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03-20-89 PC Agenda ✓�:. . � . � � .� � � � . .. � . . . � . . � � . . . . n.:. "f� . . � . .. � . � . . .. . GOLDEN VALLEY PLANNING COMMISSION Brookview Co�nunity Center � 820 Wayzata Boulevard Monday, March 20, 1989 1:00 P.M. AGENDA 1. APPROVAL OF MINUTES - MARCH 13, 1989 II. INFORMAL PUBLIC HEARING -; CONDITIONAL USf PERMIT APPLICANT:. Greg. Malik . LOCATION: 1900 Douglas Drive REQUEST: Approval of a Canditional Use Permit to Allow Marine Engine Repair in a Cornnercial Zoning District III. PRESENTATION OF THE PRELIMIPIARY DESIGN PLAN FOR LIGH7 RAIL TRANSIT BY THE HENNEPIN COUNTY REGI N L RAILR AD AUTHORITY � * * * * * � * * * * * * * * * * * * * * * * �r * * * * * * * * * * * � * * * * ,,F ' PIAWNIN6 G�ISSION &!riDE�.INES FOR PUBLIC INPUT The Planning Commiss9on is an advisory body, created to advise the City Council on' land use. The Commission will recommend Council approval or denial of a }and use proposaT based upon the Comnissian's deterinina�Cion of vrhether the proposed use is permitted under the Zoning Code and the Comprehensive Plan. and whetfier the pro- " posed use will, or wilT not, adversely affect the surrounding neighborhood, The Commission hotds informal publie fiearings on land use proposals to enable you to learn', first-hand, what such proposals are, and to permit you to ask questions and offer corrments. Your questions and cc�nnents become part of the record and will be used by the Gouncil, along with the Gommission's reeommendation, in reaching its decision. To aitl in your understanding and to facilitate your cannents and questians, the Cortmission will utilize the following procedure: > 1. The Comnission Chair will introduce the proposal and the recommendation from staff. Cannission members may ask questions of'staff. 2. The proponent wili describe the proposal and answer any questions from the Go�mission. 3. The Chair will bpen the public hearing, asking first for those who wish to speak to so indicate by raising their hands. The Ghair may set a time limit for individual questions/comments if a ' large number of persons Mave indicated a desire to speak. Spokespersons for groups will have a longer period of ti�e for questions/c�nments. 4. PTease give your full name and address clearly when recognized by the Chair: Remember, your questions/comments are for the record. 5, pirect your questionslcc�aments to the Chair. The Chair will determine who witl answer your � questions. 5. No one will be given the opportunity to speak a second time until everyone;has had the opportunity to speak initially. Please limit your second presentation to new information, not rebuttal. 7. At the c1as� of the pubtic hearing, the Cominission will discuss the proposal and t�ke appropriate action. ` � MINUTES OF THE GOLOEN VALLEY PLANNING COMMISSION March 13, 1989 A regular meeting of the Planning Commission was held in the meeting room of Golden Va11ey Fire Station #3, 3700 Golden Valley Road, Golden Valley, Minnesota. The meeting was calied to order by Chair Prazak at 7:00 P.M. Those present were Commissioners Kapsner, Leppik, Lewis, McAleese, Prazak, and Russell . Commissioner McCracken-Hunt was absent by prior arrangement. Also present were Mark Grimes, Director of Planning and Development, and Beth Knoblauch, City Planner. Before proceeding to the first agenda item, a point of order was raised by Commissioner McAleese. The by-laws for the Planning Gommission state that the annual meeting and election of officers, agenda item IV, should take place at the second meeting in March rather than the first as seheduled. However, the by-laws also state that the Commissioners may by majority decision suspend any provisions thereof. It was proposed by Commiss;ioner McAleese, and agreed by the Commission, to suspend the regular annual meeting date and conduct its business as scheduled. I. APPROVAL OF MINUTES - FEBRUARY 27, 1989 It was moved by Commissioner McAleese, seconded by Commissioner Kapsner, and � carried unanimously to apprave the minutes of the February 27, 1989 Planning Commission meeting as written. II . INFORMAL PUBLIC HEARING - PRELIMINARY DESIGN PLAN PUD 56 APPLICANT: City of Golden Valley LOCATIQN: 7800 Golden Valley Road REQUEST: Approval of the Preliminary Design Plan for "Golden Valley Civic Center P.U.D. No. 56° Which Shows the Locations of Two New Mur�icipal Bui�dings and Existing Buildings on the Civic Center B1ock Along With Related Site Improvements This item was introduced by Chair Prazak, and Director Grimes provided a staff report. The informal hearing was opened for comment by the public. There being no members of the public present to speak, the public comment portion of the informal hearing was concluded. The Commissioners discussed the future of the Post Office and McDonald's sites, which are not included in the PUD. The pathway through the property was also discussed. � y � Minutes of the Golden Va11ey Planning Commission � � March 13, 1989 Page 2 Chair Prazak asked what level of detail the Commission should be addressing in the Preliminary Plan. Oirector Grimes explained that this is a general concept plan, and many of the specific details refiain to be worked out. Of main interest at this time are the proposed new buildings and the parking changes. There was additional discussion regarding the financing and timing of development in the PUD and in the area. The Winnetka Avenue improvements were brought up. The redevelopment problems and potential to the west of Winnetka Avenue, outside of the PUD, were also discussed. Commissioner Russell moved to recommend approval of the Preliminary Design Plan for Golden Valley Civic Center P.U.D. No. 56. The motion was seconded by Commissioner Leppik, and passed unanimously. III. INFORMAL PUBLIC HEARING - PRELIMINARY PLAT OF RLS - WHITE HOUSE PROPERTY APPLICANT: City of Golden Valley LOCATION: Olson Memorial Highway Just West of Ottawa Avenue North REQUEST: Approval of the Plat for Registered Land Survey - � White House Property Chair Prazak introduced this item, and Director Grimes presented a staff report. This is actually an exchange of land between the City and the property owner so that frontage access can be redesigned. Because the property involved is part of a Registered Land Survey, it must go through the platting process. The informal hearing was opened for comment by the public. There being no members of the public present to speak, the public comment portion of the informal hearing was concluded. Chair Prazak asked how the iand switch would be made. Director Grimes explained that deeds would be drawn up for each parcel of land, and the City would exchange the deed on its property for the one on the private property. There was general discussion on how the changed access would affect the area. Commissioner Leppik moved, with a second by Commissioner McAleese, to recommend approval of the Preliminary Plat for the White House property. Motion passed unanimously. IV. ELECTION OF OFFICERS Chair Prazak called for nominations. The current slate was suggested for reappointment. Through a poll of those present, it was determined that none of the current officers would object to reappointment, and none of the other � Commissioners had a wish to take the place of any officer. Minutes of the Golden Valley Planning Commission .� March 13, 1989 Page 3 Commissioner Russell moved for approval of the existing slate of o�ficers. Second was made by Commissioner Leppik, and the motion passed unanimously. V. REPORT ON CITY COUNCIL MEETING Commissioner Russell reported on actions taken at the City Council meeting of March 7, 1989. There was some discussion regarding the Community Development Block Grant program. There was also discussion on who was designated to attend the next City Council meeting, and when the new list of designates would be available. There being no other business, the meeting was adjourned at 8:20 P.M. , � � ,� March 16, 1989 T0: Golden Valley Planning Commission FROM: Mark W. Grimes, Director of Planning and Development SUBJECT: Revised Conditional Use Permit Application to A11ow Marine Engine Repair at 1900 Douglas Drive On September 14, 1988, the Planning Commission recommended approval of a conditional use permit (CUP) to repair marine engines and store a 38 foot boat at Ma1ik's Texaco (formerly Union 76), 1900 Douglas Drive. I am attaching a copy of my memo dated September 9, 1988 that addresses the first CUP. A1so enclosed is the Planning Commission minutes from the September 14, 1988 meeting in additian to a memo to the City Manager dated October 19, 1988 that lists the conditions of approval suggested by the Planning Commission for consideration by the City Council . One of the recommendations from the Planning Commission on the original CUP request by Mr. Malik was that the City Attorney review the application and determine if it must be considered by the BZA. This recommendation was suggest- ed by the Planning Commission because it was felt that Mr. Malik was expanding • a non-conforming use. (The gas station does not meet setback requirements. ) The City Attorney did determine that the CUP application would first have to be reviewed by the BZA. On November 9, 1988, the BZA denied the request for a variance because it would expand an existing non-conforming use. Mr. Malik , appealed the decision of the BZA to the City Council on November 29, 1988. The City Council upheld the decision of the BZA. (See attached BZA minutes dated November 19, 1988 and City Council minutes dated November 29, 1988.) Therefore, the application for the CUP for marine engine repair and boat storage was never considered by the City Council . Mr. Malik is now requesting an amendment to his CUP application that eliminates the storage of his 38 foot boat. It would, however, include marine engine repair in the southern repair bay and the parking of 2 - 3 boats outside awaiting repair. This request has been reviewed by the City Attorney. His opinion is that this revised request does not require a variance because the marine engine repair would replace the auto repair in one of the repair bays. Therefore, the use of the property is not being expanded but changed from one type of use permitted by a CUP (auto repair) to another type of use permitted by a CUP (marine repair) . With the storage of the large boat previously requested by Mr. Malik, the use of the property was being expanded. The proposed CUP application is essentially the same as the one proposed last September to the Planning Commission except that the large 38 foot boat will O not be stored on site. He has requested that up to three boats up to 27 feet in ]ength be allowed to be stored on the site. I have gone out and looked at 27 foot boats on trailers and I believe these are too large to be stored on Golden Valley Planning Commission March 16, 1989 '� Page 2 site. I would recommend that the maximum length boat would be 22 feet on trailer as he requested last September. Therefore, I refer the Planning Commission to my report dated September 9, 1988. However, I am making the following revised suggestions for conditions of the CUP: 1. No more than three boats that are being serviced for engine or elec- trical repairs may be stored on the site as shown on the site plan on file with the City of Golden Valley. The storage and repair of boats shall be limited to April 1 to November 1 of each year. 2. No boat parked for engine or electrical repairs shall be larger tMan 22 feet (not including trailer) . 3. No boats shall display a "for sale" sign. 4. Only the southern most bay shall be used for marine engine repair. 5. Any failure to comply with one or more of the conditions shall be grounds for revocation of the conditional use permit. • Attachments {Site plan enclosed separately. ) � '� March 15, 19$9 T0: Property Owners Who Were Notified of Malik Public Hearing FROM: Mark W. Grimes, Director of Planning and Development SUBJECT: ` Revised Conditional Use Permit Application by Greg Malik to Al1ow Marine Engine Repair at 1900 Douglas Drive This memo is in regard to the upcoming public hearings befare the Golden Valley Planning Commission and City Council to consider a revised conditional use permit (CUP) application by Greg Malik. The revised CUP requested by Mr. Malik would permit him to repair marine engines at his gas station located at 1900 Douglas Drive. � As you may recall , Mr. Malik previously applied for a CUP to perform marine engine repair and store his own 38 foot long boat on a trailer during the off season. This application required a variance because it expanded or altered a nonconforming structure, ie. the parking of Mr. Malik's own boat in the required setback area. The variance was not approved by the Golden Valley Board of Zoning Appeals (BZA) or the City Council . The revised application is only for the use of the south repair bay at the gas station for marine engine repair of boats with inboard or inboard/outboard engines. He is requesting that several parking spaces be designated for boats waiting for repair. This revised application will not have to be reviewed by the Golden Valley BZA because it does not alter or expand a nonconforming use or structure. Please do not hesitate to call if you have any questions. The informal public hearing before the Planning Commission will be on Monday, March 20, 1989 at 7:00 P.M. at the Brookview Community Center, 8200 Wayzata Boulevard. 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' . � ,�! . n �, C �� \r � - ^ s .-`� +— , �• � � . .� �'� J 7 ,• � _ .. �' y. � g ' K ' \. } 4 � .\ i !. . a o ' ' � . . jp .., i :, � , \�, . .�� w j, . � !� . . �'� ,�� ' � . . , � � � . ; , � . - � . ` . • •i . ♦� 't �R � . -, " �.'\ . �� :, � - .\; ,.� � � �.! � ' : , i � ' �:D; ��• �,• '; � � ' � ,� � A �0 5 � i s t 3""'' �' � 3 � ��.� . � ,� �� .�. .� .�, � + � • � �� . .. , ;' . � . . `t � , '�� '� 1 ,;• , •` .r �~. \. o.., .. �� :'� . � -'• - . --- _ � . , ',�..y� \\` '` '.:. �. `• ;Y �; '� � -- t+ �' -'' • � !!';a. : . j: � '� t--- .�s , ,� � ., . ��`�. � /r��a` ��:� �/ -- h ;, s� �, v � ' ;.t -i . • e� ��,, � . . . - ; }s � �'.P , !. �! . , . _ �.j.. �.j J . . ..,.y�.�. . � I '� ;� i� ' � � � � �'�� ` ��. • , .y � s �3�= � �' . , I. j � . � " ' / •�J � d. . i � 1=-� � -'�I ' � � .� € � � �, � ' I � . i•i .� �. . � � � _ . i � j� I � � � �� D a I .J / . . � !rl.�.', I °� �I . , :�� _.J�. . . . .�� i C . . � . . . _';tC_ '_.._' i � • I ^' Regular iteeting of the City Council Nove�Ser 29, 19�8 A��roval of 1989 Recrea�ion and Golt Fees � tlayor Anderson intr�dUCed the a enda ite�. 9 Rick Jacobs��, Director of Park and Recreation, reviewed tne staff's proposals and the Open Space and P,ecreation Connisson's reconr.�ndation regarding the golf course fees and answered questions fron the Council . Geroge tlurad, Open Space and Recreation Co�nission nnd Brookview Improve�ent Cor�ni ttee, revi ewed the Co�ni ssi on and Cor,ini tee's recor.ir,iendati on rega rdi ng the increasing of the golf fees. Nillian Joynes reviewed a survey of the rates for other golf courses in the metropolitan area. Ha1 1'ounghans, Brookview Improvement Comr�ittee, stated he feels residents who su�ported the course should get a fee break and feels the course should be prinarily for Golden Valley residents. I�10VED by Stockrnan, seconded by Johnson and ration carried unanir�ously to approve the staff reconriendation for the 1989 recreation fees and approve the staff reconnendation for the golf fees with one exception - the fee for resident patron cards should be $45.00. MOI�ED by Stocknan, seconded by Johnson and ration carried unanimously to ar.tend the foregoing notion and approve the staff reconnendation for all 1989 recreation � f ees and golf fees with the following exception - all fees for resident patron cards renain as they were in 1988. M�VrD by St�ck^�an, seconded by Johnson and catian carried unanimously to rec�nsider the two forgoing notions. f�OVEO by Stockr,an, seconded by Johnson and notion carried unaniously to a�prove the staff reconr�endation for the 1989 recreation fees and approve the staff recor�nendation for tne golf fees, except riaintai� the 1982 fees for the resident patron card holders. Appeal of Baard of Zoning Appeals Oenial - Gregg ttalik - 1900 Douglas Drive tiayor Anderson introduced Lhe agenda iten. Allen Barnard reviewed his neno regarding naking a record for zoning and zoning type hearings Gregg ttalik, 1900 Douglas Drive. stated he has been doing r.iarine r�aintenance for 12 years, his conpany would nat be able to financiaJ make it without the marine repair Nork, feels its a service to the conr,wnity, and requested that he be allowed to park Doats on the property instead of automobiles. Art Flannagan, 6oard of Zoning Appeals Chair, stated the Board denied the waivers requested by Mr. tlalik, statirtg that per State Statute, financial hardship is � not an acceptable hardship to grant variances and granting the waivers would not neet the intent and spirit of the Zoning Code by legalizing and perpetuating t he existing non-confo nr�ing conditions. �_/ � Regular tleeting of the City Council Nove�ber 29, 1988 Appeal of 3oard of toning �ppeals Denial - Gregg 'lalik - 190� Douglas �rive - � Con.inued The !tayor opened the r.�ee�ing for pu5lic input and persons present to do so ►•+ere afforded the opportunity to express thei r vi ews there.on. Belle Prior, itanager, Golden Valley An�s. 6150 St. Croix Avenue North, opposed t o r:�arine engine repair at station because she feels the station is to small , and objects to the noise and fur.�es at the swinming pool . tlary Swanson, 6150 St. Croix Avenue qorth, feels tfie gas funes are annoying to people at the pool and the residents of the apartment building. Tony Fartner, b150 St. Croix Avenue ��orth, feels there is a saftey hazard by repairing the narine engines at the station because of the excess fuel , and objects to the storage of boats because of aesthetics. The ltayor closed the public hearing. HOVrD by Stocknan, seconded by 3ohnson and notion carried unanimously to uphold the denial by the Board of Zoning Appeals of the waivers and nake the fol1�wing f i ndi ngs of fact : l . an undue hardship does not exist; 2. that the property in question can be put to a reasonable use under the Zoning � Code; 3. the problen presented by the landowner is due to circunstances created by the 1 ando►�ner; 4. the granting of the variance would alter the essential character of the 1 ocal i ty. Upon a roll call vote, the vote was as follo��s: AtJ��RSOr; - Y�S BAY,KEN - YES JOH;�S�t� - Y�S STOCKt�A►, - YES THOt1PS�r1 - Y�S *Letters Regarding Boat .ngine Repair at 1900 DougTas �rive NOV�D by Johnson, seconded by Thonpson and notion carried unanimously to receive a nd file the letters fron: Steve Yanderboon, PACE Laboratories� Inc. , dated Novenber 16, 19F38; flark Ogren, Croix Oil , dated Nove�ber 1, 1988; Dennis Taylor, Shenehon-Goodlund•Taylor, Inc. . dated October 31, 19a8; and 11i}dren Hanson, dated October 21, 1988 regarding boat engine repair �t 1900 Dougtas Drive. �Authorization to Hire Pannell Kerr forster to Perfo m the 1988 Audit MOVED by J ohnson, seconded by Tho�pson and rrotion carried unanimously to authorize the ttayor and �4anager to sign the arrangenent letter with Pannell Kerr Forster f or the 1988 Audit. '�Call for Public Hearin - Ordinance Amendnent - I-394 Overla Zonin District - � 2 0 88 NOVED by Johnson, seconded by Thonpson and notion carried unanimously to call a pub�ic hearing to consider an ordinance ar►endnent regarding the I-394 overlay Zoning district for Decenber 20, 1988. ! ''I! � � Board of Zoning Appeals � Pa ge 4 November 9, 1988 �� This property was brought by staff to the Board of Zoning Appeals because at present it is in a non-conforming status along the west lot line and having pre- viously been before the Board of Zoning Appeals, the present ordinance requires that any subsequent additions, alterations proposed that were not part of the conditions existing a t the time of previous approval must be addressed by the Board of Zoning Appeals. Mr. Frentz concurred with his understanding of the ordinartce as previously descr9bed to him. Mahlon Swedberg questioned whether this lack of compliance on the original waiver was more a matt�r of enforcement rather than an item for the Board. Secretary, Lloyd Becker, described the a ttention to detail .and zoning compliance in today's property title reviews and to insure this addition to the existing property was not subject to subsequent question of compliance, it was brought before the Board. Mr. Frentz stated that as a condition of approval , he would establish the required landscape for the first 35 feet along the west lot line. Secretary Becker noted that the provisions of this ordinance as applicable to this property had been reviewed with the City Attorney. At the close of discussion, Mahlon Swedberg moved to approve the waiver as requested on the agenda, noting it appeared to be more of an administrative matter and approval should remove any question of previous compliance or non-conforming status on � the property. Secorrd by Larry Smith and upon vote carried. 88-11-57 (Ma 11) Commercial ug as r�ve Greg Malik The Pe tition is for waiver of Section: 11.30 Subd. 1 (A) front setback for 18 feet off the required 35 foot setback of landscape required along Douglas Drive and St. Croix Avenue to an average distance of 17 feet of landscape exclusive of driveways, as it now exists, and for waiver of Section 11.30 Subd. 7(B) (2) and (3) side setback, for 15 feet off the required 15 feet of landscape along the east side of the property to 0 feet landscape as it now exists; and for 10 feet off the required 10 feet of landscape along the north lot line to 0 fee t of landscape as it now exists, and for waiver of Section . 11.30 Subd. (5) outside stora9e, to provide for storage of boa ts • during repair rather than inside a structure, as required, and for Section . ` Board of Zoning Appeals Page 5 � November 9, 1988 � 11 .30 Subd. 6(J} for 5 parking spaces off the required 14 spaces to a total of 9 spaces in order ta provide out- side storage space for up to four boa ts. The petition was in order. Consent had not be given by adjacent properties. Present for the meeting was Mr. Greg Malik. Also present were Dr. Mildred Hanson, owner of the adjacent apartment building, Mr. George Peterson, a tenant in the apar Unent building and Ms. Prior, the manager of the apartment building. Secretary, Lloyd Becker, noted several letters that had been received from nearby properties objecting to the proposed waivers requested and then he reviewed for the 8oard Lhe previous actions and minutes of the Planning Commission on this ma tter. Minutes of the mee tings were provided to the Board in the agenda packets. Mr. Malik a'ddressed the Board. He described his confusion with the procedures he was involved with and questioned the sta tus of the service sta tion h? opera tes when it was built. Mr. Malik explained his business operations and noted that marine repair comprises about one-third of his business. T he Board and Mr. Malik engaged in a lengthy discussion and exchange on marine repair a t his site, the difference be tween use on the property and the literal provisions of the Zoning Code that are applicable to the property. � Af ter Mr. Ma1ik had been heard, the others present for this proposal were pro- vided the opportunity to speak. Dr. Mildrew Hanson said she vehemently objected to marine repair and outside boat storage adjacent to her property. She descri�ed� the noise associated with testing motors and the unsightly appearance of the boa ts on the site and espe- cially right on the property lines. Mr. George Pe terson, a resident of Dr. Hanson's apartment, voiced his objections to the outside storage of large boats and described the view from his aparUnent which faces the service sta tion. L�rry Smith questioned whether there is more noise in boa t repair than automo- bile repair. Mr. Pe terson felt there was, especially as it related to boat repair done outside. Ms. Prior, the manager of the apartment, noted her objec- tions to the appearance of outside boat storage and the noise. Mr. Malik responded by stating only 5 to 10 percent of work is done outside. T he Board discussed a t length the separa tion of issues noting tha t the Board of Zoning Appeals cannot permit or grant waivers for non-conforming uses in a par- ticular zoning catagory but can only address the literal provisions of the app]icable codes for such things as setback, landscape areas, height, parking, etc. � � Board of Zaning Appeals � Page 6 � November 9, 1988 Mahlon Swedberg described marine repair as bumping heads with present require- ments for a service station and in this case the proposed activity on a site that presently is non-conforming only aggravates that condition. Mahlon Swedberg said he could see no reason to grant the variances requested so that a particular use cauld be provided for. Swedberg said further that use is a matter to be addressed by the Planning Comnission and City Council . During the course of further discussion, Larry Smith moved to approve the waivers as requested, second by Kevin McAleese. During discussion on the motion Kevin McAleese noted, the Board was limited in any decision to only a defined hardship applicable to the Zoning Code for this property and to the physical characteristics of this site. State Statutes are specific regarding definition of a hardship and are not applicable to economic issues such as pre- viously described by Mr. Malik. McAleese said he felt the applicant created his own difficulLies by engaging in an activity which at the time was illegal . Granting of the waivers would not meet the intent and spirit of the Zoning Cade by legalizin� and perpetuating the existing non-conforming conditions. Chairman Flannagan closed the discussion on the motion and called the vote. Upon vote it was a unanimous no to the motion for approval and the waivers requested are denied. � T here being no further business to come before the Board, Kevin McAleese moved to adjourn at 9:00 P.M. , second by Herb Polachek. ..�� , , �� Art Flannagan, hairman L oy G. ecker, ecretary � . � � October 14, 1988 .,�.��' — ,� T0: William S. Joynes, City Manager FROM: Mark W. Grimes, Director of Planning and Development SUBJECT: Request for Conditional Use Permit to At1ow Marine Engine Repair and Boat Storage at 1900 Douglas Drive in a Commercial �oning District - Greg Malik, Applicant At the September 14, 1988 Planning Cortmission meeting, the Commission recom- mended approval of a Conditional Use Permit (CUP) to a11ow Mr. Malik to repair marine engines and store has own personal boat at his gas station at 1900 Douglas Drive. The recomnended approval of the CUP included the following six conditions: 1. No more than three boats that are being serviced for engine or electrical repairs may be stored on the site as shown on the site plan on file with the City of Golden Valley. This storage shall be limited to April 1 to November 1 of each year. 2. No boat parked for engine or electrical repairs shall be larger than 22 feet. � 3. No boats shall display a "for sale" sign. 4. One large {38 feet) boat on trailer may be stored north of the service statibn as indicated on the site plan. 5. This Conditional Use Permit is subject to review by the City Attorney and his recorr�nendation to go to the Board of Zoning Appeals for approval . 6. Any failure to comply with one or more of the conditions of approval shall be grounds for revocation of the Conditional Use Permit. I am also attaching a copy of my memo to the Planning Commission dated September 9, 1988. In that memo I list four conditions for approval . The approval listed by the Planning Cortmission should be the one considered by the City Council. I have asked the City Attorney to review Condition #5 suggested by the Planning Comnission. He is recommending that the request be first reviewed by the Board of Zoning Appeals before it is considered by the City Council. The Attorney believes that the proposed use by Mr. Malik is an expansion in scope of the service station and therefore must receive a variance before it is expanded. The staff recommendation is to continue the public hearing on this matter until � it is considered by the BZA. I would suggest that the public hearing before the Gity Council be continued until the November 15, 1988 City Council meeting to give the BZA time to review it at their November meeting. Attachments '� MINUTES OF THE GOLDEN VALLEY PLANNING COMMISSION September 14, 1988 A regular meeting of the Planning Comnission was held in the Council Chambers of the Civic Center, 7800 Golden Yalley Road, Golden Valley, Minnesota. The meeting was called to order by Chair Prazak at 7:05 P.M. Those present were Comnissioners Kapsner, Leppik, Lewis, McCracken-Hunt and Prazak. Comnissioner McAleese was not present at the beginning of the meeting. Cortmissioner Russell was absent. Also present were Mark Grimes, Director of Planning and Development, Beth Knoblauch, City Planner, and Gloria Anderson, Planning Secretary. I. APPROVAL OF MINUTES - JULY 25, 1988 It was moved by Commissioner McCracken-Hunt, seconded by Commissioner Kapsner, and carried unanimously to approve the minutes of the July 25, 1988 Planning Commission meeting. Commissioner McAleese arrived at the meeting. II. SET DATE FOR INFQRMAL PUBLIC HEARING - PRELIMINARY PLRT � APPLICANT: PACE Laboratories LOCATION: 1700 Block of Douglas Drive REQUEST: Approval of the Preliminary Plat of PACE Addition Which Proposes to Combine Six Lots Into One Lot in the a Business and Professional Offices Zoning District This item was introduced by Chair Prazak and reviewed by Director Grimes. The Planning Comnission set an Informal Public Hearing Date of September 26, 1988 for consideration of the Preliminary Plat of PACE Addition. III. INFORMAI PUBLIC HEARING - CONDITIONAL USE PERMIT APPCICANT: 6reg Malik LOCATION: 1900 Douglas Drive REQUEST: Approval of a Conditional Use Permit to Allow for Marine Engine Repair and Boat Storage in a Commercial Zoning District Chair Prazak introduced this agenda item and asked Director Grimes for a review of the staff report. He noted that the Zoning Code had recently been amended to • allow marine engine repair as a conditional use in the Cortnnercial Zoning District at the request of the proponent. Director Grimes also reviewed the canditions which staff suggested be attached if the Planning Comnission recommended approval y ^ � . � � � � . . Minutes of the Golden Valley Planning Commission ' September 14, 1988 Page 2 � �of the conditional use permit. He noted that this gas station was built before the current setback codes were established and therefore was non-conforming in terms of setbacks from the property lines. Director Grimes stated that Public Works Director Lowell Odland suggested the number of boats being parked on the property for repairs be limited to three rather than four as suggested in the staff report. Director Grimes also noted that only Mr. Malik's 38 foot boat would be stored on the property. Chair Prazak asked what the rationale for limiting "for sale° signs on the boats and whether or not boats could also be stored inside the gas station. Director Grimes stated the Zoning Code did not allow for the sales of bflats or cars at service stations. He also noted that boats could be stored inside the building. Commissioner McCracken-Hunt said she agreed with the Public Works Director that the number of boats on site for repair be limited to three. Gommissioner Leppik asked what the Zoning Code said about parking up to the property line. Director Grimes said that because the building was constructed before any setbacks were established that it was legal non-conforming parking. Cammissioner McAleese asked if the City Attorney had been consulted regarding ! what the Zoning Code states regarding expansion of a legal �non-conforming property. Director Grimes stated he had not talked to the City Attorney but had had reviewed this matter with Director of Inspections Lloyd Becker. Mr. Becker had indicated he felt that by going through a Conditional Use Permit the City Council would have a chance to review it and make a decision about expanding a non-conforming use. Commissioner Kapsner asked if the proponent could repair vans, motorhomes, delivery trucks, etc. Director Grimes said he could but if there were too many large trucks on the property it could be a problem. Mr. Greg Malik, tfie proponent, was present. He stated he had been repairing boats on his property for a number of years and that boats that come in for repair are only there for about two to three days. Chair Prazak opened the Informal Public Hearing. Hearing and seeing no one, the Informal Public Hearing was closed. Comnissioner Leppik stated she agreed that the number of boats on the property and anytime should be limited to three and that it should be made clear that they are there for repairs only and not storage. Mr. Malik agreed stating that he does not want his space tied up with boats just sitting there and if it takes extra time to get parts for the boats, he tells � the customer to take the boat home and bring it back when the parts come in. Minutes of the Golden Valley Planning Comnission " September 14, 1988 Page 3 � • Commissioner McAleese asked how many parking spaces there were. Director Grimes noted that the site plan showed 12 spaces but said four spaces would be lost when the boats were parked for storage. Commissioner McAleese said his concern wa�s that the station did not meet the Zoning Code requirements for parking at a gasoline station and was very uncom- fortable with this expansion of a non-conforming use. He said he felt it was not legal and the Comnission was totally ignoring the Zoning Code requirements that apply to a gasoline station. Comnissioner McAleese felt that the applicant should go to the Board of Zoning Appeals to get a variance. He also stated he was willing to go along with this use if the number of boats parked on the site for repair were limited to three instead of four. Co�nissioner McCracken-Hunt said she was uncomfortable about the setbacks to the residential area but that, although they had received a notice of this hearing,' no one in the neighborhood had shown up to express their views. It was moved by Commissioner McCracken-Hunt, seconded by Commissioner Leppik and motion carried unanimously to recommend City Council approval of a Conditional Use Permit to allow for marine engine repair and boat storage at 1900 Douglas Drive in a Comnercial Zoning District subject to the following conditions: 1. No more than three boats that are being serviced for engine or electri- � cal repairs may be stored on the site as shown on the site plan on file with the City of Golden Yalley. This storage shall be limited to April 1 to November l of each year. 2. No boat parked for engine or electrical repairs shall be larger than 22 feet. 3. No boats shall display a "for sale" sign. 4. One large (38 feet) boat on trailer may be stored north of the service station as indicated on the site plan. 5. This Conditional Use Permit is subject to r�view by the City Attorney and his recommendation to go the the Baard of Zoning Appeals for approval. 6. Any failure to comply with one or more of the conditions of approval shall be grounds for revocation of the conditional use permit. IV. INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT APPLICANT: Faith Temple LOCATION: 1501 Xerxes Avenue North REQUEST: Approval of a Conditional Use Permit to Allow for a � Chi1d Day Care Center at Faith Temple in an Institutional Zoning District t ' `� September 9, 1988 T0: Golden Valley Planning Commission FROM: Mark W. 6rimes, Director of Planning and Development SUBJECT: Informal Public Hearing - Conditional Use Permit to Allow Marine Engine Repair and Baat Storage at Malik's Union 76, 1900 Douglas - Drive - Greg Malik, Proponent In August the City Council approved an amendment to the Zoning Code that allows the repair of marine engines with a Conditional Use Permit (CUP) in the Comnercial Zoning District. This amendment to the Zoning Code was requested by Mr. Malik in order that he may continue to do marine engine repair at his gas station. He has stated that he has been doing such repair for the past 10-12 years at this location. In addition to his request to do marine engine repair, he has also requested that he be allowed to store his own 38 foot boat during the off season on the north side of his building. In the Commercial Zoning District, outside storage is permitted only with a CUP. He has stored his boat at this site the last cauple of years. � Over the past several years, there has been concern regarding the number and the size of boats that Mr. Malik has had on his property. There is also a concern regarding where he has perked the boats. Often times boats were stored near the street and sometimes there were even "for sale" signs on the boats. At one time there was also more than one very large boat, similar to the one owned by Mr. Malik, parked on the site. Mr. Malik has talked to me regarding how he wouid propose to run his marine engine repair operation if a CUP were allowed. First, there would never be more than four boats parked on the site for repair as shown on the site plan. The maximum size boat he would repair would be 22 feet. The boats would be at his site for o�e to three days while being repaired. If a part would take longer than three days to get, he would tell the owner to bring the boat back when he receives the part. He would only do engine and electrical repairs on the boats. The work is done in the garage with a small amount of work done outside if necessary. The repair of marine engines would occur only between April 1 and November l. From November l to April 1, no boats would be stored at the station. No boats would be for sale on the site. Mr. Malik would like to continue to store his boat on the north side of the garage. It is a large 38 foot Tong boat on a trailer. If he is allowed this storage, the location that is proposed is the best location because it is adjacent to the other gas station and farthest from the apartments to the east. There is a fence t�at is about five feet high along this side. � The Planning Cortxnission is required to make findings and recomnendations to the City Council on the following factors. My thoughts on these factors are as follows: Golden Valley Planning Corr�nission ,� September 9, 1988 Page 2 1, Demonstrated need for the use. Mr. Malik states that there is both a demand and need for baat engine repair. This is demonstrated by his ongoing success in the business. 2. Consistency with the Canprehensive Plan. Repair of marine engines is generally consistent with the Cortenercial designation in the Comprehensive Plan. He is providing a service to the public which is similar to auto or truck repair which are acceptable comnercial uses. 3. Effect on property values in the area. . The most significant effect is the visual appearance of boats stored on site. However, a reduction of property values in the area due to continued boat repairs at the gas station cannot be shown. 4. Effect of any anticipated traffic generation upon the current traffic flow and congestion in the area. The repair of four boats and the storage of one large boat will not fiave a significant impact on the traffic generation. As of this time, I have not heard � of problems of traffic from the Police Department or Public Works Department. 5. Effect of any increases in population. There will be no increase in population due to the boat repair or storage. 5. Increase in noise level due to proposed use. The boat repair will be done primarily inside. There have been no complaints regarding noise from the gas station due to boat repair. 7. Increase in odors, dust, smoke, gas, or vibration by the use. No increase in these problems is anticipated. 8, Increase in animaT pests from this use. No increase in animal pests is anticiQated. 9. Visual appearance of the proposed use. The storage of one boat and temporary storage of four boats will fiave a visual impact on the area. There is a five foot high fence behind the station as shown on the plan. However, this will not completely screen boats that are on a trailer. Since this gas station was built before the current setback codes were � established, the site is non-canforming in terms of setback. The storage of the boats are in the required setback area of taday's code. If the building location and yard area was conforming, the boats wouTd be stored farther from the property lines. However, applying today's standards to the site would make the entire property unbuildable for a service station. � . . Golden Valley Planning Cammission September 9, 1988 .� Page 3 10. Any other effect upon the general public health, safety, and welfare of the City and its residents. There should be no other items that would effect the health, safety, and welfare of the City and its residents. The purpose of a CUP is to permit a use that may not be desirable if certain conditions are not followed. In this circumstance, the City CounciT has said that marine engine repair and boat storage are acceptable under certain conditions. Are the conditions proposed by Mr. Malik adequate to permit the uses? The proposed use of the property by Mr. Malik is significantly l:ess than the way he has used the property in the past. He has had six or seven-boats on the site in the past. This is too many based on tt�e size of the site. He has also had two large boats stored on the site. Two of the 38 foot boats are too mueh for this site. He is now requesting the winter storage of his own 38 foot boat. The following conditions are ones that I recommend if the Planning Corr�nission chooses to approve the Cl1P for marine engine repair and boat storage: 1. No more than four boats that are being serviced for engine or electrical repairs may be stored on the site as shown on the site S plan on file with the City of Golden Valley. This storage shall be limited to April l to November 1 of each year. 2. 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'f �� ' s ��"��"�g:u�' E . _ .. _ ' rt o .. �„}.. .. . •� � p��. � �•� �x .' ��( �/ ,-� �t i ��'doRt�rr. �,� D . , � •• s-• s. a�. .I" � a��r0 �' ros., � .�i � � _ � �a� '�� : ' : s ; as=�F�t,r t o •� �- _ •� "• . Y/ ion . _ t pj�s,itr:;'�;�� y I Rn c`- . ' �i .n ! �.�.Z . . ' � ,� /� \ � ��L ' • 4i 1�. �'.t ��..� t' ► � c �i t ! � ✓ �� .� . ►�t ri , y'��wa � �b s, '� .s f '�n R . / �0[G ' � �j� �{, ��'�0 � � ' ` �� . si � tl 'f� • ed°i � + po � =yRp , � � + v • ' . .� �� '� ► �; .i. '�i! � � i.r '' � � •�, ► / �� (`� : V ' � � •J I i1 ai / .�� . J !' n F w�� f�� Or / �1�• ♦f E ! � �o O . �•t � _ . G �i f� � �r�:� .� ` �° ' � :s� f�� . s'� � fp � ... , . . e . ; y . . � March 16, 1989 T0: Golden Valley Planning Commission FROM: Mark W. Grimes, Director of Planning and Development SUBJECT: Presentation of Preliminary Plan of the Northwest LRT Corridor by Hennepin County Regional Railroad Authority (HCRRA) Staff On Monday, March 20, 1989, the HCRRA staff will be present at the Planning Commission meeting to present the preliminary design plan for the Northwest Corridor. The Park and Open Space Committee will also be attending the meeting. The City Council will be holding the official public hearing on the preliminary design plan on Tuesday, April 4, 1989. Representatives from the HCRRA will also be making a presentation at that meeting. The City Council has until April 25, 1989 to give its approval or disapproval to the plans for the Northwest Corridor. If the Planning Commission desires, a reco�runendation on the preliminary design plan can be made to the City Council for their consideration. � �