents of Golden Valley at the same address since May of 1967 and were involved in
part of the five year battle required to get Feinbergs to discontinue processing meats in this same
building. The odors were so noxious that they permeated the whole area. When the builders were
roofing my house, the odors were so severe and nauseating that they had to quit working one day.
Feinbergs had tried many methods to treat the air, including scrubbing and incineration, but nothing
worked. Even on days when they.were not cooking, the sickening odors permeated houses and yards
throughout the 60 plus homes in the area. The Feinberg experience taught us that once a nuisance
exists in a neighaborhood, it is almost impossible to eliminate.
In Jan. of 1994 the Golden Valley City Council voted against a request of Schumacher Meats for a
conditional use permit to cook and process pasties. This followed a several month rally of Lindsey
neighbors to defeat such an application. Now we are again notified of a similar request from
Schumacher for a conditional use permit. How many times do neighbors have to go through the
time, energy and expense to defeat this matter before it is finally put to rest? Promises of special
filters and after burners are shallow, as odor controlling technology has not improved that much.
Defining defensive odors is subjective and Golden Valley authorities would be challenged in trying to
measure, discipline and enforce odor violations.
Mr. Schumacher uses the reasoning that he pays high taxes and should be granted the privilege of
this variance. The 60 plus home owners in the Lindsey Addition also pay high taxes and we do not
wish to have the adverse effect of meat processing threaten our home values.
Again we wish to express our strong opposition to granting the conditional use permit to Schumacher
Meats. We request your support in denying this permit.
(1y]~
/).~1J~
D. Carol Halloran
5735 Golden Valley Rd.
Golden Valley, MN. 55422
AA-"-~w A'." V.~.~&~n~~~
~1t".I,IIIII'I'I:~"tl 'UJ~'M,
.::.:.,',' ,~~i(jlli~<ti~RlcaTER,
.' '.' .: .-3.......;.. ...... :'.-. '. . ,'.': -. _ '_ '., S . .J
, .,' P:RO'P,'E.R T,I"E
S90s00LDENVAuBYROAn...MINNEAPOlJS. MN SS422
. '.. . '1 : ~ ~ ,'" I ..... .~. '., '. . .
JORNT. RlClt'l'm(,. 612-546-3314
. .'.., '612.546-3973 (FAX)
lU=:><:tCl ..:J;:J'..:J
.....101
Fax Cover Sheet
DATE: 111211G16
.
TO: M oy\::: 6vlmGO
TIME:
.
FROM: \roht\ t{\chtev
PHONE:
FAX: 5
PHONE: q 3 "'!/O~
FAX:
RE:
Number of pages inclUding cover sheet: CD
Message
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This fax is to coDfum our phone caB from this morning. 1 am in mvor of Schumacher
Meats recent request.
Many years ago Lindsey was going to have a center for Wm machinery. He changed his
mind and opted for an industiral area. The neighbors said they would need a road and low
cost land for hou.~s to be built for less. The land sold for 1/3 less than what the industrial
land around it cost. This way the people would get a buy and put up witb a little industry
next door.
You can confirm this by checking the tax statements.
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