05-09-83 PC Agenda , _ ._ ... .. -._ .. . . - -�' T-.. .. . . . _..' .. ��
` GOLDEN VALLEY PLANNING COMMISSION �j
(Civic Center, 7800 Golden Valley Road) '�
May 9, 1983
7:00 P.M.
� � AGENDA i
1 . APPROVAL OF MINUTES - APRIL 25, 1983 �
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{ 1 . SET DATE FOR INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT i
� APPLICANT: Steve Meyer and Henry Meyer
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LOCATION: 8000 Olson Memorial Highway
REQUEST: Conditional Use Permit for Class II Restaurant I
in a Commercial Zoning District
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III . INFORMAL PUBLIC HEARING - PRELIMINARY PLAT �
APPLICANT: Amoco Oil Company
LOCATION: 900 Memdelssohn Avenue North '
REQUEST: Preliminary Plat Approval for "Standard �
Oil 3rd Addition"
� IU. INFORMAL PUBLIC HEARING - CONDITtONAL USE PERMIT ',
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APPLICANT: Medicine Lake Lines ;
LOCATION: " 9125 lOth Avenue North `!
REQUEST: Conditional Use Permit for Bus Storage
� Yard in an industrial Zoning District
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V. REVIEW OF CAPITAL IMPROVEMENT PROGRAM
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VI . DISCUSSION OF ACCESSORY APARTMENTS il
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VII . DISCUSSION OF 1984 OPERATING BUDGET �
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VIII . REPORT ON CITY COUNCIL MEETING - MAY 3� 1983 '
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, IX. REPORT ON PACAC MEETING - APRIL 26, 1983 ;
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MINUTES OF THE GOLDEN YALLEY
� P LANNING COMMISSION
� April 25, 1983
A regular meeting of the Planning Comnission was held in the Council Chambers
of the Civic Center, 7800 Golden Valley Road, Golden Valley, Minnesota.
C hairman Thompson called the meeting to order at 7:00 P.M.
T hose present were Comnissioners Forster, Leppik, Polachek, Prazak, Singer,
Thompson and Tubman. Also present was Alda Peikert, Assistant Planner.
I . Approval of Minutes - April 11, 1983
I t was moved by Co►rani ssi oner Forster, seconded by Comni ssi oner Si nger and
c arried unanimously to approve the minutes of the April 11, 1983 Planning
Comnission meeting as recorded.
II. Set Date for Informal Public Hearing - Preliminary Plat
APPLICANT: Amoco Oil Company
L OCATION: 900 Mendelssohn Avenue North
REQUEST: Preliminary Plat Approval for "Standard
0 i 1 3rd Addi ti on"
� C hairman Thompson introduced this agenda item.
It was moved by Comnissioner Tubman, seconded by Comnissioner Polachek and
c arried unanimously to set an informal public hearing date of May 9, 1983 for
consideration of the Preliminary Plat of "Standard Oil 3rd Addition", which
p roposes division of the 12 acre Standard Oil site located at 900 Mendelssohn
Avenue North into two lots each 6 acres in size.
III. Set Date for Informal Public Hearing - Conditional Use Permit
APPLICANT: Me dicine Lake Lines
L OCATION: 835 Decatur Avenue North
REQUEST: Conditional Use Permit for Outside Bus Storage
in the Industrial Zoning District.
Chairman Thompson introduced this agenda item.
It was moved by Comnissioner Leppik, seconded by Comnissioner Singer and
c arried unanimously to set an informal public hearing date of May 9, 1983 for
consideration of the Conditional Use Permit requested by Medicine Lake Bus
Lines for outside storage of buses on a six acre parcel of land which Medicine
Lake Bus Lines proposes to purchase f rom Standard Oil and add to its site
� located at 835 Decatur Avenue North in the Industrial Zoning District.
Planning Correnission Minutes
A pril 25, 1983 '
Page 2
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IV. Informal Public Hearing - Rezoning
APPLICANT: David A. Reinke
L OCATION: 9025 - 23rd Avenue North
REQUEST: Change Zoning from Residential (Single Family)
to Two Fami ly (R-2) Resi denti al Zoni ng Di stri ct
C hairman Thompson introduced this agenda item and explained the Planning
Comnission informal public hearing procedure for the benefit of residents
attending the hearing. Chairman Thompson then asked for Planning Comnissioner
questions of staff.
Comnissioner Prazek asked whether there are any doubles other than those in
Kings Valley in the neighborhood of the subject site. Staff confirmed that
there are no other doubl'es in the immediate vicinity of the sub�ect site.
Comnissioner Thompson recognized the proponent, Mr. David Reinke, and asked
whether he wished to add any information. Mr. Reinke stated that he did not
h ave any i nformati on to add.
C hairman Thompson opened the informal public hearing for public input.
� M r. Tom Zins, 8925 - 23rd Avenue North, stated that there is a rationale for
establishing zoning and that reasons for establishing single family residen-
tial zoning include preservation of the ambience of a neighborhood, control of
p opulation density in an area and maintenance of property values. Mr. Zins
offered his opinion that an exception should not be made for the subject lot
located within an establ,ished single family residential neighborhood. Mr.
Zins continued with the 'observation that good planning makes use of buffers
between single family residential development and main arterials in the manner
in which Kings Valley provides a buffer between County Road 18 and the ad,ja-
c ent single family residential neighborhood. Mr. Zins observed that there is
a definite division between the single family r�sidential neighborhood and
Kings Valley formed by a creek between the two areas and reinforced by the
f act that the road does not run through between the two areas. Mr. Zins
concluded that there should be good reason for a rezoning and that he sees no
good rationale for a change to R-2 in the case of the subject lot. Mr. Zins
a dded that the rezoning would add traffic to a street alreac4y busier than he
likes due to the location of the park at the end of the street. He also
cautioned that rezoning of the subject lot could set a precedent for conver-
sion of other homes in the area to two family dwellings.
M r. Paul Anderson, 2233 Ensign Avenue North, expressed concern over lack of
information on the type of structure to be built on the subject lot. Mr.
Anderson stated that he �is not against the proposed rezoning to R-2 but is
concerned over potential', drainage problems resulting f rom development of the
p roperty. Mr. Anderson pointed out that the subject property is low and that
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Planni ng Comni ssion Mi nutes
April 25, 1983
Rage 3
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there is a high water table problem in the area. Mr. Anderson speculated that
development of the subject lot would necessitate raising the ground level and
that alteration of the lot could cause water problems for adjacent homeowners.
M r. Richard Larsen, 9036 Elgin Place, stated that his lot abuts the southern
p roperty �ine of the subject lot. Mr. Larsen stated that the water table in
the area has risen sinc2 he constructed his home in 1969 due to subsequent
development of surroundjng properties. According to Mr. Larsen, tests taken
a t the time of construction of his home confirmed no water to a depth of six
f eet. Presently the wa�er table is one foot below the slab of his home. Mr.
Larsen asked whether neighbors would have any input concerning the type of
building to be constructed on the subject lot. Staff stated that following
rezoning a developer may construct any building which conforms with the
restrictions for the zoning district, including setback requirer�nts and
height limitations. Neighbors have no input at the time the building permit
is issued. Staff pointed out that even when a developer submits a construc-
tion plan with a rezoning application, the owner or subsequent owner is not �
bound to that specific plan following the rezoning. Mr. Larsen indicated
agreement with clarification offered by Co mnissioners that his concern over
water problems would be the same under either Residential or R-2 zoning and
that he questions whether the lot should be developed under either zoning
classification.
� Comnissioner Polachek noted that the Planning Comnission may recomnend appro-
val of the proposed rezoning and at the same time request that the City
Engineer inspect the property to determine whether development could take
place without causing water problems for neighboring homeowners. Comnissioner
P o�achek further pointed out that it is accepted that a developer is respon-
sible when land alterations create problems for ad,jacent property owners.
M r. Larsen asked whether the proponent, Mr. Reinke, would be able to obtain a
tax abatement if it were determined that his property is unbuildable. It was
confirmed that application for an abatement would be appropriate in such a
case.
M r. Stan Hansen, 9050 Elgin Place, stated that he has no problem with the pro-
posed construction of a double unit. He stated that his concerns are that the
s tructure conform in appearance to other residences in the area and that
potential water problems are recognized and considered.
M r. Dave McCunn, 8930 - ',23rd Avenue North, stated that he has lived at his
current address in the neighborhood since 1961. Mr. McCunn stated that once a
p roperty i s rezoned the 'nei ghborhood resi dents rr�st 1 i ve wi th any probl ems
created by the rezoning and he feels that any breaking of the single family
residential precedent far the neighborhood must be done very carefully. Mr.
McCunn pointed out that 'there are a number of four and five bedroom colonial
s tyle homes in the neighborhood, including his own home, and that families in
these homes are reaching the age where children will be leaving. He specu-
lated that future requests for conversion of these homes to two family
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Planning Comni ssion Mi nutes
April 25, 1983
Page 4
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dwel l i ngs coul d fol l ow a fi rst break i n precedent resul ti ng f rom rezoni ng of
the subject lot to R-2.
C hairman Thompson closed the informal public hearing.
Comni-ssioner Singer stated that he wished to note for the information of resi-
dents present for the informal public hearing that a later topic of discussion
on the Planning Commission agenda would be the question of utilization of
underoccupied single family homes.
In response to an informal question from the audience concerning the placement
of restrictions on the sale of the subject lot, Comnissioner Polachek explained
that the only possibility for restriction would be by means of a restrictive
covenant placed on the lot by the current owner. Co mnissioner Polachek noted
that restriction by the City would approach censorship and that such restric-
tion would not be within the purview of the Planning Comnission.
Commissioner Tubman observed that a builder intends his development to be
marketable and that it is unlikely a developer would build something bizarre
or divergent from the surrounding neighborhood.
Comni ssi oner Leppi k stated for the i nformati on of resi dents attendi ng the
informal public hearing that the City of Golden Valley does not at this time
� have an ordinance provision for conversion of single family homes and that
without a change in the City code ar�y requests for conversion would be turned
down.
Comnissioner Leppik asked the proponent whether he has attempted to sell the
subject lot as a single family home site. Mr. Reinke replied that he placed
the lot on the market as a potential double unit site.
Comnissioner Tubman asked whether there are any other vacant potential double
unit lots in the area. Co mnissioner Prazak confirmed that there are no other
available lots in the neighborhood, and Commissioner Tubman concluded that the
lack of other potential double unit sites eliminates the precedent question.
C hairman Thompson stated that in his opinion Kings Valley is not close enough
to the subject lot to be relevant to the proposed rezoning. Chairman Thompson
pointed out that Kings Valley is separated f rom the single family residential
neighborhood and that 23rd Avenue North does not go through to Kings Valley.
CHairman Thompson stated that he is not prone to allow construction of one
duplex in a single family residential neighborhood and that he prefers to
maintain the integrity of the single family residential neighborhood.
Comnissioner Leppik moved that the Planning Comnission recomnend that the City
Council deny the request received f rom Mr. David Reinke for rezoning of his
vacant lot located at 9025 - 23rd Avenue North from the Residential (Single
Family) to the Two Family (R-2) Residential Zoning District to allow construc-
tion of a duplex based on the premise that there should be a compelling reason
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Planning Co�nission Minutes
Apri 1 25, 1983
P age 5
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f or a rezoni ng and based on the fact that there i s no comp el l i ng reason for
the proposed rezoning. Comnissioner Leppik added that if the lot proves to be
u nmarketabl e as a si ngl e fami ly home si te, the rezoni ng request coul d be
reconsidered.
Comni�ssioner Prazak seconded the motion and stated that he supports the motion
f or denial because the proposed rezoning would be an isolated incidence of
rezoning within an area consistently single family.
Comnissioner Singer stated that he sees a compelling reason for a recorrmen-
dation of approval of the proposed rezoning in view of the need to fully uti-
lize the limited amount of remaining vacant land within the City of Golden
V alley. Comnissioner Singer offered a substitute motion that the Planing
Correnission recommend City Council approval of the rezoning requested by Mr.
David Reinke of his vacant lot located at 9025 - 23rd Avenue North from the
Residential (Single Family) to the Two Family (R-2) Residential Zoning
District to allow construction of a duplex with the stipulation that the
owner, Mr. Reinke, place on the lot a restrictive covenant requiring construc-
tion of a building comp atible with the surrounding neighborhood.
Comnissioner Tubman stated that she concurred with Comnissioner Singer's
, recommendation for approval of the proposed rezoning due to the fact that the
rezoning would have a minimal impact on the neighborhood but that she had a
� p roblem with the stipulation of a restrictive covenant.
Correnissioner Forster seconded the substitute motion stating that he concurred
with Comnissioner Singer's stated reason for supporting approval of the pro-
posed rezoning but that at the same time he questioned stipulation of a
restrictive covenant.
Following Co►►�nnissioner and staff discussion concerning legality and advisabi-
lity of requiring a restrictive covenant, a vote was taken on the substitute
motion. The motion did not carry, with Commissioner Singer voting in favor
and Correnissioners Forster, Leppik, Polachek, Praaak, Thompson and Tubman
voting against the motion.
C hairman Thompson asked for further discussion on the original motion recom-
mending City Council denial of the rezoning based on lack of a compelling
reason for rezoning.
Comnissioner Prazak �oted that the rezoning request could be resubmitted if
there should be evidence in the future of a compelling reason for the rezoning.
Comnissioner Tubman stated that based on concern for maxirr�m utilization of
the little buildab°le land remaining in Golden Valley and based on the minimal
impact the proposed rezoning would have on the surrounding area, she favored
approval of the rezoning request.
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Planning Comnission Minutes
April 25, 1983
P age 6
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Comnissioner Forster stated that he agreed with the points made by
Comnissioner Tubman. Commissioner Forster pointed out that there could be no
expansion of the double unit concept to other sites in the area unless there
is a major change in the City Zoning Ordinance. Co mnissioner Forster concluded
that he was against the recommendation for denial.
A vote was taken and the motion failed on a vote of three to four. Those
voting in favor of the motion were Conenissioners Leppik, Prazak and Thompson,
and those voting against the motion were Corranissioners Forster, Polachek,
Singer and Tubman.
Comnissioner Polachek stated his support for approval of the proposed rezoning
without stipulation of a restrictive covenant based on his feeling that the
p roposed duplex would be a suitable transition between Kings Valley and the
single family residential neighborhood and based on the fact that the proposed
density would be no more than that results f rom the location of single family
homes on lots half the size of the subject lot or smaller.
I t was moved by Co�ni ssi oner Pol achek and seconded by Comni ssi oner Tubman to
recorrunend City Council approval of the request received from Mr. David Reinke
f or rezoning of his vacant lot located at 9025 - 23rd Avenue North from the
Residential (Single Family) to the Two Family (R-2) Residential Zoning
District to allow construction of a duplex. A vote was taken and the motion
� carried by a vote of four to three. Those voting in favor of the motion were
Comnissioners Forster, Polachek, Singer and Tubman, and those voting against
the motion were Commissioners Leppik, Prazak and Thompson.
V. Review of Capital Improvement Program
C hairman Thompson introduced this agenda item and asked whether Corr�nissioners
had comments on the Capital Improvements Program. It was determined that
Comnissioners had questions concerning street projects in particular which
require answers from the Director of Public Works.
It was moved by Comnissioner Polachek, seconded by Comnissioner Singer and
carried unanimously to defer consideration of the Capital Improvements Program
until the next Planning Commission meeting and to ask the Director of Public
W orks to provide the Planning Co►ranission with an overview and answer questions.
VI. Recommendation of Implementation of the City Housing Policy
Chairman Thompson introduced this agenda item and invited com�nents on the
"Recommendation to the City Council for Implementation of Housing Policy" pre-
pared by Chairman Thompson on behalf of the Planning Comnission. Comnissioner
Singer stated that he felt the recommendation had been prepared by the person
best qualified for the job, namely Chairman Thompson.
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P 1 anni ng Corrani ssi on Mi nutes
April 25, 1983 �
Page 7
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I t was moved by Comni ssi oner Si nger, seconded by Comni ssi oner Prazak and
carried unanimously to forward the "Recommendation to the City Council on
Implementation of Housing Policy" as written to the City Council as the
Planning Commission recommendation. Chairman Thompson stated that he would
p repare a cover letter to go with the recommendation to the Council.
VII. Discussion of Accessory Apartments
C hairman Thompson introduced this agenda item and invited discussion. Several
Planning Cormnissioners expressed desire for legal advice as to what restric-
tions may legally and appropriately be placed on the addition of accessory
apartments to single family residences. Co mnissioner Tubman offered for the
next meeting materials received at the American Planning Association (APA)
Conference in Seattle listing possible restrictions and the risks involved
with each. Comnissioner Leppik stated that she has handouts received at the
APA Conference concerning methods for approaching the community on provision
f or accessory apartments. It was agreed to defer discussion of accessory
apartments until the next Planning Comnission meeting and to distribute APA
Conference materials on this subject.
VIII. Report on City Council Meeting - April 19, 1983
Comnissioner Singer provided the Planning Comnission with a report on the
• April 19, 1983 City Council Meeting.
IX. Report on HRA Meeting - April 12, 1983
C hairman Thompson provided the Planning Corrunission with a report on the April
12, 1983 meeting of the Housing and Redevelopment Authority (HRA).
X. Report on BZA Meeting - April 12, 1983
Co�nissioner Polachek provided the Planning Corronission with a report on the
April 12, 1983 meeting of the Board of Zoning Appeals (BZA). Comnissioner
P olachek reported that Hopkins Independent School District No. 270 revised the
P reliminary Plat for "Meadowbrook School Addition" to enlarge Lot 2, site of
the former school administration building proposed for sale for office use.
The revision eliminated the need for several variances, including the variance
f or 1 ot si ze. A copy of the revi sed Prel i mi nary P1 at was di spl ayed, and �
Planning Commissioners expressed no objections to the revision.
XI. Report on PACAC Meetings - April 5� and 12, 1983
Comnissioner Prazak, who represents the City of Golden Valley on the Urban
Hennepin County Corrranunity Development Block Grant (CDBG) Planning Area Citizen
Advisory Comnittee (PACAC) for Planning Area One, provided the Planning
Comnission with a report on the PACAC meetings of April 5 and 12, 1983.
Comnissioner P razak reported that the PACAC reviewed the CDBG Program propo-
sals for nine communities including that of Golden Valley and that the PACAC
� would prepare its recommendations at a meeting scheduled for April 26, 1983.
Planning Commission Minutes
April 25, 1983
P age 8
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Comnissioner Prazak further informed the Cormnission that CDBG funds in the
amount of approximately $200,000 will be available for reallocation and that
guidelines for competition for these funds will be prepared and distributed.
Corrrnissioner Prazak reported that in addition, funds for jobs will be
available through the block grant process and that he volunteered to serve on
a n advisory committee which will prepare recommendations to Hennepin County on
dispersal of job funds.
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XII. Discussion of 1984 Operating Budget
Chairman Thompson reported that he received from the City Mayor a letter
requesting suggestions for the 1984 Operating Budget of the City. Chairman
Thompson asked whether Planning Comnissioners have any ideas to contribute.
It was decided that the matter would be held over to the next Planning
Comnission meeting to allow time for Planning Corr�nnissioners to give the
question consideration.
The meeting was adjourned at 8:45 P.M.
� Respectful ly submi tted,
D avid hompson, Chairman Margaret Leppik, Secretary
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• T0: GOLDEN VALLEY PLANNING COMMISSION DATE: MAY 4, 1983
FROM: ALDA PEIKERT, ASS.ISTANT PLANNER
SUBJECT: SET DATE FOR INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT �
FOR CLASS II RESTAURANT AT 8000 OLSON MEMORIAL H�GHWAY IN A
COMMERCIAL ZONI.NG DISTRICT
Mr. Steve Meyer and Mr. Henry Meyer request a Conditional Use Permit to
allow operation of a barbecued rib, chicken and beef take out restaurant
in the Golden Valley Shopping Center located northwest of the intersection
of Highway 55 and Winnetka Avenue North in a Commercial Zoning District.
The take out barbecue operation is proposed for a cu�rently vacant space
located to the rear of the central mall within the shopping center.
Staff suggests that the Planning Commission set an informal public hearing
date of May 23, 1983 for consideration of the Conditional Use Permit
apptication received from Mr. Steve Meyer and Mr. Henry Meyer for operation
of a Class II restaurant at 8000 Olson Memorial Highway within a Cor�nercial
Zoning District.
• AP:kjm
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� T0: GOLDEN VALLEY PLANNING COMMISSION DATE: MAY 4, 1983
FROM: ALDA PEIKERT, ASSISTANT PLANNER
SUBJECT: INFORMAL .PUBLIC HEARING - PRELIMINARY PLAT OF "STANDARD OIL
3RD ADDITON"
Amoco Oil Company requests Preliminary Plat approval for "Standard Oil 3rd
Addition", which proposes division of the 12 acre Standard Oil site located at
900 Mendelssohn Avenue North in an industrial Zoning District into two lots each
6 acres in size. The purpose of the proposed plat is to allow Amoco Oil Company
to selltfie easterly six acre lot to Medicine Lake Bus Lines for use as a bus
storage yard.
Lot 1 of the proposed plat is the site of the existing Standard Oil building. The
proposed new lot line is an adequate distance from the existing building but
cuts a biacktop area behind the building shown as truck trailer parking area. The
requ�red parking setback from a rear property line in the Industrial Zoning District
is 10 feet. Plans for grading and reuse of Lot 2, proposed for sale to Medicine Lake
Bus Ltnes, indicate proper setback on Lot 2, but a finished site plan for Lot 1
is not provided. The proponent should be aware that a 10 foot landscaped yard is
required between the new lot line and parking area.
• Lot 2 of the proposed plat is currently vacant property, part of which serves as
storm water ponding area for the surrounding vicinity. Adequate provision for
storm drainage and storm water holding area is crucial in preparation of the
subjeet proposed plat. The preliminary grading plan provides storm water ponding
based on City storage capacity requirements and acceptable to the City Engineer.
However, area storm drainage involves the Northwestern Bell Telephone Company site
immediately to the south on Mendelssohn t�venue, and the City Engtneer has not yet
recetved verification of coordination required between consulting engineers worktng
for Standard Oil and for Northwestern Bell . The City Engineer suggests that t6e
City Council not set a hearing date. for considerati:on of the preliminary plat untit
documentation of coordination between Standard 0il and Northwestern Bell on storm
drainage is provided to the City Engi:neering DepartmentA
Staff suggests that the Plenning Commission recommend City Council approval of the
Preliminary Plat of "Standard Oil 3rd Additton", which proposes division of the
Standard Oil site located at 900 Mendelssohn Avenue North. Staff will not place
s�tting of a hearing date on the City Council agenda until the City Engineer
is satisfied with coordination between Standard Oil and Northwestern Bell on storm
drain�ge plans.
AP:kjm
Attachments:
1 . Site location map
2. Preliminary plat
3. Preliminary Grading Plan
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.
. T0: GOLDEN VALLEY PLANNING COMMISSION DATE: MAY 4, 1983
FROM: ALDA.���PEIKERT, ASSISTANT PLANNER
SUBJECT: INFORMAL PUBL.IC HEARING - CONDITIONAL USE PERMIT FOR MEDICINE
LAKE BUS LINES BUS STORAGE YARD AT 9125 IOTH AVENUE NORTH IN AN
INDUSTRIAL ZONING DISTRICT
Medicine Lake Bus LPnes located at 835 Decatur Avenue North requests a Conditional
Use Permit for establishment of a bus storage yard on a 6 acre parcel of land which
Medicine Lake Bus Lines proposes to purchase from Standard Oil . The Conditional
Use Permit application is submitted fn conjunction with a Preliminary Plat request
received from Amoco Oil Company proposing division of the Standard Oil site
located at 900 Mendelssohn Avenue North to allow sale of a lot fronting on
JOth Avenue North to Medicine Lake Bus Lines.
The site of the proposed Medicine Lake Lines bus storage yard is separated from the
existing Medicine Lake Bus Lines facility at 835 Decatur Avenue North by a 20 foot
wide strip of land owned by the City of Golden Valley. Medicine Lake Lines requests
that the City of Golden Valley either deed the strip of land to Medicine Lake Lines
to provide contiguous parcels or give Medicine Lake Lines an easement to allow bus
access across the strip from the current Medicine Lake Lines site to the proposed
bus storage yard. The City acquired the stfip of land from the State for a specified--
• purpose and may not sell it to another party. The only way to transfer the strip
to Medicine Lake Lines would be to return it to the State, after which the State
could sell the property to anyone, not necessarily Medicine Lake Lines. The
preferable solution is City granting of an access easement over the strip of land,
and approval of a Conditional Use Permit based on the proposed site plan should be
conditional upon negotiation of such` an easement.
The proposed bus storage yard is allowed only as a Conditional Use in the Industrial
Zoning District in which the subject site is located. Section 7.03 6. of the City
Zoning Code lists "off s.treet parking lots for adjacent Commercial or Industrial
uses" as a Conditional Use. The proposed bus parking lot is on a separate parcel
not immediately adjacent to or combined with the existing Medicine Lake Bus Lines
site and therefore falls into the parking lot use category.
Section 20.03 G. in the Conditional Uses Chapter of the City Zoning Ordinance stipulates
that the Planning Commission shall make findings and recommendations to the City
Council based on ten considerations, not necessarily given equal weight, when
reviewing a Conditional Use Permit request. Review of the subject request for a
Conditional Use Permit with respect to each of the ten factors listed by Ordinance
follows:
•
• RE: Informal Public Hearing - Conditional Use Permit for Medicine Lake Bus Lines
Bus Storage yard at 9125 lOth Ave. N. in an Industrial Zoning District
�4ay 4, 1983
Page 2
l . Demonstrated need for the proposed use.
Medicine Lake Bus Lines provides the only bus service to downtown Golden Valley
and to many parts of the City. Medicine Lake Lines has expressed willingness
to expand service as required, such as with redevelopment of the Valley Square
Central Business District. Medicine Lake Bus Lines provides an essential service
to the community.
2. Consistency with th� Comprehensive Plan of the City.
Long term land use designated for the subject site on the Comprehensive Land
Use Plan is Industrial . The proposed use is consistent with Industrial use and
zoning.
3• Effect upon property values in the neighboring area.
Adjacent properties are all in Industriat or Light Industrial use or are zoned
for Industrial or Light Industrial use. Neighboring property values will not
be affected by the proposed Industrial use.
4. Effect of any anticipated traffic generation upon the current traffic flow
• and congestion in the area.
There is currently no traffic congestion problem in the area of the subject
site. Expansion of the existing Medicine Lake Bus Lines operation in the area
is not expected to cause any traffic congestion problems. The proposed bus
storage facility provides Medicine Lake Lines with an access point off of
lOth Avenue North in addition to existing access off of Decatur Avenue North
allowing for use of alternate points of entry into traffic.
5. Effect of any increases in population and density upon surrounding tand uses.
The proposed use adds no population.
6. Increase in noise levels to be caused by the proposed use.
The existing Medicine Lake Bus Lines operation causes no noise problems, and
expansion of the operation is not expected to increase noise levels.
7. Any odors, dust, smoke, gas, or vibration to be caused by the proposed use.
The existing Medic.ine Lake Bus Lines operation causes no problems associated
with odors, dust, smoke, gas or vibration, and expansion of the operation is
not expected to create such problems.
•
RE: Informal Public Hering - Conditional Use Permit for Medicine Lake Bus Lines
• Bus Storage Yard at 9125 lOth Avenue North in an Industrial Zoning District
May 4, 1983
Page 3
8. Any increase in flies, rats, or other animals or vermin in the area to be
caused by the proposed use.
The proposed use would not cause any increase in flies, rats or other animais
or vermin in the area.
9• Visual appearance of any proposed structure or use.
Section 7.08 of the Industrial Chapter of the City Zoning Ordinance requi�res
screening of outside equipment storage to prevent visibility from the street
and from adjacent properties. The Landscape Planting Ptan submitted by the
proponent for screening ofi the proposed bus storage facility was reviewed by
the consulting landscape architect retained by the City. The landscape
architect states in his review that the facility is adequately screened by
berming and plantings on the north along lOth Avenue and that a combination of
trees and shrubs adequately screens the facility on the south. However, the
widely spaced trees on the eastern and western perimeters provide only seasonal
and less than g0 percent screening. The addition of vines on the perimeter fences
on the east and west is suggested to strengthen screening. Approval of the
requested Conditional Use Permit should be conditional upon installation of
� landscaping according to the plan with the addition of vines on the eastern and
western perimeter fences.
The landscape architect compliments the landscaping treatment in general , and the
proposed bus storage facility should have a pleasing visual appearance.
10. Any other effect upon the general public health, safety, and welfare of the City
and its residents.
The proposed use will not have any other effect on the publi�c health, safety
or welfare.
Review of the proposed bus parking lot use in view of the ten factors stipulated
by Ordinance for consideration of a Conditional Use Permit results in favorable
findings and indicates a favorable recommendation. Staff suggests that the Planning
Commission recommend City Council approval of the Conditonal Use Permit requested
by Medicine Lake Bus Lines for a bus storage yard located at 9125 lOth Avenue North
in an Industrial Zoning District subject to the following conditions:
1 . Conformance with the Site Plan Sheet No. 2 dated April 7, 1983 prepared by
t4cCombs-Knutson Associates, Inc.
2. Installation of landscaping in accordance with the Landscape Planting Plan
Sheet No. 4 submitted by Roy A. Anderson, Wehrman Consultants Associated, Inc. ,
on April 13, T983, with the addition of vines on the eastern and western
perimeter fences.
•
• RE: Informal Public Hearing - Conditionat Use Permit for Medicine �Lake Bus Lines
Bus Storage Yard at 9125 lOth Avenue North in an lndustrial Zoning District
May 4, 1983
Page 4
3. Provision of a landscape bond in the amount of $24,000 which shall run for two
(2) full growing seasons and until released by the Golden Valley Inspection
Department. The bond shall be executed and delivered to the Golden Valley
Inspection Department prior to ini�iation of site work.
4. Protection of all green areas adjacent to parking and access areas by concrete
curb.
5• Negotiation of an easement from the City of Golden Valley for access across
Tract C of R.L.S. No. 1293•
6. Failure to comply with one or more of the conditions of approval shall be
grounds for revocation of the Conditional Use Permit.
AP:kjm
Attachments:
l . Site Location Map
• 2. Site Plan
3• Grading Plan
4. Landscape Planting Plan
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• T0: GOLDEN VALLEY PLANNING COMMISSION DATE: MAY 4, 1983
FROM: ALDA .PEIKERT, ASSISTANT PLANNER
SUBJECT: REVIEW OF CAPITAL IMPROVEMENT PROGRAM
Attached is a copy of the City of Golden Valley Capital Improvement Program
for the period 1983 through 1987 as submitted to the City Council at the
May 3, 1983 City Council meeting. The material includes an introductory
listing of projects with brief explanations of each.
The City Council solicits Planning Commission comments on the State Aid
Street Fund. The remainder of the Capital Improvement Program is referred
to the Planning Commission for information.
City Director of Public Works Lowell Odland will be present at the May 9,
1983 Planning Commission meeting to provide an overview of the Capital
Improvement Program and to answer questions.
AP:kjm
.
�
BUILDING FUND
1983
• Upper Remodeling and Engergy Improvements: Humidifers and continuation of
1982 pro3ect
Public Safety Remodeling: Campletion of 1982 project
*Public Safety Lower Remodeling: Folding door, carpet, �emergency operating
center
*Emergency Generator, Civic Center: Hookup generator needed from Public
Safety building to electric system
Emergency Generator, Maintenance Shop: Provide emergency lights and power
for equipment
Park Shelter Roofs: Completing project started in 1982
Park Shelter Energy Improvement: Completing pro3ect started in 1982
**Maintenance Shop Roof: Reroof and add insulation - roof on building is
original 1940's
*Civic Center Lower Level Remodeling: Provide counter in Public Works,
enlarge office area
*Street Garage Roof Repair: Repair of roof flashings and roof area around
mechanical equipment
1984
Garage Storage: Replace 3 old garages used for storage, provide inside
storage for administration cars
Park Shelter Energy Improvements: Insulation of storage area, etc.,
mechanical equipment efficiency
**Park Shop Outside Improvement: Blacktop and fencing of storage areas
� *Park Shelter Interiors: lighting, floors
1985
Park Garage Doors: Insulated doors on park garage for energy conservation
Parking Improvements: Replace bituminous curb on north side of Civic Center
with concrete .
Civic Center Lawn Sprinkler; Provide lawn sprinklers to entire Civic Center
area. Now have many small areas across drives etc. , must haul and move
hoses regularly.
Park Shelter Interior: Continuation of 1984 program
*Recreation Equipment Storage: Provide storage areas for recreational groups
such as Soccer Association, Football Association, Hockey Association - now
storing in basement of Brookview
1986
Energy Improvements to Yarious City Buildings: Insulation of outside walls,
insulation of Street Garage roof and office area etc.
1987
*Pa�rc Shelter Interiors: Toilet area planned replacement of fixtures
*Brookview Interior: Redecorate upper area used by Parks and Recreation
*Civic Center Cooling Replacement: Planned replacement of compressor and
coils
• * N ew i tem
** Included in previous CIP but not revised
EQUIPMENT REPLACEMENT FUND
1983
� *Replacement of Phone/Radio Recorder in Dispatching Office: l,ft cost paid by
New Hope
Administrative Cars: Programmed replacement of two administrative cars
Park Tractor: Programmed replacement of 2nd mowing/sweeping tractor
Dump Trucks: Programmed replacement of 2 trucks
Park Mower: Replacement of Toro reel-type mower
*Park Maintenance Vehicles: replacement of units in parks with small pickup
and accessories
*Radio Tone/Civil Defense Sirens: To equip to match County-wide program
1984
Administrative Car: Final scheduled replacement in current round
Sweeper: Replace Street Department Wayne sweeper
*7 Foot Snow Blower: Replace large PTO driven snow blower used for cleaning
out hockey rinks
1985
Park Mower: Replacement of second Toro reel-type mower
Loader: Replacement of Cat wheel loader in Street Department
*Park Van: Replacement of 1976 3/4 ton van in Park Department
1986
• Dump Trucks: Scheduled replacement of two trucks
Fire Pumper; Scheduled replacement of front line pumper
1987
*Administrative Cars: Replacement of lst car of new round of replacements
(lst of 6 cars)
*Sweeper: Replace Elgin sweeper in Street Department
STATE AID STREET FUND
The descriptions are self-explanatory.
CITY WIQE STORM SEWER
1983
City Wide Storm Sewer Fund: Necessary preliminary work prior to embarking
on pro3ect
1984
City Wide Storm Sewer Fund: ist year of construction pro�ect
Public Works Reserve Fund: Repair funds advanced for Bassett Creek work
�
PARK FUND
1983
• **Open Space Management: Completion of Phase II, implement Phase III, revised
plan
**Playground Equiprr�nt: Installation of equipment purchased in 1982 and
purchase and installation of additional replacement equipment
Lighting Replacement: Lighting replacement Wesley Park hockey, and engieering
costs to review a11 park lighting
*Parking Lot Repair and Improvement: Improve and extend the current parking
1ot at Seeman Park (to be done in con�unction with area sewer project) and
striping of lots repaired in 1982
**Trail Improvements: Entry signage
Repair and Resurfacing of Tennis Courts, Hard Surface Areas and Park Walkways:
Medley, Lions, Gearty Parks, Scheid (tennis courts, hard surface areas and
walkways) and North and South Tyrol , Hampshire, Papoose, Yosemite (hard
surface areas and walkways)
Rotary Shelter: Completion of 1982 project
Tree Planing Program: Reforestation of parks and open spaces, replenishment
of tree nursery
**Brookview Pond Erosion Study; Study of improvements necessary to curb
current erosion
Sand Yolleyball Courts: Install two courts, one each at Wesley and
Hampshire Parks
*Professional Services: Architect fees, consulting services and engineering
services for 1983/84 project; mechanical , structural review of Broakview
pool
� 1984
**Playground Equipment Replacement: Continuance of equipment update program
Hockey Lighting Replacement: Replacement of lighting poles and fixtures at
Medley Hills
Realignment of Softball Diamonds: Ad�ustment in the current alignment of
diamonds to provide common foul lines. Pro3ect should be coordinated with
installation of sprinkling system. Temporary lighting will be necessary
at either Sandburg Junior High, Scheid, or Wesley to operate soccer and
football programs.
Trail Improvements: Installation of ammenities i.e. benches, ramps,
interest points
Repair and Resurfacing Tennis Courts, Hard Surface Areas and Park Walkways:
Wildwood, Seeman, Brookview
Tree Planting: Continuance of the park reforestation program �
Automation of Park Sprinkling System: Efficiency improvement to athletic
turf area at Lions Park
*Professional Services: Architect fees, consulting services and engineering
services for pro3ect
*Park Entrance Signage: Identification signage of all regional and neighbor-
hood parks similar to Brookview; and planning, construction and plantings,
3 year program
*Neighborhood Park Revitalization: Turf, lighting and facilities improvement
to smaller sites in park system i.e. complete reconstruction of hard
surface face areas at Golden Oaks Park and reconfiguration of play area at
• North and South Ty rol
PARK FUND - CONTINUED
1985
� **Playground Apparatus and Equipment Replacement: Replacement of worn equipment
and installation of one new ma3or apparatus at Brookview
**Replacement of Lighting: Replacement of hockey lighting at Gearty, Lions,
and Medley Parks; and Phase I of lighting improvements for tennis and hard
surface areas
**Trails Improvement: Construction of trail in Laurel Avenue Greenbelt;
�onstruction of handicap trail surface at Mary Hills properties
Repair and Resurfacing Tennis, Hard Surface Areas and Walkways: Resurfacing
of Brookview tennis courts; tennis courts, hard surface, and walkway areas
at Wesley and Glenview Terrace
Tree Planting Program: Replacement of trees in park areas
**Automation of Park Sprinkling System: Completion of installation of
sprinkling system in athletic fields
Professional Services: Architect fees, consulting and engineering services
Park Signage: Standardizing signs within the parks, i.e. ball diamond
numbering, tennis court regulations, and internal directional signs
*Neighborhood Park Revitilization: Lakeview skating area regrading and redesign
*New Vita Exercise Trail/General Mills Research Trail
1986
*Open Space Management: Pond, creek and open space cleanup to include removal
of all heavy debris, storm damage, etc; plus Rice Lake bog walk replacement
Playground Apparatus and Equipment: Replacement of worn equipment
• Replacement of Lighting: Replacement of lighting at tennis, hard surface
and walkways
Trail Improvement: Construction of trail in Valley Square area
Tree Nursery: Planting scheme for park entrance areas; and planting of berm
� area around Lions Park parking lot
Professional:Services: Planning funds for community center in Sandburg
Junior High 1987-88 school year
*North Tyrol Overvew: Install wood overview of natural area north end of
open space area
*Yita/Exercise Trail : Install new exercise trail stations for Senior Citizens
at Brookview
*Fencing Replacement: Replacement of fence fabric with barbed top with
knuckled type of fence fabric at Schied Park and blacktop fabric replacement
on ballfields
1987
*Lighting: Continuation of program
*Walkways and Hard Surface Areas: Continuation of program
*Parking Lot Curbing: Install curb and gutter in parking lots (3 year program)
*Brookview Parki'ng Lot Seal Coat: Sea1 cotaing and striping of the main
parking area at the Brookview Community Center
*Autamation of Brookview Park Sprinkling System: Replace existing manual
spri.nkling system in Brookview Park with automated system controlled in
Park Shop
*Metal Restoration: Painting of existing metal light standards, play apparatus
• *Rehabilitation of Scenic Overviews: Repair or replacement of scenic overview
Pennsylvania Woods, St. Croix Park and Brookview
*Fencing Replacement: Replacement of backstops at following sites: Brookview;
Lakeview, Gearty. North Tyrol, South Tyrol, Natchez and Lions -
PUBLIC WORKS RESERVE
1983
• **Disposal Site: Continuation of Landscaping Hard Surface Storage Area
installation
City Share: Storm sewer, streets, annual provision non-assessable portion
of construction projects
Bassett Creek: Payment of final 20� of construction assessment
**DeCola Ponds: Remedial work regarding flooding
Street Signs: lst year of replacement program
*Concrete Street Repair: Replacement, 3acking of concrete streets Sidewalks:
Construction approved in Spring 1983
*Property Surveys: Surveys of Olson Highway and Bonnie Lane properties
1984
**Disposal Site: Continuation of pro�ect
City Share: Storm sewer and streets, annual provision
Street Signs: Continuation of 1983 pro�ect
*Concrete Street Repair; Continuation of program.
Street Replacement: Studies and preliminary work for annual street
replacement program
Sidewalks: Construction of additional sidewalks as determined in Spring 1984
1985
Street Replacement: lst year of pro3ect of replacing bituminous streets
� 1986
Bassett Creek/Pennsylvania Bridge: Replacement of existing bridge with Bebo
structure
PUBLIC LAND FUND
Laurel Greenbelt: 3 year planting program
COMMUNITY CENTER FUND
1983
*Architectual Evaluation of Brookview
*Replacement of Community Center Roof: stop water damage
*Evaluation of Swim Pool Structure, Mechanical , etc.
�
' �
`�'j�j _
. .. 1 .
�� ; 1 -� ��
� �
Capital Improvement Program (cipbu) b:cpbu �83.0
Building Fund year > 1983<
----1982 1983 1984 1985 1986 19a7
Bal Fwd - Last Year __448468__23267g__1g2012 156612 53443 56115
Sources of Funding
------------------------
Transfers
General Fund 100000 125000 100000 100000 150000 125000
Revenue Sharing 1g2g2
Interest Income ___45043 11634 9601 7831 2672 2806
----------------------------
Total Available ------"'-""--
__611793 369312 301612 264443 206115 183921
Projects:
----------------------------------------
Civ Ctr Upper Level
Remoc]el & Energy Imp 94053 16000
P.S.Bldg Rerodelling 264789 20000
P.S.Bldg Lor�er Renodel 15000
Park Garage Doors 15000
�Civ Ctr Garage/Storage 100000
nerg Gen Civ Ctr 10000
raerg Gen traint Shop 20000
Park Shelter P.00fs 2619 40300
Aiaintenance Shop Doors 7324
Hiaintenance Sr,op Roof 40000
Fuel Pump Controls 3713
Civ Ctr Parlk Lot P.epair 8000
Civ Ctr Lawn Sprinkler 100000
Park Shelter Energy Ir�pr 5000 15000
blaint Shop Sewer Repair 6617
Park Shop Outside Irapr 20000
Various Energy irr,pr 150000 100000
Civ Ctr Lower Remodel 5000
Park Shelter Interiors 10000 18000 5000
Recreation Equip Storage 70000
Brookview Interior 10000
Street Gar Roof Repair 6000
Civ Ctr Cooling Replace 30000
-----------------------------------------
Total Pro 'ects -'-""
� 379115 177300 145000 211000 150000 145000
------------------------
------------------------
a ance Fwd-Next Year 232678 192012 156612 53443 56115 38921
�
•
capital equipment program (ciper) b:cper 83.2
eguipment replacement fund year > 1963<
<
' 1982 1983 1984 1985 1986 1987
----------------------------------
Bal Fwd - Last Year --'-'-"'-----
98838 219270 199034 220485 246509 308835
------------------------------------------------
5ources of Funding
Transfers
General Fund 42500 25000 25000 50000 50000
Cert Ind Sink Fund 39113
Revenue Sharing 37865
Sale of Cert Inc3ebt 118500 100500 65000 165000 185000 75000
Interest Incor�e 11839 10964 9952 11024 12325 15442
MN/DOT Share 911 Cost 4340
New Hope Sh Disp Ea,uip 61497 13000
Sale of Assets Replaced 8814 3300
---------------------------------------
otal Available __380�06__389534__298985__421509__493835__449277
ro�ects: ------
911-Dispatch System 123671
p Recorder/Logger 26000
ninistrative Cars 14475 16000 6500
Park Tractors 23390 25000 9000
Durnp Trucks 70000
Park l�iowers 85000
Sweepers 28000 35000
Loac3er • 65000 75000
Park Van 130000
Fire Pumper 10000
7ft Snowblower 1000D0
Park Maint Vehicles 5000
Radio Tone-C.D.Sirens g000
17500
-------------------------
�tal Projects �-----""'--"--------
__161536_ 190500 78500 175000 165000 84000
---------------------------------------
lancc Fwd-Next Year 219270 199034 Z20485 246509 308835 3�5277
_______________________________
___________________
�
. � .
�
Ca�ital Improvenent Program(cppk) b:cppk 83.0
Park Cap Improve�;ent Prog year > 1983<
1982 1983 1984 1985 1986 1967
. ------------------------------------------------
Bal Fwd - Last Year 184912 196685 30484 65008 85759 121047
------------------------------------------------
Sources of Funding
Tran�fers
General Fund 75000 23000 125000 100000 120000 125000
1966 Park IIond Fund 27500
Share by Others 6665
Rotary Club 1500
Interest Incor�e 21827 9834 1524 3250 4288 6052
------------------------------------------------
Total Available 289904 229519 157008 195759 210047 252099
------------------------------------------------
Projects:
Mary Hills Pk Stuc3y 1691
Seeman Pk 2348
Sandburg nallfields 29858 °
Open Space tianagenent 6210 69000 15000 15000
�layground Eguip 4958 7000 70Q0 9000 5000
ighting Replacenent 9308 11000 12000 15000 15000 15000
Realign Ballfielc3s 9000
Parking Rep & Improve 17770 13000 37000
Trails/Ylalkways 5000 6000 18000 10000
Resurf T.Cts & Hd Surf 34000 18000 25000
Rotary Shelter 19200 3035
Tree Plursury 5000 5000 4000 5000
Brookview Pond Erosion 5000
Volleyball Courts 1876 4000
Autor,iate Sprklr Syst 11000 7000 10000 15000
Mary Hills Pk 12000
Pk Drainage Ir�provenent 15000
Consulting Services 5000 5000 5000 5000
Pk Entrance Signs 8000 3000
Pleighborhooc] Pk Upgrade 15000 15000 12000 25000
Vita Exercise Trails 6000 7000
Fence �eplacenent 15000 16000
t;etal Restoration 10000
------------------------------------------------ �
Total Projects 93219 199035 92000 110000 89000 133000
------------------------------------------------
Balance Fwd-Next Year 196685 30484 65008 85759 121047 119099
�
.
capital Improven,ent Program (cippw) b:cppw 83.0
Public Works �eserve Fund year > 1983<
1982 1963 1984 1985 1986 1987
------------------------------------------------
�sal Fwd - Las� Year 794926 839019 640930 871726 900313 660328
------------------------------------------------
Sources of Funding
Transfers
General Fund 150000 100000 125000 150000 100000 150000
Strm Swr. Fund Repayment 423750
C D B G 100000
Franchise Fee 500000 500000 500000
Aliscellaneous gpg
Interest Income 52838 41951 32046 93586 45016 33016
------------------------------------------------
Total Available 998673 1080970 1221726 1565313 1545328 1343345
------------------------------------------------
Projects:
Disposal Site 10181 20000 20000
City Share:
Storm Sewer 22034 25000 65000 65000 65000 65000
Streets 34681 50000 50000 50000 50000 50000
�assett Creek 73750
eCola Ponds 90000
Street Signs 15000 15000
Concrete Street Repair 60000 50000 50000 50000 100000
Street Replacenent 50000 500000 500000 500000
Brialge-Creek/Pennsylv 220000
Sidewalks 100000 100000
Olson Hg���y Prop Purch 9275g
Property Surveys 6290
------------------------------------------------
Total Projects 1�9654 440040 350000 665000 885000 715000
------------------------------------------------
Balance Fwc]-Next Year 839019 640930 871726 900313 660328 628345
________________________________________________
•
�ital Improvement Program (cipsa) b:cpsa 83.0
te Aid Street �Fund year > 1983<
1982 1983 1984 1985 1986 1987
Bal Fwd - Last Year 1231044 1574560 1442140 517247 770109 957615
------ ------ ------ ------ ------ ------
5ources of Funding
Gas Tax Allotment 436071 468852 450000 480000 480000 4a0000
H�tA Repayment 755117
Interest Income 60232 78728 72107 25862 38505 47881
�otal Available i
1727347 2122140 1964247 1023109 1288615 2240613
?rojects: ------ ------ ------ ------ ------ ------
State Aic7 Maintenance 15599 50000 50000 50000 50000 50000
Florida P� of 12 101315
Th55 Traf� Sig Revision 8845
Sandburg/Nevada 200000
Duluth-Flag/18 � 140000
-TH100 150000
Olympia-W'tka/Pa. 152000
�. -Jersey/Douglas � 100000
-Douglas Trf Sia 100000 �
Railroad X-ing Repair 22883 40000 40000
2ane/TH55 Frontage 280000
�one-TH12/Betty Crocker 260000 109000
Z'bncrete Repair 100000
18/Plymouth Trf Sig 75000
Douglas/GV Rd Trf Sig _ 100000
T.H.55 Frontage Eval.
T.H.100/Glenwooa 15000
Hillsboro/70 Trf Sig � � 100000
Nevada/70 Trf Sig 100000
Laurel-
Pennsy/Louisiana 165000
Xenia/Colorado 210000
Colorado/Florida 103000
Florida/Hampshire 72000
Hampshire/Louisiana 145000
P.hode Islanc] Av 4145
------ ------ ------ ------ ------ ------
otal Projects 152787 680000 1447000 253000 331000 295000
alance F'wd-Next Year 1574560 1442140 517247 770109 957615 1945613
. a=n=o� oa=aaa �aoaoa a=cnac n=oa=� ancaca
� .
• � -
Capital Improvernent Program(CPSS) b:cpss 83.0
'ity Wide S.S. Fund year > 1983<
� 1982 1983 1984 1985 1986 1987
------ ------ ------ ------ ------ -
al Fwd - Last Year -53556 -189054 -229054 0 0 0
------ ------ ------ ------ ------ -----
ources of Funding
Bonds-G.O.& Assmt 1675000 1750000 500000
Less: Capitalized Int and
Financing Cost -157969 -145438 -46125
Interest Income 0 0 0 0 0
------ ------ ------ ------ ------
�tal Available -53556 -189054 1487977 1604562 453875 0
rojects: �� - ------ ------ ------ ------ ------
South Fork St Sewer 7261 10000
Gen City-Wide Program 8646 25000 1064227 1604562 453875
Bassett Cr R-O-W 32799 5000
Floxida S. St Sewer 867g2
Repay Pub Wks Res Advance 423750
• ------ ------ ------ ------ ------ ------
135498 40000 1487977 1604562 453875 0
------ ------ ------ ------ ------ ------
�lance Fwd-Next Year -189054 -229054 0 0 0 0
aaa=aa ao=aaa a=eoaa aa�n=a a��=aa 000==a
� '
• . .
. s
apital Improvement Program(CPPL) brcppl 83.0
ublic Land Fund year > 1983<
�
1982 1983 1964 1985 1986 1987
------ ------ ------ ------ ------ ------
al Fwd - Last Year 37446 43363 25531 4808 15048 15600
------ ------ ------ ------ ------ ------
ources of Financing
Contributions in Lieu
of Land 5000
Transfers from Gen Fund 25000
Interest Income 4117 2166 1277 240 752 790
------ ------ ------ ------ ------ ------
otal Available 46563 45531 26808 30048 15800 16591
------ ------ ------ ------ ------ ------
rojects:
Laurel Greenbelt 3200 20000 22000 15000
------ ------ ------ ------ ------ ------
• ____3200 20000 22000 15000 0 0
------ ------ ------ ------ ------
alance Fwd-Next Year 43363 25531 4808 15048 15800 16591
aa==aa aa=a== aa=aaa o===na aa=°== a===aa
•
C�pital I��provement Program (cpcc� .
Conmunity Genter Fund yed1 � 1983� b.cpcc 83.0
----19a2 1983 1984 1985 1986 1987
---------------------------•-�--------------
Ba1 Fwd - Last Yea�r 0 -1657 143 150 158 166
--------------------------------------------p----
Sources of Financing
Transfers from Gen Fund 64500
Sale of Bonds
Contributions
Interest Income p � � 8 g , 8
------------------------------------------------
Total Available 0 62643 150 158 166 174
-----------------------------------------
Projectsr . """'-'
Conm Ctr Evaluation 1857 50'00
Roof Replace�ent 52500
Pool Evaluation 5000
------------------------------------------
1857 62500 0 0 0 0
B�nce Fwc3-Next Year ====1657=====143====-150- ----------------------
158 166 174
____________________________
�
' . .
apital Improvement Program b:cpgenfd
eneral Funa App,ropriations 1983
1982 1983 1984 1985 1986 1987
------------------------------------------------
�uip. Replacement Fund 42500 25000 25000 50000 50000
lblic Works Reserve Fd 150000 100000 125000 150000 100000 150000
�ilding Fund 100000 125000 100000 100000 150000 125000
►rk Cap. Improve. Fund 75000 23000 125000 100000 120000 125000
�blic Land Funa 25000
►mm. Center Fund 64500
------------------------------------------------
'otal Appropriations 325000 355000 375000 400000 4200Q0 450000
a=oaa==aa==acaooaaa=aa=aaa==aa=aa=na=a==c=aoaoaa
�
� .
• T0: GOLDEN VALLEY PLANNING COMMISSION DATE: MAY 4, 1983
FROM: ALDA PEIKERT, ASSISTANT PLANNER
SUBJECT: DISCUSSION OF ACCESSORY APARTMENTS
Discussion of accessory apartments was deferred from the April 25, 1983 Planning
Commission meeting to the May 9, 1983 Planning Commission meeting to allow distri-
bution of materials obtained by Commissioners Leppik and Tubman at the National
APA Conference in Seattte.
Attached for background information for a discussion of accessory apartments is
a paper received by both Commissioner Leppik and Commissioner Tubman at separate
sessions on the subject at the APA Conference. The handout stresses the importance
of providing clearly stated objectives for regulation of accessory apartments.
The paper offers a planning model for first identifying needs and goals before
considering specific regulations and also provides a list of possibte restrictions
and standards with discussion of legal issues involved in the use of each.
Distributed separately along with agenda materials is a draft report on Accessory
Housing prepared by the Association of Metropolitan Municipalities (AMM) Housing
Committee for publication in the near future. This report again emphasizes the
need for inclusion of a statement of objectives in regulations dealing with
� accessory apartments. The AMM Housing Committee Report includes as an attachment
a report prepared by the Westchester County Planning Department, New York, from
which the AMM Report draws some of its material . .
The staff report on Accessory Apartments for the April 25, 1983 Planning Commission
meeting informed Commissioners that the Minnesota Hpusing Finance Agency (MHFA)
is working on an accessory apartment demonstration program and recently hired a
new staff person to coordinate the program. As an update on that program, the new
staff person reports that MHFA is currently working on regulations for the program
and that it will probably be six months before the loan program actually begins
operation. However, MHFA will be looking for commitments within the�next three to '
four rr�nths from communities interested in participating in the program. MHFA is
contemplating both a program with an income limitation for homeowners receiving
low interest loans and a separate program with no income limitations for recipient
homeowners who agree to rent accessory apartments to persons qualifying under the
Seetion 8 Rental Subsidy Program.
AP:kjm
Attachments:
1 . Accessory Apartments by Dwight H. Merriam
2, Draft AMM Housing Committee Report on Accessory Housing with attached
Guide to Accessory Apartment Regulations: Meeting Smaller Household Needs
� (Enclosed separately)
�
ACCESSORY APARTMENTS
� � by Dwight H. Merriam
Robinson, Robinson � Cole
Hartford, Connecticut
'Increased Need and Demand 'Planning for Accessory
for Small , Rental Units Apartments -
'Regulatory Strategies 'Constitutional Issues •
INTRODUCTION
A remarkable demographic change occurred during the decade
from 1970 to 1980 - the average household size decreased from
3. 11 to 2.75 persons per household. "1980 Census Finds Sharp
. Decline in Size of American Households" , N. Y. Times, 5/26/81 ,
p. l . Not much you say? This decrease in household size coupled
with the increase in population of 11% from 203 to 226.5 million
persons, resulted in a 24% increase in the total number of
� households. That is an increase fram 63.4 to 80.4 million
households - 17 million new households in just 10 years.
And the Population Reference Bureau anticipates a 21%
further increase in the 1980' s, and a further decrease in
average household size to 2.47 persons. "Population Bulletin" ,
Population Research Bureau, 6/82. ' ,
/' �+ �
�
L C�o —� e�`� ` 0 t�.�t� ,�-R-l�tlt,e+a� �u.��,�5, �
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. �JI.Qo� .31�s �cs...+�CSL. ��5- .�o�..�C.�T U.�:.d��. �S S
i
. �
Who are these "new" households? Many include people from
� the World War II "baby boom" , born between 1946 and 1955 , and
now entering the housing market. Many are families with
children maintained by one parent - a family type which
increased 79% between 1970 and 1979, principally because of an
increased divorce rate. The only family type to decrea°se
numerically in the 1970 's, by one million, was that consisting
of a married couple with children. "American Way of Housing
Changing As Number and Cost of Units Increases" , N. Y. Times,
4/20/82, p. B6.
The elderly, those over 65, now number 24 million. That
age group is growing faster than any other age cohort. Many
elderly live in one-person households which had the largest
• numerical increase, 6.4 million, of any type of household during
the 1970 ' s. The median age of women who maintain nonfamily
households is over 64. "One-Parent Families Rose 79% in Decade,
U.S. Report Indicates" , IV. Y. Times, 11/17/80, p.29.
The facts compel but one conclusion - there is a great
demand for smaller dwelling units, particularly for one and two
person households without children.
' At the same time, housing production has been down for
. several years because of high interest rates and decreased
financial resources of home purchasers and renters. Many young
households are forced to move in with relatives because of.
•
economic hard times and the lack of affordable housing. Between
. the beginning of 1981 and March 1962, the number of homes or
apartments with a second, related family sharing the unit
increased from 1 .2 to 1 .9 million, the � first large increase
since 1950. '�Married Couples Squeezing Into Parents ' Home" , N.
Y. Times, 2/24/83� p. B1 . Twenty-eight percent of all
households are "nonfamily" units of unrelated people living
together. "Costs and Social Changes Promote Shared Living" , N.
Y. Times, 7/28/81 , P. Al2. And finally, much of the existing
housing stock has become functionally and economically obsolete
because older houses are too large for most households and too
expensive to heat and maintain. "Alternative Approaches to
Housing Older Americans: Hearing before the Special Committee
on Aging of the United States Senate" , 97th Cong. , 2nd Sess.
• 55-58 (1982) (Statement of Dwight H. Merriam) [hereinafter cited
as Hearing] .
UNTYING THE GORDIAN KNOT
Gordius, the King of Phrygia, tied a knot which could only
be unt:ied by' the future ruler of Asia. Alexander the Great cut
it with his sword. The housing problem, like the Gordian Knot,
is intricate and seemingly insoluble in the short term. But
accessory apartments, which carve up our housing stock to
magically make two units out of one, offer a quick and
inexpensive solution to a large part of the problem.
�
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An "accessory apartment" is a dwelling unit created within
• an existing single family home or on the same lot. It is an
independent unit, but it may share an entrance, yard and parking
with the primary unit. Accessory apartments are sometimes
called single-family conversions, mother-in-law apartments,
mother-daughter, homes, secondary residences and, in Denmark,
"kangaroo apartments" . Related, but different� forms o�f housing
are "shared housing" - units with a common kitchen, and "granny
flats" or "ECHO" (elderly cottage housing opportunities)
housing - independent detached or semi-attached units usually
placed in the rear yard of an existing dwelling. AI1 these
forms of housing raise similar regulatory problems and legal
issues .
Apparently, there are many Alexanders the Great in the
• world cutting up existing housing to create accessory apart-
ments, often without the benefit of local regulatory authority.
One estimate is that there may have been as many as 2.5 million
conversions during the 1970' s. P. Hare, S. Connor and D.
Merriam, "Accessory Apartments: Using Surplus Space in Single-
Family Houses" (APA PAS Report 365 1981 ) [hereinafter cited as
Hare] . Seventy-one percent of 186� towns responding to a survey
sent to 600 communities in the New York City area reported
illegal conversions, while only 10% had ordinances regulating
conversions. "High Costs Said to Force Illegal House Conver-
sions" � N. Y. Times, 1/18/81 , p. 30. Long Island, New York may
•'
. -4-
have as many as 15,000 illegal conversions. Hare, p. 4. The
• most important, immediate problem for land use planners is
planning for conversions and regulating them.
PLANNING FOR CONVERSIONS
When regulations are based upon good data and a sound plan,
they stand a much greater chance of being successfully defended.
See, e.g. Penn Central Transportation Co. v. New York City, 438
U.S. 104, 98 S.Ct. 2646 (1978) [landmarks studied and identified
before regulations adopted] ; Potomac Sand � Gravel Co. v.
Governor of Maryland, 266 Md. 358, 293 A.2d 241 (Md. 1972)
[state compiled evidence on biological importance of wetlands] ;
and Golden v. Planning Board of Town of Ramapo, 30 N.Y.2d 359,
285 N.E.2d 291 (N.Y. 197.1 ) [growth management regulations in
• conformance with local comprehensive plan upheldJ . Also local
�
-resistance to accessory apartments can be considerable and must
be overcome. The Tri-State (New York, New Jersey and
Connecticut) Regional Planning Commission recently found that
only 32 percent of the residents in affected communities think
accessory apartments are desirable; 46 percent said they are
undesirable. "Home Conversions Increasing Phenomenally" , New
Haven (Conn. ) Register, 1/18/81 � p. F1 . Apparently, middle and
lower middle class neighborhoods, where people have worked to
achieve the status of single family homeownership, feel most
threatened by conversions. Said one homeowner: "Apartments are
a sign of deterioration. It takes the sparkle out of the
• American Dream just knowing there are apartments on the block. "
A Suburban Tempest: Neighbors Riled by In-House Apartrents" , IJ.
Y. Times, 12/8/81 , p. B2. The lesson is simple - start with
• planning, not regulation, in confronting the problem of
accessory apartments.
The rational planning model has five steps. See generally,
Decision-Making in Urban Planninq (I. Robinson, ed. 1972) .
Planning for accessory apartments includes:
1 . Goal Setting: Identify the problem and community
goals ; determine who needs accessory apartments; and seek to
discover concerns about adverse impacts on surrounding uses;
determine location, type and size of units desired; translate
goals into standards and criteria that can be measured, e.g. 50
new accessory apartments for the elderly in owner-occupied
residences within three years.
� 2. Plan Formulation: Prepare several alternatives for
achieving agreed-upon goals; avoid the tunnel vision of looking
only for answers in regulations and consider affirmative action
such as constructing public housing or renting ECHO units at
cost. '
3. Plan Evaluation: Predict consequences �of the alterna-
tives, remembering that doing nothing is an alternative that
will likely result in more illegal conversions ; consider the
legal consequences - for example, can you limit occupancy of
.
accessory apartments to the elderly or to families without
children?
. ' .
-6-
4. Plan Implementation:. Draft regulations including de-
• sign standards; seek changes in enabling legislation as
required; develop non-regulatory techniques of implementation,
such as tax abatements.
5. Plan Review and Feedback: Review the performance of
the plan as implemented using the criteria established in the
Plan Formulation Stage; revise the plan as required, modifying
the regulations to improve goal accomplishment.
Following these few simple steps, well-known to all
students of planning, can produce substantial results.
Regulatory strategies will work better and the defense of
programs will be made easier and more certain to result in a
favorable outcome for the local government.
• REGULATORY STRATEGIES - THE "NELSON TOUCH"
. Lord Nelson was the greatest naval commander in history.
In 1779 at the unusually young age of 21 he was promoted to the
rank of captain. His most important successes began in 1793
when war broke out between England and Revolutionary and
� Napoleonic France. In 1794, during the battle to capture
Corsica, Lord Nelson lost the sight of his right eye in the
attack on Calvi. Lord Nelson' s ability to perceive and exploit
boldy the immediate tactical possibilities as battles developed
was extraordinary and came to be called "the 1Velson touch" .
�
.
-7-
Lord Nelson eventually retired, but was recalled to duty in 1801
when England sought to prevent the so-called "Armed Neutrality"
� from closing the Baltic. Lord Nelson was second-in-command to a
Admiral Parker, an officer of average ability. They attacked
Copenhagen, after careful planning by Nelson, but Nelson was
slowed by the powerful Danish defenses. Parker, apparently
concerned with the possibility of failure, hoisted the recall
flag thereby giving Lord Nelson the authority to withdraw. Lord
Nelson, on being told of the recall signal , raised his long
glass to his right eye, said "I see no signal" and went on to
win the battle.
There are times when planners must use "the Nelson touch" ,
size up the situation and act quickly and boldly to make best
use of the tactical possibilities. There is little direct
� guidance in the case law to help land use regulators through the
uncharted waters of planning for accessory apartments. While
there are legal and political risks in promoting accessory
apartments, many public officials believe the time has come to
turn a "blind eye" toward the uncertainties and to go forward
with local programs .
Unquestionably, there is a teradency to avoid the difficult
problems of regulating accessory apartments. As one county
zoning director has stated: "there are no easy answers, so we
back-burner it. " " 'Accessory' Living Becoming Popular. " The
(Balt. ) Sun, 8/29/82, p. F1 . However, acceptance of continued
• �
• -8-
�Nillful violations is unac�e table because it
P promotes poor
• quality conversions. Hare, pp. 4-5.
For existing illegal conversions an amnesty period is
recommended during which owners are allowed to apply under the
new r�gulations. Waivers of the standards may be required. The
objective is to bring all conversions under regulation and then
enforce the regulations against recalcitrants. One interesting
technique to force compliance, used in Pittsburgh, is to require
the seller of a converted house to provide the buyer with an
occupancy permit. "City Hopes to Solve Mansion Cut-up Caper" ,
The Pittsburgh Press , S/29/82, p. .
FORM OF REGULATION
� Allowing conversions � as of right may work for some smaller
communities, but it is generally not advisable because it allows
little or no review at the time the unit is created and no
periodic future review.
Site plan approval is a better approach. The site plan can
be as simple as a sketch drawn by the homeowner showing
conformance with the requirements of the regulations.
Perhaps the best technique is to allow conversions as a
v special or conditional use. Often conditions can be imposed to
protect surrounding uses from adverse effects. For example,
additional screening of parking areas might be required. The
�
permit should be issued for a one or two year ter�, if the
� jurisdiction allows such a restriction, to , enable periodic
review by the local land use authority.
The use of the floating zone or overlay zone could be
helpful in increasing the flexibility of deciding where
conversions will be allowed. Montgomery County, Maryland seems
to use this techinque. Hare, p. 12. In addition, in most
jurisdictions where rezonings are legislative, the local
<
government will gain some advantage in defending its decision in
court. Conditional use or site plan approval should also
generally be required for site specific reviews.
SPECIAL RESTRICTIONS
Many special standards are necessary to ensure quality
� conversions, to protect surrounding uses, and to promote the
acceptability of the regulations.
A typical requirement, where an objective is to increase
housing for the elderly or to help the elderly remain in their
homes, is that the principal or accessory unit be occupied by an
older person. Age is not a suspect classification and such a
restriction would probably be uph�ld in most jurisdictions , if
. .�f^easonably related to effecting a legitimate governmental
objective. • Taxpayers Association of Weymouth Tounship, Inc. v.
Weymouth Township, 71 N.J. 249� 364 A.2d 1016 (1976) . Again,
the need for defensible data, clearly stated objectives and a
carefully drawn plan �s apparent.
� •
' -10- .
Some local governments, such as Sharon and Sherborn,
Masachusetts, and Fairfax County, Virginia, require that the
� occupant of the accessor a
Y partment be related by blood or
marriage to the occupant of the principal unit. Hare, pp,
13-14. The defensibility of this type of restriction is
difficult to assess. The U. S. Supreme Court has not given
clear guidance. Villa e of Belle Terre v Borass, 416 U.S. 1 ,
94 S. Ct. 1494, (1974) [restrictive definiton of '�family�� upheld
as promoting family values] ; Moore v. City of East Cleveland,
431 U.S. 494, 97 S.Ct. 1932 (1977) [restrictive definition of
"family�� struck down on statutory grounds] . Two recent state
court decisions portend judicial intolerance, at least in state
courts, of restrictive definitions. State v. Baker, 81 N.J. 99,
405 A.2d 368 (1979) ; Adamson v. City of Santa Barbara, 164
� Ca1 .Rptr. 539, 27 Ca1.3d 123 , 610 P.2d 436 (1980) . The
enforcement of such restrictions is difficult and the "public
good" achieved is hard to discern. In Village of Des Plaines v
Trottner, 34 I11 .2d 43 2, 216 N.E. 2d 116 (1966) , the Illinois
State : Supreme Court struck down a restrictive definition of
family on statutory grounds as penetrating too deeply into the
internal composition of a single household. While not directly
. on point where two units are created from one, the decision's
import is that zoning can regulate uses , not users. Generally,
consanquinity and affinity restrictions should be avoided. -
� . .
-11-
Regulations sometimes require occupancy of the principal or
I• accessory unit by the property owner. The objective is to
promote adequate oversight of the more intensive land use and,
in some instances, to achieve consistency with the stated
purpose of helping an elderly homeowner to stay on in a home
which �is too large and expensive to maintain without help.
Occupancy restrictions are probably defensible in most �jurisdic-
tions if consistent with stated objectives. Problems arise with
the temporary� but long term, absence of the owner who vacations
or needs medical care. Regulations should address this
eventuality, perhaps even allowing leasing of the owner' s unit
under such circumstances .
Barrier-free design is not widely discussed in the
� literature and may work at cross-purposes with the objective of
promoting inexpensive and unobtrusive conversions . Neverthe-
less, regulators should forthrightly address the issue in
planning for accessory apartments. Subsidies, low interest
loans, direct grants� tax relief, and federal tax benefits may '
be used to promote barrier-free design. Hare, p.6.
_�:--
(Z •� Design standards are essential for quality conversions and
for� public acceptance of accesscrry apartments. Regulations
. should seek to preserve the neighborhood's single family
appearance .by reducing the visibility of second entrances,
screening off-street parking and limiting expansion of the
existing residence. Minimum and maximum floor areas for the
�
• _, �_
� accessory apartment are ofte� required. A minimum of 450 square
� feet and a maximum of 750 square feet, for example, is required
in Guilford, Connecticut, a town of 17 , 000 which has received an
average of one accessory apartment applicatiori each month.
"In-Law Apartment Solves a Problem for Young and Old" , New Haven
(Conn. ) Register, 4/10/83 , p. F1 . Portland, Oregon limits the
area of the accessory unit to 25% of the principal unit and
requires a minimum total house floor area of 2,000 square feet
(Zoning Code §33 .22. 235 Type 7) .
Regulations have been enacted requiring larger lot sizes
for converted houses , but this may unnecessarily preclude
conversion of older homes on lots which are nonconforming in
area or were laid out to just meet the minimum.
• Health concerns can limit conversions where subsurface
✓ sewage disposal is used. All applications should demonstrate
that the soils can safely accept additional effluent. An
adequate water supply is obviously a prerequisite.
A "harmony with the surrounding neighborhood" provision is
someti�nes included, though the problems inherent in this
criterion are well known by all who have ever tried to apply it.
✓Because one objective of accessory apartments is to permit
. conversion of older homes without creating new duplexes,
conversions may be restricted to houses older than some number
s � �
-13-
of years or built before a given year. There are, however, some
• proponents of new "convertible" single family, homes and local
governments may wish to permit such conversions with limita-
tions. Hare, p.8. .
SETTING LIMITS
Sometimes, communities considering accessory apartment
regulations will be concerned with preventing "too many"
conversions. The techniques available can be drawn from other
land use problems� such as growth management and adult enter-
tainment uses.
The simplest and surest approach is to limit c�nversions to
a small area of larger, older homes close to transportation and
municipal services. A permit quota may work in some jurisdic-
• tions, as may a cap on the total number of conversions.
Belvedere, California, reportedly has "capped" accessory apart-
ments at 50 units. Hare, p. 13.
A separation or distancing requirement, while it may be
appropriate for liquor stores and pornographic bookstores, does
not seem to further any objective of conversion programs. See
gen�rally Rathkopf, The Law of Zo�ing and Planning, Chap. 17B
(Supp. 1983) for a definitive discussion of zoning for sex
businesses and other entertainment.
. �
� -74_ -
� CONSTITUTIONAL ISSUES .
. There have been cases in which property owners have found
themselves in trouble for creating second dwelling units in
single family zones when the local regulations did not permit
accessory apartments. Brady v. Superior Court, 200 Ca1 .App.2d
69 , 19 Ca1 .Rptr. 242 (1962) [two students � including son, could
not jointly use and occupy premises which include a separate
cabin] ; see also, West Chester v. Lal , 35 Pa.Cmnwlth. 620, 387
A.2d 929 (1978) [creation of a basement apartment held to
violate zoning code] . Express enabling legislation, such as
Section 65852. 1 of the California Government Code, can overcome
most concerns about the local authority to permit accessory
apartments. Section 65852. 1 provides:
• Notwithstanding Section 65906, any city,
including a charter city, county� or city and
county may issue a zoning variance, special use
permit, or conditional use permit for a dwelling
unit to be constructed� or attached to, a pri-
mary residence on a parcel zoned for a single-
family residence, if the dwelling unit is in-
tended for the sole occupancy of one adult or
two adult persons who are 60 years of age or
over, and the area of floor space of the dwell-
ing unit does not exceed 640 square feet. "
However, it is unlikely that accessory apartment regulations
will be struck down� even without express enabling legislation,
� if they are carefully drafted.
The principal constitutional issue is that of substantive
due process - does the regulation reasonably effect a legitimate
governmental objective. Courts will probably uphold age
�
�
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restrictions , but may disfavor consanguinity and affinity
requirements. Owner-occupancy requirements will survive judi-
• cial review in many states where the local governing authority
can demonstrate consistency with properly adopted goals.
Design standards, dimensional requirements , and health and
safety� requirements are unquestionalb,ly defensible. Problems
will be encountered in some states with architectural review
requirements , except for minor provisions , such as the location
of second entrances. Limitations on conversions, if artfully
done, will not suffer the difficulties encountered with growth
management programs.
In New York, at least, local conversion regulations have
been upheld. In Ilasi v. City of Long Beach, 38 N.Y.2d 383, 379
N.Y.S.2d 831 , 342 N.E.2d 594 ( 1976) , New York' s highest state
• court approved a city' s legalization of premises converted up to
a particular date. And in Sherman v. Frazer, 84 A.D.2d 401 , 446
N.Y.S.2d 372 (N.Y. App. Div. 1982) , a middle-level state
appellate court upheld a town statute creating a Two-Family
Review Board empowered to review special permit applications by
owners of illegally converted houses and by those who intend to
create accessory apartments. �he decision includes some
interesting data and details the provisions of Babylon' s
accessory apartment ordinance.
�.
• -16-
. • . '
COP]CLUSIONS
• The time has come for more ambitious and directed efforts
to regulate and promote conversions. Good planning is essen-
tial , not only to increase community acceptance, but to ensure
successful defense of accessory apartment programs in court.
•
• �
� T0: GOLDEN VALLEY �LANNING COMMISSION DATE: MAY 4, 1983
FROM: ALDA PEIKERT, ASSISTANT PLANNER
SUBJECT: DISCUSSION OF 1984 OPERATING BUDGET
Chairman Thompson reported at the April 25, 1q83 Planning Commission
meeting that he received a letter from Mayor Thorsen soliciting suggestions
for the 1984 Operating Budget of the City. The matter was held over to
the May 9, 1983 Planning Commission meeting to allow Planning Commissioners
time to give the question consideration.
The Mayor asks all City Commissions each year for ideas and suggestions
for incorporation into the City Operating Budget. Suggestions may be for
programs observed in other communities, for expansion of �x�.sting programs
into new areas or for the curtailment or elimination of current programs.
The City Council refers suggestions to staff for investigation and expansion
before they are considered for inclusion in the budget.
The request for ideas is for general or broad suggestions for City programs
rather than for a detailed review of the current budget. Examples given
to provide an idea of what the Council is seeking are City involvement in
day care or City operation of a senior citizen transportation system.
. .
AP:kjm
•