07-11-94 PC Agenda
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AGE N D A
GOLDEN VALLEY PLANNING COMMISSION
Regular Meeting
Golden Valley City Hall
7800 Golden Valley Road
Council Chambers
July 11, 1994
7:00 PM
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Applicant:
Address:
The Ackerberg Group
8901 Wayzata Blvd., Golden Valley, Minnesota
To use the building as a trade school/training program by
Intermediate District 287, Hennepin County Technical
College
I. APPROVAL OF MINUTES - June 27, 1994
II. INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT
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Request:
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III. INFORMAL PUBLIC HEARING - AMENDMENTS TO SECTION 11.90,SUBD. 4
BOARD OF ZONING APPEALS (BZA), CITY OF
GOLDEN VALLEY, APPLICANT
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IV. REPORTS ON MEETINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY,
CITY COUNCIL AND BOARD OF ZONING APPEALS
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V. OTHER BUSINESS
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VI. ADJOURNMENT
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ThePl anning COmmfs sri 00 ,is all advisory body, cteatediito advise the
on,land use. TheCoi11mission willrecoll111end >Counci,la:pproval or dehi,af of'a
land useproposalba~edupon theCormiission 's deternrfnation of whether the pro+'
posed use, is, permitted under the Zoning Code and the~omprehensive Plan~' and
whether the proposed use will, or will not. adversely affect the surroundipg
neighborhood. ',', ' , ,
The Commission holds informal publ fchearings on lal1cfuse,Pl"oposalsto e'nabte
you to learn, ,first-hand, what such proposals are, and to permit you to ,ask
questions and offer ,cOlrments. Your questions and corrments, become part of the
record and will be used bytheCounci 1. a10ng with the Commission's retommenda~
tion. in reaching itsdec1sion.
To aid in your undet'$tanding and to faci lHate your cbmrnen,ts
Cotnmiss ion will utpi'ze the following procedure: i
1. The COrmllssion Chair wi l1fntroducethe proposal~ndthe recommenda-
tionfrom staff .,Conmiss ion mempers may ask questions of ,staff .
2. TheproponentwHldescribe the proposal and ans.wer any questions
from the CommissIon.. ., ,
3. The Chalr wfll open .the public hearing, asking first for those who
wish to speak toso<indicate by raiSing their hanus. The Chair may
set a Ume Hmitfor.. individual questtons/comment~if a large number
of persons havefndicated a desire to speak. Spokespersons for
groups wi 11 have a longer perf,od of timefbr,questions/comments.
4. Please give your..,full.name and address clearly,wh~nrecognizedby tht!
Chair. Remember. your questions/corrmentsa,re>for: the record.
PLANNING COMMISSION GUlDELINESFORPQBLICINPUT
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5. Direct your que$U.onslcormtentsto the Chair. The'Chairwil1 det~r-'
mine who willan~wf!r your questions.
No one will be given. the opportunity to speak a second time until
everyone has had<theopportunfty to speak initialJY.. Please limit
your second presentation to new information. not rebuttal.
7. At the close of the, pubHc hearing. the Commission will discuss
proposal and take appropriate action.
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MINUTES OF THE GOLDEN VALLEY
PLANNING COMMISSION
June 27, 1994
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 McAleese at 7:05 PM.
Those present were Commissioners Groger, Johnson, Kapsner, Lewis, McAleese, and
Pentel; absent was Prazak. Also present were Mark Grimes, Director of Planning
and Development, Beth Knoblauch, City Planner and Mary Dold, Secretary.
I. Approval of Minutes - June 13, 1994
MOVED by Pentel, seconded by Johnson and motion carried unanimously to approve
the June 13, 1994 minutes as submitted.
II. Joint Meeting - Planning Commission/Open Space and Rec Commission
The two commissions and representatives (Bob Wicklund, Del Miller and Don King)
from the Henn~pin County Park Board introduced themselves.
Mr. King presented maps of the areas where the biking trail would follow.
Paula Pentel, Planning Commissioner, asked if the Park Board considered running
the bike trail along the river in Minneapolis. Mr. King said there was a good
connection between Wirth Park and the lake system. Mr. King also talked about
safety considerations and liability criteria.
City Planner, Beth Knoblauch, told the Park Board members that a senior citizen
was struck by a bike recently and there is some concern about existing bike
traffic along the Calvary side (east) of the road on Rhode Island Avenue.
A brief discussion took place concerning the bike trail along the golf course
on Golden Valley Road. A member from the Golden Valley Country Club was present
at this meeting.
The representatives from the Park Board asked the commissions to make a recom-
mendation to the City Council to approve proceeding with the bike trail system
through Golden Valley so the County may acquire right-of-way.
III. Informal Public Hearing - P.U.D. No. 56, Golden Valley Shopping Center
Applicant:
Address:
Trach Properties
7901 Golden Valley Road, 505 Winnetka Avenue, 7860-8040,
8200 and 8224 Olson Memorial Highway, Golden Valley,
Minnesota
Request:
To legalize certain nonconforming aspects of the existing
shopping center including more than one building on the
lot.
Minutes of the Golden Valley Planning Commission
June 27, 1994
Page Two
4It Mark Grimes, Director of Planning and Development, reviewed his report with the
Commission for the requested P.U.D. and commented that by creating this P.U.D.
the Trach property would become a legal use. Mr. Grimes talked about the
Winnetka Avenue widening, which spurred the P.U.D. application. Also discussed
was the access onto Wisconsin Avenue (which is now closed) and signage. An
inventory of the signage on the property will be undertaken. Mr. Grimes stated
that the plat should show the easement or dedication to MnDOT along Hwy. 55.
The commission and staff discussed how specific should the P.U.D. Permit read
regarding uses on the property -- the concern being parking. If a big use
rented a portion of the property, such as a restaurant, would parking become an
issue.
Commissioner Groger asked about a condition of the P.U.D. -- if Mr. Trach would
be able to rebuild in case the building was demolished. Mr. Groger also asked
if the P.U.D. could be terminated. Mr. Grimes said that Mr. Trach would be able
to rebuild in case of destruction to the property and that the P.U.D. could only
be terminated if the Permit was violated.
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Dave Trach, Trach Properties and owner of the Golden Valley Shopping Center was
present to answer questions. He commented on his concern about the extension of
Golden Valley Road and Wisconsin Avenue and having appropriate signage at that
point and would want a sign monument to show access.
Chair McAleese opened the informal public hearing; seeing and hearing no one
Chair McAleese closed the informal public hearing.
MOVED by Lewis, seconded by Kapsner and motion carried unanimously to recommend
to the City Council approval of the application for P.U.D. No. 65, Golden Valley
Shopping Center, along with the five recommendations listed in the staff report.
The commission asked staff to reword recommendation No.5 to be included in the
Permit.
IV. Informal Public Hearing - Amendment to Comprehensive Plan Land Use Map
Applicant:
Address:
KQRS, Inc. and City of Golden Valley
825 No. Lilac Drive (Carson Property)
Golden Valley, Minnesota
Amend the property located at 825 No. Lilac Drive from
Residential to Industrial Use
Request:
Beth Knoblauch, City Planner, gave a brief summary of her report commenting that
the commission, after some discussion this evening, may want to amend only a
portion of the property at 825 No. Lilac Drive. She also stated that amending
the Comprehensive Plan Land Use Map does not affect the current residential use
of the property -- it is not the same thing as a rezoning.
4It Ms. Knoblauch also responded to a Commissioner1s previous concern of viability
of the property if a piece is carved out for KQRS. This concern arises with the
issue of the remaining lot becoming irregular and potential taking of additional
right-of-way for Hwy. 100.
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Minutes of the Golden Valley Planning Commission
June 27, 1994
Page Three
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Ms. Knoblauch talked about the various options, the adjacent uses, parcel size
and shape.
Commissioner Kapsner commented that he did not see a problem with rezoning the
northwest corner of Mr. Carson's property because both Mr. Carson and KQRS are
in agreement with the use of this portion of property.
Chair McAleese opened the informal public hearing.
John Carson, 825 No. Lilac Drive, commented that he did not want his property
rezoned from residential to industrial. Ms. Knoblauch assured Mr. Carson that
the property is not going to be rezoned at this time. She continued by saying
that this issue was for future consideration of the property.
Mark Steinmetz, General Manager of KQRS, told the commission that he had talked
with all the neighbors regarding their request. He and Mr. Fergen, 5537
Lindsay, did talk and Mr. Steinmetz agreed to have additional landscaping placed
along the parking area to the south of Mr. Fergen's property.
Chair McAleese closed the informal pUblic hearing.
Chair McAleese commented he believes the highest and best long term use of the
property would not be Industrial but Business and Professional Office.
Commissioners Pentel and Johnson both agreed that City Planner Knoblauch's
recommendation "A" of her staff report would be the best option. nAil states,
The land desired for rezoning and use by KQRS is too small to raise any
questions of consistency with the Comprehensive Plan Map, and therefore no plan
amendment is necessary in order for KQRS to proceed with its other applications.
MOVED by Pentel, seconded by Johnson and motion carried unanimously to recommend
to the City Council to take no action at this time to amend the Comprehensive
Plan Land Use Map for the property located at 825 No. Lilac Drive from
Residential to Industrial use.
The Commission agreed that this issue should be looked at again when the
commission begins review of the Comprehensive Plan.
V. Informal Public Hearing - Continued - Preliminary Plat
Applicant:
Address:
KQRS, Inc.
Request:
825 and 917 No. Lilac Drive, Golden Valley, Minnesota
Subdivide the property into two new separate lots for the
purpose of expanding the building and parking area
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Minutes of the Golden Valley Planning Commission
June 27, 1994
Page Four
VI. Informal Public Hearing - Continued - Rezoning
Applicant:
Address:
KQRS, Inc.
825 and 917 No. Lilac Drive, Golden Valley, Minnesota
Rezone a portion of the property located at 825 No. Lilac
Drive from Open Development to the Radio and Television
Zoning District in order that a parking lot and garage
can be built for use by KQRS, Inc.
Chair McAleese commented that at the last meeting comments were taken from
staff, the representatives for KQRS and the public. It was the consensus of the
commission to reopen the informal public hearing due to a person attending that
was not in attendance on the 13th of June. No persons came forward. Chair
McAleese closed the informal public hearing.
Request:
Commissioner Pentel commented favorably on the City Planner1s research and
report entitled IISupplementary Report on the History of the KQRS Radio Station
Propertyll. Commissioner Pental and Ms. Knoblauch talked about the absence of a
variance for the rear north parking lot.
Mark Steinmetz, General Manager of KQRS, commented that when the last variance
was granted, the station had no idea that it would be buying another station.
This has caused a hardship because of the number of employees needed for the two
stations and the need for additional parking. The parent company was able to
buy another station due to regulation changes.
Commissioner Pentel asked what could be done about the parking area and Chair
McAleese said the City should require KQRS to apply for a variance.
Chair McAleese also commented that he is reluctant to vote for an addition to
a parcel that doesn1t meet City requirements. He is troubled with adding to a
TV and Radio district and feels an office should be part of the Business and
Professional Office District and towers in the TV and Radio District.
Commission Groger said he was torn on the decision to vote in favor of the
rezoning because of the intense use of the property and he is bothered by taking
a corner out of a piece of property. He does feel that KQRS has been a good
member of the community.
MOVED by Johnson, seconded by Lewis and motion carried by a vote of 5 to 1 to
recommend to the City Council to rezone a portion of the property located at 825
No. Lilac Drive from Open Development to the Radio and Television Zoning
District in order that a parking lot and garage can be built for use by KQRS,
Inc.
MOVED by Johnson, seconded by Kapsner and motion carried by a vote of 5 to 1 to
recommend to the City Council approval to subdi vi de the property located at
825/917 No. Lilac Drive into two new separate lots for the purpose of expanding
the building and parking area.
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Minutes of the Golden Valley Planning Commission
June 27, 1994
Page Five
VII. Review of Oasis Mental Health Pro ram - Annual Re ort
The Co ission briefly commented on the Annual Report.
on the meetings he attended.
IX. O~her Business
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Chair Mdl\leese asked the commission to make a motion regarding the recommenda-
tion to the City Council for the Hennepin Park's trail system.
MOVED BY Pentel, seconded by Lewis and motion carried unanimously to recommend
concept ,approval by the City Council so that the Hennepin Park System can begin
negotiations to acquire right-of-way for a bike trail through Golden Valley.
Chair McAleese commented that when the Comprehensive Plan is updated to add the
bike trail system.
X. Adjournment
Chair McAleese adjourned the meeting at 9:50 PM.
Jean Lewis, Secretary
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M E M 0 RAN DUM
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DATE:
TO:
FROM:
SUBJECT:
July 8, 1994
Golddn Valley Planning Commission
Mark W. Grimes, Director of Planning and Development
INFORMAL PUBLIC HEARING -- CONDITIONAL USE PERMIT (C.U.P.) FOR
TRADE/TRAINING CENTER SCHOOL AT 8901 WAYZATA BOULEVARD FOR
INTERMEDIATE DISTRICT 287, HENNEPIN TECHNICAL COLLEGE, THE
ACKERBERG GROUP, APPLICANT
The Ackerb~rg Group, owner of the building at 8901 Wayzata Blvd., has applied
for a C.U.Pt. to permit the building to be leased to Intermediate District 287 as
a vocation 1 school for students age 16-21 who are handicapped by emotional/
/behavoral disorders. This property is in the far southwest corner of Golden
Valley in n area zoned Industrial. The site has car dealers on two sides and
1-394 to t~e north. The site has most recently been used by a manufacturer of
jewel ry. I
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A trade school or training center is considered a conditional use in the
Industrial Zoning District. A trade school or training center is defined in
the Zoning Code as the following:
~ A place where education or instruction is regularly provided to groups of
persons aged 16 or older in areas including but not necessarily limited to
the fol~owing types of occupations: assembly or production, business or
clerica~, computers, cosmetology or hair styling, electronics or mechanics,
real es~ate or skilled crafts. Training in adult literacy, employment skills
or persr' nal improvement shall also be included.
The Zoning Code was amended in 1991 to allow for trade and training centers in
the Indust ial Zoning District. This amendment was made at the request of
Intermedia~e District 287 to permit a similar program to operate in an office
building 0 Florida Avenue. This program, for about 25 students, still operates
at the sit. Its operation has gone smoothly with no complaints being received
by the Cit .
This use now being proposed by Intermediate District 287 (which serves several
school districts in the area including Hopkins and St. Louis Park) is described
in the attached narrative description and letter.
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The plan i~ to use the entire 8,070 sq.ft. building for the school. The
Ackerberg roup and school have met with the City's Inspection Department to
work on th required improvements that are necessary for a school to occupy the
site. The e changes will have to be made prior to the school opening in
Septembe r .1
A floor pl~n and site plan have been submitted for review. The building will be
used for al school so it will have several classrooms and study areas. A lunch
room and r~creation room will also be provided. Lunches will be prepared off-
site and b!rought to the school.
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The Ackerberg Memo
July 8, 1994
Page Two
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On the site plan, there are 54 parking spaces shown. Twenty-seven (27) of those
spaces exist today. There is room for an additional 27 spaces on site. The
parking required for the trade/training school is one space for each student and
employee. Intermediate District 287 states that there will be a maximum of 50
students and staff on site. Therefore, 50 spaces are required. However, all
students will come to the site by bus. Only the staff will have cars.
Therefore, the applicant is asking that the 27 spaces, now to the rear of the
building, not be built at this time and that it only be built if the City deter-
mines there is such a need. The staff believes that this is a reasonable
request since this school is busing in the students. (This "proof of parking"
arrangement was also done at the Intermediate District 287 site on Florida
Avenue.)
The Ackerberg Group, owner of the building, would continue to lease the rear of
the lot to the Toyota dealership until it was determined that additional parking
was needed for the school. My recommendation would be that when additional
parking is needed for the school, the parking lot shall meet all City standards
(curb and gutter and paved). This arrangement between the owner of the building
and the Toyota dealer has gone on for a number of years. The lease to the
Toyota dealer is on a month to month basis so it can be terminated easily.
As described by District 287, the students will be 16-21 years of age with emo-
tional/behavoral disorders that makes it difficult to learn in a normal school
setting. I have talked to the directors at the school and they believe that ...
this type of alternative learning is necessary to get students trained for jobs ~.
and life skills. As noted by the District, they have operated this type of
school since 1982 in other locations in Hennepin County.
One concern may be the supervision of the young adults. I have been told that
the schools are well supervised with a low student/teacher ratio as compared to
a regular high school. The students must remain in the building and on-site
during the normal school hours of 7:30 AM to 1:45 PM. It is my understanding
that the school will operate year round.
As part of the review of a C.U.P., the Planning Commission must make findings
and recommendations on ten factors. Below are the factors and staff findings.
1. Demonstrated Need for the Use: District 287 has stated that there is a
need for this school in the area. I believe that alternative learning
programs are needed to help those that do not "fit in" with the standard
schooling.
2. Consistency with the Comprehensive Plan: Training of persons for jobs
and skilled crafts is consistent with the Industrial classification of
this area in the Plan.
3. Effect upon Property Values in the Area: This type of school use should
not have a negative effect on the property values in the area. The
school will be well supervised and maintained. The City's other
experience with a vocational school in the Industrial District has been e
positive.
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The Acker~erg Group Memo
July 8, 1994
Page Three
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4.
E~lfect of an Anticipated Traffic Generation from the Use on the Area -
The traffic t~ be generated from this site will be less than the pre-
vious user because students will come by bus and the school day is over
b~ 2 PM.
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E~fect on any Increases in Population and Density upon the Area - This
use will not increase the population or density of the area.
Increase in Noise Levels Caused by Use - The use will not increase noise
1 ~ve 1 s .
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Any Odors, Dust, Smoke, Gas or Vibration caused by Use - The school will
n~t cause any of the above problems.
Any Increase in Animal Pests by the Use - The proposed school will not
c~use any increase in pest problems.
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7.
8.
9.
Viisual Appearance of the Proposed Structure - The outside appearance of
the building and site will remain as is with the exception of sign
changes.
10. Any other Effect Upon the General Public Health, Safety, and Welfare of
the City and its Residents - The proposed school will not cause any
general public health, safety and welfare problems for the City or resi-
dents.
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Recommendation
Staff recommends approval of a C.U.P. to allow Intermediate School District 287
to operat~ a vocational school for students handicapped by emotional/behavoral
disorders.i The building and site appear to meet the needs of the school. These
types of ~ell supervised schools in industrial/office areas have not caused
problems ~o surrounding properties.
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The folloWing conditions should be made part of the permit:
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T~'e school be operated by ISO 287, Hennepin Technical College. The
p ogram will serve students between ages 16-21 with emotional/hehavoral
di sorders.
T~e total number of students and staff on site shall be limited to 50.
T~e owner of the building will construct an additional 27 parking spaces
o the site if it is determined additional parking is needed. This
d termination is at the sole discretion of the City of Golden Valley.
Alh other applicable City and State requirements shall be met.
2.
3.
4.
5. F4ilure to comply with one or more of the above conditions shall be
gnounds for revocation of the Conditional Use Permit.
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The Ackerberg Group Memo
July 8, 1994
Page Four
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Attachments: Location Map
Narrative
Certificate of Survey - Existing and Future Parking
Floor/Site Plan
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ACREAGE
FRANK R. CARDARELLE
(612) 941-3031
land Surveyor
Eden Prairie, MN 55344
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QttttifitaU et fDUtUtl?
Survey For The Ackerberq Group
Book 340 Page 76 File 6078
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k R. Cardarelle
State Reg. No. 6508
PARK ADDITION-REPLAT
29th March
$Ul\Ieyed by me I'" Clay 01
........... County. ..__ and l!le lacafton aI all buillll"9'
111~.
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M E M 0 RAN 0 U M
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DATE:
TO:
FROM:
SUBJECT:
July 8, 1994
Golden Valley Planning Commission
Mark W. Grimes, Director of Planning and Development
Informal Public Hearing -- Amendments to Section 11.90, Subd. 4
(Board of Zoning Appeals)
After consultation with the City Attorney, BZA and other City staff members, the
Planning staff is recommending changes to the section of the Zoning Code
outlining the duties and procedures for the BZA. These proposed changes are
generally "housekeeping" matters because it cleans up some of the language and
eliminates some of the duplication.
However, there are three changes that are to be added that are relatively
significant. They are outlined in a memo that I wrote the BZA dated June 8,
1994 (attached).
I am including a copy of Section 11.90, Subd. 4 indicating the revisions and
deletions.
Recommendation
Staff recommends the proposed changes to Section 11.90, Subd. 4 outlining the
power and procedures of the BZA.
MWG:mkd
Attachment: Memo to Board of Zoning Appeals dated June 8, 1994
Section 11.90, Subd. 4
BZA By-Laws
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M E M 0 RAN DUM
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DATE:
TO:
FROM:
SUBJECT:
June 8, 1994
Board of Zoning Appeals
Mark W. Grimes, Director of Planning and Development
PROPOSED AMENm~ENTS TO ZONING CODE REGARDING EXPANSION OF NON-
CONFORMING STRUCTURES
At the request of the BZA, City Planner Beth Knoblauch and I have drafted
several changes to Section 11.90 relating to the expansion of non-conforming
uses. I am enclosing the attached changes:
Change No.1: The first change is to bring the City into conformance with the
Metro Council's requirement to provide solar access to build-
ings. The change allows for the BZA to grant variances for
solar collectors when there is no reasonable alternative on the
property.
Change No.2: This change specifically states that if there has been a
variance granted, the variance is only for the specific con-
ditions outlined in the original variance approval. If there
are significant changes, the BZA would have to grant a new
variance.
Change No.3: This is the most significant change. This change states that if
after an initial variance has been granted, future building per-
mits for construction that is conforming may be granted without
an additional variance. There may be circumstances, however,
when an original variance has been granted with certain con-
ditions that may preclude or limit additional work done on the
structure.
It should be noted that this will only reduce the variance
requests when there has already been a variance granted due to a
non-conforming structure. If a house is non-conforming and a
conformi ng additi on is proposed but no previ ous vari ance has
been granted to make the structure legally non-conforming, a
variance to make the structure legally non-conforming will still
need to be granted.
MWG:mkd
Attachment
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Add to liB. Powers.1I (replace #3) p.295
To grant variances from height or setback restrictions in accordance with state
law for solar panels or other solar energy collectors, provided that the Board
determines that no reasonable alternative location can be provided within the
height or setback limits and that said panels or other collectors are the most
compact size and shap~ necessary to provide for the reasonable energy needs of
the immediate property. The petitioner may be required to provide or pay for an
engineering study.
Add to end of existing C.3 p.296
... Any modification of the plans prior to or during construction shall be cause
for the issuance of a stop order and the filing of a new petition for variance
if in the opinion of the Building Inspector such modification adversely affects
any aspect of the plans directly involved in the consideration and approval of
the earlier variance petition.
Replace eXisting C.4 p.296
A vari ance shall be affect i ve only to the extent of the exact ci rcumstances
contained in the petition therefor or as approved. Any sUbsequently proposed
property alteration that would impact the extent of an existing variance, either
through additional horizontal or vertical expansion or through such other form
of change as may be applicable, shall require a new petition for variance. A
proposed, fully conforming alteration to a property for which a past variance
was granted shall also require a new petition for variance if the official
records of the Board indicate that the current proposal adversely affects an
aspect of the property that served as full or parti al grounds for the earl i er
variance.
~ 11. 90
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Commission.s recommendation, the Council shall conduct an official
public hearing within sixty (60) days and make a decision thereon
within ninety (90) days.
Subd. 4. Board of Zoning Appeals. There is hereby
created a Board of Zoning Appeals which shall be organized, operated
and have certain powers, as follows:
A. Organization.
Source: Ordinance No. 583
Effective Date: 12-31-82
1. The Board of Zoning Appeals shall consist of
five members. All members of the Board shall serve a one-year term.
During the month of April the City Council shall appoint four of the
members and two alternate members. Either of the alternate members
may serve in the absence of anyone of the members appointed by the
Council. The Vice-Chairperson of the Planning Commission shall be the
fifth member of the Board, appointed each year at the annual meeting
of the Planning Commission. Any other member of the Planning
Commission may serve as an alternate member of the Board in the
absence of the Vice-Chairperson. The Board shall meet at least once a
month if there are any petitions pending for action.
Source: Ordinance No. 74, 2nd Series
Effective Date: 9-12-91
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2. At s~eh ffleAth1y ffleetiAgs the Beard shall eeA
dyet heariAgs ~ith res~eet te ~etitieAs theA ~efere it, aAd ~rier te
said ffleetiAgs the Beard shall gi1e at least teA (19) days. .lritteA
Aetiee te ~etitieAers aAd a~~ttiAg ~re~erty e',lAers ',lith res~eet te
~etitieAs that are te ~e heard at s~eh ffleetiAgs. AAY ~arty fflay a~~ear
at syeh heariAg, '"hether iA ~erseA er ~y ageAt er atterfley.
3. ~lithifl a reasefla~le tiffle felle~#iflg a heariflg,
the Beard shall fflake its ~rittefl 9rder deeidiflg the ~artie~lar fflatter
afld shall serve a ce~ et the saffle ~~efl the ~etitiefler BY de~esitiflg
the saffle ifl tAe blflited States fflai1, ~estage I9re~aid, te tAe last ItAe\JfI
address et tAe 1getitiefler, as sheWA efl the 1getitiefl.
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2. -4r The Board shall keep a written record of all
of its proceedings, including minutes of its meetings, its findings
and the action taken on each matter heard by it including its final
Order. The Board shall adopt such further rules for the conduct of
its proceedings as it shall deem necessary, including rules governing
the exact date of its meetings, the date by which petitions must be
filed t~'appear on the agenda of any particular meeting, provisions
for the conduct of the meeting including the matter of giving of oaths
to witnesses at the hearings, the manner in which evidence might be
presented at the hearings and provisions for the filing of written
briefs by the petitioner or other interested parties.
B. Powers. The Board of Zoning Appeals shall have the
following powers with respect to this Chapter:
GOLDEN VALLEY CC
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P
294
(11-1-91 )
~ 11.90
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Seypee: GreiRaRee Ne. 58J
Effeeti~e gate: 12 21 82
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~ To grant variances from height ~ setback restrictions
in accordance with state law for solar panels ~ other solar energy collec-
tors, provided that the Board determines that ~ reasonable alternative loca-
tion ~ be provided within the height ~ setback limits and that said panels
~ other collectors ~ the most compact size and shape necessary to provide
for the reasonable energy needs of the immeidate property. The petitioner may
be required to provide ~ ~ for ~ engineering study.
4. When either the City, Hennepin County or the State of
Minnesota creates or worsens a nonconforming setback or prevents or worsens
compliance with the applicable parking requirements by acquiring, a portion of
a lot for a public improvement, the lot owner shall be entitled as a matter of
right to obtain a variance for the nonconforming setback or parking condition
so created or worsened. This subparagraph shall apply only to acquisitions
taking place after June 1, 1992, and shall not apply to acquisitions taking
place in the normal course of the land subdivision (platting) process.
Nothing contained in this sub-paragraph shall be interpreted to lessen the
requirement for a traffic management plan contained in Section 11.56 of the
City Code.
Source: Ordinance No. 89, 2nd Series
Effective Date: 5-21-92
C. Procedure.
1. Appeals to the Board of Zoning Appeals may be taken by
an affected person upon filing of a petition form with the ZaRiRg
AemiRistratar designated staff liaison. Such petitions shall be heard at the
next regular monthly meeting of the Board of Zoning Appeals, provided that
such petitions must be received by the 9ivisiaR af ZaRiRg aRe IRspeetieR
Department of Planning and Development no later than twelve (12) working days
prior to the meeting date for which a hearing could be scheduled. Failure to
follow this procedure
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GOLDEN VALLEY CC
295
-94)
9 11. 90
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shall result in a delay of the hearing until the next regular meeting of the
Board of Zoning Appeals. Each petition shall be comprised of a Registerea LaAa
S~r~ey survey, prepared Bl a registered land surveyor licensed in the State of
Minnesota, locating all property lines, buildings, and streets along with a
completed petition form, provided by the City, and a filing fee as prescribed in
this Chapter. The ~etition form shall be completed in sufficient detail to
clearly demonstrate the variance applied for or the administrative act being
appealed therefor, and shall set forth the reasons and justification cited by
the petitioner as grounds for granting the petition.
2. The Board of Zoning Appeals shall give at least ten i!Ql
days written notice of the time, place of hearing and nature of the appeal to
the applicant and to all adjacent (abutting) property owners~ Any ~ may
appear at such hearing, whether in person or Bl agent or attorney. -rne-Board
~ shalT make its Order with respect to said appeal within seventy (70) days
from the date of the hearing thereon. Within thirty (30) days of the final
written Order of the Board any petitioner feeling aggrieved by the decision of
the Board may file a written appeal with the ZaAiAg AemiAistratar designated
staff liaison, thereby appealing the decision of the Board of Zoning Appeals to
the Council. Therefore the Council shall, within thirty (30) days from the date
of such appeal, make its findings and determination with respect to the appeal
and serve a written report thereof upon the appellant by United States Mail. If
no appeal is taken by the petitioner from the decision of the Board of Zoning
Appeals in the manner hereinabove provided, then the decision of the Board shall
be final.
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3. In those cases where the effect of the decision of the
Board of Zoning Appeals is to grant a variance, the permission or license to
perform the action authorized thereby shall lapse after the expiration of one
year following the date of service by mail of the Order granting the variance,
unless construction or other action is commenced within said one-year period in
accordance with the plans for which such variance was approved, or unless other-
wise specified in the Order granting the variance. Any modification of the
plans prior to ~ during construction shall be cause for the issuance of !-stop
order and the filing .Qf!-~ petition for variance if in the opinion of the
Building Inspector such modification adversely affects !nl aspect of the plans
directly involved in the conconsideration and approval of the earlier variance
petition.
Source: Ordinance No. 583
Effective Date: 12-31-82
1. ~ variaAee graAtea BY eitAer tAe Baare af ZaAiAg ~~~eals
ar tAe City Ca~Aeil sAall iary tAe City Caee aAly ta tAe exteAt Aeeessitatee
BY tAe a~~lieatiaA far ~ariaAee aAa tAe eaAsitiaAs ~ eire~mstaAees iA
existeAee at tAat time. If tAere is aAY eAaAge iA tAe eaAaitiaAs, eire~mstaAees
ar ~ra~asea eaAstr~ctiaA caAtem~latea at tAe ~ af tAe graAt af tAe 1ariaAee,
~e a',JAer sAa 11 a~~ ly far a Ae~i 'lari aAee. .".AY s~Bse€l~eAt eeAstp~et i aA ar
aetivity sAall re~~ire a Ae\~ ~ariaAee eveA tAe~gA a ~riar ~ariaAee af a similar
natare-had-been-granted-for-the-property.
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Source: Ordinance No. 74, 2nd Series
Effective Date: 9-12-91
GOLDEN VALLEY CC
295A
-94)
9 11.90
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~ A variance shall be affective only to the extent of
the exact circumstances contained in the petition therefor ~ !! approved.
Any subsequent property alteration that would impact the extent of !rr
existing variance, either through additional horizontal ~ vertical expan-
sion ~ through such other form of change !! may be applicable, shall
require !-~ petition for variance. A proposed, fully conforming altera-
tion to a property for which !-past variance ~ granted shall also require
!-new petition for variance if the official records of the Board indicate
that the current proposal adversely affects ~ aspect of the property that
served !! full ~ partial grounds for the earlier variance.
Subd. 5. Interpretation. In interpreting and applying the
provisions of this Chapter they shall be held to be the minimum require-
ments for the promotion of the public safety, health, convenience, comfort,
prosperity and general welfare. It is not the intention of this Chapter to
interfere with or abrogate or annul any easements between parties; pro-
vided, however, that where this Chapter imposes a greater restriction upon
the use of building or premises or upon height of building or require
larger open spaces than are imposed or required by other City Code provi-
sions, rules, regulations, or permits, or by easements, covenants or
agreements, the provisions of this Chapter shall govern.
Source: Ordinance No. 583
Effective Date: 12-31-82
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Subd. 6. Fees. All fees provided for under this Chapter,
including, but not limited to, rezoning, variances, special and conditional
use permits, planned unit development and amendments, platting and waiver
of platting, easement and alley
GOLDEN VALLEY CC
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p
296
(9-30-92)
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BYLAWS OF THE BOARD OF ZONING APPEALS
CITY OF GOLDEN VALLEY
4It Article I.
These Bylaws of the City of Golden Valley, Board of Zoning Appeals and adopted
by same, shall govern the conduct of its preceedings as provided for in Section
11.90, Subd. 4. "Board of Zoning Appeals" of the City Code, attached hereto as
Appendix I.
Article II. Officers and Staffing
1. The Chairperson shall be elected by April of each year from and by the
members of the Board of Zoning Appeals.
2. The Director of Planning and Development of the City of Golden Valley or
his/her designee shall serve as staff liaison to the Board.
3. The staff liaison shall conduct and maintain all official correspondence,
subject to these rules, at the direction of the Board, including all
notices required by these rules of procedure and Section 11.90 of the City
Code; minutes of the Board's proceedings; and files on petitions for each
case which comes before the Board.
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Article III. Meetings
1. A monthly agenda shall be prepared and mailed to each of the members of the
Board. Completed petitions must be received at least 12 working days
prior to the day of the meeting for which a hearing is scheduled.
2. A regular monthly meeting of the Board of Zoning Appeals for the hearing of
cases shall be held on the second Tuesday of each month at 7 PM unless no
cases are pending.
3. Special meetings may be called by the Chairperson whenever he/she deems
the same expedient, ~nd shall be so called whenever three members request
the same in writing. Each member and affected petitioner or property owner
shall be notified at least five (5) days previous to any Special Meeting,
of the time, place, and purpose of the same.
4. A majority of the membership of the Board shall constitute a quorum. In
case there shall be no quorum present on the day fi xed for a regular or
special meeting, the members present may adjourn from time to time until a
quorum be obtained, or shall adjourn said meeting sine die.
Article IV. Conduct of Business
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1. The meetings shall be called to order by the Chairperson or in his/her
absence, the immediate past Chai rperson. In the event that both are
absent, the staff liaison shall call the meeting to order for the business
of electing a Chairperson Pro Tern.
2. The Roll shall be called at each meeting and a record made of those Board
members present and those absent.
(Revised 4/94)
Bylaws of the Golden Valley Board of Zoning Appeals
Page 2
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3. The minutes of the previous meeting shall be submitted for approval and any
errors noted or corrections made shall be recorded. after which. the regu-
lar order of business shall be taken up. provided that the reading of the
minutes may be dispensed with and the same approved if there are no
objections.
4. The further order of business. unless otherwise ordered by the Board. shall
be as follows. and shall be shown on the agenda of each regular meeting.
a. Hearing of petitions or business carried from a previous meeting
b. Hearing of new petitions
c. Communications
d. Other business
e. Adjournment
5. The staff liaison shall prepare a written report on each petition submitted
to the Board. which shall become a part of the official record.
6. In conducting official business the Board shall:
a. Hear and decide appeals only on matters provided for in Section 11.90
Subd. 4.B of the City Code and M.S.A. 462.359 (4).
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b. Hear and decide appeals only where the petition meets the specific
requirements of Section 11.90 Subd. 4.C. "Procedure" of the City Code
and only where notices as required by this Section have been provided
by the City.
7. The Board. in dealing with any matter. may require that the testimony to be
heard be given under oath; the oath to be given by the Chairperson of the
Board; the oath being that liDo you swear that the testimony you are about
to give is the truth. the whole truth and nothing but he truth so help you
God?"
8. All petitions and evidence received by the Board shall be reviewed and con-
sidered. and within a reasonable time the Board shall make its written
orders deciding the particular matter.
9. Where there is a question of procedure not specifically covered by these
Bylaws or City Ordinances, the Chairperson shall be guided by Robert's
Rules of Order.
Article V. Records
.,
1. All records of the Board shall be a public record.
2. The petition form referred to in the By-Laws and Section 11.90 of the City
Code shall be that officially adopted by the Board of Zoning Appeals.
3. Each petition shall be given a number corresponding to the year, month and
sequence in which it is accepted by the City staff.
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(Revised 4/94)
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Bylaws of the Golden Valley Board of Zoning Appeals
Page 3
4. A map showing the location and number of each case shall be maintained by
the secretary.
5. A file of all materials (including surveys and petitions) and decisions
relating to each case shall be filed in the Inspections Department, in the
address files.
Article VI. Amendment Procedure
1. Suspension of the Rules. These rules of procedure may be suspended by
a majority of the members of the Board at any regular meeting.
2. Repeal or Amendment of the Rules. These rules may be amended or repealed
at any regular or special meeting subsequent to the meeting when the same
is proposed, by a 2/3 vote of the entire Board.
(Revised 4/94)
APPENDIX I
CITY CODE SECTION 11.90
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Subd. 4. Board of Zoning Appeals. There is hereby created a Board
of Zoning Appeals which shall be organized, operated and have certain powers, as
follows:
A. Organization.
Source: Ordinance No. 583
Effective Date: 12-31-82
1. The Board of Zoning Appeals shall consist of five
members. All members of the Board shall serve a one-year term. During the
month of April the City Council shall appoint four of the members and two alter-
nate members. Either of the alternate members may serve in the absence of any
one of the members appoi nted by the Counci 1 . The Vi ce-Cha i rperson of the
Planning Commission shall be the fifth member of the Board, appointed each year
at the annual meeting of the Planning Commission. Any other member of the
Planning Commission may serve as an alternate member of the Board in the absence
of the Vice-Chairperson. The Board shall meet at least once a month if there
are any petitions pending for action.
Source: Ordinance No. 74, 2nd Series
Effective Date: 9-12-91
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2. At such monthly meetings the Board shall conduct
hearings with respect to petitions then before it, and prior to said meetings
the Board shall give at least ten (10) days' written notice to petitioners and
abutting property owners with respect to petitions that are to be heard at such
meetings. Any party may appear at such hearing, whether in person or by agent
or attorney.
3. Within a reasonable time following a hearing, the Board
shall make its written Order deciding the particular matter and shall serve a
copy of the same upon the petitioner by depositing the same in the United States
mail, postage prepaid, to the last known address of the petitioner, as shown on
the petition.
4. The Board shall keep a written record of all of its pro-
ceedings, including minutes of its meetings, its findings and the action taken
on each matter heard by it including its final Order. The Board shall adopt
such further rules for the conduct of its proceedings as it shall deem
necessary, including rules governing the exact date of its meetings, the date by
which petitions must be filed to appear on the agenda of any particular meeting,
provisions for the conduct of the meeting including the matter of giving of
oaths to witnesses at the hearings, the manner in which evidence might be pre-
sented at the hearings and provisions for the filing of written briefs by the
petitioner or other interested parties.
B. Powers. The Board of Zoning Appeals shall have the following
powers with respect to this Chapter:
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GOLDEN VALLEY CC
294
(11-1-91 )
9 11.90
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1. To decide appeals where it is alleged that an error has
been made in any Order, requirement, decision or determination and/or interpre-
tation made by a City administrative officer in enforcement and administration
of this Chapter.
2.. To hear requests for variances from the literal provi-
sions of this Chapter in instances where their strict enforcement would cause
undue hardship because of circumstances unique to the individual property under
consideration, and to grant such variances only when it is demonstrated that
such actions will be in keeping with the spirit and intent of this Chapter. The
Board of Zoning Appeals may not permit as a variance any use that is not per-
mitted under this Chapter for property in the zone where the affected person's
land is located. The Board may impose conditions in the granting of variances
to insure compliance and protect adjacent properties.
3. To hear appeals filed with the Board pursuant to M.S.A.
462.359 (4).
Source: Ordinance No. 583
Effective Date: 12-31-82
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4. When either the City, Hennepin County or the State of
Mi nnesota creates or \'lorsens a nonconformi ng setback or prevents or worsens
compliance with the applicable parking requirements by acquiring, a portion of a
lot for a public improvement, the lot owner shall be entitled as a matter of
right to obtain a variance for the nonconforming setback or parking condition so
created or worsened. This subparagraph shall apply only to acquisitions taking
place after June 1, 1992, and shall not apply to acquisitions taking place in
the normal course of the land subdivision (platting) process. Nothing contained
in this sub-paragraph shall be interpreted to lessen the requirement for a traf-
fic management plan contained in Section 11.56 of the City Code.
Source: Ordinance No. 89, 2nd Series
Effective Date: 5-21-92
C. Procedure.
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1. Appeals to the Board of Zoning Appeals may be taken by
an affected person upon filing of a petition form with the Zoning Administrator.
Such petitions shall be heard at the next regular monthly meeting of the Board
of Zoning Appeals, provided that such petitions must be received by the Division
of Zoning and Inspection no later than twelve (12) working days prior to the
meeting date for which a hearing could be scheduled. Failure to follow this
procedure shall result in a delay of the hearing until the next regular meeting
of the Board of Zoning Appeals. Each petition shall be comprised of a
Registered Land Survey locating all property lines, buildings, and streets along
with a completed petition form, provided by the City, and a filing fee as
prescribed in this Chapter. The petition form shall be completed in sufficient
detail to clearly demonstrate the variance applied for or the administrative act
being appealed therefor, and shall set forth the reasons and justification cited
by the petitioner as grounds for granting the petition.
2. The Board of Zoning Appeals shall give written notice of
the time, place of hearing and nature of the appeal to all adjacent (abutting)
property owners and shall make its Order with respect to said appeal within
seventy (70) days from the date of the hearing thereon. Within thirty (30) days
GOLDEN VALLEY CC
295
(9-30-92)
.
~ 11. 90
of the final written Order of the Board any petitioner feeling aggrieved by the
decision of the Board may file a written appeal with the Zoning Administrator,
thereby appealing the decision of the Board of Zoning Appeals to the Council.
Therefore the Counci 1 shall, wi thi n thi rty (30) days from the date of such
appeal, make its findings and determination with respect to the appeal and serve
a written report thereof upon the appellant by United States Mail. If no appeal
is taken by the petitioner from the decision of the Board of Zoning Appeals in
the manner hereinabove provided, then the decision of the Board shall be final.
3. In those cases where the effect of the deci si on of the
Board of Zoning Appeals is to grant a variance, the permission or license to
perform the acti on authori zed thereby shall 1 apse after the expi rati on of one
year following the date of service by mail of the Order granting the variance,
unless construction or other action is commenced within said one-year period in
accordance with the plans for which such variance was approved, or unless other-
wise specified in the Order granting the variance.
Source: Ordinance No. 583
Effective Date: 12-31-82
4. A variance granted by either the Board of Zoning Appeals
or the City Council shall vary the City Code only to the extent necessitated by
the application for variance and the conditions and circumstances in existence
at that time. If there is any change in the conditi ons, ci rcumstances or pro-
posed construction contemplated at the time of the grant of the variance, the
owner shall apply for a new variance. Any subsequent construction or activity
shall require a new variance even though a prior variance of a similar nature
4It had been granted for the property.
Source: Ordinance No. 74, 2nd Series
Effective Date: 9-12-91
4It
GOLDEN VALLEY CC
296
(9-30-92)