The URL can be used to link to this page

06-27-88 PC Agenda X ` Y . Golden Valley Planning Commission Civic Center, 7800 Golden Valley Road � Monday, June 27, 1988 7:00 P.M. AGENDA I. APPROVAL OF MINUTES - JUNE 13, 1988 IIa SET DATE FOR INFORMAL PUBLIC HEARING - PLAT PETITION �kPPLICANT: City of Golden Valley twOCATION: Between Sunset Ridge and Ravine Trai1 C�EQUEST: Approval of the Preliminary Plat of North Tyrol Park III. INfORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT APPLICANT: Valley Community Presbyterian Church � LOCATION: 3100 North Li1ac Drive REQUEST: Conditional Use Permit to Allow Day Care ir� an. Institutional Zoning District IV. CONSIDERATION OF ZONING CODE AMENDMENT TO ALLOW MARINE ENGINE REPAIR AS A CONDITIONAL USE IN THE COMMERCIAL ZONING DISTRICT V. REPORT ON HRA, BZA AND CITY COUNCIL MEETINGS � . v . . � � . . . . MINUTES OF THE GOLDEN VALLEY PLANNING COMMISSION � June 13, 1988 A regular meeting of the Planning Commission was held in the Council Chambers of the Civic Center, 7800 Golden Valley Road, Golden Valley, Minnesota. The meeting was called to order by Vice Chair McAleese at 7:06 P.M. Those present were Commissioners Kapsner, Leppik, Lewis and McAleese. Commis- sioners McCracken-Hunt, Prazak and Russell were absent. Also present were Mark Grimes, Director of Planning and Development, Alda Wilkinson, City Planner, and Gloria Anderson, Planning Secretary. Ia APPROVAL OF MINUTES - MAY 9, 1988 �t was m�ved by Commissioner Leppik, seconded by Commissioner Kapsner, and �arried unanimously to approve the minutes of the May 9, 1988 Planning C�mmission meeting. I�e SET DRTE FOR INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT APPLICANT: Valley Community Presbyterian Church LOCATION: 3100 North Lilac Drive REQUEST: Conditional Use Permit to Allow Day Care in an � Institutional Zoning District Vice Chair McAleese introduced the above item. The Planning Commission set a date of May 27, 1988 for an Informal Public Hearing to consider the request by the Valley Community Presbyterian Church for a Conditional Use Permit to allow day care in an Institutional Zoning District. III. AMENDMENT TO THE ZONING CODE Director Grimes introduced a request by Greg Malik for an amendment to the Zoning Code which would allow marine engine repair in a Commercial Zoning District. This request will be considered at the May 27, 1988 Planning Commission meeting. IV. INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT APPLICANT: Ryan Automotive Land Company LOCATION: 8100 Wayzata Boulevard REQUEST: Conditional Use Permit to Allow a Limited Automobile Leasing Operation in Conjunction with Office Use of the Existing Office Building This agenda item was introduced by Vice Chair McAleese. City Planner Alda Wilkinson reviewed the staff report. She explained that Ryan would be managing � all of their operations from this office and operate only a small leasing � Minutes of the Golden Valley Planning Commission June 13, 1988 Page 2 � n f le whose cars were in ara es far service providing replaceme t cars or peop g g repairs under their insurance coverage. She also noted that they met all parking requirements and the parking lot would be improved with the addition of curb. City Planner Wilkinson stated that in the staff report it was recommended that the parking in front of the building, right off the service drive, be removed but the applicant had now requested that it remain because the building orientation is to the front and this would provide appropriate parking for visitors and there would still be adequate front yard setback. These parking spaces are in addition to the required parking. City Planner Wilkinson stated that staff recommended City Council approval of the request for a Conditional Use Permit for Ryan Automotive Land Company to operate a small leasing business �t II1�0 Wayzata Boulevard. �Ir� Ja�k Bell , Executive Vice President of Ryan Automotive Land Company, was presen�. to answer questions from the Commissioners. C�mmi�sianers Leppik and Kapsner asked about the number of cars going and coming in or�� day and the number of employees. Mr. B�11 stated that they hopefully would be leasing 15 to 20 cars a day but there would be a maximum number of 15 lease cars on the site at any one time. He said there were twenty employees who would be using the office and two people running the leasing business. Mr. Bell stated the leasing portion of the business should be referred to as "insurance replacement rental" rather than � leasing. Commissioner Leppik also asked if they would do any repairs to the cars and Mr. Bell replied they would not but perhaps would add a car wash in the future to wash the lease cars. Vice Chair McAleese opened the informal public hearing for input. Rosemary Kirley, 500 Hanley Road, stated it seemed to her the primary use of this property would be for leasing and would not want to see a car wash there. Mahlon Swedberg, 516 Utah Avenue South, stated Business and Professional Office usage is a light usage and it should remain as such for this building. He said usage of this property for car leasing, with cars going and coming, and a car wash was too intense for this residential area. Scott Thuleen, 855 Hanley Road, agreed with Ms. Kirley. Had concerns that this � would turn into a retail business. He also had concerns regarding the hours of operation, lighting of the parking areas, the number of cars being leased and the provisions for future parking spaces. Mr. Bell explained that there would be no weekend hours and the car leasing would take place only during normal weekday business hours. He noted that this would not be a good retail location because of its poor visibility and accessibility once I-394 has been completed. � Minutes of the Golden Valley Planning Commission June 13, 1988 Page 3 � A1 Hagen, former occupant and owner of this office buiiding, was also present. He indicated that when his company occupied the building there were 50 to 60 employees which created more traffic than the proposed use and that they also had many truck deliveries in and out of the property. He felt there would be a decr�ase in traffic with Ryan Automotive using the building. Bernadette Hanvik, 901 Utah Avenue South, said she had concerns with cars being par°ked on the lot overnight as she felt this would attract vandalism and have a bad effect on the neighborhood. Le� Nanvi6c, 901 Utah Avenue South, had concerns that the leasing business would ge� �oo large and the noise that a car wash would create. �r� ��ll e�plained that the car wash would help to reduce traffic as the lease �ars co�ald then be washed at the site and not driven to another location far cl��r�ingd N� also stated that there would only be room for 15 lease cars in addition to employee parking. As for future parking, he said the number of persons employed in the office portion would probably increase and therefore the�e wa�l� be a need for additional parking. Stev��rt Leanard, 775 Hanley Road, stated he would like to see the building occupied and would be in favor of the Ryan proposal if the number of lease cars did not �xceed 15. � Th� ��fo�°mal public hearing was closed. Camrr�issioner Leppik asked Mr. Bell if there were plans for night time security. Mr. Bell stated there would be security while the building was occupied and drive by security during other times. He indicated that the building also had a security system. Commissioner Kapsner said he could imagine the business out growing the building. Mr. Bell replied that the business would grow but the use of an automated reservation system would keep the number of employees down. Director Grimes made the following suggestions for conditions to the Conditional Use Permit: 1) limiting the number of rental cars to 15 at any one time, 2) eliminating the car wash and 3) that the lighting plan be reviewed by the Director of Inspections regarding its effect on the neighborhood. Vice Chair McAleese reviewed objections and points made by the neighbors. He noted that the proposed use was "in general" consistent with the Business and Professional Office Zoning and that another business could come into the buiTding which would be more intense in use and cause much more traffic. Commissioner Leppik stated she felt the car wash was an obstacle, that it was not an appropriate use. � � Minutes of the Golden Valley Planning Cor�nission June 13, 1988 Page 4 • Commissioner Lewis indicated that she felt a single car wash would not create that much noise as to be a nuisance. Commissioner Kapsner agreed that the car wash did not seem like much of a problem. Vice Chair McAleese felt he did not have enough information on the car wash to make a decision but didn't feel it would be a problem. He stated he would like the proposal to go to the Council with the car wash and to let the Council make the decision. Mre �el� stat�d that he was voluntarily withdrawing his request for provision for� � c�r �rash. �t �r�s rr►c�ved by Commissioner Leppik, seconded by Commission Kapsner and carried �nar�imously to recommend City Council approval of the request by Ryan Automotive �and Company for a Conditional Use Permit for automobile leasing at 8100 Wayzata �ouleva►~d in the Business and Professional Offices Zoning District subject to �h� fo�?awing conditions: �., The site shall confarm to the Proof of Parking Plan, Sheet No. l, prepared by Schoell and Madson, Inc. , dated May 31, 1988 and revised June 7, 1988, with removal of the car wash. � 2. All green areas adjacent to parking and drive shall be protected by concrete curb as required by the City Zoning Code, and gutter shall be installed with curb as needed for drainage. 3. Al1 required site improvements, including the addition and removal of paving as indicated on the approved plan, and installation of curb and gutter, shall be completed by October 15, 1988. 4. A financial guarantee in an amount approved by the City Engineer shall be provided to guarantee required site improvements, including the addition and removal of paving as indicated on the approved plan, and installation of curb and gutter. 5. No more than fifteen (15) rental vehicles may be parked on the site at any one time. Parking shall be in designated parking spaces only. There shall be no more parked cars at the building location at any one time than can be accommodated in designated parking spaces. 6. A lighting plan must be approved by the Director of Zoning, Community Services and Building Operations. 7. Any failure to comply with one or more of the conditions of approval shaJl be grounds for revocation of the conditional use permit. � � Minutes of the Golden Valley Planning Commission June 13, 1988 Page 5 � V. UPDATE ON I-394 Director Grimes provided the Planning Commission with an update on the I-394 Task Force. VI. REPORT ON BZA MEETING Vice Chair McAleese provided a report on the May 10, 1988 Board of Zoning Appeals (BZA) meeting. 11II. REPORT ON APA CONFERENCE C��nmi�sio�er Leppik gave her report on the American Planning Association �ar�f��ence, �he �se�ting adjourned at 9:30 P.M. � � . i i � June 22, 1988 T0: Golden Valley Planning Commission FROM: Alda Wilkinson, City Planner SUBJECT: Set Date for Informal Public Hearing - Preliminary Plat of North Tyrol Park - City of Golden Valley, Proponent The City of Golden Valley is gaing through a process to plat a11 City-owned property. This plat includes North Tyrol Park. Staff suggests that the Planning Commission set a hearing date of July 11, 1988 for consideration of this request for approval of the Preliminary Plat of North Tyro1 Park. � � June 22, 1988 � T0: Golden Valley Planning Commission FROM: Mark W. Grimes, Director of Planning and Development SUBJECT: Conditional Use Permit for Operation of a Day Care Center at Valley Community Presbyterian Church, 3100 North Lilac Drive Valley Community Presbyterian Church has requested a conditional use permit in order to operate a day care center in their church. A conditional use permit is nec�ssary because day care is only allowed in the I-1 Institutional Zoning Dist�ict with a conditional use permit. Th� �r°�pvsal is for the Valley Community Presbyterian Church to operate a day care center for up to 60 children ranging in ages from 6 weeks through pre- school . The day care center is now in the process of obtaining the license from �th� State. The day care center will employ 3 head teachers, 3 assistant teach�rs and 3 - 5 aides in addition to the director, Ann Marie Johnson. Hours of ��eration are proposed to be 6:30 A.M. to 6:30 P.M. A copy° of both the site plan for the church and a floor plan is attached. The site plan indicates that the children will be dropped off at the main entrance off lilac Drive. Parking for the center would be available in the spaces � directly north of the church building and closest to the main entrance. The site plan also indicates that there will be a fenced in playground area on the south side of the church building. This area would meet or exceed minimum State requirements. The day care center will be located on the second story of the nearly completed second story addition to the east wing of the building. The second floor, however, will be on the same level as the main entrance to the church. The second floor will have a crib room, nursery, 2 year old room, 3 year old room and 4 year old room along with required toilet facilities. Meals will be served to the children from the upgraded kitchen on the first level or by a catering service. The recent construction also included an elevator between the two levels in the church. I am attaching a copy of a ietter from Norman Baer representing the church. In the letter he describes the proposed day care operation and its relationship to the church. Section 20.03 of the Zoning Code requires that when considering a conditional use permit, the Planning Commission must make findings and recommendations to the City Council on ten items. I have reviewed those ten items and make the following findings: 1. Demonstrated need for the proposed use: The City of Golden Valley has made it a policy to support day care. I � commend the Valley Community Presbyterian Church for starting this day care operation. Golden Valley Planning Commission June 22, 1988 � Page 2 2. Consistency with the Comprehensive Plan: The Plan designates this area for semi-public uses. The day care center is consistent with this designation. 3. Effect on property values in the neighborhood: The day care center would not have a negative effect on property values in the area. �E F�fer�. of any anticipated traffic generation upon the neighborhood: �'he day care center will create additional week day traffic to the area. �lith up to 60 children there will probably be 50 - 60 drop off trips in the morning between 6:30 A.M, and 9:30 A.M. or about 20 trips per hour. In the evening there would be the same amount of trips to pick up children spread between 3:30 P,M, and 6:30 P.M. I do not consider an additional 20 trips per hour to create a traffic problem for the area._ 5. Effect of any increases in population and density upon surrounding land uses: • This day care center will not increase the population or density of the area. 6. Increase in noise level caused by proposed use: The day care center would not cause a significant increase in noise level in the area. 7. Any odor, dust, smoke, gas or vibration caused by proposed use: The proposed use will not increase odor, dust, smoke or vibration. 8. Any increase in pests caused by the proposed use: The proposed use will not increase pests such as flies or rats. 9. Visual appearance of the proposed structure or use: The Valley Community Presbyterian Church has an attractive building and �ave recentiy spent a substantial sum to upgrade the building, landscaping and parking. 10. Any other effects on the general public health, safety and welfare of the City and its residents: The proposed use will help the general welfare of the community by provid- � ing a needed public service in the community. The proposed day care will not adversely effect the health, safety or welfare of the community. Golden Vaiiey Planning Commission June 22, 1988 � Page 3 Staff recommends approval of the conditional use permit for Valley Community Presbyterian Church to operate a day care center for up to 60 children (nursery to pre-school ). The fol7owing conditions are recommended to be made a part of the permit: 1. The site and building plans submitted with the application be made a part of the conditional use permit. 2. The operation receives all other necessary permits from the State and Golden Valley before operation begins. 39 7he day care center shall be limited to 60 children. � Attachments: 1. Site Plan 2. Floor Plan 3. June 1, 1988 Letter From Norman Baer 4. Site Location Map � , . � a �..1 II ^' a� -'�F."' _I ' � c `� � ; � l�g� . 9 ;,�p �'�' � - Q., �, � --- 3 r f�0 �.�� .` 1 � �'� , ,� � 9�p � -h,\ -- ..._ . . _�,_ � � -- - li ' � �_� D __._ -_ v d ° - I ' �° ° _ - � - - � �' - Z ' Y �. i _ � — — - -- � � o � � ^ _ � ^ __ � _ �- � � -- � � J s ---� � � - ` � � _ - - ---- ---� V — _ - � —� � � -,° ,,g !�� d''/ _�___ __�._ `� —�-- � `. �'i � _ __ . � __ �._ �- .� - - � � _ _ � _ _ � __ � - - _-- �� ;_ � � � � -- � � � -- � �� µ - Q � � , � . T � ""' - : � � �, �Z - ` a� ,.��i ^ -- � -� � � � _� ' � �„ � $ : � � '�: 4 vv 3 � — �S.' � .e-�v �j � - ' ....~��7{{ � � � o � �— VI � � � � • — .r- • � (�j — I . _ .;:� � :::�;'> s �<>�'��'°`'�`..::::.. — � �- :;��;:>:;:. � - . � -�e ;�:�:. _ � � . .�s'��'<;:��`��`:;'�<:��`.�;>:::��:`�'`:':.`><'�,``>'��`�:.'::<.�'��;�.�. "'�.. .........:..�::.::::::�:o:r>::: ::::::::::.�:::.:.�:..�:,•.:�: � ......... ... . � ' ' � � �\ . �-- v d� � — d �d � �; — ' — d1 ' ';o � — �1 �C v�T-� -_ .'� • v _ �� . — � � � � � ,� 3 � �� Z � � � :�, � ; � 3 � / � � y � � ' � � �"1� � � Z � � . . � � / . � / � , . �1-! , i ===� �,,, U . �:-_. :. � � , w _ ._ � - _ .. ��c�,, ,e�z'�"I-- � ��. . . • ;.•. rt . . � y, �'��Y��k�ti � .�.y`� ��S . . . 1 6ri•.: � S. . � �r t � -�,l��ri� . . ♦ � � � fi. .<,. . . . . � � . , . � . S , t� �� .. t ('-Y �� b!� � . ,�. ..t•#•r.r . . - � , �` y( k ^- 1 �`R��t� {�n'�1 � � � ' YVw� '`y • . • • . . �, ,�`,�A �" r�--,:—.. � k;�+cha, � . �1�_E � . �k.4 :.-/'�A��-.•� (� ,!�W9� 9�. � . t , .. � . � � I ' � � . 6 li a'7Y y . '�i`.� � 'O . ��, r-_� i O ! 7�"��;� e.��. �. _. - ' . . . ,•. ' .. r�=� �� t ?S �9 . �� :" .i x� �';� � � � � . �. � • �� S-� -�� 9JG ' ��•�9 . . . t . �� . . �•. ;� �� 2 , j�i —- - ---- � ��'4 �*� �.� A � Q � r�f�^/�� •,i. �P ( .! 0 .'.,�� `' 118A 217 cz+ . • ... :• � _; o „ N-0 , �, . . . ii�. '•-�-= _ 6 . -,�„— --�,—_�, — i A ' '� r� . ,�- �" _. , � � . i''. ' ,�, . 21b i � ,. � o , . N�rsery C�;b � 7�r � N �"OD�'� N � . �..� . M 1 _, � . t'� � 26 21 � 2�` �p R ; ,. '%°� Q i •- :ro ._ ` } p h . `4 .�. �r � • . . :fli� . :��D ��-�� } b ' . � � .ii . . .. . �E t:. y '1�k �sf,:.�� '�.� re. :t$2 , . � �-�ii3i�l�4:`y'.:� � _ `�� 2_ _ _ s�.. _ � ; S 7Ys � �K �. � � . . � t . . . � �,'� � P . . 2 year olds m '� ' �,��, � ��'' �� — � �4 ': p � N r- h + , '• • ,, _ f ' , . 1 � n � ... 'I f i . .',..�' . �it:.. ' n . . � . � ' � . ��i 1 � c • " . . �t� � • . S1 �f�. ��Q .._. T{ ' �• � . v.w . �. . . . F-� � �� l ��,, ' . . � �� ' � year olds . � ' � •*. .5 . � . . ' . . • + /;j t��ys•,(, T A� � �r• *l)� ` iR t� ! �Y 124 a r ;' • �e�;:``. F l ,.�, r£l ;��iya��+- '' .".' 'g . .- ' _. ... '�` l� a �' ;"ra�� . , � . �,} � � i �... a'�,3:°�°�a�� `#� � � � ' � .. �p[ti { � � � � � DjJ� :� s a � � • . � � � • �� . . .� , ,. .. * t�;. :. `'( � .`�:' � , . . � r+ . . s r- + ._. t� r . .. 0 5 _ _ _ ; L;..:' � � 5 . _ � . . . � . . ' . � . .. � � r . y year olds � F . - . YS • • . �� , �' Ly} , ' / )))��" . �lit !..: , . • �j - ` � • r - ��t 4 , . . (y . , . .. . 34t i.;' . ' . ` , J . , �;: � � �'!�(,� � � _ � r' r �� f. . ' j��. s ]� . ' , • . .� � � � �� , � . . ' � . � � � �. .. ��, f I� �r � � • _ � • . . �a i i� � i � �.. ' . +�.�.r{��}.i � MN x•''I � '1'.I _ _�*�`^_��_ �.a ( ' ��'L+ __. •n ':� ,,,..' �. � � , . r�• .�., � .� , . �� .... .r . � . � . -- . , JOHN R. GAR&OLL� � TAMMY L. PUST . aTAMES D. oLSOr � � B E S.T 8C F LANAGAN BBIAN F. RIGE . A$GHIBALD SPENGER � T � TB.AGY J.VdAT STEENBUHGH OBERT M. SHARE ATI�OANEYS AT •,wW DAVID J. ZIIBRE BEBT L. GEOSBY � � NOEMAN J. BAER � ONABD M.ADDINGTON .3SOO IDS GENTEH ��TAMES P. MIG73EL5 . � OHERT R. BAHTH KAEEN E. SLETTEN N.WALTER GanP'r' MZNNEAPOLIS� MINNESOTA 88402-2ll3 PAUL E. KAMINSHI ALLEN D. BARNABD � BLAgE SHEPARD,JR. AICHaaD A. PETEaSON � TELEPIiONE �6121 339-'7121 ELIZABETH W.VOBACH � . ROBERT J. GHAIS?IANSON, JE. � GHRISTOPHEA J. GHAPUT � Fi�a7x J.WnL2 - . TELEGOPIEE (612) 339-SSfl7 JOax P. BOYLE THOMAS D. GAHLSON � ROSS G.FORMELL FHAN% V06L GARISTOPI3ER G.FOY MARINUS W. VAN Pi'TTEh� JR. � . JOHN A. BUHTON. JR. OF GovNSEL � �TAMES G.AIBACLES GI3ABLES S. BELLOWS . ROBEYtT L MELLER, JR. - . WARD B. LEWIS � SGOTT D.ELLER � � � � GHAHLES G. BEAQ?TIST . RETIRED . FAEDEl?IGH W.MORRIS (]p GEORGE MALONET � GEOHGE O. LUDCHE June �� 17 v H LEONAAD W. SIMOI�ET E.:IOSEPH LAFAVF III GHEGORY D. SOULL' JAMES I. BEST . GATHY F. GOALIN � � � Iieoe-19ci6i PATAIGR B. HF_\NFS'."+Y � . ROBERT cJ. FLAh'AC*AN GHHISTSNF. K. SOL,SO � ;18BB-ie�41 � f:aiiz W. IsFLr: ..�IMp':CI3Y.1�. 5D1.7.f,�'_4T' . Mse Alda Wilkinson Planning and Redevelopment Office Civic Center 7800 Golden Valley Road Golden Valley, Minnesota 55427 RE : Conditional Use Permit Application - Day Care � Valley Community Presbyterian Church - 3100 N. Lilac Drive Dear Ms. Wilkinson: Thank you for your letter of May 25 . In response, please find enclosed reduced size photocopies of a site plan and floor plan as related to the proposed child care operation. I have marked both plans with the information requested in your letter . Please note that the floor plan is for the new second floor space which is now nearing completion. In addition to this new space, the child care operation will be serviced by the church kitchen, however the children will not be in that space. The proposed child care center will be a function of the Valley Community Presbyterian Church. A "board of directors" consisting entirely of church members is functioning and will continue to serve as a liaison between the center staff and the church Session (governing body) . At some future date, community members/parents will be invited to join this board. Staff for the center will be employees of the church and the church will be responsible for all aspeets of the center . This is not an independent child care organization leasing space from the church. � The only staff hired to date is our center director -- Ann Marie Johnson. Ms. Johnson has 7+ years of experience in the child care field and a bachelor' s degree in elementary BEST 8c FLANAGAN � Ms. Alda Wilkinson June 1, 1988 Page 2 education from Augsburg College. She also holds a Minnesota Nursery School Certificate. It is anticipated that the center will employ 3 head teachers, 3 assistant teachers , and 3-5 aides, in addition to the director. We will be required to feed the children placed in our c;are . Our food program will, necessarily, satisfy state licensing requirements . Our plan is to prepare food in the church kitchen. The kitchen has been remodeled and brought into compliance with code as part of the current buildinq project . It is possible that we will need to cater faod service when we fir�t begin operation until such time as enrollment stabalizes and needed kitchen help can be hired. If any further information is needed as you consider this application, please contact me as soon as possible. If necessary, 2 can arrange to meet with you or others to discuss our proposed child care in more detail . � Very truly yours, , Norman J . aer NJB:rys: 4817U Enclosures � iSUPPLEMENTARY 1NFORMATION � 1 . Enclosed herewith is my check in the amount of $150.00 required for filing of the application. 1 understand that NO portion of this amount will be refunded to me. 2. NAME OF APPLICANT: Valle Communit Presb terian Church individual , corporation, etc. ADDRESS: 3100 N. Lilac Drive, Golden Valley Z�p; 55422 BUSINESS PHONE: 588-0831 HOME PHONE: Contact Person: orm aer Business phone : 339-7121 home phone : 420-8674 3o STREET ADDRESS OF PROPERTY DESCRIBED IN THIS APPLICATION: 31d0 N. Lilac Drive, Golden Valley 4. EXACT LEGAL DESCRIPTiON OF THE LAND INVOLVED IN THIS PETITION: (Use extra sheet and attach to this application) see attached 5� PRESENT 20NING CLASSIFICATION OF THE DESCRIBED PROPERTY: � I-1 Institutional - Churches and schools 6. DO YOU OWN THE PROPERTY DESCRIBED IN THIS APPLICATION? (See Section 10) YES X NO 7. PROPOSED USE OF THE PROPERTY AND REASON FOR REQUESTING A CONDITIONAL USE PERMIT (Be specific) : Valley Community Presbyterian Church is working with the State of Minnesota to obtain a license to operate a child care at this_propertv. The license ap�lied for would allow the provision of care for up to 60 children, . actes 6 weeks throuc�h pre-school. The antici�ated hours of operation are from 6 : 30 a.m. to 6 :30 p.m. , Monday through Friday. $. GENERAL AREA MAP: Attach an accurate, dimensioned, general area map of the area in- volved, showing the location of the subject property with respect to existing streets, railroads , drainage ways, public utitity easements, buildings and nearby properties that might be affected � by the granting of this petition. Also, attach a list of names and mailing addresses of all property owners within 500 feet of Lhe perimeter of the subject property. The scale of the General Area Map should be t" = 200' or larger. Up-to-date half-sections of approximately this scale are suitable for this purpose. . _ 4 A detailed site plan and building plans for the construction now in progress have been submitted � to the Building Department. It is anticipated that 9. DETAILED SITE PLAN: the child care will occupy primarily the portion of the building now under construction. Attach a detailed site plan of the property involved, drawn to scale of 1" = 50' or targer, showing boundary dimensions, exact location and size of existing and/or proposed structures, set- backs, parking areas, driveways, streets, rail spurs, drainage ways, buffer zones, landscaping and any other pertinent items including building height where applicable. Also, show the area of each building in square feet and the percentage of total land covered by buildings. 1�., The undersigned below own the property involved in this Conditional Use Permit application and have been fully appraised and acquainted with the land uses proposed and/or represented in this application. SIGNED ADDRE55 PHONE Valle Communit P esb ia B v�,tit,�r�.�.. Norman J. Baer � 11 . To the best of my knowledge, the statements contained in this application are true and correct. Valley Community Presbyterian Church By C� � Signature of Pe tioner Norman J. Baer Its Agent FOR CITY USE ONtY: Apptication Received on: Planning Commission Action on: City Council Action on: � LEGAL DESCRIPTION � Lot 3 , Block 1, and Outlot A, Woodlawn Park Second Addition and the following described land beginninq at the point of intersection of the north line of the S.W. 1/4 of Section 7, Township 29, Range 24 and the east line of State Trunk Highway 100; thence east along the north line of said S.W. 1/4 300 feet ; thence south parallel to the east line of said highway 450 feet ; thence west parallel with the north line of said S.W. 1/4 300 feet to the east line of said highway; thence north along the east line of said highway 450 feet to the point of beginning . Subject to road over the north 30 feet thereof . � � � 9 -, � . . ........ . ,:___ EOOf ... ZQ.�C,'7. OV'!. .. �p Z " T ;a 4 O fr1 •!6 �On �,.: 3P3 5l13 ' T � � ��f: ;" . �: � �vc�, .so. Io / 572.46 �,�ti � .. ._! 2A"' � � CiTY OF GOL�EN V4LLEY �`� �0�0 jf -� ''� � 2 ° � ; o PARK � �° � ' � � J 0 O «f . •^« 3 roo �0o Q OUT�OT 1 "' o • � 4 � • _ � . .. Qn o � SITE �■► Q '_ :� `". . � , Q � 3 0 4 b i �;� 30 • O « vo 4 • �:e 4,,5 �dor�� ti , ,o� � N • k��,t !�� 514e. o ;�, t�t/j�' .'% �� Q y►��ht5 ,t, �o } � S61'!o't �1f 'l�t 3R, 1 ��'ro '.� qt o9 �'V �8' 1��' r"�' � � 00 SIlio� �3 ti 4 � e•�r. , — _ � ( � ` ,�}` �'�1\�1�,'w1�1{t��5 30; S 5 3??S ��JI�,� 0 x.� p6�� ,o o.� u �. �, h� �' 3I13` /a o � _ *.� E � ��/r��r � �• S�° 5+JZ5,� 7�� .��s��: !� ! ^ !'�'tOb� f h, .' i 5 ..9ty" �',1t J� '� , `S ,p �. S �'r. . � • ♦ j•'�Q/ �Ic W �� R�,S�c �� • o:. MI�ZI%Ojj 4 � .,�s;'s3 �;,� � °T��TON '�"' �y • p0 y � i /01.* , l00 �. .��w�I� � �"p c us o� � � ' ''?0 10244 '�� ♦ . �s•.s...-• ;'y, ;Z. � . > > o � � _�_.l � r , o �tqs.• � ;• 41�, � 3e`;��tio � �.2i3 W '_$: v�� '�z<�SN�`o"�'r�� Z . Z^ie� Y �4� �0`�'31�'y0��.1 ~:'!��„h �j°, 10 �,� ° � �� 269'°` � Go� r5o �+� ,f. 2• • �`: � `��g � • . °;;° "' 14 � _. G�'`= 5 , � �o Q g � �s .o° 5/ 0 '�a�p � 1 - .y :° o � � DO � J�. r� "�O 8 �� , � � e �.�� v N f • � • J � . �� s,< 0 0 � �o�±�' � ° ,� ';.� '�y s � iso Q• �.,� o.� �'' ,,e �! 11 ; �;ao � ,. • aP M o v, � ? ��b ►. 4 � h ot! � ; �A k! \. t t �. � , p ` J� �r a, � 3 O o 9 �f,� `�� :��''�: \s Y7 �._sJ 4 ti - '^ .°.,� ,. a c�• '"' �,� o � �, f ` o ' ti ti �3 ��" v,'�y,�J.._3,.�,,� "' �, �`J.� i�7.ff �: � •�' ' �` .+,o,�° 5ti y- .S r / � h i64. � �� ?, o•'. � �` a o �•e ^ ��.� '` � --�SZ a ��, 3 �`� ?' ' ''n o 1 Q �`�i a o• `' . �„'�,•^( a.�o fRR � 3 i— �� • is � �� , • ;� 0 0� e , j+r � e `' ,; ti - r2 � � � • � �E ��N,t�.es �� _1QQ.� _ � ' ,� °� ` , 0 f� � u � T•20:_. ?ti, Nfi �11�?0'^ . ^ ' -------�-- . 4 M - � -• v,.'"'.�. ... ti �, (4 F� .05 1 � .�'i o � _ � {j v �:• �.. �/L I _�tl5.5_ _ � �S�I A` _ � .Aip . .�". ti� ^�:.i.� �_ ; � ti 1�4_i--- � q � " . N � ��\ .� \' �Q �� ; h �t�n + � + _ . . ~ � . � ,� ' ` '� VM �Z �r r N '.:�� '� r � 0 � . 11 ' . h w � ♦�,`v � <:,_� JZ•E---- _ � IZo io �05 ="':, - . �%o � �., __ 'Z � s1�,i�"'� o ;'• ° •r � � ..,� -• ^ff 3o'!S ir :• �_ �/�f. �, � � )� :„ 9 0 8 u° 7 _ '� -.:� t3 ° 14� °r '-'�� ~ � `b'''�,� � �� . ��.ZP- t i 1� S�' � [:�h�' � e �) �O• '"�� (� � � ''�� ' � �•S• ,,'+-. - . #�� t.,+r,r�. gq , T�i9•�� 0 10 k �+ ':c o K � o.S�f e: -= e �'� �'t.4lp0 !1/ :t�t - '. 'r I 6 T'� oe , , SJS�ULVE 537� . ,e,. 0,,5 s� ,g•, ;t�t5 ° �R.�..S •~ ,� v 5036 (�D s3zo .s��"''- �5 532,5 �''��S fl S 4 G ' S947 5^3� SOT7 S�i5 t 1� ��1'y i' N ` �. 1 78Z� 80 � .j77 I . . s.T��• R o�. �3c• +1 " ' '.0. t c � .t+ Ri �.A' �^. ��to.��-i • =. ; r. • P ; , � 3, , � � , . , �, � v� M ,_ � � �° ,Q � ' �' � �� Z � � ��;� 4 ^^ �'41 ` � • (�' ! 30!3� !' �e 2-'' o '•3 �� ( .� v n .�9.08 14�.0 i0�•S p e� �, - o� • 4 ° r�t. Z.�o�� a . � n��ao� �N __i.. h N � � o� ' 2 � _ o ti� ; Z �. � , ��C ��•ZO • • f,,�0 p N ,�o . � !•� • ��,�•N, • , • ~ , '!- � �°w. � • � : �a � iz. yir` �^. � � a - , - - �17e _ i.:� '�� w a✓ � .to SOsO �J30 ' _'O?J ` � ..��V,j� . b w�SO �� /�'xlV�a�NNVIEw � *=b�+li.�2 SC-;f� T�xe . �. �y� � � ^ , �f � e �OHDcn�r �a•s.. 3• ; •�.f��2 v � o �p� �0..02 io� 17• 3r .to---- • ; ioo � 10 ; _ � o '•`''\ R�. ��,.4p4' • �LfY °� O�i; ��y o!Y� � � �^ SQ. . . . ':. / • � � . i � ' O N M ND OL O r�', M�. O ��. ��- . ,,!► . M i 1 .R; l l,, N :.tr..• �� „ � a I1 M�:I Z •�� N , ,, , :; 1ti `i��u��Y-� �.�:o.i ti;,�-' ,�� _ "1��"" �. w �'`'°,!� ;336�7 ,0 ` )O��. � •_ 35' t1111 a ;�1:.' ,•`' 92.,i_� 92.1 ,i,. �. �, S� iGi.if � . b�� ,.� Ii�.4G �o �D °' ��si'�.c�t.�5' -:_O � �,' ,r,p�`� „ ,.i;.. •�.. y •9 ��►'� 'o� 5�.�� :..., .,RS __.�L �. �� June 22, 1988 � T0: Golden Valley Planning Commission FROM: Mark W. Grimes, Director of Planning and Development SUBJECT: Amendment to Zoning Code to Allow the Repair of Marine Engines in a Commercial Zoning District by Conditional Use Permit Greg Malik, owner of Malik's 76 Service Station at 1900 Douglas Drive, has requested an amendment to the Zoning Code. The amendment would add the follow- �ng to the Commercial Zoning District: Section 5.03. Conditional Uses: 18. Marine Engine Repair Shop If the City Council would approve such an amendment, this would allow Mr. Malik to apply for a Condltionai Use Permit (CUP) for a marine engine repair shop. At the current time, Mr. Malik repairs marine engines at his gas station. The City staff has told him to cease such repair because it is not permitted by the Zoning Code. However, the staff has given Mr. Malik an opportunity to amend the Zoning Code to make his use "legal" before he must cease the repair of � marine engines (see letter from me to Greg Malik dated March 7, 1988). As stated in my letter dated March 7, 1988, he was also given the option to go before the Board of Zoning AppeaTs (BZA) to determine if marine repair would be considered the same as auto repair since he is permitted to repair autos. Mr. Malik presented his case to the 8ZA on May 10, 1988. The BZA agreed with the City staff that marine repair is different than auto repair. Therefore, marine engine repair is not permitted in the Commercial Zoning District. The staff is recommending that the Planning Commission recommend an amendment to the Zoning Code to permit marine engine repair shops in the Commercial Zoning District by Conditional Use Permit (CUP) . It should be understood that the CUP process gives the City the opportunity to restrict marine engine repair on a case by case basis, depending on the individual site and circumstances. The CUP could consider some of the following limitations: 1) the amount of time boats are stored while boat engines are being repaired, 2} the size of boats that are to be repaired, and 3) the hours of operation. In the case of marine engine repair, the primary concern would be the number of boats stored and the time being stored on the site while awaiting engine repair. The boats stored could not take up space required for other uses on the site. In addition, the storage of boats that are being repaired must be consistent with the Zoning Code requirements for setback and screening. Under no circumstances would the CUP for marine engine repair permit the general storage of boats on a site that are not being repaired. Also, the CUP would not allow repairs other than engine repairs such as body work. � , Golden Valley Planning Commission June 22, 1988 Page 2 � The staff believes that with certain restrictions, the repair of marine engines can be permitted in the Commercial Zoning District similar to auto repair. However, a CUP is necessary to insure that boats are not stored for long term storage purposes but strictly while marine engines are repaired. Attachments: l. March 7, 1988 Letter to Mr. Greg Malik 2. May 10, 1988 BZA Minutes � � �. � � i - �; ..�,.' ''•:�,:` City of Golden Valley March 7, 1988 Mr. Greg Malik Malik's Union 76 1900 Douglas Drive Golden Valley, MN 55422 Dear Mr� Malik: Sin�e we last communicated regarding the boats and marine engines at your service station, you requested the City Attorney review the matter to deter- mine: 1. Whether the storage and repair of boats and marine engines is permitted in the commercial district under the existing zoning code; � 2. If not, what steps must be taken in order for such uses to be in conformity with the code. The City Attorney's office has determined that the storage and repair of boats and marine engines is prohibited in a commercial district under the existing zoning code. Further, the current code does not provide for the conduct of these activities pursuant to a conditional use permit. Because the zoning code in Golden Valley has never allowed boat storage and repair in a commercial district, such uses fail to be valid "nonconforming uses" nor are they subject to the theory of "grandfathering". The fact that you have been repairing and storing boats at your service station for 12 years is indicative only of a continuing violation of the code. Further, the �act that the boat engines may be modified auto engines does not bring this into the scope of "auto repair shops, including tire and auto accessory repair and installatian" as defined in Section 5.03 of the zoning code. Consequently, in order to comply with the zoning code, your options are as follows: 1. Cease the repair of boats and marine equipment on the premises, - remave all boats and marine equipment from the premises, and refrain from such activities in the future. 2. Apply for an amendment of Section 5.03 of the zoning code to allow � boats and marine equipment as a conditional use in a commercial district. If your requPSt for such an amendment is granted, you must then obtain a conditional use permit pursuant to the procedures set forth in the code. Civic Center, 7800 Golden Valley Rd., Golden Valley, Minnesota 55427, (612) 593-8000 � Mr. Greg Malik March 7, 1988 4 Page 2 � 3. Apply for a conditional use permit to allow "auto repair shops, including tire and auto accessory repair and instal:ation" and upon receipt of such permit, raise the issue with the Zoning Board of Appeals to seek clarification of whether boat storage and marine equipment repair falls within the scope of activities allowed under this conditional use. The above analysis is dependent upon the assumption that all of the boats currently situated on the premises are there solely for the purpose of repair. The City does not accept this position and, in fact, contends that the boats are actually on the premises primarily for storage purposes. Assuming boat storage is the actual activity in question here, a request for an amendment to the zoning code must be specific in requesting that boat sto�age be designated as a conditional use. Storage activities fall within the provisions of Section 5.04 of the zoning code which requires that "the storage of any material whatsoever, except where such materials are stored in a building and where the character of such building conforms with the general development of a commercial district" is prohibited. Consequently, boat storage, even under a conditianal use permit, would required the construction of a storage building conforming with other provisions of the zoning code. Because the City desires to give you an opportunity to voluntarily bring your use of the premises into conformity with the zoning code, the City will refrain from prosecuting a violation of the zoning code for a period of 30 � days from the date of this letter. If the violation of the zoning code continues beyond the expiration of the 30-day period, the City will have no alternative but to prosecute you pursuant to Section 14.05 of the code seeking a Court Order requiring you to cease the violation and assessing a fine which may be as much as $500.00 a day for a continuing violation. For your information, each day the violation continues constitutes a separate violation subject to fine. Your cooperation in resolving this matter without resorting to litigation would be appreciated. Sincerely, � � /' ;�z// ,�,,.� , �- .�� . Mark W. Grimes Director of Planning and Development MWG:ga cc: William S. Joynes, City Manager Robert M. Skare, City Attorney Allen D. Barnard, Assistant City Attorney Lowe11 Odland, Director of Public Works Lloyd Becker, Director of Zoning, Community Services and Building � Operations '. Board of Zoning Appeals Page 7 . t � May 10, 1988 Mr. and Mrs. Nelson were present. Consent had been obtained from all adjacent properties. No others were in attendance. Mr. Nelson noted his proposal is to replace an existing deck although this one is modual and therefore slightly larger. Their home is on a lot at the end of Killarney Drive. The lot is a 90° triangle and the house as placed �ust fits • Mithin side, rear and front setback lines. They abut the railroad track at the side and rear. There are no adjacent homes in alignment. After discussion by �he Board on the design of the deck, Mahlon Swedberg moved to approve the waiver as requested noting the unusual configuration of the 1ot, the topography and elevated railraad tracks on the side and rear and the dead end of Killarney Dr�rre at that point. Se�ond by Mike Sell and upon vote carried. 88-5-22 (Map 11) Conxnerci al 00 Douglas Drive Uni on 76 Gregg Malik The request is for administrative review by the Board of Zoning Appeals of marine repair and boat storage as an appropriate or conditional use on the site. � This item was not in petition form but had been placed at staff request on the agenda for a determination and affirmation of an opinion by the City Attorney which found Mr. Malik in violation of existing zoning codes applicable to his property. The Board had previously been provided with all staff reports, correspondence with Mr. Malik and the attorney's opinion. Mr. Malik was present and addressed the Board. He stated the present ordinance only provides for automobile r_e�airs at service stations and he contended all other stations in t e City are i—n�olation if they work on trucks, motor homes, etc. He acknowledged that by having four large boats all winter on his service station site, he was abusing the intent of the zoning code. He noted one boat was his and he was willing to limit it to only his boat. he described his marine repairs and the necessity to have the boats on site to work on them. The Board continued a iengthy discussion and exchange with Mr. Malik on the merits of the exis ting ordinance, the attorney's opinion and the direction Mr. Ma1ik could take in this matter. Chairman Flannagan read the letter sent by staff to Mr. Malik which contained the attorney's opinion that "he is in violation of the present code". Mr. McAleese stated that he himself is an attorney and it is his opinion that the city is correct. 7he discussion was closed by Chairman Flannagan. Mahlon Swedberg moved that it is the determfnation of the Board of Zoning Appeais acting under the pawers as defined in Section 14.04 B(1), of the City Zoning Code the Board finds � the City Attorney's opinion as correct in substance and application. Second by Mike Sell and upon vote unanimous by the Board. ,. 8oard of Zoning Appeals � Page 8 `. Ma�y 10, 1988 � � Mr. Malik asked what recourse he had or what direction he could take in this matter. Chairman Flannagan noted the appeal process to the City Council as provided by the ordinance. However, it appeared to him an appeal would be unproductive recognizing the attorney's opinion as given. Secretary, Lloyd Becker, noted that staff has provided Mr. Malik direction wherein he could request the present ordinance be amended with provisions for a conditional use permit for the activity he wants to continue. If approved, he could be brought into compliance by his response. It appeared that was the direction Mr. Malik would take. TP�ere being no further business to come before the Board, it was upon a��tio►�= second, and vote to adjourn at 9:30 P.M. ,L/ ,�_ �' �`` L � _�.✓ f�C-t', �; . � Art Flannagan, Chairman Lloyd G. Becker, Secretary � �