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07-25-83 PC Agenda — - , � i . � � I � GOLDEN VALLEY PLANNING COMMISSION (Civic Center, 7800 Golden Valley Road) 'j � ,1uty 25, 1983 7:00 P.M. . , ; � AGENDA' � � I . APPROVAL OF MINUTES - JULY 11 , 19$3 , II . INFORMAL PUBLIC NEARING - REZONING � APPLICANT: international Development, Inc. �I i LOCATION: 7700 Wayzata Boulevard ' REQUEST: Change zoning from Residential to Business and Profession�l Office Zoning District III . INFORMAL PUBLIC HEARING - PUD #41 PRELIMINARY DESIGN PLAN APPLICANT: Robert Sanko LOCATION: 5615-5b25 Olson Memoria] Highway � REQUEST: Approval of Preliminary Design Plan for PUD #41 , Valley Wood . , IV. REPORT ON CITY COUNCIL MEETING - JULY 19, 1983 I V. REPORT ON HRA MEETING - JULY 12, 1983 'I i VI . REPORT ON BZA MEETING - JULY 12, 1983 � ; � VII . UPDATE ON VALLEY SQUARE REDEUELOPMENT PROJECT i i I � � I � � I � � ; I i � `I i i —� . J _ � , MINUTES OF THE GOLDEN VALLEY PLANNING COMMISSION July 11, 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 7:05 P.M. Those present were Comnissioners Forster, Leppik, Polachek, Prazak, Singer and T homp son. Co mnissioner Tubman was absent. Also present was Alda Peikert, A ssistant Planner. - I . Approval of Mirw tes - June 27, 1983 It was moved by Comrrissioner Leppik, seconded by Comnissioner Polachek and c arried unanimously to approve the minutes of the June 27, 1983 Planning _ C omni ssi on meeti ng as recorded. II. Set Date for Informal Public Hearing - Rezoning , APPLICI�NT: International Development, Inc. L OGATION: 7700 Wayzata Boulevard • R EQUEST: Change Zoning from Residential to Business a nd Professi onal Offi ces Zoni ng Di stri ct C hairman Thompson introduced this agenda item and noted the staff recomnen- dation of a July 25, 1983 informal public hearing date. Mr. A1 Stobbe, local representative of the proponent, and Ms. Donna Treichel, Coldwell Banker, were p resent. It was moved by Comnissioner Polachek, seconded by Comnissioner Forster and c arri ed unanimously to reset the i nformal publ i c heari ng on rezani ng of 7700 W ayzata Boulevard to the Business and Professional Offices Zoning District for the J uly 25, 1983 Pl anni ng Comni ssi on meeti ng. III. Set Date for Informal Public Hearing - PUD Preliminary Design Plan APPLICANT: Robert Sanko L OCATION: 5615-5625 Olson Memorial Highwa�y REQUEST: Approval of Preliminary Design Plan for P UD #41, Yalley Wood C hairman Thompson introduced this agenda item and noted the staff recomnen- dation of a July 25, 1983 informal public hearing date. � . P1 anni ng Comni ssion Mi nutes - July 11, 1983 Page 2 It was moved by Cortmissioner Polachek, seconded by Comnissioner Singer and • carried unanimously to set an informal public hearing date of July 25, 1983 for consideration of the Preliminary Design Plan of PUD #41, VaTley Wood. I V. I nformal Publ i c Heari ng - Prel imi nary P1 at APPLICANT: Courey, Schwinn, Kodadek and McRoberts, P.A. LOCATION: 206 Sunnyridge Lane REQUEST: Approval of Preliminary Plat of "Tolg Addition" C hairman Thompson introduced this agenda �tem and recognized Mr. John Waldron f rom Courey, Schwinn, Kodadek and McRoberts, P.A., who was present to repre- sent the proponents. C hai rman Thomp son asked whether there were questi ons of staff, and Comni ssi oner P razak asked whether the proposal was the same as originally submitted or w hether it had been changed in response to staff direction. Assistant Planner Alda Peikert stated that the proposal was as received with the .formal applica- tion, but that she understood that previous inquiries had been made to the E ngineering Department and that the proposal was drawn to correspond to E ngi neeri ng di recti on. C hairman Thompson called on Mr. Waldron to make a presentation for the propo- nents. Mr. Waldron described the proposed plat and the background for pre- � p aration of the proposal. Mr. Waldron stated that the proponents originally p repared a cul-de-sac design and would prefer a cul-de-sac to a through street, but that the City Engineering Department directed development of a through s treet connecting Roanoke Cir�le to Sunnyridge Lane. C omnissioner Leppik asked Mr. Waldron whether Roanoke Circle currently ends with a cul-de-sac considering the half section map which shows an extension f rom the cul-de-sac to the subject property. Mr. Waldron explained that the pavement ends with the cul-de-sac but that right of way is reserved for p ossible street extension. Mr. Bill Webster, 4007 Roanoke Circle, offered a drawing which he had prepared showing the existing cul-de-sac. Mr. Webster e�lained that the reserved right of way is currently maintained as lawn by the two homeowners on each s i de of the ri ght of way. Comnissioner Leppik asked whether the cul-de-sac right of way would revert to � the adjoining property owners if the cul-de-sac were abandoned. Ms. Peikert repl �ed that the cul-de-sac would remain right of way as platted but that it could be used as lawn in the same manner as the right of way reserved for s treet extension is currently maintained as lawn. � Planning Comnission Minutes - July il, 1983 Page 3 Comnissioner Forster asked the rationale for co�letion of a loop street • extending Roanoke Circle to Sunnyridge Lane. Ms. Peikert replied that the two main considerations are street maintenance and emergency vehicle access. Ms. Peikert added that the street extension conforms to plans for a through str�et provided for by means of reservation of right of way at the time of approval of the plat to the south of the subject property, Russell's Wirth Park Addition. Comnissioner Forster asked when Russell's Wirth Park Additian was approved. M�. Robert Russell, developer of Russell 's Wirth Park Addition, was present and informed the Comnission that his plat was approved in 1972. Mr. Russell confirmed that a through street to Sunny ridge Lane was conter�lated at that time. Chairman Thampson opened the informal public hearing for public input. M r. Bill Webster, 4007 Roanoke Circle, stated that the main point is that all of the neighbors would much prefer a cul-de-sac off of Sunnyridge Lane to a through street extended from Roanoke Circle. Mr. Webster stated that the through street design would be more costly and that it would be a poor choice aesthetically. Concerning cost, Mr. Webster listed the following points: 1. Th e expense of removing the existing cul-de-sac at the end of Roanoke Circle and extending the driveways of the two home�ners o n the cul-de-sac. 2. The necessity for relocation of a fire hydrant at a cost of � approximately $2500. ' 3. Necessity for an eight foot high retaining wall along a distance of approximately 1� feet due to differencs in grade. 4. Creation of an unmarketable low lot which will be 14 feet lower than the street. 5. Th e possi bi 1 i ty of creati ng a greater number of 1 ots wi th a cu 1- de-sac design rather than a through street design. - 6 . The expense of construction of a street on poor soils. M r. Webster concluded his remarks on expenses with the statement that the through street design would cost three to four times construction of a cul-de- s ac design. Mr. Webster added that the through street design is aesthetically inferior due to the steeper grades and due to the removal of trees. Dr. Matol Lysy�, 4004 Roanoke Ci rcle, stated that he is opposed to the through street for the following reasons: . 1. Dr. Ly sy3 understands that the grade change would require a c hange in the elevation of the street in front of his house and that this would put his garage at a different elevation in relation to the street. � � Planning Comnission Mir�tes - July il, 1983 Page 4 � 2. Snawplawing inconvenience is not reason enough to eliminate a cul-de-sac. Dr. Lysyj states that he paU+s taxes which support in part the Engineering Department and road maintenance.� Dr. Ly sy3 offered his driveway for turnaround space for snowplows 9f needed. 3. Dr. Lysy3 stated that he is frequently awa�y at night and that .h�s wife feels safer from robbery or intrusion on a cul-de-sac than on a through street. 4. Dr. Ly sy3 stated that the through street would destroy a part of his property and lower the property value. D r. Ly syj concluded that all the neighbors in the area prefer a cul-de-sac _ design for the proposed development and that he sees no use in having this n�nnber of unhappy Golden Valley citizens. Mr. James Garfunkel, 2� Sunnyridge Lane, quest�oned whether the proposed lat widths meet zoning requirements. It was confirmed that all lots in the pro- posed subdivision meet zoning requirements for size and width. Mr. Garfunkel s tated that his concerns include the loss of huge trees unique to the area and p roblems with drainage in the area. M r. Ron Balazs, 4011 Roanoke Circle, stated that his concern is for the v�sual a spect of the area which is beautiful. Mr. Balazs questioned the need for a � loop street. Mr. Dave Morley, 4006 Roanoke Ci rcle, stated that his background is in archi- t ecture and planning and that Mr. Webster made some excellent points concerning soils and elevations. Mr. Nbrley added the following points in support of a cul-de-sac rather than a through street design: 1 . Th e change in elevation will add to developer and builder problems a nd possibly to drainage problems. Several neighbors in the area alrea�y have problems with water in their basements. 2. The cul-de-sac design woul d increase property values and therefore p roperty taxes, which would pa�y the increased maintenance e�enses. 3. Ease of street designation or maintenance is not adequate reason t o insist on a through street design. Mrs. Daria Lysy�, 4004 Roanoke Circle, stated that the City required a large size cul-de-sac at the end of existing Roanoke Circle specifically for the accommodation of snowplows and that it should be adequate. Ms. Mary Gooderl, 4015 Roanoke Circle, stated that one reason given for the through street design is the need for two entries for public safety purposes. On the other hand, it has been noted that there is a higher probability of robbery where there are two access points. � Planning Comnission Minutes - .July 11, 1983 Page 5 Mrs. Betty Pedersen, 4013 Roanoke Eircle, stated that the subject praperty is • visual ly very steep and that it woul d clearly be expensive to construct a through street. Mrs. Pedersen stated that it seems a simple solution to build a cul-de-sac. Mr. Richard Morley, 4006 Roanoke Circle, made the point that there are alrea�y many other existing cul-de-sacs in the City at this tirt�. Mr. Morley stated that those who choose to live on a cul-de-sac do so for the quiet area and 1 ack of traff i c. M r. Ray Pedersen, 4013 Roanoke Circle, stated that the proposed development is the new enterpri se goi ng i n and that it is the one whi ch r�u st be di srupted. T he current residents are the old enterprise and wish to maintain the area as i t is. Chairman Thompson closed the informal public hearing. C omnissioner Forster asked for confirmation that the cost of street construc- tion is paid by the developer. Ms. Peikert stated that the expense of street construction is paid by the developer or assessed to the new property owners and that it is not a cost to the City. C hairman Thompson asked the proponent whether cost estimates have been done on the street construction. Mr. Waldron replied that he assumes estimates have been made but that he did not have that information. • Comnissioner Singer stated that with the City of Golden Valley completely developed, this could be the last cul-de-sac approved. Co mnissioner Singer recommended that the proposal be sent back to the developer for preparation of a new plan with a cul-de-sac design. C omnissioner Polachek expressed concern over the steep grade of the proposed through street and stated that the grade would constitute a good basic planning reason for t�rning down the proposed through street design. I t was moved by Comni ssi oner Si nger, seconded by Comni ssi oner Pol achek and carried unanimously to continue the informal public hearing to allow the pro- p onent time to coordinate with the City Engineering Department on preparation of a preliminary plat design utilizing a a�l-de-sac based on the following findings: 1. A through street would result in poor land use. • 2. A through street would ill serve the property to be developed a s well as the surrounding property. 3. The cul-de-sac option is preferable to the through street option based on both aesthetic and engineering considerations. i Planning Comnission Minutes - July 11, 1983 Page 6 M r. Waldron asked about timing of a return to the Planning Comnission and � whether it would be necessary for the Planning Comnission to take action to s et a new hearing date before the proposal is heard again. I t was moved by Comni ssioner Forster, seconded by Comni ssioner Leppik and c arried unanimously to amend the motion to continue the informal public hearing until the August 8, 1983 Planning Comnission meeting. V. Informal Public Hearing - PUD Preliminary Design Plan APPLICANT: Coto Corporation L OCATION: 812 Lilac Drive North R EQUEST: Approval of Preliminary Design Plan for P UD #42, North Lilac Drive Addition Chairman Thompson introduced this agenda item and recognized Mr. Ka�ye W esterlund, The Builders Studio, Inc. , who was present to represent the propo- n ents. Chairman Thanpson called on Assistant Planner Alda Peikert to expand on the staff recomrnendation. Ms. Peikert reviewed the staff recorranendation for con- tinuance based on parking and drainage concerns and answered questions from Comni ssioners. � C ortmissioner Leppik questioned whether the Planning Comnission has options other than acceptance of the proposed reuse of the former Holiday Motor Hotel f aci 1 i ti es short of forci ng removal of bu i 1 di ngs. Ch ai rma n Thomp son stated that the Planning Comnission alwa�ys has the option of der�ying a proposal. . . C hairman Thompson called on Mr. Westerlund to speak for the proponent. Mr. W esterlund described the proposal and then specifically addressed the issues of parking and the proposed regional trail. Mr. Westerlund explained that the p arking located to the back of the restaurant on the north side of the site w ould primarily support the banquet facilities and would be required on banquet occasions only. Mr. Westerlund informed the Comnission that the north p roperty line of the sub3ect site is 50 feet from the centerline of the railroad track and that the proposal therefore does not eliminate the trail possibility. In response to Comnissioner questions concerning proposed resi- dential condominium use in conjunction with the office condominium use, Mr. W esterlund explained that the residential use is contemplated in association with office use only. A drop down type bed arrangement would be added to office units where desired to provide sleeping accommodations for office con- dominium awners maintaining offices in the Twin Cities but having their prin- cipal offices and residences in another city. C omnissioner Prazak asked whether the staff concerns could be handled as con- ditions of an approval recommendation. Ms. Peikert stated that the drainage q uestion could be handled as a condition requiring preparation of a drainage p lan acceptabl e to the Ci i�r Engi neer prior to Ci ty Counci 1 acti on on the P reliminary Design Plan. Ms. Peikert added that although the extent of � p arking deficiencies is unclear due to use by the proponent of inca�lete square footage figures, �it is clear that parking is deficient on a11 three Planning Comnission Minutes - July 11, 1983 Page 7 � proposed parcels and it is also clear that there is no remaining space for the provision of .additional parking on the site. Ms. Peikert suggested that the Planning Comnission has the option of accepting the proposed reuse of the existing buidings based on the clear understanding that all three proposed parcels and uses are deficient in parking space. C omni ssi oner Pol achek questi oned the proponent on the avai 1 abi 1 i ty of General . Motors Training Center parking. Mr. Westerlund stated that the Manager of the General Motors Trai ni ng Center has gi ven the proponents verbal permi ssi on to make use of General Motors Training Center parking during evening and weekend hours. Mr. Westerlund explained that General Motors is unable to supply a letter formalizing the agreement because such a letter would have to come from General Motors Headquarters and would involve liability which General Motors is unwilling to accept. Chairman Thompson opened the informal public hearing for public input. M r. Bill Kozlak, 1550 St. Croix Circle, introduced himself as the owner of Jax restaurant located ad,jacent to the subject property on the south. Mr. Kozl�k s tated that he favors the proposed reuse of the former Holiday Motor Hotel p roperty based on his opinion that the proponents are proposing the best p ossible use for a difficult piece of property. Mr. Kozlak admitted that Holiday Lane is a narrow street but pointed out that all traffic on the street is destination traffic rather than through traffic. Mr. Kozlak asked that Planning Comnissioners note that he is advocating the continuation of com- petition for his own business, but stated that he feels the proposed reuse of . the property is in the best interests of the Ci�y of Golden Valley. Mr. Sidney Robin, 921 Toledo Avenue North, stated that he feels the proposal r epresents good use of the property but that he has the following concerns: 1 . Overextension of the property to serve too many uses. 2. Noise from the parking area on the north side of the site. 3 . Access to Hi ghway 100 from the servi ce road. M rs. Sandra Robin, 921 Toledo Avenue North, stated that she is interested in assurance that the hedge screening the north property line will remain and s tated that she woul d 1 ike to see the possi bi 1 i ty of a trai 1. Mrs. Robi n a dded that she also is concerned about the number of parking spaces located on the north side of the site and the possible noise from the parking. Chairman Thompson closed the informal public hearing. It was moved by Comnissioner Prazak, seconded by Comnissioner Forster and carried unanimously to recommend City Council approval of the Preliminary Design Plan of PUD #42, North Lilac Drive Addition, based on the finding that the proposal is the best possible use of the sub3ect exist9ng buildings and accepting the proposed variances as necessary to reuse of the existing buildings. The recomr�ndation for approval is sub3ect to the following • conditions: Planning Comnission Minutes - July 11, 1983 pa� g - 1. Posting of no parking on the entire Holiday Lane street fron- � tage along the sub�ect site. 2. Provision for protection to the satisfaction of the City Engineer of an exposed portion of watermain. 3. Posting of fire lanes as recommended by the City Fire Marshal. 4. Extension of the sprinkler system in the newer portion of the restaurant/motel building on Lot 1 to the older portion of the building and installation of a sprinkler system in the two story building on Lot 3. 5. Preparation of a drainage plan acceptable to the City Engineer. 6 . Cor�lusion of access and maintenance agreements for joint p arking areas to be approved by the City Attorney prior to approval of the PUD General Plan of Development. 7 . Residential use only in con�unction with office use and not as a separate use i n the resi denti al/off i ce condomi ni um bu i l di ngs on Lots 2 and 3. VI. Report on City Council Meeting - July 5, 1983 C omnissioner Forster provided the Planning Comnission with a report on the � J uly 5, 1983 Ci ty Counci 1 meeti ng. VII. Update on Valley Square Redevelopment Project C hairman Thompson provided the Planning Comnission with a report an the p rogress of the Val l ey Square Redevel opment Project. The meeting was adjourned at 9:55 P.M. Respectful ly submi tted, avi ompson, C a rman Ma rgaret epp , ecretary � � T0: GOLDEN VALLEY PLANNING COMMISSION DATE: JULY 20, 1983 FROM: MIKE MILLER, PLANNING AND REDEVELOPMENT COORDINATOR SUBJECT: {NFORMAL PUBLIC HEARIN6 - REZONING OF 7700 WAYZATA BOULEVARD The proponent, International Development, Inc. , Winnipeg, Canada, is requesting the rezoning from Residential (single Family) to Business and Professional Offi.ce Zoning District (B � PO) for all , parts of eight single family lots located between Sumter and Rhode Island Avenues South (see attached area map) at the point where both of these streets intersect with T.H. 12. The purpose of this rezoning request, according to the proponent, is to provide for the development of an office building with approximately 9,500 square feet of gross floor area. Originally the Planning Cortmiission scheduled an informal public hearing for June 27, 1g83. However, the proponent asked the Commission to reschedule the hearing to allow time to adjust the proposed site plan and to coordinate with the Minnesota Department of Transporatation (MnDOT) relative to their acquisition of right-of-way for the proposed I-394 freeway. International Development, Inc. has submitted a revised site plan based on what MnDOT has estimated to be their right-of-way needs. However, MnDOT has informed � the proponent that they do not expect to have any definite boundaries set until August of this year, and that right-of-way acquisition would not take place until sometime in 1984 at the earliest. The attached revised site plan shows a parcel of land 1 .17 acres for the existing site with 1 .04 acres remain.ing after MnDOT acquires what they presently anticipate as needed additional right-of-way for I-394. The site plan indieates that all applicable minimum zoning requirements are met, and it is proposed that the office building would be of wood frame construction to blend in with the adjoining residential neighborhood to the north and west of this site. It should be pointed out at this time that according to the rezoning process as outlined in the Golden Valley _ Zoning Code, the proponent is not bound to use either the site plan or the building plan included with his request for rezoning. The basic decision here is for the Planning Commission to determine whether the zoning change requested is a goodx sound, land use decision. It should be noted for the record, at this point, that a petition signed by 39 neighbors adjacent and within the area of the site in question opposing the proposed zoning cfiange has been submitted to this office. However, inasmuch as the petition states that those signing the pe�ition oppose the rezoning but does not give any reasons for such opposition, it is impossi6le for Staff to seriously consider the importance of the petition. Perhaps the Planning Commission could explain the necessity of such petitions stating specific reasons related to land use to be incorporated into such documents before they could have any meaningful effect. � Golden Valiey Planning Cortgnission -2- July 20, 1983 . As already alluded to, adjacent land use on the west and north of this site is single family residential and is properly zoned for that use. The property to the east of this site is zoned Industrial and is used accordingly. The proposed rezoning does not .comply with the 1g82 Comprehensive Plan forfhe City of Golden Valley. The Comprehensive Plan does call for low density residential development within this area. However, it should be pointed out that the land use proposed as well as the zoning classification proposed would not necessarily be out of character with the site and neighborhood in question. Perhaps another equally acceptable land use for this site would be a double bungalow, which would be more in keeping with the residential character of the adjacent neighborhood to the north and west. It is Staff's opinion that while the zoning proposal does have some merit it appears to be somewhat premature to seriously consider this land use decision. MnDOT has not yet defined the right-of-way boundaries that wilt be necessary for the development of I-394. In addition, MnDOT will not be acquiring said right-of-w�y until sometime in 1984. As the Plannin� Commission well knows many major or minor design changes could occur with the,new highway alignment causing the State to readjust their right-of-way lines. Such action could result in the creation of zoning nonconformities (setbacks, parking, etc.) . Also, a change in zoning status at this time could affect the land value when acquisition by MnDOT occurs. Certainly, land zoned for Business and Professional Office could have a higher cost value than property zoned for �ingle Family Residential land use. � Although construction of I-394 past the site in question is some time off in the near future, Staff feels that waiting for construction to take place would not be reasonable to the present proponent. However, Staff would strongly suggest that this rezoning request for 7700 Wayzata Boulevard be recommended for denial at this time, with .the suggestion that the proponent consider resubmitting his request after the State has purchased the right�-of-way that they will need for 1�394. ln this way, a site plan that will meet all applicable zontng requirements can be definitely developed to prove that the proposed use can take place. The site plan provided by the proponent shows a buildable area of 1 .04 acres. The City Zoning Ordinance requires a minimum of one acre for lot area within a B � PO Zoning District. One minor change in the anticipated right-of-way needs by the State could create a parcel of land that does not meet minimum zoning requirements for the land use intended. MHM:kjm � , , • ' � ,(;��„ `i�. isi��[.� � • ` -�;°° . - ��...`. �.' • �0.. � w i . � � :� � sa� o ��� � ' 1� �., .ft �. r• ''r'sttt •$ � �.. 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I � I , ,. �, � �• �r '' �, • T0: GOLDEN VALLEY PLANNING COMMISSION DATE: JULY 20, 1983 FROM: ALDA PEIKERT, ASSISTANT PLANNER SUBJECT: INFORMAL PUBLIC HEARING - PRELIMINARY DESIGN PLAN FOR PUD #41 , VALLEY WOOD The proponent, Mr. Robert Sanko, requests approval of the Preliminary Design Plan for PUD #4] , Valley Wood, .which proposes zero lot line division of an existing double bungalow located at 5b15-5625 Olson Memorial Htghway. The purpose of the proposed divlsion is to allow Mr, Sanko, who owns the double bungalow and resides in one of the two units, to sell the second unit as a separate ownership single family residence. The second unit is currently rental property, and Mr. Sanko desires to sell the unit when the lease with the current tenant expires. The location of the.subject double�bungalow is southwest of the intersection of Olson Memarial Highway (Highway 55) with Highway 100. Surrounding proper.tT:es southwest of the intersection are zoned Residential . However, a tegal nonconforming use, Uni.ted Tree Service Company, exists on the parcel directly to the east. Mr. Sanko obtained original approval for construction of the subject double bungalaw by means of Board of Zoning Appeals (BZA) action on August 12, 1980, At � that time, the BZA granted waivers for construction of a double bungalow, for lot size and width which did not meet requirements in effect at that time, and for several feet off the minimum rear yard requirement. The BZA on June 9, 1981 extended the waivers granted August 12, 1g80, and on August ll , 1981 granted an additional waiver of the 35 foot front yard requirement to allow a set6ack of 25 feat from the Wighway 55 serviee road. The front setback wa.iver allowed placement of the structure toward the front of t�e lot and made the. previous rear set6.ack. wai:ve� unnecessary. Mr. Sanko was issued a building permit for t�e proposed doub.le. �ungalow on October 26, 1981 , just after reduced lot size and wi.dt� �equireme.nts for �wo Family Residential zoning became effective on OctQber 22a�. 1s81 . Therefore, by the time Mr. Sanko actuatly initiated construct�on of the suaje�t dou6le bungalow the lot size and width were in conformance with Zoning Code requirements for a two famity structure. The origirtal lot size of 13, 162: square feet and width of ]27 feet exceed current Two Famity Residential zoning minimum requirements of 12,500 square feet in area and 100 feet in width. The� Preliminary Design Plan of PUD #41 , Valley Wood, however, proposes division of the original parcel into two lots 6,652 and 6,510 square feet in area, neither of which meets the 10,000 square foot minimum lot area requirement for a :single family residential )ot. Proposed Lot l exactly meets the minimum lot width requirement of 80 feet, but proposed Lot 2 is only 47 feet wide at the 35 foot building setback line. Variances incorporated into the Preliminary Design Plan for PUD #41 , Valley Wood, .include front yard variances on each lot reducing the front setback from 35 to 25 feet as provided for in the August 11 , 1981 BZA action, plus lot size variances � on each lot and the lot width variance on Lot 2 as described above. Golden Valley Planning Commission -2- July 20, 1983 • Rationale for approval of the original variances granted by the BZA for construction of a double bungalow on the site and for the variance in front yard setback are outlined in attached copies of the -BZA minutes. Reasons for allowing the double bungalow in a Residential Zoning District include location on a major. highway intersection, the existence of the tree: service adjacent on the east, and the unusual lot configuration. The waiver of the front yard setback provided for greater distance from adjacent homes on neighboring lots. Although the proposed PUD Involves additional variances for lot size and width, actual appearance and use of the property would not change except for the change from rental to ownership status of the second unit. Attached is a statement which Mr. Sanko circulated to neighboring property owners explaining his proposal to divide his double bungalow for separate ownership and pointing out the potential benefitg of individual ownership in terms of owner interest in maintenance. The statement is signed by neighbors indicati:ng concurrence with the proposed change from rental to ownership status. Staff feels that the proposed variances are not a problem in view of the fact that actual use would change only in terms of ownership status. At the suggestion of the City Zoning and inspection Department, Mr. Sanko constructed the subject double bungalow in such a manner as to provide for possible future division into two separate units. Separate sewer and water utility lines are provided for each unit, and the units are separated by a double fire protection wall . � Consequently, the City Engineer, Building Official and Fire Marshal find the proposed PUD Preliminary Design Plan to be satisfactory. . The Park and Recreation Department review makes no recommendation based on the small size of the proposed PUD and on the fact that the PUD involves replatting of already platted property. The only approval conditions suggested by staff involve provision for joint owner maintenance of the building exterior and provision of easements as required for utility lines. Owner agreements and easement documents are submitted as part of the General Plan of Development, the second stage of the PUD Procedure. With the PUD General Plan of Development application, the proponent should su6mit for review and approval by the Citq Attorney an agreement for exterior building maintenance, " an �asement over Lot l . for the sanitary sewer line serving the unit on Lot 2, and an easement granted to property owners to the south for access for maintenance purposes to the catch basin drain line which crosses the property to t�e east of the building. Staff suggests that the Planning Commission recommend City Council approval of the Preliminary Design Plan for PUD #41 ,. Valley wood, which proposes zero lot line div�sion of an existing double bungalow located at 5615-5625 O1son Memorial Highway, subject to submittal with the PUD General Plan of Development of Joint owner maintenance agreement and utility line easement documents for revi•ew and approval by the City Attorney. Attachments: l . Site Location Map • 2. PUD Prelimtnary Design Plan (full sized plan sheet enclosed separately� 3. 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J�.�CfE L.,t' $��'�°�. ;-y�� � � ..,P �7. i �T t�' 2. t d�q• +f s- �S, +`a� ��f � ...t�4-'�#.�.�"1'..3fY..i4i'��i�1S"�.S�IL:�4�f.Y.e.�t�•�.'�*'4f��.51�i�S:'�'���2��.�h3,.,-i�o.b$�t�.±�$��' •..��•.�+s�t�'i�,rs@�.�.� .t_7ti"a��atP�'_Tl'� vri�l6r:;3R.�..�'d�.. Board of Zoning Appeals August 12, 1980 Pe9e 3 � anent fa�ndation and the owners agreed that a co e waiver could be that t e pa e Sell asked that this conditton be a . pon vote� the motion carr e , ever to be enclosed. ✓ 8U-8-45 (Map 12) Residential Lot 1 Block 1 Valleywood Addition Robert Sanko and Raymond Fischer The petition is for waiver of Sections 3.02 and - 3.041 of the Zoning Code, lot width and area for • two-family structure, and for Section � . 3.07(2) �ear yard setback, for 3' off the requi�ed 18' to a distance of 15' from the rear lot line to the proposed structure at i�s closest point. Mr. Sanko was p�esent and accompanted by his architect. No surrounding p�roperty owners were present. Mr. Sanko explained he had obtained approval from the sur�ounding property owners • and had thoroughly discussed �his proposal on this lot. When the Vatleywu�d Nlat was developed it was necessary in providing access into the area and the cul-de-sac, to design some lots with different configurations. This lot fronts on the service road of Highway �/55 and is near the intersection of Htghway �1100 and �55. Mr. Sanko explained that it is the least desireable lot of the proJect and to be financially feasable, would require a home' in the $50�000+ range in comparison to the adjacent fiomes of $150,000+ value. It is their desire to construct a two-family home of size and exterior design and value in keeping with the adjacent properties. After a lengthy discussion, Mike Sell moved to approve the waivers as requested, noting in doing so the location of the lot, the high traffic volume in the area, the existing tree service company adjacent on the east and the unusual lot config- uration. The motion was seconded by Art Flannagan. During discussion on the motion, the Board determined that should a noise or privacy fence be constructed, it should be in keeping with the adjacent lot 2. Upon vote, the motton to approve carried. - 6 (Map 14) indust�ial 2370 Lou� Avenue North Devco Properties ne Devereaux) � The petition is for waiver ection 7.051 of the Zoning Code, ' off the re 10' cf g�een area along the c orth lot line of this prope a low adequ iveway • to be in n conJunction with the ad a ng lot and drfveway to the north. - � _ _ _ _ f ' Boa�d of Zoning Appeals � � Page 6 . June 9. 1981 . Kottas expiained how they located the station to the east as far as pos ble an o the rear to provide the required parking and setbacks. Mrs. Kottas as �evfe d her proposal with the Minnesota Highway Department and they hav explained that in 11 probability when Highway 12 is upgraded, this site may gai further p�operty t tfie front lot line. M�s. Kottas also had and presented itten per- mission from he Highway Department to develop and landscape the e sting right- of-way in front f her property. Mrs. ICottas noted this is a di icutt triangular lot with a steep nk at the rear lot ltne. She explained she iscussed her pro- posal with the deve er regarding construction of the townh ses in St. Louis Park at the rear of the pro rty. She stated he had no objecti as h1s nearest town- house is 250' f rom her p perty and up the h� ll and not sible. Mr. Sam Thorpe expressed his oncern for what appear to be an unusual emount of variances for the proposal and stated when they onstructed their adjacent office building they received no watvers rom the city d complied�with all requirements of the Zoning Code and he felt Mrs. ttas sho d make every effort to do so, if possible, especfally the landscape are \ H stated he had �o real objection to Che service station as proposed. � Mahlon Swedberg commented that to the st o is recollection the Thorpe Office Building had received a waiver. A r few of pa minutes showed that at a July � meeting 1976, Thorpe 6rothers had r eeived a waive � of the BPO Ordinance for one addittonal story :o the one-stor office structure a owed. Mahlon Swedberg said thfs was n unusual location and qu ' tioned what effect future plans for Nighway 12 would ve. Mrs. Kottas said she was nftdent based on infor- mation she had that it wo d not be a problem or she would no ursue construction on the site. Mike Sell, noting t present old structures and their condition on e site, said thfs appears to b the best approach to developi�g the site and sugges d possibly expanding on th varlance from the rear lot line to allow the building an pa�king to be placed rther back and thus reduce the front setback and provide fur er potential f landscape along Wayzata Blvd. Following further discussion and 'n agreemf�t y Mrs. Kottas to move the bufiding further back. Mike Sell moved to a rove the var��nces witk a rear setback variance to 3' from the rear lot line to the bui - ing a )0' from the rear lot line to the parking area. al-K-24 (Ma 12) ResTdentiat �' t 1, Block 1� Valleywood Addition Robert Sanko The Petttion is for an extension of the one-year time limTt which expires August 12, 1g81. Previous approval was for a two-family dweliing with � waiver of 3' off the required rear setback. Robert Sanko was present. Mr. Sanko �eviewed FiZs waiver which was g�anted August 1980 for a two-family dwelling. He explained this would be an expensive structure in keeping with the covenants of the Valleywood development. He has not cortunenced .� _ - - - _ . . ..• - 6oard of Zo�ing Appeals Page ] June 9, 1981 � construction to date because of extremely high interest �ates. The ' does not expire unt11 August of this year, however, he wanted to be assu ed thater if interesL �ates drop as he has been led to believe, he will commence construction fnmedi�tely. After considerable discussion, Mr. Sanko stated if at ail pcssible, he rvouid buf ld thfs fa11 . Mtke Sell moved to grant an extension of the waiver for one year from the date pf this meeting (June 9, 1981) . Willfam Forster seconded the motion and upon vote carried unanimously. . $1�24 (Map 18) .Industrial _ 6tSD0`ti yzata Blvd, former Chrysler City) Menard, nc. The Pe tion is for waiver of Section . 13.01 parking for 303 spaces off the required 574 spa s to a totat of 271 spaces. The petitton was revie and signatures had been obtained from property owners within 500' except Church f the Good Shepherd. which Menards ted they could not contact. Perkins Pancake Ho e headquarters were contacted y telephone and they � stated they had no objection t the variance. Written no ce by the city had been mailed to all adjacent propertie Present for the meeting were Mr. Mar rochaska, V.3°ce President, Real Estate, Menards, Inc., and Mr. Gary Dreher, P�o� ct Mana�er, Menards. � Mr. Oreher explained Menard's purchase of t former Chrysler C1ty property. He described their approval by the Buildin oar f Review for storage and signs at the rear of the building and the 1 er and s rage roof expansion at the rea r a 1 so. - Mr. Prochaska stated the stru re was larger than Mena s needs and they have leased a portion of the wes end of the building to COMBS ampany. Mr. P�ochaska described CQMBS as a ltmi d retail outlet for su�plus items ith a iarge wholesale and distribution of it s sometimes purchased as surplus or ba �upt stock and sold as a compJete lot wi out necessarily being moved to this locati He described other COMBS outle in con,junction with Menard buildings. The east end the building has approximately 30,000 sq. feet tentativ proposed for a fur ure store similar to others in other Menard locations. Mike 11 asked how th1 sfte and the parking compared to other Menard's stores. 6ary Grehe revtewed the er stores and noted his recent report by Tom Shwarts. Mena�d's Division on- tr e�. This report listed the parking availabie at 14 other locations and lis d e daily number of customers at each site from January 1980 thru April 1981 . � � - - - � -- - Board of 2oning Appeals . Page 3 August 11 � 19$1 cords show a building permit issued by Alan Ostrow on January 23, 1978. f r re deling with an estimated value of $500. Mr. Bic stated he remodeled the previous two-car garage area into a wo-bedroom and bath artm�nt for his daughter and son-in-law as apartment co s were pro- hibitive. The secretary no d that if this be so, Mr. Bick had created two-family dwelling in confllct with t Zontng Code. The house is on piling because of soil conditions and r. Bick stated he wanted _ to build the garage detac d on a floating slab to a id piling costs because additional piling is expens e and would be a hard ip. . Art Flannagan satd in effect Mr. Bick created is own hardship wfien he remodeled his former tuck-under garage to 1 ing area. The secretary noted that when the exis ' g garage was eliminated there was still enough existing area on the lot to pr i for attaching another two-car garage. This would require piling the same the use. � Glen Christiansen said that eco mics cannot be onsidered'as a direct hardship and noting the value of the 1 ' ing space obtaine hen the previous garage spaces were remodeled, that piling , equired for additional ttached garage space within code provisions should no /be considered a hardship. Followi.ng additional scussion, Glen Christiansen moved t deny the waivers as requested. Second William Forster and upon vote carried animausly. Chairman Flanna n noted that the appeal process is available. Bick stated he would appe The secretary noted a staff �eport would be �equi d for any appeal when iled and Mr. Bick was cautioned that based on the condit ns and situatio oted in this meeting and based on the ability to construct a itional garage ace on piling and within the code and setback requirements, that e . possi ility of a favorable staff report was remote. Mr. Bick acknowledged b sai he would appeal. The secretary said the appropriate forms would be provi d e next day. 81-8-34 (Ma 1.2) Residential ' Lo l, Block 1 , Valleywood Addition ` obert T. Sanko The Petition is for waiver of Section 3.07 (1) front setback for 10' off the required 35' front setback to a distance of 25' from the front lot line to the pro- posed d�elling. � Mr. Sanko was present. Signatures of approval had been obtained. The petition was in o�der. No adJacent p�operty owners were present. .. - - - -. .--__ .___. _ . •- -- .__. « ' ' � Board of Zoning Appeals � Page 4 August 11 , 1981 Mr. Sanko had received permission to construct a two-family dwelling on this � parcel that fronts on the service road at Highway 55 adJacent to United Tree Service Company. Thfs original approval was obtained August. 1980. Mr. Sanko �ecently received an extension to the one year allowed for constructlon to start� however, he is now ready to proceed. In reviewing the placement of the proposed structure, Mr. Sanko determined that for all concerned, adjacent neighbors included, that if a 10 ft, waiver could be obtained on the front set- back the house could be placed forward to allow more space to the rear from the adjacent new homes and by turning the structure slightly, more sideyard tlearance. ThTs is an odd shaped lot, wide on Highway 55 side and then angled from both sides to the rear. The Board had �ecently granted Uzzell Bros. Construction a 10 ft. waiver to a distance of 25 ft. from the front lot line on a tot Just west along the service road. This too provided the requ�red sideyard clearance for that lot. Following review of several other adjustments, Glen Christiansen moved to approve the wa�iver as requested, noting this is an odd shpaed lot and difficult to develop, and also noting this was a significant improvement in placement of a structure on the property. Motion seco�ded by William Forster. During discussion on the motion, Mr. Sanko noted .that in the covenants for all the lots including his, there will � be constructed an architectually pleasing privacy fence all along the service road where the new home fronts. The vote was called and it was unanimous for approval . � Mike Sell arrived at this ttme. -35 (Ma 10) Residentlal 1335 chez Avenue South � David K. el The Petitlon r waiver of the maximum allowable height 40 . in accordance with the ing Code to a proposed height of 6 . f�om ground level to the top the antenna. (Ham radio er.) Mr. Wendel was present. Consent had b obta from the adjacent neighbors, the antenna had been reviewed by the Buil oard of Review which had stated they would recommend approval to 40 . n keepi ith the intent throughout the Zoning Code and they recomm ed any fu�ther cons ration be addressed by the Board of toning Appeal It was noted that the�e is irect section in the residential Zoni ode that applies to such structures as ennas, wind- milis, air elec generators. solar collectors, etc. The secreta tated that those ticular items are being reviewed by staff including how o ' commu es are addressing these structures and staff will be presenting a p to the Planning Commission and Council for conside�ation in the near future. � •o all neighbors surroundin the unit of 5615 and 5625 Olson Me 9 mor iai Highway. It 3s my intention to get a permit, under the Planned Onit Development Ordinance, which would enable me to divide the double bungalow into two units and sell one side to a permanent homeowner ia�stead of using it as a rental property. I feel this would be much better for all parties concerned, since permanent homeowners are known to 'maintain and keep up their own property better than renters. Not s , ; � J • / f � , °! =� '�- P/'S �' �I'�<<� , � � � // CJ � � ✓ - � u.�-�-����,. �d ! r/ (,,/ � �T.,�'�..,.�.. �3�� � �� ��� � � . 5��o v w . n sz i � � • ��r-�: ��-D�-a n