04-12-93 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 Chamber
Apri 1 12, 1993
7:00 PM
I. APPROVAL OF MINUTES - March 8, 1993
II. INFORMAL PUBLIC HEARING - MINOR SUBDIVISION
Applicant:
Address:
Request:
I II.
Eric Lerdall/Eric Barstad
8181-79 Medicine Lake Road, Golden Valley, Minnesota
Subdivide the existing lot into two separate lots in
order that each half of the double bungalow is on its own
lot.
INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT
Applicant:
Address:
Request:
Affiliated Emergency Veterinary Service
4708 Olson Memorial Hwy., Golden Valley, Minnesota
Operate an animal hospital in a Commercial Zoning
District.
IV. REPORTS ON MEETINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY,
CITY COUNCIL AND BOARD OF ZONING APPEALS
V. OTHER BUSINESS
VI. ADJOURNMENT
PLANNING COMMISSION GUIDELINES FOR PUPlIC INPUT
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The Planning Commission is an advisory body, created to advise the City Council
on land use. The Commission will recommend Council approval or denial of a
land use proposal based upon the Commission's determination of whether the pro-
posed use is permitted under the Zoning Code and the Comprehensive Plan, and
whether the proposed use will, or will not, adversely affect the surrounding
neighborhood.
the Commission holds informal public hearings on land use proposal~ to enable
you to learn, first-hand, what such proposals are, and to permit you to ask
questions and offer comments. Your questions and comments become part of the
record and will be used by the Council, along with the Commission's recommenda-
tion, in reaching its decision.
10 aid in your understanding and to facilitate your comments and questions, the
Commission wi 11 utilize the following procedure:
1. The Commission Chair will introduce the proposal and the recommenda-
tion from staff. Commission members may ask questions of staff.
2. The proponent will describe the proposal and answer any questions
from the Commission. .
3. The Chair will open the public hearing, asking first for those who
wish to speak to so indicate by raising their hands. The Chair may
s.et a time 1 imit for individual questions/comments if a large number
of persons have indicated a desire to speak. Spokespersons for
groups will have a longer period of time for questions/coll1lltents.
4.. Please give your full name and address clearly when recognized by the
Chair. Remember, your questions/comments are for the record.
S. Oi rect your ques ti ons/ coments to the Cha i r. The Cha i r wi 11 deter-
mine who will answer your questions.
6. No one will be given the opportunity to speak a second time until
everyone has had the opportunity to speak initially, Please limit
your second presentation to new information, not rebuttal.
7. At the close of the public hearing, the Comissionwi 11 discuss the
proposal and take appropriate action.
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MINUTES OF THE GOLDEN VALLEY
PLANNING COMMISSION
March 8, 1993
A regular meeting of the Planning Commission was held at the Golden Valley City
Hall, Council Chamber, 7800 Golden Valley Road, Golden Valley, Minnesota. The
meeting was called to order by Chair McAleese at 7:01 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; Don Taylor, Director of Finance
and Fred Salsbury, Director of Public Works.
I. Approval of Minutes - February 8, 1993
MOVED by Lewis, seconded by Johnson and motion carried unanimously to approve
the February 8, 1993 minutes as submitted.
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II. Presentation and Approval of the 1993-1997 Capital Improvement Program
Mark Grimes introduced the agenda item commenting that the Planning Commission
reviews the Capital Improvement Program (CIP) because it is an element of the
Comprehensive Plan and is updated every year.
Don Taylor reviewed the CIP with the Commission and he and Fred Salsbury
answered general detailed questions from the Commission.
Chair McAleese suggested that some capital improvement items should have a more
detailed explanation, i.e. signals at Rhode Island and Golden Valley Road will
be part of the redevelopment of Area C.
MOVED by Pentel, seconded by Kapsner and motion carried unanimously to recommend
to the City Council approval of the 1993-1997 Capital Improvement Program.
III. Election of Officers
Chair McAleese called for nominations. Nominations were as follows: Chair-
McAleese, Vice-Chair - Johnson and Secretary - Lewis.
MOVED by Kapsner, seconded by Groger and motion carried unanimously to approve
the nominated Commissioners.
IV. Review of Attendance
Chair McAleese reviewed attendance with the Commissioners.
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V. Discussion of the National APA Conference in Chicago
Discussion took place among staff and the Commission on who was eligible to
attend the National APA Conference.
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Minutes of the Golden Valley Planning Commission
March 8, 1993
. Page Two
VI. Reports on Meetings of the Housing and Redevelopment Authority, City
Council and Board of Zoning Appeals
Gary Prazak called and said he attended the meeting on the 16th of February when
General Mills was approved for the subdivision; no public attended. Other
reports were given.
VII. Other Business
No other business presented.
VIII. Adjournment
Chair McAleese adjourned the meeting at 9:30 PM.
Jean Lewis, Secretary
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M E M 0 RAN DUM
DATE:
TO:
FROM:
SUBJECT:
Apri 1 6, 1993
Golden Valley Planning Commission
Mark W. Grimes, Director of Planning and Development
INFORMAL PUBLIC HEARING -- MINOR SUBDIVISION FOR DOUBLE BUNGALOW,
8179-81 MEDICINE lAKE ROAD, ERIC lERDAll AND ERIC BARSTAD, APPLICANTS
Eric Lerdall and Eric Barstad have requested a minor subdivision for a double
bungalow at 8179-81 Medicine lake Road. The property was rezoned from Resi-
dential (s-f) to R-2 (two-family) in 1982. The double home was moved to the lot
in 1985. Currently, the two-family house is located on one lot (Lot 2, Block 3,
Richland Acres). The lot and building meet all the size requirements for the
R-2 district. The owners would like to split the lot into two lots in order
that each half of the two-fami ly home is on its own lot. Each half of the
double home could then be individually sold.
.
The subdivision code lists several conditions that must be met before a minor
subdivision for a double bungalow may be approved. The list of those conditions
are below with staff comments:
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1. The two newly created lots in combination and the existing double home
must meet the R-2 zoning district requirements. The R-2 district requires
that double homes be built on lots that are a minimum of 100 feet in width
at the front setback line. In combination, proposed lots 1 and 2 are
12,624 sq. ft. in area and the lot width is 100 feet at the front setback
line. As stated above, the existing lot was zoned R-2 in 1982.
The existing double home also exceeds all setback requirements of the R-2
district. The setback of the house is 35.85 feet from Medicine lake Road
which exceeds the minimum front setback of 35 feet. The side yard setback
of 28 feet on the west and 27 feet on the east greatly exceeds the minimum
15 feet side yard setback. Also, the rear yard setback is 44 feet which
greatly exceeds the minimum rear yard setback of 25 feet.
I have spoken with County officials regarding their standard request for
seven feet of additional right-of-way along County roads and was informed
by Les Weigelt, Hennepin County Works Department, that the County has the
80 feet of right-of-way necessary in this area of Medicine lake Road.
Therefore, no additional right-of-way will be requested. Along many
county roads, the County has only 66 feet of right-of-way and the County
requests City I s to obtai n another seven on each si de through the subdi-
vision process.
2. The structure must be able to be split into two SUbstantially equal sec-
tions -- This house may easily be split into two sections. Each side is a
mirror image of the other. The sides are each 21.9 x 46 which includes
the garage.
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Lerdall Memo to Planning Commission
April 6, 1993
Page Two
3. The structure must meet current building code and fire wall separation
requirements -- I have reviewed this matter with the building inspector.
This structure was built in 1979 and moved to the current site in 1985.
(The structure was located on Princeton Avenue at the SE quadrant of 1-394
and TH. 100 and was moved due to 1-394 construction.) According to the
building inspector, there is adequate fire wall separation between the
units and the double home meets current building code requirements.
4. Separate utility services must be provided -- There are separate utility
lines to each unit as shown on the survey.
5. A "Declaration of Covenants, Restrictions and Conditions" must be filed
and the Ci ty must be benefi ci ary to the Decl arati on -- I have di scussed
the matter of the covenants with Mr. Lerdall. He is currently in the
process of drafting the document and he will have it available 'at the
Planning Commission meeting. These covenants must cover such issues as
maintenance of the party wall, building and use restrictions, common ease-
ments" and the guarantee that the owners wi 11 submit to bi ndi ng arbitra-
ti on incase of a di spute. The Ci ty Attorney must revi ew the covenants
and they must be recorded with Hennepin County along with the final plat.
I am encl osi ng a copy of a Covenants Agreement that was approved by the
City Attorney for a two-family home on 23rd Avenue North. I have reviewed
these covenants and generally find them acceptable except that the City
has to be added as a beneficiary.
Recommended Action
The staff recommends approval of the minor subdivision for a double bungalow at
8179-8181 Medicine Lake Road with the condition that an acceptable Covenants
Agreement is drafted and approved by the City Attorney pri or to City Council
review. The minor subdivision for a double bungalow appears to fit this propo-
sal. Both the lot and structure meet or exceed the minimum requirements.
MWG:mkd
attachments: Location Map
Certificate of Survey
Declaration of Covenants Establishing Party Wall
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DECLARATION AND COVENANTS
ESTABLISHING PARTY WALL
This Declaration establishing, granting and providing
for the maintenance of a party wall, is made this day
of
, 1985, by
(hereinafter
referred to as .grantor-);
WITNESSETH:
WHEREAS, the undersigned grantor is the fee owner of
the following described real estate, (hereinafter referred to as
.premises.) situated in the City of Golden Valley, County of
Hennepin, state of Minnesota, to-wit:
The East 140 Feet of Lot 3, Block 2, Miller's Meadow,
Hennepin County, Minnesota as measured at a right
angle to the East line of said Lot 3, and its
Northerly extension.
WHEREAS, there now or hereafter will exist upon said
premises, a one story frame building to be used and constructed
as a duplex residence to be known as 9025-9035 23rd Avenue
North, Golden Valley, Minnesota; and
WHEREAS, in the construction of said duplex residence,
there is or will be a common wall dividing and separating said
residence into two distinct duplex units (hereinafter referred
to as .Units.); and
WHEREAS, it is the intention of the undersigned
grantor to subdivide the aforedescribed real estate into two
separate and distinct parcels which will be legally described as
follows, to wit:
Parcel One:
Parcel Two:
WHEREAS, upon completion of the subdivision of the
premises into two separate parcels, the common wall dividing
said duplex units will rest on the property line dividing the
premises; and
WHEREAS, it is the intention of the undersigned
grantor to hereby declare, create and establish as a party wall,
the common wall dividing said duplex units and to create in
favor of each owner of said duplex units, reciprocal easements,
rights and duties for the use, maintenance and enjoyment of said
party wall and to create protective covenants relating to the
maintenance and exterior appearance of said units.
NOW, THEREFORE, the undersigned grantor for the
purpose of establishing and declaring a party wall between the
aforesaid duplex units on said premises and for the further
purposes above set forth, does hereby declare and establish the
following conditions, restrictions and covenants and does hereby
state as follows:
1. That certain common wall dividing the aforesaid
duplex units and resting on the property line which subdivides
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the aforedescribed premises shall hereafter become, remain and
be maintained as a party wall and as the common property of the
owners of each of said duplex units, their respective heirs,
assigns and grantees, and to the extent not inconsistent with
the provisions of this Declaration, the general rules of law
regarding party walls and of liability for property damage due
to negligence or willful acts or omissions shall apply thereto.
2. This declaration and the covenants and easements
herein created are and shall be perpetual and construed as
covenants running with the land so long as the party wall
continues to exist and shall bind and inure to the benefit of
the undersigned grantor, his heirs, successors, assigns and
grantees. The rights created by this Declaration, including the
right of any owner to contribution from any other owner, shall
be appurtenant to the parcel and shall pass to such owners'
successors in title.
3. This declaration and the covenants, easements and
terms herein contained may be amended only by unanimous written
agreement signed by all of the then owners of each unit.
4. In the event of damage or destruction of said
party wall from any cause, any owner who has used the wall may
restore it and shall have an easement over the adjoining
property for purposes of making such restoration, the expense of
repair or rebuilding of said wall shall be borne equally by the
owners of each of the duplex units and whenever the party wall
or any portion thereof shall be rebuilt, it shall be erected on
the same place where it stands and be of the same size as of the
date hereof unless otherwise agreed upon by all of the then
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owners of said duplex units. Nothwithstanding the foregoing,
however, one owner may call for a larger contribution from the
other owner under any rule of law regarding liability for
negligence or willful acts or omissions.
5. Notwithstanding any other provision of this
Declaration, any owner who by his negligent or willful act,
causes any party wall to be exposed to the elements or excessive
heat or cold shall bear the whole cost of furnishing the
necessary protection against such elements or heat or cold, and
of repairing the party wall from damage caused by such exposure.
6. If any portions of a house or unit upon one of the
parcels shall actually encroach upon the other parcel, or if any
such encroachment shall hereafter arise from settling or
shifting of the building or other cause, there shall be deemed
to be an easement in favor of the owner of the encroaching house
or unit or improvement to the extent of such encroachment so
long as the same shall exist.
7. Each owner of a parcel agrees to indemnify and
hold harmless the owner of the adjoining parcel for any
mechanic's liens arising from work done or materials supplied to
make repairs or replacements for which the indemnifying owner is
responsible.
8. Any owner shall have the right to enforce by any
proceeding at law or in equity or both all the terms and
provisions of this Declaration. Enforcement shall be by
proceedings at law or in equity against any person or persons
violating or attempting to violate any covenant either to
restrain violation or to recover damages.
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9. In the event of damag e t: 0 or dest r uct: i on of one or
both of said duplex units, the expenses of repairing and/or
rebuilding of each respective unit and the determination of
whether or not to repair or rebuild said unit shall be the sole
responsibility of the owner of that respective unit. The
expense of repair or rebuilding of the party wall itself shall
be as set forth in paragraph 4 above.
10. Each owner of the duplex units shall have the
right to break through or into the party wall for the sole
purpose of repairing or restoring sewerage, water, or utilities,
subject to the obligation to restore said wall to its previous
condition at his own expense.
11. No persons shall have the right to add to or
detract from the party wall in any manner whatsoever without the
consent of the owners of both of said duplex units, it being the
intention that the party wall shall at all times remain in the
same condition as when erected.
12. No modification affecting the bulk of either of
the duplex units nor any disposition of the party wall shall be
made without obtaining the prior written consent of the city
council of the City of Golden Valley.
13. The owners of each respective Parcel or lot as
legally described above will be solely responsible and liable
for the care, maintenance -and upkeep of the grounds comprising
their Parcel or lot, and said owners shall be solely responsible
and liable for the costs and expenses of maintaining and
repairing the duplex unit which is situated on their respective
parcel or lot, and both of said owners shall be required to keep
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and maintain both their parcel (lot) and their unit in good
condition and repair.
14. The owner of each unit shall maintain the
exterior appearance of his unit and of his parcel (lot) in
harmony with the appearance of the other unit and lot. The
exterior design and appearance of one unit shall not be changed
or altered except simultaneously with a similar and harmoneous
change or alteration to the other unit and lot.
15. The exterior painted surfaces of the two units
shall be at all times painted identically. Any proposed change
in the exterior colors must first have the unanimous consent of
the owners of both units.
16. The roof of the two units shall be maintained in
the same color, style, and quality of roofing material. Any
proposed change thereof must first have the unanimous consent of
the owners of both units.
17. If any question or difference shall arise between
the owners of said duplex units as to the construction of this
declaration or as to the amount to be paid by either party
hereunder, or as to any matter relating to the party wall or any
repairs or rebuilding thereof, the same shall be referred to
three arbitrators, one each to be appointed by the owners of
each unit, and a third to be chosen by the two thus appointed
and a decision by the majority of them shall be final as to such
question.
IN TESTIMONY WHEREOF, the undersigned owner has caused
this declaration and the covenants contained herein to be
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executed in his name the day and year above first written.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ____ day of , 1985, before me a .
notary public within and for said county, personally
appeared to me personally known to be the
person described in and who executed the foregoing instrument as
his free act and deed.
Notary public
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M E M 0 RAN DUM
DATE:
TO:
FROM:
SUBJECT:
Apri 1 7, 1993
Golden Valley Planning Commission
Mark W. Grimes, Director of Planning and Development
INFORMAL PUBLIC HEARING -- CONDITIONAL USE PERMIT APPLICATION FOR A
VETERINARY CLINIC IN A COMMERCIAL ZONING DISTRICT - 4708 OLSON MEMO-
RIAL HIGHWAY, AFFILIATED EMERGENCY VETERINARY SERVICES, APPLICANT
Affiliated Emergency Veterinary Services (AEVS) has requested a conditional use
permit (CUP) in order that they may operate their emergency veterinary clinic at
4708 Olson Memorial Hwy. The property is zoned commercial. Within the Commer-
cial Zoning District a veterinary clinic is permitted with a CUP.
AEVS is currently located in Golden Valley at 1201 So. Turners Crossroad. The
existing clinic is located immediately west of the former American Cafe/Ruperts.
It is my understandi ng that the bui 1 di ng and site is too small to fi 11 thei r
current demand. The lot is only about 9,000 sq. ft. in area and there are only a
few parking spaces.
F or the past twelve years, AEVS has 1 i ked thei r cu rrent 1 ocat ion in Golden
Valley because of its accessibility to the west metro area. (AEVS also operates
another emergency clinic in the metro area.) However, the size of the building
and site has forced them to look for another location. Because the 1201 So.
Turners Crossroad site is in the Golden Hills Redevelopment District, the HRA
has agreed to purchase the building from AEVS for future redevelopment. The HRA
believes that the 1201 So. Turners Crossroad site is in a critical location for
the future redevelopment of the surrounding area.
The proposed new site for AEVS is the Gopher Gasket building at the NE corner of
Ottawa and the TH 55 frontage road, east of the Golden Valley House motel. The
site is 42,300 sq.ft. in area (.97 acre) or 180' x 235'. The proposal by AEVS
is to substantially remodel the existing building and site as shown as the
attached site plans and floor plan.
The site will be sUbstantially upgraded. Currently, there is no paved parking
area. The AEVS plans show 22 parking spaces. The parking area will be paved
with bituminous curb and gutter. The remainder of the site will be green and
maintained.
The proposed 22 spaces are si x (6) spaces short of the amount that woul d be
required for a medical clinic in a commercial zoning district. The clinic does
have additional space for six more spaces that could be added if there was a
need. I do not anticipate that the six spaces would be needed based on the use.
However, I will recommend that the CUP require that the six additional spaces be
built if the Director of Inspections believes there is ever a parking problem.
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AEVS Memo to Planning Commission
Apri 1 7, 1993
Page Two
Findings
The Zoning Code requires that the Planning Commission make findings and recom-
mendati ons to the City Council based upon ten factors. The foll owi ng are my
opinion on those factors.
1. Demonstrated Need for the Use -- AEVS has been in Golden Valley since 1979
and has proven to be a needed service. There are few such clinics in the
metro area. It is surprising how many people are familiar with Golden
Valley because of the AEVS.
2. Consistency with the Comprehensive Plan -- The Comprehensive Plan has
designated this area for light industrial uses although it is zoned
commercial. A vet clinic is also permitted in the City's light industrial
zoning district with a CUP. This type of clinic is consistent with the
Comprehensive Plan and Zoning Code.
3. Effect Upon Property Values in the Neighborhood -- AEVS will substantially
improve the existing building and site. In the past, the City has had to
request the owner to cut weeds and grass. Also, this use is limited in its
hours of operation (see designation) and the traffic it attracts. This use
will not decrease property values in the area.
4. Effect of Anticipated Traffic Generation on the Current Flow of Traffic in
the Area -- Because this is an off-peak hour business, there should be
little impact on the traffic in the area. Hopefully, a traffic signal will
be constructed on TH 55 west of Ottawa to improve access to the area. At
this time, the City cannot give an exact date when such construction would
occur.
5. Effect of Increase in Population and Density on Surrounding Land Uses - The
clinic will not increase population or the density of the area.
6. Increase in Noise Levels to be Caused by Proposed Use -- The clinic should
not cause any increases in noise. Animals are not kept outside or on-site.
7. Odors, Dust, Smoke, Gas, Vibration Caused by Proposed Site - The City does
not expect any of these problems since animals are not kept on site except
for treatment. In the twelve years the clinic has been in Golden Valley,
we have not had any complaints regarding these issues.
8. Increase in Flies, Rats, Vermin Caused by the Proposed Use -- The clinic is
well run by professional vets. The staff does not anticipate any increase
in animals or vermin on the site. Again, the staff looks at their
excellent track record at 1201 So. Turners Crossroad.
9. Visual Appearance of Any Proposed Structure or Use -- The existing building
will be upgraded and improved to improve its visual appearance. Over the
years, the Gopher Gasket buil di ng has deteri orated and it needs to be
upgraded. In addition, the clinic will be required to maintain the site in
an acceptable manner.
.
.
.
AEVS Memo to Planning Commission
Apri 1 7, 1993
Page Three
10. Other Effects -- There are no other issues that would effect the public due
to the conversion of the building and site for a veterinary clinic.
Recommendation
The staff recommends approval of a conditional use permit in order that the AVES
may operate at 4708 Olson Memorial Highway. This location is ideal for their
business because it is on TH 55 close to TH 100. Also, it is close to the
existing clinic. The proposed use is also good on this site. The clinic opera-
tes in non-peak hours so access is good to and from the site. Also, traffic to
the clinic is minimal. The proposed clinic will also enhance the site by
improving the outside appearance of the building and the site. Little has been
done over the years to improve the building or site. The parking area will be
paved with curb and gutter. The existing building and parking areas exceed all
parking and setback requirments.
The staff is recommending the following conditions be made part of the CUP.
1. The site plan and floor plans submitted by R.V. Johnson and dated 3/30/93
become a part of the permit.
2. All animals must be kept indoors and no animals may be boarded at the
clinic.
3. The clinic may operate 24 hours a day due to its function as an emergency
clinic.
4. All signs shall conform to the City's sign requirements.
5. An additional six parking spaces shall be built on the site if it is ever
determi ned by the Di rector of Inspecti ons that there is a shortage of
parking.
MWG:mkd
Attachments: Location Map
Site Plan
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