05-21-92 PC Agenda •
AGENDA
GOLDEN VALLEY PLANNING COMMISSION
Regular Meeting
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
May 21, 1992
7:00 PM
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I. APPROVAL OF MINUTES - April 13, 1992
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II. INFORMAL PUBLIC HEARING - PROPOSED ORDINANCE AMENDP1ENT -
Standards for Cul-de-Sac Streets
III. INFORMAL PUBLIC HEARING - PROPOSED ORDINANCE AMENDMENT - �
Flood Plain and Zoning District
• IV. REPORTS ON MEETINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY,
CITY COUNCIL AND BOARD OF ZONING APPEALS
V. OTHER BUSINESS
VI. ADJOURNMENT '
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MINUTES OF THE GOLDEN VALLEY
. PLANNING COMMISSION
April 13, 1992
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 7:03 PM.
Those present were Commissioners Groger, Johnson, Kapsner, Lewis and McAleese;
Commissioner Prazak was absent. Also present were Mark Grimes, Director of
Planning and Development; Beth Knoblauch, City Planner; and Mary Dold,
Administrative Secretary.
I. APPROVAL OF ��1INUTES - MARCH 23, 1992
MOVED by Lewis and seconded by Kapsner, and motion carried unanimously to
approve the hlarch 23rd minutes with the following change: Commissioner Groger
was absent.
II. RESOLUTION OF APPRECIATION - LINDA McCRACKEN-HUNT
Chair McAleese noted the Resolution of Appreciation and asked that the comple-
tion of signatures be delayed until after the informal public hearings are
heard.
III. INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT
• Applicants: William L. Feist d/b/a Feist Automotive Grou Inc. and
Craig Starbird (owner of the property), p� �
Address: 5500 - 5530 Golden Valley Road, Golden Valley, Minnesota
Request: Allow for auto repair and sales of automotive related items in a
Commercial District.
Mark Grimes, Director of Planning and Development gave a brief summary of his
staff report. This included a history of the site. P�r. Grimes also reviewed
the proposed improvements and staff recommendation.
There has been some concern by staff about the property being unkempt. The
Inspection Department and Police Department have gone to the site to check on
junk cars, signage problems and debris. Staff feels this is an opportunity to
get the site cleaned up to where it would be more acceptable to the neigh-
borhood. Staff recommendation is to approve the CUP with the recommendations as
stated in the staff report.
Chair McAleese asked for a rewording of Required Improvement #12. The first
sentence of #12 is to be added to #7.
The applicant, Bill Feist, asked staff about the fence line. Mr. Grimes com-
mented that the survey he submitted indicated that the fenceposts were on City
� property along Lilac Drive or within the setback area on the north end of the
site. These fenceposts would have to be removed.
Commissioner Lewis asked about the fence that was now under construction. Mr.
Feist commented he stopped work on the fence with only the posts in the ground
until the CUP issue is resolved.
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Minutes of the Golden Valley Planning Commission
April 13, 1992 •
Page 2
Commissioner Lewis asked about the junk cars on the site. P1r. Feist said people
bring cars for repair and leave them because they can 't pay for repair or don't
pick them up. h1r. Feist then must have them towed after all notices have been
served. This can take up to 30 days.
Commissioner Kapsner asked about traffic at the proposed retail tire store. Mr.
Feist commented that the showroom area at 5530 will be low key. There would be
no body work or engine repair done at this site.
Commissioner Lewis asked about the disposal of oil . P�r. Feist commented that he
has licensed people to pick up waste oil . P1ark Grimes commented that the con-
ditions should have a condition that the parking lot and drainage plan be
approved by the City Engineer.
Commissioner Gr�oger asked how many cars Mr. Feist anticipates will be on the lot
at one time. Mr. Feist stated 15 cars would be on the lot at one time and the
length of time would be two days. These cars have to be licensed cars. P�ark
Grimes commented that the area that will be fenced in and paved is a rather
large area and will easily accommodate 15 cars.
Commissioner Groger asked if anything else would be stored on the property. Mr.
Feist said that a tow truck will be stored on site every once in a while.
Chair h1cAleese opened the informal public hearing. •
Joe Shaughnessy, 1315 Welcome Avenue, commented that he would like to see all
conditions enforced such as no car storage outside the fenced-in area, no cars
for sale, and no Sunday work.
Bruce Forress, 1425 Unity Avenue North, talked about the hazardous waste con-
cerns; not only oil waste but also oil filters, floor dry which is soaked with
oil , and parts washer solvent. His concern is that these wastes are managed
appropriately.
Marilyn K. Scheidel , 1316 Welcome Avenue, expressed concern for the privacy
fence for the cars that will be parked in the lot over night. She would like to
see a wooden fence instead of chain fence so cars would not be visible. She is
also concerned about the enforcement of cars being parked on the lot and that
this be upheld.
Chair McAleese asked the applicant to step forward and answer questions from the
audience. P�ark Grimes commented that all cars would be stored in the fenced-in
area to prevent vandalism problems and to hide the cars. Mr. Grimes also com-
mented that he and Lloyd Becker, Director of Zoning and Inspections, have spent
time talking with P7r. Starbird, owner of the property, about the problem of cars
on the lot and they hope this CUP will bring some compliance to the property.
Mr. Feist commented that he will not be selling cars at this site. Mr. Grimes �
stated that this should be noted in the permit. Mr. Feist also commented that
the site will be closed on Sundays. His business hours are 8:00 AM to 8:00 PM,
Monday through Friday, and 8:00 AP� to 4:00 PM on Saturday. Mr. Feist stated
that he was licensed for oil waste collection at his Sinclair Station and will
Minutes of the Golden Valley Planning Commission
� April 13, 1992
Page 3
check because people are doing oil changes at home and dropping off the used oil
at the station. He is concerned about the contents of liquids that are dumped
with the oil . Mark Grimes commented that if you sell oil , you must take it
back. He also told �dr. Feist that the City does have a dumping area for oil
which is open to the public during working hours. Bruce Forress commented that
this waste can be take to the Hennepin County Transfer Station.
Joe Shaughnessy, 1315 Welcome Avenue, asked about the green area for the site.
Mark Grimes commented that the green area will be seeded or sodded and kept cut.
Elizabeth Ellgen, 1438 North Lilac Drive, lives across the street and asked
where the fence would be. Mr. Grimes said the fence would run along Lilac
Drive.
Chair P�cAleese closed the informal public hearing..
Commissioners Kapsner and Lewis agreed that this would be a definite improvement
to the site and do support the application.
Commissioner Groger feels that this is not the ideal solution for the property
but feels Mr. Feist is willing to work with the City and improve the property
and will support this application with the conditions stated.
� Commissioner Johnson is concerned about vehicles that have been left in the ast.
She is concerned about enforcement of the number of cars at the site. She does
support the application with the conditions discussed.
Chair McAleese agreed with the other Commissioners that this would be an
improvement for the site. He went over with staff, the additions of conditions
to the permit.
MOVED by Kapsner, seconded by Johnson and motion carried unanimously to recom-
mend to the City Council , approval of the Conditional Use Permit to allow for
auto repair and sales of automotive related items in a Commerical District.
IV. INFORMAL PUBLIC HEARING - MINOR SUBDIVISION OF "EWALD PARK ADDITION"
Applicant: Housing and Redevelopment Authority of Golden Valley
Address: Golden Ualley Road and Xerxes Avenue (Former Ewald Site)
Request: Allow for the replatting of six lots to four lots for construction
of four single-family homes.
Mark Grimes gave a brief summary of his report to the Commissioners. He com-
mented that the lots meet all requirements and that Habitat for Humanity would
put homes on the sites that are compatible with the neighborhood.
• Beth Knoblauch, City Planner, reviewed with the Commissioners the site plan,
talking about where the homes would be placed and the lot lines.
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Minutes of the Golden Valley Planning Commission
April 13, 1992 �
Page 4
Tony Beckstrom, representative for Habitat, briefly talked about the organiza-
tion of Habitat. He feels that building four homes in one area has a more posi -
tive effect than scattered sites. Habitat feels the lot sizes are very
generous. Two homes will be built in 1992 on Lots 1 and 2 and the remaining two
homes will be built in 1993.
Chair McAleese opened the informal public hearing.
Steve Erickson, 1812 York Avenue, thanked staff for working with the neigh-
borhood on a project that would be acceptable and fit in.
Jay Golfus, 1814 North York, commented that he was pleased with the action of
the Planning Commission and City Council .
Chair McAleese closed the informal public hearing.
The Chair and Commissioners unanimously support Habitat for building homes on
this site.
MOVED by Groger, seconded by Lewis and motion carried unanimously to recommend
to the City Council , approval of the Minor Subdivision to allow for the
replatting of six lots to four lots for construction of four single-family •
homes.
V. RESCHEDULE MAY MEETING DATES
Mark Grimes suggested F1ay 21st as an alternate Planning Commission meeting date
due to the Planning staff being out of town for the meeting of the llth, and
Memorial Day falling on the second meeting date.
VI. REPORTS ON MEETINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY, CITY
COUNCIL AND BOARD OF ZONING APPEALS
No reports were given.
VII. OTHER BUSINESS
No other business was presented.
VIII. ADJOURNMENT
Chair McAleese adjourned the meeting at 8:40 PM.
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MEMORANDUM
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DATE: May 15, 1992
T0: Members of the Planning Commission
FROM: Mark W. Grimes, Director of Planning and Development
RE: Amendment to the Subdivision Code, Section 12.20, Subd. 2(I)
Regarding the Length and Width of Cul -de-Sac Steets
At the April 14, 1992 City Council meeting, the Council unanimously
approved the preliminary plat of "Garden Park" with the following two
conditions:
1. An amendment to the Subdivision Code be approved to
permit smaller diameter cul -de-sacs in certain
circumstances; and
2. Direct the staff to initiate an amendment to the
Subdivision Code that would allow smaller diameter
cul -de-sacs in certain situations.
The preliminary plat submitted by the applicant, John Sirny, indicates
� a cul -de-sac right-of-way diameter of 100 feet and a paved area of 80
feet diameter. h1r. Sirny believes that if the cul-de-sac was built to
City subdivision code standards of a 120 foot diameter right-of-way
and 100 foot diameter paved area, the street area would dominate the
subdivision and require the houses be located farther to the rear of
the lots. I am enclosing a copy of a letter Mr. Sirny wrote to the
City dated ApriT 8, 1992, which explains his request for the cul-de-
sac diameter variance.
The Planning Commission reviewed the preliminary plat of Garden Park
on March 23, 1992. I am enclosing a copy of those minutes. In sum-
mary, the Planning Commission approved the preliminary plat with
current subdivision code requirements for a 120 foot diameter cul -de-
sac right-of-way and a 100 foot diameter paved cul-de-sac. The
Planning Commission recommended against a variance for a 100 foot
diameter cul-de-sac right-of-way and and 80 foot diameter paved cul -
de-sac area. The Planning Commission stated the Mr. Sirny did not
meet any of the conditions in the subdivision code for a variance.
At the Planning Commission meeting, there was some sympathy for
reviewing the City's policy regarding diameter of short cul -de-sac
streets.
The action of the City Council on April 14 reflects some of the same
thoughts as the Planning Commission. The Council felt that they could
not approve the preliminary plat with the smaller cul -de-sac because
• it did not meet the standards in the Code for a variance. However,
the City Council felt that in certain circumstances, smaller diameter
cul -de-sacs may be acceptable.
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• The City Council 's conditional approval of the preliminary plat shows
the intent of the Council to consider changes to the subdivision code
to reduce the diameter of cul -de-sacs under certain circumstances.
The council has agreed to consider the change to the code quickly in
order to allow h1r. Sirny to keep to his timetable so construction may
begin this year.
The staff has met with Mr. Sirny numerous times to discuss the City's
cul -de-sac diameter requirement. The staff (including the Director of
Public Safety, Fire Chief, Director of Public Works, and me) now
believe that an amendment to the subdivision code to permit certain
cul -de-sac streets to have a right-of-way diameter of 100 feet and a
paved diameter of 90 feet, is justifiable. (Code now requires 120 feet
and 100 feet, respectively. }
The staff is proposing the following change by substituting it for the
existing language in that paragraph:
A cul -de-sac street shall be measured along its center line from
a point in the extended line from the back of the curb line of
the intersecting street of origin to the back of the curb line
of the cul-de-sac at its closed end. If there is no curb, the
measurement shall be made from the corresponding edge of the
improved surface of the roadway.
� Maximum length of a cul -de-sac street shall be 500 feet. Except
as provided hereinafter, each cul-de-sac shall have a closed end
turnaround with an outside diameter of the improved roadway sur-
face of at least 100 feet and a street right-of-way diameter of
at least 120 feet.
Alternatively, if the proposed cul -de-sac street is 190 feet or
less in length, the subdivider may apply for a reduced turnaround
having an outside roadway diameter of at least 90 feet and a
street right-of-way diameter of at least 100 feet. Since such
reduction in size may increase the difficulty of street main-
tenance or fire prevention activities, the Director of Public
4Jorks or the Fire Marshall may require limitations regarding the
type, placement or replacement of any structures or plantings to
be located in or within 10 feet of the cul -de-sac right-of-way.
Structures for purposes of this paragraph shall include fences,
fire hydrants, light poles, mail boxes, utility boxes or poles,
etc. The Director of Public Works may also impose additional
limitations concerning the location and width of driveways
accessing all lots with frontage on the reduced turnaround cul -
de-sac street and, in no event may the width of a driveway exceed
50% of the width of the lot it accesses as measured at the road-
way by extending the side lot lines to the back of the curb line.
This language states that in cul -de-sacs less than 190 feet in length,
� the diameter of the right-of-way may be reduced to 100 feet and the
paved area to 90 feet. The change gives the Director of Public Works
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tand the Fire Chief the opportunity to review and determine the loca-
tion of structures within 10 feet of the cul-de-sac right-of-way. In
other words, the City gets to determine where mailboxes, trees, and
poles and other structures are located in order to reduce maintenance
problems and assure public safety access. Also, the location and
width of driveways can also be reviewed and determined by the Director
of Public Works.
One of the major concerns of the Director of Public Works is snow
storage. If there is adequate space between driveways on a cul -de-
sac and there are no structures located between driveways, there is
then adequate space for snow storage. Without snow storage space,
plowing of cul-de-sacs is made difficult and expensive.
The Fire Chief has reviewed the proposed change. If the length is
limited to 190 feet as proposed, emergency vehicle access should not
be greatly reduced.
The entire staff believes that the minimum diameter of the right-of-
way should be 100 feet and the minimum width of the paved area should
be 90 feet. Mr. Sirny would like to see paved area diameters to be 80
feet. The staff strongly recommends that 90 feet be the minimum paved
area for the cul -de-sac. If it is less than 90 feet, access to both
emergency and maintenance vehicles is reduced to an unacceptable
point.
� Recommendation:
The staff recommends the proposed amendment to Section 12.20, Subd.
2(I ) of the Subdivision Code.
The staff believes that short cul-de-sac streets can be built smaller
in diameter without reducing the City's ability to maintain the street
or provide public safety access. However, the Public Works Director
and Fire Chief do have the right to limit structures and the location
of structures within 10 feet of the cul-de-sac right-of-way line.
Also, driveway location may also be determined as part of this amend-
ment.
Attachments:
Letter from Sirney Architects - April 8, 1992
Planning Commission Minutes - March 23, 1992
City Council Minutes - April 14, 1992
Memo to Planning Commission - March 17, 1992
Preliminary Plat Map - Garden Park (loose)
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� A R C H I T E C T S
April 8, 1992
City of �olden Valley
Civic Center
7800 Golden Valley Road
Golden Valley, MN 55427
RE: GARDEN PARK ADDITION
REQUEST FOR VARIANCE
HISTORICAL PERSPECTIVE
The original intent of Garden Park was to provide a single family
residential development that provided and maximized as much
shared visual open space and landscaping as possible. To this
end, the Applicant had looked at creating a Planned Unit
Development (PUD) . However, the Golden Valleg ordinance does not
� provide for a PUD for single family use. The applicant has
therefore attempfi,ed to meet , to the extent possible, the initial
goals of the project within the existing provisions of the zoning
ordinance. As proposed, this would require a variance for the
right-of way and size of the cul-de-sac.
The applicant has organized the property with three lots off of
Ridgeway and five lots located on a cul-de-sac off of Western
Avenue. While many other configurations are possible, the
Applicant feels this layout allows for a balance of city,
neighborhood, aesthetics and safety concerns.
RE9UEST FOR VARIANCE
In general , it is the Applicant' s professional and personal
opinion, that the current ordinance does not respond in a
reasonable fashion to small in-fill single family developments
that occur in more matured developed communities. The strict
application of the city ordinance to the proposed Garden Park
Development is an example of this concern. The proposed plan
indicated a 100 feet right-of-way with an 80 feet paved cul-de-
sac ; this is consistent with the cul-de-sac configuration within
the surrounding neighborhood and many other areas within Golden
Valley. The current ordinance calls for a 120 feet right-of -way
with a 100 feet paved area.
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6009 WAYZATA BLVD. , SUITE 103, MINNEAPOLIS, MN 55416 • 612 • 544 • 60 > j
� April 8 , 1992
Page 2
REQUEST FOR VARIANCE (CONTINUED)
The size of a cul-de-sac affects the following issues:
l . AESTHETICS: The larger the paved area of a cul-de-sac,
the less desirable the visual aspects are of
a cul-de-sac . Many communities are using
landscaped islands to enhance cul-de-sac
configuration. (Example will be shown at
City Council Meeting ) .
2 . SNOW REMOVAL: The smaller a cul-de-sac becomes, the more
difficult the turning radius becomes. The
larger the cul-de-sac becomes the more
difficult snow storage capacity. ( i.e. going
from an 80 feet diameter paved cul-de-sac to
a 100 feet diameter increases paved and snow
areas by 36%.
There is also a concern about the distances
between driveways for snow storage. Larger
cul-de-sacs do not necessarily improve the
� situation. Many Developers use larger
cul-de-sacs to obtain more lots with less
distance between driveways.
An informal phone survey of residents within
the neighborhood, who reside on 80 feet cul-
de-sacs, have indicated that generally snow
removal has not been a problem.
3 . FIRE TRUCK Short streets with cul-de-sacs do not
ACCESS: necessarily require a fire truck to be able
to use the cul-de-sac to turnaround when
backing up a short distance is possible.
Certainly, long, winding streets that have a
cul-de-sac at the end have different
concerns.
The Residential Development Handbook sponsored by the Urban
Land Institute in Washington, D.C. states the following:
"The problem of turnaround size in cul-de-sacs should be
based on the turning radius of the automobile. The design
of a turnaround should not be dictated by the turning radius
of large vehicles such as moving vans and refuse trucks
whose trips to cul-de-sacs are infrequent. equipment should
be modified to fit the roadway, not vice versa.
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April 8, 1992
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The trend of smaller automobiles and smaller delivery trucks
should be a design factor. A 35 to 40 foot turning radius
efficiently handles private automobiles and nearly all emergency
and service vehicles. Cities which have required only a circular
paved turnaround of from 75 to 80 feet in size have had few
resident complaints on the adequacy of the turning area.
Of the infrequent vehicles entering a cul-de-sac, refuse trucks,
delivery trucks, snowplows, moving vans, and fire trucks-only for
the latter is time critical . However, if backing-up movements
are necessary, as with older fire equipment, guidance can be
secured from accompanying firemen. Usually the newer fire trucks
have a shorter turning radius, and large hook and ladder trucks
are not necessary in cul-de-sacs. In the long run it is more
economical to purchase trucks to fit community streets than to
build streets for infrequently used specialized vehicles. "
The Applicant also contacted a number of communities to better
understand the size of cul-de-sacs and respective right-of-ways.
(See attached) . While the sizes varied, it was most interesting
to note the approach to looking at small in-fill residential
developments where variances were considered. In discussions
with Mr. Don Johnson, City Engineer for Edina, he stated that in
• situations where small developments were occurring, the City
would look to "reasonable" solutions to the size, layout, and
landscaping of short residential streets with cul-de-sacs. He
also stated that when cul-de-sacs are increased in size to 90
feet, a landscaped center island is frequently used. {See
attached examples) .
SEC. 12 . 54 VARIANCES.
Subd. l . Generally.
A. The Council may grant a variance from this Chapter
following a finding that all of the following conditions exist:
1 . There are special circumstances for
conditions affecting said property so that the strict application
of the provisions of this Chapter would create an unusual
hardship and deprive the applicant of the reasonable use of his
land. Economic difficulty or inconvenience shall not constitute
a hardship situation for the purpose of this ordinance
2 . The variance is necessarv for the
preservation and enioyment of a substantial propertv ri�ht of the
petitioner.
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April 8 , 1992
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SEC. 12 . 54 VARIANCES (CONTINUED)
3. The granting of the variance will not be
detrimental to the public welfare or iniurious to other propertv
in the nei�hborhood in which said property is situated.
B. In making this finding the Council shall consider
the nature of the proposed use of land and the existing use of
land in the vicinity, the number of persons to reside or work in
the proposed subdivision and probable effect of the proposed
subdivision upon traffic conditions in the vicinity. In granting
a variance, as herein provided, the Council may prescribe such
conditions as it deems desirable or necessary in the public
interest.
The Applicant feels that points ( 1 } and ( 2 ) overlap in the issues
relating to Garden Park. The hardship, preservation, reasonable
use of land, and enjoyment of a substantial property right is
adversely affected without a variance. Economic difficulty is
not an issue ; the Applicant is not attempting to create as many
lots possible within the minimum 10 ,OOQ S. F. City requirement.
All of the lots surrounding the cul-de-sac are substantially
greater in size than required by City ordinance. A larger cul-
de-sac also pushes the house set back locations further into the
• rear yards. While the set backs will meet City requirements,
they will affect the preservation and enjoyment of landscaped
open space to the adjacent neighbors surrounding this
Development.
The Applicant further feels that granting the variance will not
be detrimental to the public welfare or injurious to other
property because of the layout, size and orientation of the
proposed Development. The proposed 80 feet diameter cul-de-sac
has not been a problem with snow removal as previously mentioned.
The short length and straight layout of the proposed street and
cul-de-sac do not present ingress and egress problems for fire
safety equipment.
In the process of researching the above related zoning issues,
the Applicant also noted that the right-of-way of the streets
within the neighborhood are 50 feet instead of 60 feet as the
current ordinance states . The Applicant would also request a
50 feet right-of-way for the short straight portion of the street
while maintaining a 30 feet paved street.
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April 8 , 1992
• Page 5
In closing, the Applicant is equally concerned for the Garden
Park project as well as other small in-fill projects that may
occur within our community. It is important that as land is
being developed, we collectively create a balance in urban
planning, landscaping, architecture, and community services.
Re pect ully Su�mitted,
� oh E. Sirny, A�
Applicant of 2 . Z I .
JES:pck
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MINUTES OF THE GOLDEN VALLEY
PLANNING COMMISSION
�-arch 23, 1992
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A regular ting of the Planning Commission was held✓�at the Golden Valley City
Hal l , Counci 1 �mber, 7800 Gol den Val l ey Rd. ,rvi...Grd1 den Val l ey, Mi nnesota. The
meeti ng was cal l ed`�'��a::�rder by Chai r McAI eese,,:�'�' 7:03p.m.
_°�,�.;.,
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Those present were: Johnson';`'��p,sner� Lewis, McAleese and Prazak; Lewis absent.
Also present were Mark Grimes�, =°�frector of Planning and Development; Beth
Knobl auch, Ci ty P1 anner; and �a°�y Dol d,�`�,�retary.
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*�:" ..�,.�,
�;. ,,,
I. A roval Mi nutes - March 9, 1992 �'�» :�n���.
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MOVED by sner, seconded by Johnson and motion carried unan'��pusly to approve
the 9, 1992 minutes as submitted. ��;��-
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II. Informal Public Hearing - Subdivision
Applicant: 2.2 Inc. (John Sirny)
Address: Ridgeway Road and Western Avenue, Golden Valley, Minnesota
Request: To divide a parcel of land at Ridgeway Road and Western
Avenue into eight single-family residential lots.
aChair McAleese asked staff for a brief report. Beth Knoblauch, City Planner,
reviewed her report with the Planning Commission. She discussed Mr. Sirny's
variance request for a smaller cul-de-sac (50 ft. radius/100 ft. diameter right-
of-way vs. the regulation 60 ft. radius/120 ft. diameter right-of-way). The
smaller cul-de-sac would require a variance from the subdivision code. The sub-
division has adequate land to allow the regulation size cul-de-sac. Staff has
not found a hardship for a variance. It is an attractive subdivision plan that
will be a benefit to the City.
The Fire Chief and the Director of Public Works are concerned about snow storage
and fire truck maneuverability with a small cul-de-sac. Mr. Sirny did not submit a
written request for a variance at the time the preliminary plat was submitted.
(The Board of Zoning Appeals is not involved with subdivision variances.) The
City Council may grant a variance if it finds that the three conditions outlined
in the subdivision code are met.
John Sirny, representative for 2.2 Inc. talked about his project. He is planning
extensive landscaping throughout the subdivision with blue spruce, red pine and
river birch. Mr. Sirny reviewed a drawing with the Commission showing the
required cul-de-sac area and the cul-de-sac area he is requesting. He feels the
required cul-de-sac area is a hardship. He contacted a number of communities to
look at what is being done concerning cul-de-sac area and he saw a wide range of
cul-de-sac right-of-ways. He does not feel that a fire truck backing ou� on a
short stub like he has planned would be detrimental to the lives, safety and
public welfare of the community. Also, he has talked with residents who live on
� an 80-foot cul-de-sac and they have had no problems (ie. Nevada and Oregon
Avenues to the south) . He feels the radius of the cul-de-sac is not the issue
for snow storage but the distance between driveways becomes the critical issue
for snow capacity.
Minutes of the Golden Valley Planning Commission
March 23, 1992
Page Twa
� Mr. Sirny commented that he had not submitted a written statement for a variance
because he wanted to share the information verbally at the Planning Commission
meeting. Mr. Sirny said he would accept the Chair's summary of the variance
request. Chair McAleese requested that a written request be available when this
agenda item goes to the City Council on April 14th.
Commissioner Prazak asked Mr. Sirny about the amount of off-street parking to the
residents on the cul-de-sac. Mr. Sirny commented that cars could be stacked in
the driveway. Mark Grimes commented that parking is allowed on cul-de-sacs during
daylight hours.
Chair McAleese opened the informal public hearing.
Susan C. Hageman, 7405 Ridgeway Road, lives to the north of the proposed develop-
ment and would like to see the cul-de-sac made smaller so the proposed new homes
would be farther away from the rear setback line and existing homes. The prop-
erty in question has been undeveloped and the farther the homes are away from
hers, the better.
Chair McAleese closed the informal public hearing.
Commissioner Lewis asked about the public safety issue. Mark Grimes commented
that staff has met several times with the Fire Chief and Director of Public Works
and talked about the code which specifically states the required cul-de-sac size.
� The City Council can issue a variance if they feel there is a hardship and place
restrictions on such things as the location of mail boxes, hydrants and drive-
ways.
Chair McAleese asked the Commission to discuss the issue of the subdivision
itself. Chair McAleese feels the subdivision meets all the requirements and
looks very nice.
Commissioner Kapsner sees no problem with Mr. Sirny naming the street whatever he
would like.
Chair McAleese then brought back the issue of the variance. He can see why the
applicant would want a smaller cul-de-sac but does not feel there is any flexi-
bility in the zoning code -- no unusual hardship and the applicant is not
deprived of a reasonable use of the land. He would vote against the variance but
for the subdivision.
Commissioner Kapsner agreed with Chair McAleese -- doesn't feel there is a detri-
ment to the applicant with the larger cul-de-sac. Feels the ordinance that was
redone in '88 is good and does not feel the Commission should relook at the ordi-
nance to permit small cul-de-sacs.
Commissioner Lewis doesn't feel that a hardship is present and the Commission
should abide with the requirements of the code in regard to the cul-de-sac.
Commissioner Johnson supports the subdivision request but not the variance.
. Commissioner Prazak asked staff how the Commission should communicate to the
Council , if we choose to do so, that we are comfortable with a 90' diameter paved
cul-de-sac. Beth Knoblauch commented that the Commission could state that they
Minutes of the Golden Valley Planning Commission
March 23, 1992
Page Three
. approved the subdivision and approve a variance for a 90 ft. diameter, paved area
cul-de-sac. (The subdivision code requires a paved area of 100 ft. in diameter
with a 120 ft. diameter of right-of-way. ) However, a hardship must be indicated.
Commissioner Johnson asked if a variance could be granted if conditions are not
met. Mark Grimes commented that if the cul-de-sac footage is in question then
change the ordinance.
Commissioner Lewis asked how long it would take to redo the ordinance. Mr.
Grimes said about 2 to 2 1/2 months and a rehearing on this particular sub-
division for Mr. Sirny.
Chair McAleese commented that tonight the Commission is duty-bound to vote on the
subdivision itself (no controversy regarding this item, especially if the cul-de-
sac meets code). The Commission is duty-bound to vote on what the applicant has
submitted and the variance he has requested. If the Commission goes beyond this
it would be more in the form of direction or advice to the Council . Some
Commissioners felt that the smaller diameter might be reasonable considering the
short, overall length of the cul-de-sac and the requirements that could be placed
on curb cuts to help minimize the problem of snow storage.
MOVED by Lewis, seconded by Kapsner and motion carried unanimously to recommend
to the City Council approval of the subdivision which would divide a parcel of
land at Ridgeway Road and Western Avenue into eight single-family residential
• lots with the cul-de-sac meeting code requirements.
MOVED by Johnson, seconded by Lewis and motion carried unanimously to recommend
to the City Council denial of the variance as requested by the applicant for an
80' paved area and the 100' right-of-way as it does not meet any of the three
conditions for a variance.
Chair McAleese commented that he concurs with what Commissioner Prazak said about
living with the 90' paved area. He said that if there were a hardship, he would
vote for the variance as long as other requirements of the zoning and subdivision
code were met.
III . Repo on Meetings of the Housing and Redevelo ment ority, City
ounci oar o oning ea s
Mark Grimes reported on e HRA meeting of March regarding the Ewald Dairy
Site and having Habitat for anity designate.��'onditionally as the developer of
the si te. �'``�
4���i
�'��•¢' �'��"
IV. Other Business �°�
�,� �
f j,9�,. �:�
V. Adjournmen ���� ��
. Chair McAlee�djourned the meeting at 8:25p.m.
,..�`
�
Jean Lewis, Secretary
Regular Meeting of the City Council
. April 14, 1992
Public Hearin - Preliminar Plat Approval - Garden Park
• William Joynes introduced the agenda item.
John Sirney, Applicant, reviewed his preliminary plat and his request to allow
a smaller diameter cul-de-sac for his plat.
Warren Kapsner, Planning Commissioner, presented the Commission report.
The Mayor opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon.
Judy Hilbert, 7409 Ridgeway Road, concerned about how close the new homes will
be to her property.
The Mayor closed the public hearing.
MOVED by Thompson, seconded by Johnson and motion carried unanimously to approve
the preliminary plat for Garden Park with the following stipuations:
1) Approve the preliminary plat of Garden Park contingent on the passage of
an amendment to the subdivision code to permit smaller cul-de-sac of the
size in certain circumstances.
2) Direct the staff to initiate an amendment to the subdivision code that
would allow smaller diameter cul-de-sacs in certain situations such as
when the length of the cul-de-sac street is short and when the City has
control over driveway and mailbox.
, Upon a roll call vote, the vote was as follows:
BAKKEN - YES JOHNSON - YES RUSSELL - YES STOCKMAN - YES THOMPSON - YES
�
M E M 0 R A N D U M
•
DATE: March 17, 1992
T0: Golden Valley Planning Commission
FROM: Elizabeth A. Knoblauch, City Planner
SUBJECT: INFORMAL PUBLIC HEARING -- PROPOSED SUBDIVISION -- "GARDEN PARK
ADDITION"; RIDGEWAY ROAD AND WESTERN AVENUE: JOHN SIRNY, APPLICANT
The proposal is for an eight-lot residential subdivision on the former
greenhouse property west of Lions Parko The preliminary plat (attached) does
not indicate a name, but Mr. Sirney has told staff that "Garden Park" is the
name he has been using. The lot layout includes three lots along Ridgeway Road
and another five lots around a proposed cul-de-sac leading off of Western
Avenue. The area is zoned for single family residential uses, and all of the
lots as laid out will meet or exceed width and area requirements. The prelimi-
nary grading plan for the lots is being reviewed by the engineering department.
The east end of the site is wet and low.
The required park dedication will be in the form of cash rather than land. The
plat will formally dedicate to the City those portions of existing Ridgeway Road
. and Western Avenue that were originally established for public use by other
means. The proposed cul-de-sac will also be a dedicated public street. Mr.
Sirny has not officially named the cul-de-sac yet, but has been leaning toward
using the same name as for the subdivision itself - Garden Park. Because the
cul-de-sac will be located halfway between existing stretches of Nevada Avenue
and Oregon Avenue, some staff inembers would prefer to see it named after one of
those streets just for locational purposes.
Mr. Sirny is requesting a variance from the subdivision requirements of Golden
Valley in order to have the cul-de-sac at a smaller diameter. The right-of-way
leading back to the cul-de-sac area will be dedicated at the required 60 feet of
width, but Mr. Sirny wants to dedicate the cul-de-sac itself at only 100 feet in
diameter as opposed to the 120 feet required by City Code. The code requirement
in fact was 100 feet until 1988, when staff researched the matter and found that
the smaller width resulted in problems with maneuvering of emergency vehicles,
availability of guest parking, and space for snow storage.
The City Code does provide for variances from subdivision requirements (CC 12.54
attached). An applicant must request the variance at the time the preliminary
plat is submitted. The variance is considered by both the Planning Commission
and the City Council . The 8oard of Zoning Appeals is not involved because the
subdivision regulations are separate from the zoning regulations. The City
Council may grant a variance if it finds that each of three conditions exists:
1. there is an unusual hardship hardship (excluding economic factors)
� related to the property so that strict application of the code would
deprive the applicant of the reasonable use of his land;
2. the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant; and
• 3. the variance will not be detrimental to the public welfare or
injurious to other property.
Mr. Sirny has not, at the time of this writing, explained the nature of any
hardship or any property right to be preserved. He does have some compelling
aesthetic concerns. On the other hand, two staff inembers have come forward with
public welfare concerns relating to their areas of expertise. Mark Kuhnly,
Golden Valley Fire Chief, is concerned that the City's new ladder truck, which
responds to all residential fire incidents, may not be able to maneuver ade-
quately if called to a fire at one of the homes on the cul-de-sac. Fred
Salsbury, Director of Public Works, has had personal experience with smaller
cul-de-sac designs in other communities, and believes that snow storage is a
problem because of constricted frontage and the need for people to keep their
driveways clear.
In general , staff recommends approval of the preliminary plat for Garden Park
Addition. City Code (Sec. 12.12, attached) requires that, before the City
Council grants such approval , the City Engineer must approve any proposals
relating to water supply, storm drainage, sewerage, sewage disposal , roadway
widths, and street surfacing; these reviews are now underway. Regarding the
variance, staff as of this time is unable to make the necessary findings for
granting it.
EAK:mkd
• Attachments: Sec 12.54 (Variances)
Sec 12.12 (Qualifications Governing Approval of Preliminary Plat)
� -2-
Yvc.��or �uDa. 4D� ( 1 ) � ( 1 ) � ( 3) � ( 4) � ( $) , and (6� . Any person
seeking a waiver of the requirements for platting as provided in the
� aforementioned Section of �he Minnesota Statutes shall make an appli-
cation to the Planning Department accompanied by a fee as determined
by Council resolution.
• SEC. 12.54. VARIANCES. �
Subd. 1. Generally.
A. The Council may grant a variance from this Chapter
following a finding that all of the following conditions exist:
1 . There are special circumstances for conditions
affecting said property � so that the strict application of the provi-
sions of this Chapter would create an unusual hardship and deprive the
applicant of the reasonable use of his land. Economic difficultv or
inconvenience shal not const tute a hards p s tuat on for th
pose of s or nance.
�
� 2. The variance is necessar for the reservat
and enjo_yment o_f a substantial property r t o the petitioner.
3 . The granting of the variance will not be
detrimental to the ublic welfare or in 'urious to other ro ert in
t e ne Q bor ood n wh ch sa d property s situa e . •
B. In making this finding the Council shall consider
the nature of the, proposed use of land and the existing use of land in
the vicinity, the number of persons to reside or work in the proposed
subdivision and the probable effect of the proposed subdivision upon
• traffic conditions in the vicinity. In granting a variance, as herein
provided, the Council may prescribe such conditions as it deems
desirable or necessary in the public interest.
GOLDEN VALLEY CC 319 ( 6-15-90)
Subd. 2. Applications Required. AAplication for anv such
variance shall be made in writinQ by the owner or subdivider at the
time when the reliminar lat is s b itted for the consideration of
the Planninq Commission, statinq fu ly and clearly al acts or other
aslditional data which mav aid the Plannin-missio in the analv��
nf the DroDO ed oro�ect. The plans for such development s a �i��lude
such covenants, restrictions or other legal provisions necessary to
guarantee the full achievement of the plan. The Council may require
review or approval of the variance request by other agencies including
the U.S. Army Corps of Engineers, the Bassett ' s Creek Commission and
the tdinnesota Department of Natural Resources.
Source: Ordinance No. 34 , 2nd Series
Effective Date: 4-12-90
• (Sections 12.55 through 12.98 , inclusive , reserved for future
expansion. )
� � 12. 11
Subd. 5. Effect of Missing Data. All preliminary plats
must contain the data as called for in this Section. If any of the
� required data is missing from the preliminary plat, the application
will not be accepted, and the preliminary plat will riot be reviewed by
the Planning Commission.
SEC. 12.12. QUALIFICATIONS GOVERNING APPROVAL flF PRELIMINARY
PLAT.
Subd. 1 . The Council may require such changes or revi-
sions as it deems necessary for the health, safety, general welfare
and convenience of the City.
Subd. 2. The approval of a preliminary plat is tentative
only, involving merely the general acceptability of the layout as sub-
mitte@.
Subd. 3. Prior to approval of the preliminary plat by the
Council, approval by the City Engineer and other public officials
having jurisdiction will be required of the engineering proposals per-
taining to water supply, storm drainage, sewerage and sewage disposal,
roadway widths and the surfacing of streets.
Subd. 4. No plat will be approved for subdivision which
covers an area subject to periodic flooding or which contains extre-
mely poor drainage facilities and which would make adequate drainage
of the streets and lots difficult or impossible, unless the subdivider
agrees to make improvements which will, in the opinion of the City
� Engineer, make the area completely safe for occupancy, and provide
adequate street and lot drainage.
Subd. 5. No plat will be approved for subdivision that
does not meet the requirements specified in Section 12. 20, Minimum
Subdivision Design Standards, and Section 12 .30 , Public Sites and Open
Spaces.
Source: Ordinance No. 706
Effective Date: 12-11-87.
(Sections 12.13 through 12. 19 , inclusive, reserved for future
expansion. )
� GOLDEN VALLEY CC 306 ( 6-15-90)
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•
MEMORANDUM
� DATE: May 18, 1992
�
T0: Planning Commission
FROM: Mark W. Gries, Director of Planning and Development
RE: Revision to Section 11.60 - Floodplain P�anagement and
Zoning District
In early 1991, the City of Golden Valley received a letter from the Minnesota
Department of Natural Resources (DNR) stating that the City needs to revise its
Floodplain Management Ordinance (attached). The letter states that the City's
Ordinance must be updated in order to be in compliance with standards developed
by the Federal Emergency Management Agency (FEMA) in 1986. FEMA is requiring
the changes of all cities that are a part of the National Flood Insurance
Program (NFIP).
In the early Fall of 1991, I sent a copy of the City's existing Floodplain
Management and Zoning District to the DNR for their review and comments. The
City staff felt that the existing Ordinance is basically a good ordinance and it
may be in compliance with FEMA and DNR standards. On November 6, 1991, I
received a letter (attached) from the DNR giving the Ordinance "Conditional
State Approval " if ten changes were made. Of the ten suggested changes, nine
are minor and the staff believes should be made.
The City staff has the most difficulty with Number 6 in the November 6, 1991,
� letter. The change requested by the DNR would allow no rebuilding of structures
in the floodway if their use is discontinued or destroyed to 50% of current
market value. The current City Ordinance states that non-conforming structures
in the floodway may be altered, enlarged or reconstructed with a special permit
as long as the reconstruction of the non-conforming structure is elevated by
fill , or adequately flood-proofed, to the above regulatory flood protection
elevation.
The staff has reviewed the maps to try to determine the number of structures
that would be affected by the changes suggested by the DNR. The number was
difficult to determine due to type of maps available and changes that have been
made to the floodway in the past few years due to improvement to Bassett Creek.
However, the staff believes that there are 50-200 structures and homes in the
floodway that could not be rebuilt if the DNR change was made.
The staff found this unacceptable. They talked with the DNR and Len Kremer,
staff to the Bassett Creek Water Management Commission. In a meeting last month
between the City, DNR and Len Kremer, alternative language for Subd. 7.B.2 was
developed. It reads:
Special permits will only be granted if a technical
evaluation submitted by the applicant demonstrates
that removal of the site from the floodway and reclassifying
the site as a flood fringe meets all requirements of
Subparagraph A above.
�
� �
w -2-
This change would allow the rebuilding of nonconforming structures but only
after a technical study is done which shows that the reconstruction would not �
haveian adverse affect on other buildings and structures upstream and
downstream. For instance, if filling for the building would not cause the areas
upstrea� to have more flooding potential , the special permit would probably be
issued by the City Council after review by the Bassett Creek Water Management
Commission and the DNR.
The cost of such a technical study would be paid by the applicant wishing to
reclassify their site to the flood fringe whose building is permitted as long as
foundations are above a certain flood elevation (usually done by filling and
floodproofing). I do not know how much such studies cost.
I am attaching a copy of the model ordinance that is referred to in the November
6, 1991 letter. This will allow you to see what changes are suggested when
compared to the City's existing ordinance. The staff finds these minor except
for Number 6 which we believe is resolved with the above new language. In addi-
tion, the staff recommends that the Commission be referred to in the ordinance
by its new name: "Bassett Creek Water Management Commission." These changes
will be made by staff along with any other minor "housekeeping" changes.
Recommendation:
The staff recommends that the Planning Commission approve the changes suggested
by the DNR in their letter dated November 6, 1991 with the exception of Number
6. The following is substituted for Number 6:
Special permits will only be granted if a technical �
evaluation submitted by the applicant demonstrates that
removal of the site from the floodway and reclassifying
the site as a flood fringe meets all the requirements of
Subparagraph A above.
Also, all references to the Commission shall now be to the "Bassett Creek Water
Management Commission." These references are made on pages 269, 270, 273, 274,
275, 276 and 277.
After the Planning Commission recommendation is made, the amendments are sche-
duled to go to the City Council on June 2, 1992. The City P�anager and City
Attorney will be suggesting to the City Council that consideration of these
amendments to the Floodplain Ordinance be adopted until a public informational
meeting is held. This meeting would primarily involve those property owners
along Bassett Creek who may be affected by the change to the Ordinance. At that
public hearing, the City would have experts from the Bassett Creek Water
Management Commission and DNR available to answer questions. This public infor-
mational meeting would probably be held in July or August. After this meeting,
the City Council would then hold the official public hearing on the Ordinance.
MWG:pb
Attachments: •
Letter from MN Department of Natural Resources - January 3, 1991
with attached Sample One District Flood Plain Management Ordinance
Letter from MN Department of Natural Resources - November 6, 1991
Golden Valley City Code Section 11.60. Flood Plain Management and
Zoning District
;.------�--_
STATE OF � Ci���" t'� /
� [�C�]G�O`t�La - ;M�A:.
,,\�//;
DEPARTMENT OF NATURAL RESOURCES �:i
DNR INFORMATlON 500 LAFAYETTE ROAD • ST. PAUL, MINNESO �55155-40
(612)296-6157 r} z.
Januar
y �, 1991 \J \�\\\ � A�'\� ' C^�.�y%� CV
��1\ 0 �°'g� ��'' �:.;:�i ;.,:3; ;=-
\ ���.� i��'Iy� 1�1�£y.1�..�/,Y�,� :�7
� .. ' ' i E�N Vl
�`�' . • �_.� R �', w
Lloyd Becker, Zoning Director • �� . , �,
City of Golden Valley �' '��' .••�� ��^'- �'�rL�Q.S �,�°
� ,. -__, c�
7800 Golden Valley Road '� � ' o,
Golden Valley, MN 55427 '��•� r,��t%�!G6��`�"�`
Dear Mr. Becker:
Enclosed is a new model floodplain ordinance which most closely meets
your community's needs. As you are probably already aware, the
Federal Emergency Management Agency (FEMA) and the Minnesota DNR have
negotiated this model ordinance to reflect the changes in federal
regulations which were actually effective in 1986 . Because of these
changes every community in the National F1ood Znsurance Program is
being required to amend their floodplain zoning ordinances.
� The purpose of this letter is to give your community a chance to
review the model which best relates to your current ordinance, and to
get a head start in the adoption process. Please note that the new
model is also available (at no charge) on floppy disk for a personal
computer. Available formats are Microsoft Word and ASCII.
A draft form of the revised ordinance should be submitted to your Area
Hydrologist for preliminary review so that any omissions or
inconsistencies can be found prior to final adoption. It is a good
idea to amend the zoning ordinance as early as possibTe to avoid any
potential federal sanctions. (Federal law allows only 90 days from the
time of the DNR/Community contact for an ordinance to be amended. )
Although this letter does not constitute your official contact, we
would like to have a copy of your draft ordinance no later than
September l, 1991.
Please feel free to contact your Area Hydrologist (listed below) or
myself (612-296-9224) if you have any questions.
Sincerely, '
� ��
y Boudreau
FEMA-CAP H�drologist
� cc: Mayor Mary Anderson
Ceil Strauss, Area Hydrologist (772-7914)
John Stine, Regional Hydrologist
2�(Z AN EQUAL OPPORTUNITY EMPLOYER
;� SAMPLE cxaE DISTRICT FLOOD PLAIN MANAGEMENT ORDINANCE
bNE-MAP FORMAT
SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE
l.l Statutor Authorization: The legislature of the State of Minr�esota
has—,in 7� inn�Statutes Chapter 104 and
Zoning Enabling Statute �
delegated the responsibility to local government units to adopt
regulations designed to minimize flood lesses. Therefore, the
of , Minnesota does ordair
governing body local unit
as follows:
1.2 Findings of Fact:
1.21 The flood hazard areas of , Minnesota, are
local unit
subject to periodic inundation which results in potential loss of
life, loss of property, health and safety hazards, disruption of
coRUnerce and governmental services, extraordinary public expenditures
for flood protection and relief, and impairment of the tax base, all
of which adversely affect the public health, safety, and general
welfare.
� 1.22 Methods Used to Analyze Flood Hazards. This Ordinance is based
upon a reasonable method of analyzing flood hazards v�hich is
consistent with the standards established by the Minnesota Department
of Natural Resources.
1.3 Statement of Pur ose: It is the purpose of this Orainance to promote the
pu�lic hea th, safety, and general welfare and to minimize those losses
described in Section 1.21 by provisions contained herein.
SECTION 2.0 GENERAL PROVISIONS
2.1 Lands to Which Ordinance A lies: This ordinance shall apply to all
ands w�t �n t e �uris iction o shown on
local unit
the Official Zoning Map and/or the attachments thereto as being located
within the boundaries of the area designated as Zone A.
2.2 Establishment of Official Zonin Ma : The Official Zoning Map together
with a materia s attached thereto is hereby adopted by reference and
declared to be a part of this ordinance. The attached material shall
include the Flood Insurance Study for the prepared by the
ocal unit
Federal Insurance Administration dated , and the Flood
Insurance Rate Map dated therein. The Official Zoning Map
shall be on file in the Office of t� and
the .
'� City C erk County Auditor) (Zoning Administrator)
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2.3 Re ulator Flood Protection Elevation: The Regulatory Flood Protection �
evation s a e an e evation no lower than one foot above the
elevation of the regional flood plus any increases in flood elevation
caused by encroachments on the flood plain that result from designation
of a floodway.
2.4 Interpretation:
2.41 In their interpretation and application, the provisions of this
Ordinance shall be held to be minimum requirements and shall be
liberally construed in favor of the Governing Body and shall not be
deemed a limitation or repeal of any other powers granted by State
Statutes.
2.42 The boundaries of the zoning districts shall be determinEd by
scaling distances on the Official Zoning Map. Where interpretation
is needed as to the exact location of the boundaries of the district
as shown on the Official Zoning Map, as for example where there
appears to be a canflict between a mapped boundary and actual field
conditions and there is a formal appeal of the decision of the Zoning
Administrator, the Board of Adjustment shall make the necessary
interpretation. All decisions will be based on elevations of the
regional (100-year) flood profile and other available technical data.
Persons contesting the location of the district boundaries shall be
given a reasonable opportunity to present their case to the Board and
to submit technical evidence.
2.5 Abrogation and Greater Restrictions: It is not intended by this �
Ordinance to repeal , abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this Ordinance imposes
greater restrictions, the provisions of this Ordinance sha17 prevail .
All other ordinances inconsistent with this Ordinance are hereby repealed
to the extent of the inconsistency only.
2.6 Warnin and Disclaimer of Liabilit : This Ordinance does not imply that
areas outs� e t e oo p ain istricts or land uses permitted within
such districts wi11 be free from flooding or flood damages. This
Ordinance shall not create liability on the part
of or any officer or employee thereof for any
name o oca un�t
flood damages that result from reliance on this Ordinance or any
administrative decision lawfully made thereunder.
2.7 Severability: If any section, clause, provision, or portion of this
Ordinance is adjudged unconstitutional or invalid by a court of competent
jurisdiction, the remainder of this Ordinance shall not be affected
thereby.
2.8 Definitions: Unless specifically defined below, words or phrases used in
t is r inance shall be interpreted so as to give them the same meaning
ds they have in common usage and so as to give this Ordinance its most
reasonable application.
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2.811 Accessory Use or Structure - a use or structure on the same lot
�- with, and of a nature customarily incidental and subordinate tc,
the principal use or structure.
2.812 Basement - means any area of a structure, ir�cluding crawl spaces,
having its floor or base subgrade (below ground level ) on al� four
sides, regardless of the depth of excavation below ground level .
2.813 Conditional Use - means a specific type of structure or land use
listed in the official control that may be allowed but only after
an in-depth review procedure and with appropriate conditions or
restrictions as provided in the official zoning controls or
buiiding cades and upon a finding that: (1) certain conditions as
Getailed in the zoning ordinance exist and (2) the structure and/or
land use conform to the comprehensive land use plan if one exists
und are compatible with the existing neighborhood.
2.814 Equal Degree of Encroachment - a method of determining the location
of f oadway boundaries so that flood plain lands on both sides of a
stream are capable of conveying a proportionate share af fiood
flows.
2.815 Flood - a temporary increase in the flow or stage of a stream or in
the stage of a wetland or lake that results in the inundation of
normally dry areas.
2.816 Flood Fre uenc - the frequency for which it is expected that a
specific f oo stage or discharge may be equalled or exceeded.
2.817 Flood Fringe - that portion of the flood plain outside of the
floodway. Flood fringe is synonymous with the term "floodway
� fringe" used in the Flood Insurance Study for
—j�Toca um t �
2.818 Flood Plain - the beds proper and the areas adjoining a wetland,
lake or watercourse which have been or hereafter may be covered by
the regional flood.
2.819 Flood-Proofing - a combination of structural provisions, changes,
or adjustments to properties and structures subject to flooding,
primarily for the reduction or elimination �f flood damages.
2.820 Floodway - the bed of a wetland or lake and the channel of a
watercourse and those portions of the adjoining flood plain which
are reasonably required to carry or store the regional flood
discharge.
2.821 Obstruction - any dam, wall , wharf, embankment, levee, dike, pile,
abutment, projection, excavation, channel modification, culvert,
building, wire, fence, stockpile, refuse, fill , structure, or
matter in, along, across, or projecting into any channel ,
watercourse, or regulatory flood plain which may impede, retard, or
change the direction of the flow of water, either in itself or by
catching or collecting debris carried by such water.
2.822 Principal Use or Structure - means all uses or structures that are
not accessory uses or structures.
2.823 Reach - a hydraulic engineering term to describe a longitudinal
segment of a stream or river influenced by a natural or man-made
obstruction. In an urban area, the segment of a stream or river
between two consecutive bridge crossings would most typically
constitute a reach.
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2.824 Re ional Flood - a flood which is representative cf large floods �
nown to ave occurred generally in Minnesota and reasonably
characteristic of what can be expected to occur on an average
frequency in the magnitude of the lOC-year recurrence interval .
Regional flood is synonymous with the term "base flood" used in the
Flood Insurance Study.
2.825 Re ulator Flood Protection Elevation - The Regulatory Flood
Protection evation s a e an e evation no lower than one foot
above the elevatian of the regional flood plus any increases in
flaod elevation caused by encroachments on the flood plain that
result from designation of a floodway.
2.826 Structure - anything constructed or erected on the ground or
attached to the ground or on-site utilities, including, but not
limited to, buildings, factories , sheds, detached garages, cabins,
manufactured homes, travel trailers/vehicles not meeting the
exemption criteria specified in Section 7.11 of the ordinance and
other similar items.
2.827 Variance - means a modification of a specific permitted development
standar� required in an official control including this ordinance
to allow an alternative development standard not stated as
acceptable in the official control , but only as applied to a
particular property for the purpose of alleviating a hardship,
practical difficulty or unique circumstance as defined and
elaborated upon in a community's respective planning and zoning
enabling legislation.
SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS �
3.1 Floodplain District. The Floodplain District shall include those
areas designated as Zone A on the Flood Insurance Rate Map adopted in
Section 2.2.
3.2 Compliance: No new structure or land shall hereafter be used and no
structure shall be located, extended, converted, or structurally altered
without full compliance with the terms of this Ordinance and other
applicable regulations which apply to uses within the jurisdiction of
this Ordinance. Within the Floodplain District, all uses not listed as
permitted uses or conditional uses in Sections 4.0 and 5.0 that follow,
respectively, shall be prohibited. In addition, a caution is provided
here that:
3.21 New manufactured homes, replacement manufactured homes and
certain travel trailers and travel vehicles are subject to the
general provisions of this Ordinance and specifically Section 7.0;
3.22 Modifications, additions, structural alterations or repair after
damage to existing nonconforming structures and nonconforming uses of
structures or land are regulated by the general provisions of this
Ordinance and specifically Sectian 9.0; and
3.23 As-built elevations for elevated or flood proofed structures
must be certified by ground surveys and f7ood proofing techniques
must be designed and certified by a registered professional engineer
or architect as specified in the general provisions of this Ordinance
and specifically as stated in Section 8.0 of this Ordinance. �
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� SECTION 4.0 FLOODPLAIN DISTRICT
4.1 Permitted Uses:
4.11 General farming, pasture, grazing, outdoor plant nurseries,
horticulture, truck farming, forestry, sod farming, and wild crop
harvesting.
4.12 Industrial-commercial loadirg areas, parking areas, and airport
landing strips.
4.13 Private and public golf courses, tennis courts, driving ranges,
archery r�nges, picnic grour�ds, boat launching ramps, swimming areas,
parks, wildlife and nature preserves, game farms, fish hatcheries,
shooting preserves, target ranges, trap and skeet ranges, hunting and
fishing areas, and singTe or muitipie purpose recreational traiis.
4.14 Residential lawns, gardens, parking areas, and play areas.
4.2 Standards for Floodplain Permitted Uses:
4.21 The use shall have a low flood damage potential .
4.22 The use shall be permissible in the underlying zoning district if
one exists.
� 4.23 The use shall not obstruct flood flows or increase flood elevations
and shall not invelve structures, fill , obstructions, excavations or
storage of materiais or equipment.
4.3 Conditional Uses:
4.31 Structures accessory to the uses listed in 4.1 above
and the uses listed in 4.32-4.38 below.
4.32 Extraction and storage of sand, gravel , and other materials.
4.33 Marinas, boat rentals, docks, piers, wharves, and water contrel
structures.
4.34 Railroads, streets, bridges, utility transmission lines, and
pipelines.
4.35 Storage yards for equipment, machinery, or materials.
4.36 Placement of fill .
4.37 Travel trailers and trave] vehicles either on individual lots of
record or in existing or new subdivisions or cotranercial or
condominium type campgrounds, subject to the exemptions and
� provisions of Section 7.1 of tMis Ordinance.
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4.38 Structural works for flood control such as levees, dikes and �;
floodwalls constructed to any height where the intent is to protect
individual structures and levees or dikes where the intent is to
protect agricultural crops for a frequency flood event equal to or
less than the 10-year frequency flaod event.
4.4 Standards for Floodway Conditional Uses:
4.41 All Uses. No structure (temporary or permanent) , fill (including
fill for roads and levees) , deposit, obstruction, storage of
materials or equipment, or other uses may be allowed as a Conditional
Use that will cause any increase in the stage of the I00-year or
regional flood or cause an increase in flood damages in the reach or
reaches affected.
4.42 All floodway Conditional Uses shall be subject to the procedures
and standards contained in Section 8.4 of this ordinance.
4.43 The conditional use shall be permissible in the underlying zoning
district if one exists.
4.44 Fill :
(a) Fill , dredge spoil and all other similar materials deposited or
stored in the flood plain shall be protected from erosion by
ve etative cover, mulching, riprap or° other acceptable method.
(b� Oredge spoil sites and sand and gravel operations shall not be�
allowed in the floodway unless a long-term site development plan is
submitted which includes an erosion/sedimentation prevention element
to the plan.
(c) As an alternative, and consistent with Subsection (b)
immediately above, dredge spoil disposal and sand and gravel
operations may allow temporary, on-site storage of fill or other
materials which would have caused an increase to the stage of the
100-year or regional flood but only after the Governing Body has
received an appropriate plan which assures the removal of the
materials from the floodway based upon the flood warning time
available. The Conditional Use Permit must be title registered with
the property in the Office of the County Recorder.
4.45 Accessory Structures:
(a) Accessory structures shall not be designed for human habitation.
(b) Accessory structures, if permitted, shall be constructed and
placed on the building site so as to offer the minimum obstruction
to the flow of flood waters. '
(1) Whenever possible, structures shall be constructed with the
longitudinal axis parallel to the direction of flood flow, and,
(2) So far as practicable, structures shall be placed
approximately on the same flood flow lines as those of ad,joining
structures.
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� (c) Accessory structures shall be elevated on fill or structurally
dry flood proofed in accordance with the FP-1 or FP-2 flood
proofing classifications in the State Building Code. As an
alternative, an accessory structure may be flood proofed to the
FP-3 or FP-4 flood proofing classificaticn in the State Building
Code provided the accessory structure constitutes a minimal
investment, does not exceed 500 square feet in size, and for a
detached garage, the detached garage must be used solely for
parking of vehicles and limited storage. All rlood proofed
accessory structures must meet the following additional standards,
as appropriate:
(1; The structurE R�ust be a�equately ar�chored to prevent
flotation, collapse or lateral movement of the structure ar,d shall
be designed to equalize hydrostatic flood forces on exterior walls;
and
(2) Any mechanical «nd utility equipment in a structure must be
elevated to or above the Regulatory Flood Protection Elevation or
proper)y flood proofed.
4.46 Storage of Materials and Equipment:
(a) The storage or processing of materials that are, in time of
flooding, flammable, explosive, or potentially injurious to human,
animal , or plant life is prohibited.
� (b) Storage of other materials or equipment may be allowed if
readily removable from the area within the time available after a
flood warning and in accordance with a plan approved by the
Governing Body.
4.47 Structural works for flood control that will change the course,
current or cross section of protected wetlands or public waters shall
be subject to the provisions of Minnesota Statute, Chapter 105.
Community-wide structural works for flood control intended to remove
areas from the regulatory flood plain shall not be allowed in the
floodway.
4.48 A levee, dike or floodwall constructed in the floodway shall not
cause an increase to the 100-year or regional flood and the technical
analysis must assume equal conveyance or storage loss on both sides
of a stream.
SECTION 5.0 Reserved for Future Use
SECTION 6.0 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES
6.1 Public Utilities. All public utilities and facilities such as gas,
electrica , sewer, and water supply systems to be located in the flood
plain shall be flood-proofed in accordance with the State Building Code
or elevated to above the Regulatory Flood Protection Elevation.
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6.2 Public Trans ortation Facilities. Railroad tracks, roads, and bridges to �
e ocated wit �n t e ood plain shall comply with Sectiors 4.0 of this '
Ordinance. Elevation to the Regulatory Flood Protection Elevation shall
be provided where failure or interruption of these transportation
facilities would result in danger to the public health or safety or where
such facilities are essential to the orderly functioning of the area.
Minor or auxiliary roads or railroads may be constructed at a lower
elevation where failure or interruption of transportation services a�ould
not endanger the public health or safety.
6.3 On-site Sewa e Treatment and Water Su 1 S stems: Where public
uti ities are not provided: n-site water supp y systems must be
designed to minimize or eliminate infiltration of flood waters into the
systems; and 2) New or replacement on-site sewage treatment systems must
be designed to minimize or eliminate infiltration of flood waters into
the systems and discharges from the systems into flood waters and they
shall not be subject to impairment or contamination during times of
flooding. Any sewage treatment system designed in accordance with the
State's current statewide standards for on-site sewage treatment systems
shall be determined to be in compliance with this Section.
SECTION 7.0 PLACEMENT OF TRAVEL TRAILERS AND TRAVEL VEHICLES.
7.1 Travel trailers and travel vehicles that do not meet the exemption
criteria specified in Section 7.11 below shall be subject to the
provisions of this Ordinance and as specifically spelled out in Sections�
7.13-7.14 below.
7.11 Exemption - Travel trailers and travel vehicles are exempt from the
provisions of this Ordinance if they are placed in any of the areas
listed in Section 7.12 below and further they meet the following
criteria:
(a) Have current licenses required for highway use.
(b) Are highway ready meaning on wheels or the internal jacking
system, are attached to the site oniy by quick disconnect type
utilities commonly used in campgrounds and trailer parks and the
travel trailer/travel vehicle has no permanent structural type
additions attached to it.
(c) The travel trailer or travel vehicle and associated use must be
permissible in any pre-existing, underlying zoning use district.
7.12 Areas Exempted For Placement of Travel/Recreational Vehicles:
(a) Individual lots or parcels of record.
(b) Existing commercial recreational vehicle parks or campgrounds.
(c) Existing condominium type associations.
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7.33 Travel trailers and travel vehicles exempted in Section 9.31 lose
� this exem tion when develo ent occurs on the arcel exceedin
dollars for a structural �addition to the t avel trailer/t a ef
vehicle or an accessory structure such as a garage or storage
building. The travel trailer/travel vehicle and a11 additions and
accessory structures will then be treated as a new structure and
shall be subject to the elevation/flood proofing requirements and the
use of land restrictions specified in Sections 4.0 of this Ordinance.
7.14 New commercial travel trailer or travel vehicle parks or
campgrounds and new residential type subdivisions and condominium
associations and the expansion of any existing similar use exceeding
five (5) units or dwelling sites shall be subject to the following:
(a) Any new or replacement travel trailer or travel vehicle will �e
allowed in the Floodway or Flood Fringe Districts provided said
trailer or vehicle and its contents are placed on fill above the
Reguiatory Flood Protection Elevation and proper elevated road
access to the site exists. Any fill placed in a floodway for the
purpose of elevating a travel trailer shall be subject to the
requirements of Section 4.0.
(b) Al1 new or replacement travel trailers er travel vehicles not
meeting the criteria of (a) above may, as an alternative, be
allowed as a Ccnditional Use if in accordance with the following
provisions and the provisions of 8.4 of the Ordinance. The
� applicant must submit an emergency plan for the safe evacuation of
all vehicles and people during the 100 year flood. Said plan shall
be prepared by a registered engineer or other qualified individual
and shall demonstrate that adeGuate time and personnel exist to
carry out the evacuation. All attendant sewage and water
facilities for new or replacement travel trailers or other
recreational vehicles must be protected or constructed so as to not
be impaired or contaminated during times of flooding in accordance
with Section 6.3 of this Ordinance.
SECTION 8.0 ADMINISTRATION
8.1 Zoning Administrator: A Zaning Administrator designated by the
Governing Body sha 1 administer and enforce this Ordinance. If the
Zoning Administrator finds a violation of the provisions of this
Ordinance the Zoning Administrator shall notify the person
responsible far such violation in accordance with the procedures
stated in Section 10.0 of the Ordinance.
8.2 Permit Requirements:
8.21 Permit Required. A Permit issued by the Zoning
Administrator in conformity with the provisions of this Crdinance
shall be secured prior to the erection, addition, or alteraticn of
any building, structure, or portion thereof; prior to the use or
change of use of a building, structure, or land; prior to the charge
� or extension of a nonconforming use; and prior to the placemEnt of
fill , excavation of materials, or the storage of materiais or
equipment within the flood plain.
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8.22 Application for Permit. Application for a Permit shall
be made in duplicate to the Zoning Administrator on forms furnished �
by the Zoning Administrator and shall include the following where
applicable: plans in duplicate drawn to scale, showing the nature,
location, dimensions, and elevations of the lot; existing or proposed
structures, fill , or storage af materials; and the location of the
foregoing in relation to the stream channel .
8.23 State and Federal Permits. Prior to granting a Permit or
processing an application for a Conditional Use Permit or Variance,
the Zoning Administrator shall determine that the applicant has
obtained all necessary State and Federal Permits.
8.24 Certificate of Zoning Compliance for a New, Altered, or
Nonconforming Use. It shall be unlawful to use, occupy, or permit
the use or occupancy of any building or premises or part thereof
hereafter created, erected, chaFlged, converted, altered, or enlarged
in its use or structure until a Certificate of Zoning C anpliance
shall have been issued by the Zoning Administrator stating that the
use of the building or land conforms to the requirements of this
Ordinance.
8.25 Construction and Use to be as Provided on Applications, Plans,
Permits, Variances and Certificates of Zoning Compliance. Permits,
Conditional Use Permits, or Certificates of Zoning Compliance issued
on the basis of approved plans and applications authorize only the
use, arrangement, and construction set forth in such approved plans �
and applications, and no other use, arrangement, or construction.
Any use, arrangement, or construction at variance with that
authorized shall be deemed a violation of this Ordinance, and
punishable as provided by Section 10.0 of this Ordinance.
8.26 Certification. The applicant shall be required to submit
certification by a registered professional engineer, registered
architect, or registered land surveyor that the finished fill and
building elevations were accomplished in compliance with the
provisions of this ordinance. Flood-proofing measures shall be
certified by a registered professional engineer or registered
architect.
8.27 Record of First Floor Elevation. The Zoning Administrator shall
maintain a record of the elevation of the lowest floor (including
basement} of all new structures and alterations or additions to
existing structures in the flood plain. The Zoning Administrator
shall also maintain a record of the elevation to which structures and
alterations or additions to structures are flood-proofed.
8.3 Boa rd of Adjustment:
8.31 Rules. The Board of Adjustment shall adopt rules for the
conduct of business and may exercise all of the powers conferred on
such Boards by State law.
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� 8.32 Administrative P,eview. The Board shall hear and decide appeals
° where it is alleged there is error in any order, requirement,
decision, or determination made by an administrative official in the
enforcement or administration of this Ordinance.
8.33 Variances. The Board may authorize upon appeal in specific
cases such relief or variance from the terms af this Ordinance as
will not be contrary to the public interest and only for those
circumstances such as hardship, practicai difficulties or
circunstances unique to the property under consideration, as provided
for in the respective enabling legislation for planning and zoning
for cities or counties as appropriate. In the granting of such
variance, the Board of A�justment shall clearly identify in writing
the specific conditions that existed consistent with the criteria
specified in the respective enabling legislation which justified the
granting of the variance. No Variance shall have the effect of
allowing in any district uses prohibited in that district, permit a
lower degree of flood protection than the Regulatory Flood Protection
Elevation for the particular area, or permit standards lower than
those required by State law.
8.34 Hearings. Upon filing with the Board of Adjustment of an appeal
from a decision of the Zoning Administrator, or an application for a
variance, the Board shall fix a reasonable time for a hearing and
give due notice to the parties in interest as specified by law.�7he
� Board shall submit by mail to the Commissioner of Natural Resources a
copy of the application for proposed Variances sufficiently in
advance so that the Commissioner will receive at least ten days
notice of the hearing.�
8.35 Decisions. The Board shall arrive at a decision on such appeal
or Variance within days. In passing upon an appeal , the
Board may, so long as such action is in conformity with the
provisions of this Ordinance, reverse or affirm, wholly or in part,
or modify the order, requirement, decision or determination of the
Zoning Administrator or other public official . It shall make its
decision in writing settin5 forth the findings of fact and the
reasons for its decisions. In granting a Variance the Board may
prescribe appropriate conditions and safeguards such as those
specified in Section 8.46, which are in conformity with the purposes
of this Ordinance. Violations of such conditions and safeguards,
when made a part of the terms under which the Variance is granted,
shall be deem d a violation of this Ordinance punishable under
Section 10.0. A copy of all decisions granting Variances shall be
forwarded by ma� to the Commissioner of Natural Resources within ten
(10) days of such action�
8.36 Appeals. Appeals from any decision of the Board may be made, and
as specified in this Community's Offical Controls and also Minnesota
Statutes.
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8.37 Floud Insurance Notice and Record Keeping. The Zoning
Administratar shall notify the applicant for a variance that: 1) The
issuance of a variance ta construct a structure below the base flood
level will result ir� increased premium rates for flood insurance up
to amounts as high as $25 for $?CO af insurance coverage and 2) Such
construction below the 100-year or regional flood level increases
risks t� life and property. Such notification shall be maintained
with a record of all variance actions. A community shall maintain a
record of all variance actions, including justification for their
issuance, and report such variances issued in its annual or biennial
report submitted to the Administrator of the National Flood Insurance
Program.
8.4 Conditional Uses. The
Governing Bo y anning orrnn. B . of djust.
shall hear and decide applications for Conditional Uses permissible
under this Ordinance. Applications shall be submitted to the Zoning
Administrator who shall forward the application to
for consideration.
Designated Body
8.41 Hearings. Upon filing with the an
esignated Body
application for a Conditional Use Permit, the
(Designated Body)
shall submit by mail to the Commissioner of Natural Resources a copy
of the application for proposed Conditional Use sufficiently in�
advance so that the Commissioner will receive at least ten days
notice of the hearing.
8.42 Decisions. The shall arrive at a decision
esignate o y
on a Conditional Use within days. In grarting a
Conditional Use Permit the shall prescribe
Designated Body
appropriate conditions and safeguards, in addition to those specified
in Section 8.46, which are in conformity with the purposes of this
Ordinance. Violations of such conditions and safeguards, when made a
part of the terms under which the Conditional Use Permit is granted,
shall be deemed a violation of this Ordinance punishable under
Section 10.0. A copy of all decisions granting Condrtion�l -t�se-�-.
Permits shall be forwarded by mail to the Commissioner of Natural
Resources within ten (10) days of such action�
8.43 Procedures to be followed by the in Passing
Designate ody
on Conditional Use Permit Applications Within all Flood Plain
Districts.
(a) Require the applicant to furnish such of the following
information and additional information as deemed necessary by the
for determining the suitability of �
Designated Body
the particular site for the proposed use:
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\� (1) Plans in triplicate drawn to scale showing the nature,
location, dimensions, and elevation of the lot, existing or
proposed structures, fill , storage of materials, flood-proofing
measures, and the relationship of the above to the locatian of the
stream channel .
(2) Specifications for building construction and materials,
flood-proofing, filling, dredging, grading, channel improvement,
storage of materials, water supply and sanitary facilities.
(b) Transmit one copy of the information described in subsection (a)
to a designated engineer or other expert person or agency for
technical assistance, where necessary, in evaluating the proposed
project in relati�n to flood heights and velocities, the
seriousness of flood damage to the use, the adequacy of the plans
for protection, and other technical matters.
(c) Based upon the technical evaluation of the desiynated engineer
or expert, the shali determine the
Designated Budy)
specific flood hazard at the site and evaluate the suitability of
the proposed use in relation to the flood hazard. -
8.44 Factors Upon Which the Decision of the
Des i gnated Body
Shall Be Based. In passing upon Conditional Use applications, the
� shall consider all relevant factors
Designated Body
specified in other sections of this Ordinance, and:
{a) The danger to life and property due to increased flood heights
or velocities caused by encroachments.
(b) The danger that materials may be swept onto other lands or
downstream to the injury of others or they may block bridges,
culverts or other hydraulic structures.
(c) The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination, and
unsanitary conditions.
(d) The susceptability of the proposed facility and its contents to
flood damage and the effect of such damage on the individual
owner.
(e) The importance of the services provided by the proposed facility
to the community.
(f) The requirements of the facility for a waterfront location.
(g) The availability of alternative locations not subject to
flooding for the proposed use.
(h) The compatability of the proposed use with existing development
and development anticipated in the forseeable future.
(i) The relationship of the proposed use to the comprehensive plan
and flood plain management program for the area.
(j) The safety of access to the property in times of flood for
ordinary and emergency vehicles.
�'� (k) The expected heights, velocity, duration, rate of rise, and
sediment transport of the flood waters expected at the site.
(i ) Such other factors which are relevant to the purposes of this
Ordinance.
-13-
8.45 Time for Acting on Application. The shall �
esignate o y �
act on an application in the manner described above within
days from receiving the application, except that where additional
information is required pursuant to 8.44 of this Ordinance. The
shall render a written decision within
Designated Bady
days from the receipt of such additional information.
8.46 Conditions Attached to Conditional Use Permits. Upon
consideration of the factors listed above and the purpose of this
Ordinance, the shall attach such conditions
Designated Body
to the granting of Conditional Use Permits as it dEems necessary to
fulfill the purposes of this Ordinance. Such conditions may inciude,
but are not limited to, the following:
(a) Modification of wasLe treatment and water supply facilities.
{b) Limitations on period of use, occupancy, and operation.
(c) Imposition of operational controls, sureties, and deed
restrictions.
(d) Requirements for construction of channel modifications,
compensatory storage, dikes, levees, and other protective measures.
(e) Flood-proofing measures, in accordance with the State Building
Code and this Ordinance. The applicant shall submit a plan or
document certified by a registered professional engineer or
architect that the flood-proofing measures are consistent with the
Regulatory Flood Protection Elevation and associated flood factors
for the particular area.
SECTION 9.0 NONCONFORMING USES
9.1 A structure or the use of a structure or premises which was lawful
before the passage or amendment of this Ordinance but which is not in
conformity with the provisions of this Ordinance may be continued
subject to the following conditions:
9.11 No such use shall be expanded, changed, enlarged, or altered in a
a way which increases its nonconformity.
9.12 Any alteration or addition to a nonconforming structure or
nonconforming use which would resuTt in increasing the flood damage
potential of that structure or use shall be protected to the
Regulatory Flood Protection Elevation in accordance with any of the
elevation on fill or flood proofing techniques ( i .e. , FP-1 thru
FP-4 floodproofing classifications) allowable in the State Building
Code, except as further restricted in 9.13 below.
9.13 The cost of any structural alterations ' to any
nonconforming structure over the life of the structure shall net
exceed 50 percent of the market value of the structure unless the
conditions of this Section are satisfied. The cost of all structural
alterations and additions constructed since the adoption of th�}
Community's initial flood plain controls must be calculated into
today's current cost which will include a11 costs such as
-14-
� construction materials and a reasonable cost placed on all manpower
or labor. If the current cost of ali previous and proposed
alterations and additions exceeds 50 percent of the current market
value of the structure, then the structure must meet the standards of
Section 4.0 of this Ordinance for new structures.
9.14 If any nonconforming use is discontinued for 12 consecutive
months, any future use of the building premises shall conform to this
Ordinance. The assessor shall notify the Zoning Administrator in
writing of instances of nonconforming uses which have been
discontinued for a period of 12 months.
9.15. If any nonconforming use or structure is destroyed by any means,
including floods, to an extent of 50 percent or more if its market
value at the time of destruction, it shall not be reconstructed
except in conformity with the provisions of this Ordinance. The
applicable provisions for establishing new uses or new structures in
Sections 4.0 will apply.
SECTION 10.0 PENALTIES FOR VIOLATION
10.1 Violation of the provisions of this Ordinance or failure to comply with
any of its requirements (including violations of conditions and
safeguards established in connection with grants of Variances or
Conditional Uses) shall constitute a misdemeanor and shall be punishable
� as defined by law.
10.2 Nothing herein contained shall prevent the from taking
oca unit
such other lawful action as is necessary to prevent or remedy any
violation. Such actions may include but are not limited to:
i0.21 In responding to a suspected ordinance violation, the Zoning
Administrator and Local Government may utilize the full array of
enforcement actions available to it including but not limited to
prosecution and fines, injunctions, after-the-fact permits, orders
for corrective measures or a request to the National Flood Insurance
Pragram for denial of flood insurance availability to the guilty
party. The cortgnunity must act in good faith to enforce these
official controls and to correct ordinance violations to the extent
possible so as not to jeopardize its eligibility in the National
Flood Insurance Program.
10.22 When an ordinance violation is either discovered by or brought to
the attention of the Zoning Administrator, the Zoning Administrator
shall imnediately investigate the situation and document the nature
and extent of the violation of the official control . As soon as is
reasonably p�ssible, this information will be submitted to the
appropriate Department of Natural Resources' and Federal Emergency
Management Agency Regional Office along with the Community's plan of
action to correct the violation to the degree possible.
�
-15-
10.23 The Zoning Administrator shall notify the suspected party of the �
requirements of this Ordinance and all other Official Controls and
the nature and extent of the suspected violation of these controls.
If the structure and/or use is under construction or development, the
Zoning Administrator may order the construction ar �evelopment
immediately halted until a proper permit or approval is gr•anted by
the Community. If the construction or development is already
completed, then the Zoning Administratcr may either (1) issue an
order identifying the corrective actions that must be made within a
specified time period to bring the use or structure into compliance
with the official controls, or (2) notify the responsible party to
apply for an after-the-fact permit/development approval within a
specified period of time not to exceed 30-days.
10.24 If the responsible party does not appropriately respond to the
Zoning Administrator within the specified period of time, each
additional day that lapses shall constitute an «dditional violation
of this Ordinance and shall be prosecuted accordingly. The Zoning
Administrator shall also upon the lapse of the specified response
period notify the landowner to restore the lard to the condition
which existed prior to the vioiation of this Ordinance.
SECTION 11.0 AMENDMENTS
The flood plain designation on the Official Zoning Map shall not be removed from
flood plain areas unless it can be shown that the designation is in error or that the
area has been filled to cr above the elevation of the regional flood and is contiguous�
to lands outside the flood plain. Special exceptions to this rule may be permitted by
the Commissioner of Natural Resources if he determines that, through other measures,
lands are adeGuately protected for the intended use.
All amendments to this Crdinance, including amendments to the Official Zoning
Map, must be submitted to and approved by the Corr�issioner of Natural Resources prior
to adoption. Changes in the Gfficial Zoning Map must meet the Federal Emergency
Management Agency's (FENiA) Technical Conditions and Criteria and must receive prior
FEMA approval before adoption. The Commissioner of Natural Resources must be given
10-days written notice of all hearings to consider an amendment to this Ordinance and
said notice shall include a draft of the ordinance amendment or technical study under
consideration.
' �
-16-
STATE OF �����M�
����S��L�.� `�0�/�� ' °�
� DErARTMENT OF NATURAL RESOURCES ,�
500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA • 55155-40
DNR INFORMATION
(612) 296-6157
ivovember 6, 1991
hiark W. Grimes, Director
Planning and Development
City of Golden Valley
Civic Center
7800 Golden Valley Road
Golden Valley, MN 55427
Dear Mr. Grimes:
CONDITIOPlAL STATE APPROVAL OF FLOODPLAIN ORDINANCE
The Department of Natural Resources has completed its review of the ordinance
the City of Golden Valley is currently administering. The ordinance was
entitled Sec. 11.60 Flood Plain Management and Zoning District.
� Our review determined that the ordinance was not totally compliant with
"Statewide Standards and Criteria for Management of Floodplain Areas of
Minnesota," Minnesota Regulations, Parts 6120.5000 to 6120.6200. Please take
appropriate steps to revise the ordinance consistent with the following listed
items:
1. In Sec. 11.60, Subd. 2, Statutory Authority, change the statutory
reference to the new, recodified Minnesota Statutes, Chapter 103F.
2. In Subd. 4. B. Establishment of Flood Plain Zone, cite the most current
date of the Flood Insurance Rate Map of 8/19/86. In the same section
add all but the last sentence of 4.2 Floodways, part d, from page 14 of
the Flood Insurance Study for Golden Valley, dated 8/19/86.
3. In Subd. 5. B. 3. , the sentence should say "Evaluate the effects. ..".
4. In Subd. 7. Special Uses; Permits, A. General Rules, add the phrase "or
flood damages." to the end of the first sentence.
5. In Subd. 7. B. 1. Filling, add the language from Sec. 4.44 (a) and (b)
from the model ordinance. Subsection (c) is optional .
6. In Subd. 7. B. 2. Reconstruction or Alteration of Non-Conforming
Structures, it must be clearly stated that any addition to a
non-conforming structure is prohibited. Since the entire flood plain
� district is classified as floodway, structures of any kind are
prohibited and existing structures must be removed as soon as their use
is discontinued or destroyed to over 50 percent of current market value.
AN EQUAL OPPORTUNITY EMPLOYER
Page Two �
7. In Subd. 8. C. Review (Special Permits) , add all the language from Sec.
8.41 and the last sentence of Sec. 8.42 (DNR notification) from the
model ordinance.
8. In Subd. 9. Variances, B. Application, add the ]ast sentence cf Sec.
8.34 of the model and in Subd. 9. C. Action by the Board of Zoning
Appeals, add the last sentence of Sec. 8.35 of the model .
9. In Subd. 15. Non-Conforming Obstructions, Uses and Structures; Lapse,
Destruction, A. 1. - expansions or additions to existing structures
must be prohibited. Subd. 15.3 should state that the level of damage
or destruction should be based on current market value of the
structure. Also add the language from Sec. 9.13 of the model �vith the
word addition deleted.
10. Replace the language in Subd. 19. Amendments with the language from
Sec. 11.0 Amendments of the model .
We anticipate that you agree to make these amendments to the draft ordinance
prior to holding the public hearing. Consequently, on behalf of the
Commissioner of Natural Resources, I hereby conditionally certify state approval
of the above cited ordinance in accordance with Minnesota Statutes, Section �
103F.
This approval is valid upon receipt (within 90 days) of three (3) certified,
signed copies of the formally adopted ordinance (including the necessary
revisions cited above) and a completed copy of the Ordinance Certification
Checklist (attached) by Area Hydrologist Ceil Strauss located at the following
address:
DPaR-Division of Waters
1200 Warner Road
St. Paul , MN 55106
772-7910
Any changes of the subject draft ordinance prior to adoption (other than those
cited above) must be approved by this agency prior to adoption before they can
be considered valid. Also be advised that any future amendments of this
ordinance or change in the designation of flood prone areas requires prior
approval of the Commissioner.
Note that you are required to send copies of hearing notices and final decisions
relating to variances and conditional use permits relating to this ordinance to
the Department. Please send these directly to Area Hydrologist Ceil Strauss and
rely on her for assistance in administering your ordinance.
�
� Page Three
Since your administration of a floodplain zoning ordinance is a pre-requisite cf
your eligibility ir the National Flood Insurance Program, a certified copy of
the adopted ordinance will be sent by this office to the Federal Emergency
Management Agency.
Your cooperation and initiative in providing for the reduction in flood damage
through the administration of this ordinance is greatly appreciated.
Sincerely,
/.
D OF W
l�� ����������
Paul Swenson, Acting Administrator
Permits and Land Use Section
PS/BA:fw
Enclosure
. � cc: John Stine, �tegitm�ai �dro�ogist -
� Ceil Strauss, Area Hydrologist
David Schein, FEMA
` (_� (��� �.,� '� '? � ' ��Z t ��
�F-'
�
� § 11.60
SEC. 11.60. FLOOD PLAIN MANAGEMSNT AND ZONING DISTRICT.
Subd.. 1. Policy.
A. It is found and deter mined by the Council that
the lands within the flood plains of Bassett's Creek in their
natural state are an invaluable land resource; that development
within the flood plains must be regulated on the basis of and with
proper consideration of the impact on the total Creek along its
full length; that lands within the flood plains are or may be
subject to loss or imprudent improvement of value through uncoordi-
nated and unplanned development; that the proper management of
development of such lands is essential to avoid rapid runoff of
surface waters, to prevent pollution of the Creek, to preserve
adequate ground water infiltration, to protect surface waters, to
prevent pollution of the Creek, to protect surface and ground water
supplies, to minimize periodic flooding resulting in loss of life
and property, to prevent interruption of governmental services and
extraordinary public expenditures; to control runoff and impairment
of the tax base; all of which adversely affect the public health,
safety and welfare.
B. Purpose. It is the purpose of this Section to
� guide and regulate the orderly development of land within the flood
plain by establishing a system of management of the flood plain to
effectuate the policy set forth in Subparagraph A, above. It is
further the intent of this Section to establish a uniform flood
plain management program, consistent with the needs of individual
cities, for all cities having lands within the flood plain of
Bassett's Creek, to maximize the coordinated efforts of all members
of the Bassett's Creek Flood Control Com mission in flood plain
management, and to secure for the benefit of the citizens of Golden
Valley the benefits of the National Flood Insurance Act of 1968 as
amended.
Subd. 2. Statutory Authority. This Section is enacted
pursuant to Minnesota Statutes, Chapter 104.
Subd. 3. Definitions. The following terms, as used in
this Section, shall have the meanings stated:
1. "Commissioner" means the Commissioner of the
Minnesota Department of Natural Resources.
Source: Ordinance No. 417
Effective Date: 3-7-75
2. "Flood Plain" means those areas within the City
which both: (aj abut and are contiguous to Bassett's Creek and its
� tributaries; and which (b) are subject to flooding on the basis
that they lie below the elevations shown on the Official Flood Zone
GOLDEN VALLEY CC 268 (6-30-88)
§ 11.60 �
Profile hereby adopted by reference. Only those areas meeting both
conditions (a) and (b) above shall be included.
Source: Ordinance No. 447
Effective Date: 7-2-76
3. "Obstruction" means any storage of material or
equipment, any dam, wall, wharf, enbankment , levee, road, dike ,
pile, abutment, projection, excavation, channel rectification,
culvert, building, wire, fence, stockpile, refuse, fill, deposit,
clearing of trees or vegetation, structure or matter in, along ,
across, or projecting, in whole or in part, into any flood plain.
4. "Structure" means anything that is built or
constructed, an edifice or building of any kind, or some piece of
work artificially built up or composed of parts joined together in
some definite manner , whether of a temporary or permanent
character .
5. "Regulatory Flood Protection Elevation" means a
point not less than one foot above the elevation of the flood
plain, plus any increases in flood heights attributable to
encroachments on the flood plain. It is the elevation to which
uses regulated by this Section are required to be elevated or
f loodproof ed. ��
6. "Flood Control Commission" means the Bassett's
Creek Flood Control Commission.
7. The definition of other ter ms relating to flood
plain management contained in the Regulations of The Commission of
Natural Resources contained in Reg. N.R. 85-93- (C) are hereby
adopted by reference and made a part of this Section as is fully
set forth herein.
8. "Flood Plain Administrator" or "Administrator"
means the City Director of Planning and Inspection.
Source: Ordinance No. 417
Effective Date: 3-7-75
Subd. 4. $stablishment of Flood Plain.
A. Lands Subject to This Section. This Section
applies to all lands within the City which both (1) abut and are
contiguous to Bassett's Creek and its tributaries; and which also
(2) are subject to flooding on the basis that they lie below the
elevations shown on the Official Flood Zone Profile. Only those
lands meeting both conditions (1) and (2) above shall be included. �
GOLDEN VALLEY CC 26g (6-30-88)
� � 11.60
B. Establishment of Flood Plain Zone. The flood
plain zones within the City consist of all lands abutting and
contiguous to Bassett's Creek and its tributaries which lie below
the elevations shown on the Official Flood Zone Profile hereby
adopted by reference and on file in the Engineering Department of
the City Hall. A schematic representation of the flood plain
zones, based upon the profile, is also hereby adopted by reference.
The flood plain zoning districts hereby established are part of the
official zoning of the City.
Source : Ordinance No. 447
Effective Date: 7-2-76
C. Official Flood Zone Profile. The profile on
file in the City Engineering Department, together with explanatory
matter attached thereto, is the Official Flood Zone Profile and
prevails over the profile and schematic representation of the Flood
Plain Zone appended to this Section. The Official Flood Zone
Profile is hereby adopted by reference and made a part of this
Section. The profile is open to inspection by the public during
normal business hours of the City.
Source: Ordinance No. 417
Effective Date: 3-7-75
� D. Boundaries. The official boundaries of the
flood plain zone shall be determined on the basis or the criteria
set forth above, being those lands lying within the City which abut
and are contiguous to Bassett's Creek or its tributaries and which
lie below the elevation shown on the Official Flood Zone Profile.
Copies of topographic maps indicating the location of the flood
plain zones shall be on file in the City office for informational
purposes. However, where the exact location of flood plain zoning
boundaries are to be determined, the definitions and criteria set
forth above, the Official Flood Zone Profiles referred to above,
and the actual field elevations shall control.
Source: Ordinance No. 447
Effective Date: 7-2-76
E. Flood Hazard Areas. The flood hazard areas are
hereby designated as those lands lying below the elevation shown on
the Official Flood Zone Profile. These are all the areas lying
within the flood plain zone.
Subd. 5. Methods IIsed to Analyze Flood Hazard.
A. Management Plan. Consistent with standards
established by the Minnesota Department of Natural Resources, "The
� Watershed Management Plan for the Bassett's Creek Flood Control
Com mission" has been used to determine the flood plain zone.
GOLDEN VALLEY CC 270
(6-30-88)
§ 11.60
termined b calculatin the h dro- �
Regional flood profiles were de y g Y
graph of runoff for a 100 year frequency storm, and routing them
through the existing drainage system.
B. Standards for Flood xazard Area. The Board of
Zoning Appeals, in all cases where application is made to them
pursuant to this Section for interpretation of the existing flood
plain zone elevations and determination of the exact boundaries of
the flood plain zone , as established by the Official Flood Zone
Profile made a part hereof, or in all cases of application for a
variance herefrom, shall:
1. Determine the flood plain zone elevations
from the regional flood profiles prepared for the streams and
tributaries thereto covered by this Section and employed in the
preparation of the Official Flood Zone Profile.
2. Compute the elevation of the flood plain
zone and compute the floodway required to convey the regional flood
without increasing flood heights to an extent which would cause
substantial upstream or downstream damage to existing or reasonable
anticipated future development. Computation of increases in flood
heights caused by an encroachment shall be based upon the reason-
able assumption that there will be an equal degree of encroachment
on both sides of the stream extending for a significant reach. �
Generally, any increase in flood stage attributable to encroach-
ments on the flood plain of any stream or river shall not exceed
0.5 feet in any one reach or for the cumulative effort of several
reaches.
3. Evaluate the efforts of any proposed
variance upon the flood plain and the surrounding com munity in
terms of the policy determinations and guidelines set forth in this
Chapter .
Subd. 6. Flood Plain Qses; Standards, Permits.
A. Existing Land Use. No land use shall be changed
nor shall any obstruction be changed in its use or constructed or
modified in the flood plain except in accordance with this Section.
B. Permitted Uses. The following open space uses
are permitted in the flood plain to the extent that they are not
prohibited by any other City Code provision and provided they do
not require structures, fill, storage of materials or equipment; on
condition that such uses shall not adversely affect the efficiency
or unduly restrict the capacity of the channels or floodways of any
tributary to the main stream drainage ditch, or other drainage ,
facility or system:
1. Agricultural uses such as general farming,
pasture, grazing, outdoor plant nurseries, horticulture, truck�
farming, forestry, sod far ming or wild crop harvesting.
GOLDEN VALLEY CC 271 (6-30-88)
� § 11.60
2. Industrial-Commercial uses such as loading
areas, parking areas, and airport landing strips.
3. Private and public recreational uses, such
as golf courses, tennis courts , driving ranges, archery ranges,
picnic grounds, boat launching ramps , swim ming areas, parks,
wildlife habitat, game farms, fish hatcheries, shooting preserves,
target ranges, trap and skeet ranges, trails, nature preserves and
fishing areas.
4. Residential uses such as lawns, gardens,
parking areas, and play areas.
5. Signs and signals delineating or accessory
to parks , trails and other permitted uses as described above in
this Subdivision.
C. Special Uses. All other uses other than those
specified in Subparagraph B, above, are permitted only upon the
issuance of a special permit in accordance with and in compliance
with this Section.
Subd. 7. Special Uses; Permits.
� A. General Rule. No temporary or permanent
structure or fill for roads, levees or other purposes, deposit,
obstruction, storage of material or equipment or other use shall be
permitted which acting alone or in combination with existing or
reasonable anticipated uses would unduly affect the efficiency or
the capacity of the flood plain or unduly increase flood heights.
Consideration of the effects of a proposed use shall be based on
the assumption that there will be an equal degree of encroachment
extending for a significant reach on both sides of the stream. Any
such use which increases the flood plain elevation by more than 0.5
foot per reach or for the cumulative effect of several reaches is
deemed to unduly decrease the capacity of the channel or flood
plain.
B. Permitted Special Uses. The following uses may
be introduced into the flood plain upon the issuance of a special
permit:
Source: Ordinance No. 417
Effective Date: 3-7-75
l. Filling. For the purposes of this Section,
it is hereby defined to mean the artificial depositing upon any
parcel of property of any soil, rock, rubble, vegetation or similar
materials except that the depositing of any such materials in
� localized depressions for the sole purpose of landscaping, or the
deposition of top soil on any particular parcel for the sole
purposes of either gardening or landscaping (as determined by the
GOLDEN VALLEY CC 272 (6-30-88)
� 11.60
�
Administrator to fall within such exceptions) shall not be deemed
to constitute fill as defined herein.
Source: Ordinance No. 447
Effective Date: 7-2-76
2. Reconstruction or Alteration of Non-
Conforming Structures. Non-conforming structures that are in
existence on the effective date of this Section may be altered ,
enlarged, or reconstructed upon issuance of a special permit.
Special permits will not be granted unless the requirements of
Subparagraph A, above, are met. Any alteration or addition to any
non-conforming structure or any reconstruction of a non-conforming
structure shall be elevated on fill, or adequately flood-proofed,
to the above regulatory flood protection elevation.
3. Structural Works for Flood Control.
Structural works for flood control such as dams, levees, dikes and
floodwalls may be erected. The minimum height and design of any
such structural works shall be based upon the flood profile
provided:
(a) For urban areas the minimum height
and design of such works shall be at least three feet above the
elevation of the standard project flood, whichever is greater.
(b) Modification and additions to such �
works shall reasonably assure that the work will provide a means of
decreasing flood damage potential in the area.
4. Utilities, Railroad, Streets and Bridges.
Public utilities, railroad tracks, streets and bridges provided
they are designated to minimize increases in flood elevation, and
are compatible with the Management Plan of the Flood Control
Commission. Protection to the regulatory flood protection eleva-
tion shall be provided where failure or interruption of these
public facilities would endanger the public health or safety or
where such facilities are essential to the orderly functioning of
the area. Where failure or interruption of service would not
endanger life or health, a lesser degree of protection may be
provided for minor or auxiliary roads, railroads or utilities.
C. Adjustments of Regulatory Flood Protection
Elevations and Flood Plain Elevations. In connection with any
proposed development of, or proposed placing of an obstruction in,
the flood plain, if the regulatory flood protection elevations and
flood plain elevations then being used reflect proposed measures
for flood control, including water retention areas, then such
elevations shall not be effective or used in issuing a special
permit until such measures will increase flood heights, in which
case the regulatory flood protection elevation and flood plain
elevations used in issuing a special permit shall reflect the �
anticipated increases.
GOLDEN VALLEY CC 2�3 (6-30-88)
. § 11.60
D. Approvals. No special permit shall be issued
unless the proposed use conforms to the land use plans and planning
objectives of the City and the management plan and policies of the
Flood Control Commission.
Subd. 8. Administration of Flood Plain Management
Program.
A. Administrator. The Director of Planning and
Inspection is responsible for the administration of this Section.
The Director shall consult with the City Engineer and the Technical
Advisors of the Flood Control Commission in carrying out the duties
of the Director.
B. Applications; Special Permits, Fee.
1. Applications for special permits shall be
made to the Administrator by the owner of the land involved , in
duplicate. The application shall include the following
information:
(a) Plans, including a survey by a Minne-
sota registered land surveyor, in duplicate drawn to scale, showing
the nature, location, dimensions, and elevation of the lot or plot,
existing and proposed obstructions, the relationship of the lot or
� plot and existing and proposed obstructions to the location of the
channel, surface water drainage plans and floodproofing measures.
(b) A valley cross-section showing the
channel of the stream, elevation of land areas adjoining each side
of the channel, cross-sectional areas to be occupied by the
proposed development, high water information, all drainage areas,
all land forms and adjacent marshes and wet areas.
(c) Plans (surface view) including a
survey by a Minnesota registered land surveyor, showing elevations
or contours of the ground, pertinent obstruction elevations, size,
location and spatial arrangement of all proposed and existing
obstructions on the site, location and elevations of streets, water
supply and sanitary facilities, photographs showing existing land
uses and vegetation upstream and downstream and soil types.
(d) Prof ile show ing the slope of the
bottom of the channel of flow line of the stream.
(e) Specifications for building construc-
tion and materials, floodproofing, filling, dredging, grading,
channel improvement, storage of materials, water supply (including
withdrawal and discharge of ground and surface water) , and sanitary
facilities.
� (f) Description of the water quality if
other than a municipal water system is used, maximum yearly
withdraw al of ground waters, and the impact on the receiving creek
of discharged surface and ground water.
GOLDEN VALLEY CC 274 (6-30-88)
§ 11.60 �
(g) Statement of the private and public
benefits anticipated from the proposed activity, the alternatives
to the proposed activity on the capacity of the flood plain and on
the flood heights, the adverse eff ect, if any, on the flood plain,
and the creek, marshes and wet areas in the flood plain, which
cannot be avoided if the special permit or variance be granted.
Source: Ordinance No. 417
Eff ective Date: 3-7-75
2. The application shall be accompanied by a
fee adopted by resolution of the Council.
C. Review. Within 45 days of receipt of the
application the Administrator shall submit a copy of, the
application and report to the Com mission, to the Flood Control
Com mission, and to the Commissioner for their review. The
Commission shall act upon the application no sooner than 90 days
after its receipt thereof in the same manner as an application for
a special use or conditional use permit under this Chapter , taking
into consideration the comments, if any, received from the Flood
vontrol Commission or the Commissioner; provided, however , that �f
the Com mission receives the response and comments of the Flood
Control Commission and the Commissioner sooner than 45 days after
the Com mission's initial receipt of the application then the �
Com mission shall be entitled to take action with respect to the
same just as soon as both of said reports from the Commissioner and
the Flood Control Commission have been received.
Source: Ordinance No. 447
Effective Date: 7-2-76
D. Approvals. The Commission shall make its
recommendation to the Council and the Administrator shall issue the
permit upon approval by the Council.
Subd. 9. Variances; Board of Zoning Appeals.
A. The Board of Zoning Appeals shall hear and
decide all appeals where it is alleged that there is an error in
any order , requirement, decision or determination made by an
administrative officer in the enforcement of this Section. The
Board shall hear all such interpretive appeals and all appeals for
variances from the strict application of the terms of this Section
in the same manner as it hears and decides appeals under Section
1�.90 of this Chapter, except as otherwise permitted herein. The
Board may issue variances to this Section and the Council may
permit modification of the subdivision regulations of the City when
all of the following conditions are met: (1) because of the unique
topography or other conditions of land involved, a literal
application of the provisions hereof would impose undue hardship; �
and, (2) conditions are attached that assure compliance with the
GOLDEN VALLEY CC 275 (6-30-88)
� § 11.60
requirements of this Section insofar as practical; and, (3) the
purpose and intent of this Section are observed; and, (4) there is
no increase in the flood hazard or flood damage potential and to
this end no variance shall permit a lower degree of flood
protection than the regulatory protection elevation for the
particular area.
Source: Ordinance No. 417
Effective Date: 3-7-75
B. Application. Application for variance shall be
made to the Administrator in the same manner as an application for
a special use is made. The application fee shall be in the amount
adopted by resolution of the Council. The Administrator shall
submit a copy of the application for review to the Board, the Flood
Control Commission and the Commissioner within 45 days after
receipt of the same from the applicant. The report of the
Administrator shall accompany said application and shall include
the same data as required under the a£oresaid Subdivision 8, above,
and any other such data as the Administrator deems necessary for a
complete review by the Board, the Flood Control Commission and the
Commissioner .
C. Action by the Board of Zoning Appeals. Upon
receipt of the Administrator's report, the Board shall hear and
� decide upon the application in the same manner it decides appeals
under the Zoning Chapter of the City Code. The Board shall take no
action in the appeal unless 45 days have elapsed from the submis-
sion of the application to the Flood Control Com mission and the
Commissioner; provided, however, that if reports or comments have
been received from both the Flood Control Commission and the
Commissioner prior to the expiration of the aforesaid 45 days
period then and in such an event the Board is empowered to there-
upon act upon said application prior to the end of said 45 days
period. The recommendations of the Flood Control Commission and
the Com missioner , if any, shall be considered by the Board in
making its judgment. No variance shall be granted without full
consideration of the standards, policies and purposes expressed in
this Chapter. The decision of the Board shall be subject to appeal
to the Council in the same manner as other zoning appeals according
to Section Z1.90 of this Chapter .
Source: Ordinance No. 447
Effective Date: 7-2-76
Subd. 10. Tecbnical Assistance. The Board of Zoning
Appeals or the Commissioner may transmit information received by it
to the Flood Control Commission for technical assistance where in
the judgment of the Board or Commission such evaluation is needed '
to evaluate flood heights and velocities, the comparative summaries
� of the flood damage to the use and the adequacy of the plans for
protection, compliance with technical requirements of this Chapter,
State law or regulation and other technical matters.
GOLDEN VALLEY CC
276 (6-30-88)
§ 11.60 �
Subd. 11. Conditions Attached to Special Permits and
Variances. The Council may attach such conditions to the granting
of special permits , and the Board of Zoning Appeals, and the
Council on appeal, may attach conditions to the granting of
variances, as the Council or Board deems necessary to carry out the
purposes of this Section.
Subd. 12. Notices and Permits. The Commission, Board or
Council shall give mailed notice to the Com missioner and to the
Flood Control Commission of each hearing before it for a special
permit or variance not less than ten days prior to the date of the
hearing. In addition, a copy of any special permit or variance
shall be forwarded to the Com missioner and the Flood Control
Commission within ten days after its issuance. No amendment to
this Section, nor to the Official Flood Zone Profile constituting
an integral part hereof, shall be made except following approval
thereof by the Commissioner and upon a public zoning hearing duly
called and noticed in the manner provided for by M.S. 462.357 and
this Zoning Chapter, a copy of such notice of public hearing to be
furnished to the Commissioner and the Flood Control Commission at
least 30 days prior to the date of said public hearing.
Subd. 13. Lapse of Variance or Special Permit. If
within one year after the issuance or grant of a special permit or
variance , the owner or occupant shall not have substantially
completed the work authorized by such special permit or variance, !,
then the special permit or variance shall become null and void
unless a petition for extension of time in which to perform such
work has been granted. Such petition to extend time shall be in
writing and filed with the Administrator more than 20 days before
the expiration of one year from the date the original special
permit or variance was issued or granted, shall state facts showing
a good-faith attempt to use the special permit or variance, and
shall state the additional time requested to complete such work.
Such petition, if it relates to a variance, shall be presented to
the Board of Zoning Appeals for hearing and decision, and appeal to
the Council, in the same manner as the original request for
variance. If the petition relates to a special permit, it shall be
heard and decided by the Council, upon the report and recommenda-
tion of the Commission, in the same manner as the original petition
for a special permit. In determining under this Subdivision
whether the petitioner has made a good-faith attempt to complete
such work, the Board of Zoning Appeals or Council may consider such
factors as the design, size, expense and type of the proposed work.
It shall be within the power of the Board or Council, at the time
of granting the original request for a special permit or variance,
to grant a two-year period for the completion of the work
authorized thereby, but such two-year period may not thereafter be
extended.
Source: Ordinance No. 417 �
Effective Date: 3-7-75
GOLDEN VALLEY CC 277 (6-30-88)
. § 11.60
Subd. 14. Certificate of Zoning Compliance. Upon
completion of any work or project pursuant to a special permit or
variance granted pursuant to this Section, and prior to the use or
occupancy of the land or erection thereon of any obstruction
permitted by the special permit or variance, the applicant, if so
requested by the Administrator , shall submit a certification by a
registered professional engineer or land surveyor (as appropriate)
that the permitted obstruction, including, but not limited t�,
finished fill and building floor elevations, floodproofing, or
other flood protection measures, have been completed in compliance
with the provisions of this Section and in compliance with either
the information given to the City in connection with the
application for, or contained in, the special permit or variance.
Source: Ordinance No. 447
Effective Date: 7-2-76
Subd. 15. Non-Conforming Obstructions, Uses and
Structures; Lapse, Destruction.
A. Continuance. An obstruction or structure, or
the use of a structure or premises, which was lawful before the
effective date of this Section but which is not in confor mity with
� the provisions of this Section may be continued subject to the
following conditions:
1. No such obstruction, use or structure shall
be expanded, changed, enlarged, or altered in any way without
complying, in all respects, with this Section, including, but not
limited to, the obtaining of all required permits and variances.
2. If such use of such obstruction or
structure, or use of such premises, is discontinued for twelve
consecutive months, any subsequent use of the obstruction,
structure or premises shall comply, in all respects, with this
Section, including, but not limited to, the obtaining of all
required permits and variances.
3. If any non-conforming obstruction or
structure is destroyed or damaged by any means, including floods,
to the extent that the cost of repairing or restoring such destruc-
tion or damage would be 50 percent or more, as estimated by the
Council or some official designated by it, of the cost of re-
erecting a new obstruction or structure of like kind and quality
and of the same physical dimensions and location, then it shall not
be reconstructed except in full compliance, in all respects, not
limited to, the obtaining of all required permits and variances.
� Source: Ordinance No. 417
Effective Date: 3-7-75
GOLDEN VALLEY CC 27g (6-30-88)
� 11.60 •
B. Certification of Non-Conforming Uses. Upon
application and submittal to the Administrator of an appropriate
certification by a registered land surveyor the Administrator shall
certify to the owners of properties whose uses were lawful prior to
the effective date of this Section that said properties, the uses
thereof and the structures thereon were and are a legal non-
conforming use which may be continued as specified in said
certification and as permitted by this Chapter.
Source: Ordinance No. 447
Effective Date: 7-2-76
C. Nuisances. Uses or adjuncts thereof which are
or become public nuisances shall not be entitled to continue as
non-conforming uses.
Subd. 16. Right of Passage. It is unlawful for any
person, without a special permit obtained pursuant to this Section,
to place any obstruction in Bassett's Creek, to obstruct the
passage of watercraft or to interfere with the use by the public of
the beds, banks, waters or channels of said Creek, except obstruc-
tions placed by the appropriate authority and used for flood plain
management, in which case adequate provision shall be made for
portaging and passage of watercraft.
Subd. 17. Removal of Obstructions. •�
A. Natural Obstructions. The City shall have the
right of reasonable entry upon lands in the flood plain for the
purpose of ingress and egress to the flood plain, and the beds,
banks and waters of the creeks, to remove any natural obstructions
such as, but not limited to, trees, debris, litter and silt.
B. Artificial Obstructions. Any artificial
obstruction of the beds, banks, waters or channels of Bassett's
Creek or the flood plain made subsequent to the effective date of
this Section and not made pursuant to a special permit or variance
granted pursuant hereto shall be removed by the owner of the
adjoining land within 10 days after mailing to such owner of a
demand so to do by the Administrator. If the owner shall fail or
refuse to remove the obstruction, within said time, or if the owner
cannot be found or determined, the City may remove such obstruction
and the cost thereof shall be paid by the owner on demand, or may
be assessed against the land, and collected in the same manner as
prescribed by law for levying and collecting special assessments
for municipal improvements.
Subd. 18. Onlawful Act. It is unlawful for any person
to violate any provision of this Section or fail to comply with any
of its terms or requirements. Each day such violation continues
shall be considered a separate offense. Each obstruction or use�
placed or maintained in the flood plain in violation of this
GOLDEN VALLEY CC 279 (6-30-88)
� § 11.60
Section is hereby declared to be a public nuisance and creation
thereof may be enjoined and the maintenance thereof abated by
appropriate judicial action. Nothing herein contained shall
prevent the City from taking such other lawful action as is
necessary to prevent, remedy or remove any violation.
Subd. 19. Amendments. The flood plain elevations on the
Official Flood Zone Profile may be changed by amendment to this
Section, following approval by the Com missioner and a public
hearing after the giving of notice with respect thereto as required
under this Section. Such changes, when made , shall be clearly
shown upon the said Official Flood Zone Profile.
Subd. 20. Interpretation. In interpreting and applying
the provisions of this Section, they shall be held to be the
minimum requirements for the promotion of the public health,
safety, prosperity and general welfare. It is not the intention of
this Section to interfere with, abrogate or annul any covenant or
other City Code provision; provided, however, where this Section
imposes a greater restriction upon the use or improvement of any
premises than those imposed or required by other statutes, City
Code provisions, rules, regulations, or permits of the City, State
or the Flood Control Commission, or by covenants or agreements, the
provisions of this Section shall govern.
� Subd. 21. Warning and Disclaimer of Liability. This
Section does not imply that areas outside the flood plain or land
uses or obstructions permitted within the flood plain will be free
from flooding or flood damages. This Section shall not create
liability on the part of the City or any official or employee
thereof for any flood damages that result from reliance on this
Section or any City action taken or administrative or Council
decision lawfully made hereunder.
Source: Ordinance No. 417
Effective Date: 3-7-75
(Sections 11.61 through 11.64, inclusive, reserved for future
expansion. )
�
GOLDEN VALLEY CC 280
(6-30-88)