10-10-83 PC Agenda {
GOLDEN VALLEY PLANNtNG COMMISSION
(Civic Center, 7800 Golden Valley Road)
• October 10, 1983
7:00 P.M.
AGENDA
I . APPROVAL OF MINUTES - SEPTEMBER 26, 1983
II . SET DATE FOR INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT
APPLICANT: TACO BELL, Chicago, lllinois
LOCATION: 6620 Wayzata Blvd.
REQUEST: Approval of a Conditional Use Permit to
operate a Class ll , Fast Food, restaurant
within an Industrial Zoning District
III . INFORMAL PUBLIC HEARING - REZONING
APPLICANT: International Development, inc.
• LOCATION: 7700 Wayzata Boulevard
REQUEST: Change zoning from Residential to Business
and Professional Office Zoning District ;.
IV. INFORMAL PUBLIC HEARING - PRELIMINARY DESIGN PLAN - PUD #44,
PEM MILLWORK
APPLICANT: PEM Millwork
LOCATION: 800 Mendelssohn Avenue North
REQUEST: Preliminary Design Plan PUD #44 approval
V. INFORMAL. PUBLIC HEARIN� - CONDITIONAL USE PERMIT
APPLICANT: City of Golden Valley
LOCATION: 2501 Rhode Istand Avenue North
REQUEST: Approval of operation of Farmer's Market
within a Commerciat Zoning District
VI . REPORT ON HRA MEETING - SEPTEMBER 27, 1983
• VII . REPORT ON CITY COUNCIL MEETING - OCTOBER 4, 1983
� MINUTES OF THE GOLDEN VALLEY
PLANNING COMMISSION
September 26, 1983
A regular meeting of the Planning Commission was held in the Council Chambers
of the Civic Center, 7800 Golden Valley Road, Golden Valley, Minnesota.
Chairman Thompson called the meeting to order at 7:00 P.M.
Those present were Commissioners Prazak, Singer, Thompson and Tubman.
Cortanissioners Forster, Leppik and Polachek were absent.
Also present were Mike Miller, Planning and Redevelopment Coordinator, and
Alda Peikert, Assistant Planner.
I . Approval of Minutes - September 12, 1983
It was moved by Commissioner Prazak, seconded by Conanissioner Tubman and
carried unanimously to approve the minutes of the September 12, 1983 Planning
Commission meeting as recorded.
II. Informal Public Hearing - Conditional Use Permit
APPLICANT: Gopher Oil Company
� LOCATION: 900 Mendelssohn Avenue North
REQUEST: Bulk storage and packaging of motor and
lubricating oils in Industrial Zoning
District
Chairman Thompson introduced this agenda item and recognized Mr. Francis
Schuck, Constructive Design, Architect for the proponent, and Mr. Fred Bame,
Gopher Oil Company.
Chairman Thompson reviewed the staff recommendation for approval subject to
two conditions and asked whether the two conditions are understood by the pro-
ponent.
Mr. Fred Bame confirmed that the two conditions are acceptable to Gopher Oil
Company. Mr. Bame stated that the proponent had been working with the City
Building Inspector and Fire Marshal and agreed to all required building impro-
vements. Mr. Bame said that basically Gopher Oil is in the lubricating oil
business and does not plan to do anything different from what Standard Oil did
in the building. Mr. Bame added that Gopher Oil sells some antifreeze and
related items but is not into chemicals and that all products were reviewed
with the Fire Marshal .
�
Planning Commission Meeting - September 26, 1983 Page 2
� Chairman Thompson instructed the proponents that if they plan to store and
package a material other than oil such as antifreeze, this should have
been addressed in their application.
Commissioner Prazak asked what exactly was said in the application. Planning
and Redevelopment Coordinator Mike Miller replied that the application and all
other letters from the proponent state that the proponent wishes to store bulk
motor �nd lubricating oils. No other substance is mentioned in the applica-
tion and letters from the proponent. Mr. Miller pointed out that the whole
purpose of the Conditional Use Permit is to control these substances and that
need for control was the reason such operations became a Conditional Use when
the Zoning Ordinance was revised. There may be a need for other safeguards if
other chemicals such as antifreeze are introduced into the building. Staff
did not investigate antifreeze because it was not on the application. Mr.
Miller concluded that if the proposed operation includes other than motor and
lubricating oils, then the application is erroneous and should be withdrawn,
corrected and resubmitted for proper hearing.
Mr. Miller further pointed out that the Planning Cort�nission also should review
the two site plans submitted by the proponent, one indicating space on site
for all required parking and the other showing parking space for° initial use
with additional parking to be constructed as needed in the future. Mr. Miller
explained that this is a matter for the Board of Zoning Appeals (BZA) but
should be noted by the Planning Commission.
� Mr. Fred Bame stated that antifreeze is a part of any business such as that
conducted by Gopher Oil. Mr. Bame explained that the antifreeze comes already
blended in tank cars and is transferred to 55 gallon drums. Mr. Bame added
that the antifreeze is not flammable or explosive. Mr. Bame then introduced
his brother, Mr. Bill Bame, Gopher Oil Company.
Mr. Bill Bame asked whether the Planning Commission could recommend approval
of a Conditional Use Permit for the oil storage and Gopher Oil could make sub-
sequent application for handling of antifreeze provided no antifreeze is
included in the operation until the time of approval of the subsequent
Conditional Use Permit.
Mr. Miller replied that the storage of antifreeze could be handled either as a
part of a corrected Conditional Use Permit application or as a subsequent
application and that there are arguments for either procedure. It would be
preferable from the City standpoint to consider the matter all at the same
time rather than reviewing the same site twice, but it is a matter for deci-
sion by the Planning Commission.
Commissioner Tubman suggested recommending approval of a Conditional Use
Permit for storage and handling of oil only with the clear understanding that
storage of antifreeze could be a problem or could require additional safe-
guards.
� �
Planning Commission Meeting - September 26, 1983 Page 3
• Commissioner Prazak asked whether the previous user of the building packaged
antifreeze. Mr. Miller replied that staff does not know whether or not
Standard Oil handled antifreeze but that the Standard Oil operation was grand-
fathered in as an existing use at the time of revision of the Zoning Ordinance
to require a Conditional Use Permit. Mr. Miller stated that he doubted
whether Standard Oil was even aware that the Ordinance had been changed. Now
that the operation has been shut down for at least six months, if Amoco were
to start up again, they also would be required to obtain a Conditional Use
Permit.
Commissioner Singer asked whether the poponents are short of time. Mr. Bill
Bame answered in the affirmative, and Mr. Fred Bame explained that they have
already received an extension of their loan commitment from IDS and that if the
Conditional Use Permit is not approved on the current time schedule, there
will be no further extension.
Mr.. Bill Bame stated that there is protection built into the plant designed to
handle spillage of a substance such as antifreeze and that listing of
antifreeze on the Conditional Use Permit application was simply overlooked.
Commissioner Prazak asked whether the first recommended condition of approval
requiring compliance with Building Inspector and Fire Marshal requirements
would cover the handling of antifreeze. Mr. Miller answered that he cannot
say whether it would cover antifreeze because the Building Inspector and Fire
� Marshal were not asked to inspect for use of antifreeze in making their
reports on this application. Mr. Miller reported that he mentioned to Mr.
Bill Bame at the time of a discussion in the City offices that handling of
antifreeze would come under the same Zoning regulations as oil in requiring a
Conditional Use Permit.
Chairman Thompson opened the informal public hearing for public input. There
was no one present who wished to speak on this agenda item, and Chairman
Thompson closed the informal public hearing.
Commissioner Prazak suggested that the Planning Commission recortonend approval
of the requested Conditional �se Permit with the stipulation that the matter
be referred back to the Planning Commission if staff determines that use of
antifreeze involves additional safeguards and requirements.
Mr. Miller informed the Planning Commission that he was instructed by the City
Manager to notify the City Council at the October 4, 1983 City Council meeting
if there are any problems with holding the October 18, 1983 hearing already
set by the City Council . The agenda for the October 4, 1983 meeting is fina-
lized on Thursday, September 29, 1983, and the matter would have to be
resolved by that time. Mr. Miller suggested that if a delay would hold up �
closing on the sale of the building, the proponents should explain their con-
cerns at this time.
�
Planning Coimnission Meeting - September 26, 1983 Page 4
� Mr. Fred Bame stated that the proponents cannot afford any more time delays and
would have to remain in their current location if the Conditional Use Permit
is not approved by the City Council at the time of the hearing scheduled for
October 18, 1983. Mr. Bame explained that oil cannot be moved in the winter
without heating which is prohibitively costly. Mr. Bame stated willingness to
make any modifications required in order to comply with requirements for
handling of antifreeze. Mr. Bame added that although the proponents had been
working with the City Building Inspector and City Fire Marshal on their propo-
sal for a matter of months, they had only four weeks previously become aware
of the need for a Conditional Use Permit.
Commissioner Singer expressed willingness to move a recommendation for appro-
val with the conditions limiting the operation to storage and handling of oil
and to leave the matter of antifreeze for future action. Chairman Thompson
and Commissioner Tubman expressed concern that the City Council should be made
aware of the antifreeze situation at the same time that approval of the
Conditional Use Permit for oil is recommended. Mr. Miller confirmed that the
approval recommendation could stand as written with the proponent coming in
later for approval on the antifreeze. Mr. Miller added that a file notation
made by the City Building Inspector documents that an agent for Gopher Oil was
informed by the Building Inspector and by Mr. Miller in December 1982 of the
need for a Conditional Use Permit for the proposed Gopher Oil operation.
It was moved by Commissioner Singer, seconded by Commissioner Tubman and
carried unanimously to recommend City Council approval of the Conditional Use
• Permit requested by Gopher Oil Company for bulk storage and packaging of motor
and lubricating oils at 900 Mendelssohn Avenue North within an Industrial
Zoning District subject to the following conditions:
1. That the applicant accept and implement all requirements and
recommendations of the City Fire Marshal , and the City Building
Inspector.
� 2. That the Conditional Use Permit shall allow only the bulk storage
and packaging of motor and lubricating oils as stated in the
application, and shall not include the bulk storage, packaging
and/or blending of any other chemical substances than those �
included on the Conditional Use Permit application.
3. That any variance from initial construction of all parking space
required by Ordinance shall require Board of Zoning Appeals (BZA)
action. .
Chairman Thompson suggested to the proponents that they begin immediately on
their application for a Conditional Use Permit to cover storage and handling
of antifreeze.
�
Planning Commission Meeting - September 26, 1983 Page 5
• III. Informal Public Hearing - PUD Amendment, Preliminary Design Plan
APPLICANT: Colonial Acres Home, Inc.
LOCATION: 5800 St. Croix Avenue
REQUEST: Approval of Preliminary Design Plan for
PUD #1-6, Covenant Manor, Amendment #2
Chairman Thompson introduced this agenda item and recognized Mr. James Van
Vugt, Executive Director, Colonial Acres Healthcare Center.
Commissioner Tubman asked the proponent whether there is a demand for the pro-
posed additional living units. Mr. Van Vugt replied that the rationale for
the proposed addition is three-fold:
1. There is an ongoing demand metro wide for this type of living
unit.
2. Covenant Manor currently has a waiting list of 26 persons desiring
units. During the current year only five apartments became avail-
able. This translates into a three to five year waiting time for
new residents.
3. The original plan for Covenant Manor was for a seven story building
• housing 130 units, and facilities are designed to accommodate 130
units. Covenant Manor could make better use of its facilities with
an increased number of units.
Mr. Van Vugt added that their own national board requires that a certain
number of units be prereserved with substantial deposits prior to construc-
tion. It is anticipated that by the spring of 1984 more than 50 percent of
the units will be firmly coimnitted and then construction can begin.
Commissioner Singer asked whether residents buy the- units. Mr. Van Vugt
replied that Colonial Acres offers a continuing care concept whereby an indi-
vidual makes an endowment or pays an entrance fee which purchases a substan-
tial art�unt of prepaid health care. Colonial Acres then assures that the
health care is available on their campus. The proponent is at this time
completing an addition to the Colonial Acres building which provides care one
step away from the apartment but not yet within the nursing home category.
When completed Colonial Acres will then have on their campus all four steps
recognized nationally in the continuing care concept. The new step is called
personal care, and the other two steps in the four step program are inter-
mediate care and skilled nursing care. The fee paid for residency at
� Covenant Manor assures residents of availability of continuing care and also
insures them of a significant ar�unt of prepaid care.
Chairman Thompson opened the informal public hearing for public input.
�
Planning Commission Meeting - September 26, 1983 Page 6
• Mr. Joseph Prest, 6000 Duluth Lane, stated that he has been a resident at that
location since 1969. Mr. Prest said that when Covenant Manor came into
existence in their community, they saw the well kept grounds and beautiful
building and had a chance to meet the lovely people who live there. Mr. Prest
said that Covenant Manor has enhanced the community tremendously, that he is
very proud to have Covenant Manor as a member of the community, and that he is
sincerely looking forward to the new construction.
Chairman Thompson closed the informal public hearing.
Mr. Van Vugt said that he would like to comment as a matter of record that
Covenant Manor looks for continuation of several conditions of the original
PUD Permit:
1. Access from Duluth Street for deliveries and staff by means of
a permanent easement concluded with Jason Development.
2. An overflow parking agreement with Jason Development for use of
the office complex parking area on the four to five occasions
per year when Covenant Manor has special programs requiring
additional parking.
3. Provision for payment of a contribution to the City for ser-
vices in place of taxes in the event that Covenant Manor is
eventually determined to be tax exempt, a question to be
• decided by the Supreme Court.
Mr. Miller verified that the original Permit conditions in question will
remain in effect.
Chairman Thompson reviewed the staff recommendation for approval subject to
five conditions and asked for Commissioner comments.
0
Commissioner Singer expressed support for the project and stated that he likes
the idea of calling the complex a campus.
Commissioner Tubman stated that she appreciates the living options and health
care options offered by Colonial Acres with Covenant Manor. Cor�nissioner
Tubman stated that the Planning Commission and City Council are very much
aware of the need for senior citizen housing and that this plan is par-
ticularly well integrated with the existing building, the surrounding neigh-
borhood and the needs of the community. Commissioner Tubm�n concluded that it
is nice to see so many older citizens who appreciate this type of housing
turning out to support the construction of more such housing.
Commissioner Prazak stated that he wished to underscore support expressed by
other Commissioners and to compliment Colonial Acres for extending the range
of types of care offered.
�
Planning Commission Meeting - September 26, 1983 Page 7
• It was moved by Commissioner Prazak, seconded by Commissioner Singer and
carried unanimously to recommend approval of the Preliminary Design Plan for
PUD #1-B, Covenant Manor, Amendment #2 subject to the following conditions:
1. Relocation of the six inch building sanitary sewer connection
directly into the sanitary sewer line to the east of the
building instead of into the manhole slightly to the northeast.
2. Sprinklering of the entire new building including the parking
levels.
3. Location of the Fire Department connection for the sprinkler
system and standpipes on the northeast corner of the building
in proximity of the fire hy drant.
4. Construction of an opening in the existing fence on the east
property line to provide access to the fire hydrant on that
side.
5. Attention on the landscape plan submitted with the General Plan
of Development to landscaping treatment of the five foot setback
and radio tower site on the north side of the building.
IV. Discussion of Setting of City Council Hearing Dates Prior to Planning
. ommission ction .
Chairman Thompson stated that prior to proceeding with reports on meetings, he
wished to cor�nent on the fact that this was not the first time the Planning
Commission had been faced with an already scheduled Council hearing and that
the dangers of having a hearing already set at the request of the City Manager
were quite apparent from developments in consideration of the Gopher Oil
Conditional Use Permit request. The time constraint limits the flexibility of
the Planning Commission and does not allow for full consideration of a propo-
sal . Planning Commissioners expressed concurrence with this observation, and
Chairman Thompson stated that he feels this sentiment should be passed on to
the City Council .
V. Report on HRA Meeting - September 13, 1983
Chairman Thompson provided the Planning Commission with a report on the
September 13, 1983 HRA meeting.
VI. Report on BZA Meeting - September 13, 1983
Chairman Thompson deferred the report on the September 13, 1983 Board of
Zoning Appeals (BZA) meeting due to the absence of Commissioner Polachek.
VII. Report on City Council Meeting - Se tember 20, 1983
• Chairman Thompson provided the Planning Commission with a report on the
September 20, 1983 City Council meeting.
Planning Commission Meeting - September 26, 1983 Page 8
� Y I I I. Report on Meeti ng of the Si dewal k Corrani ttee
Comni ssioner Si nger provi ded the Pl anni ng Comrni ssion wi th a report on the
meeting of the Sidewalk Conrnittee, which reviewed and updated the sidewalk
construction p�iorities in a 1970 sidewalk plan.
The meeting was ad�ourned at 8:15 P.M.
Respectfully submitted,
avid hompson, Chairman argaret Leppi , 5ecretary
�
'
�
� T0: GOLDEN VALLEY PLANNING COMMISSION DATE: OCTOBER 5, 1983
FROM: ALDA PEIKERT, ASSISTANT PLANNER
SUBJECT: SET DATE FOR INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT
FOR A CLASS II RESTAURANT IN AN INDUSTRIAL ZONING DISTRICT -
6620 WAYZATA BOULEVARD - TACO BELL
The proponent, Taco Bell , requests a Conditional Use Permit for operation
of a take out restaurant at 6620 Wayzata Boulevard, currently the location
of an Arthur Treacher's Fish and Chips Restaurant. The subject site is
in an Industrial Zoning District, in which a Class II Restaurant is a
Conditional Use. � �
Staff suggests that the Planning Commission set an informal public hearing
date of October 24, 1983 for consideration of the Conditional Use Permit
requested by Taco Bel.l for a Class II Restaurant at 6620 Wayzata Boulevard
in an Industrial Zoning District.
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ALYER lt. FREEMAN
� COUNTY SURVEYOR
HENNEPIN COUNTY, MINN.
� T0: GOLDEN VALLEY PLANNING COMMISSION DATE: OCTOBER 5, 1983
FROM: MIKE MILLER, PLANNING � REDEVELOPMENT COORDINATOR
SUBJECT: INFORMAL PUBLlC HEARING - REZONING, 7700 WAYZATA BLVD.
International Development Company, Inc. has requested rezoning the
property located at 7700 Wayzata Boulevard from Residential (single
family) to Business and Professional Office (B�PO) . HoweVer, after
reviewing their proposed plans with respect to neighborhood opposition
and the poten�ial impact on the site resulting from the development of
�-394 and subsequent ri�ht-of-way acquisltion, the proponent, through
his engineering consultant, Westwood Planning and. Engineering, has with-
drawn their request to rezone the site in question. The proponent would
prefer to develop a plan that would be more acceptable to the neighborhood.
The proponent would also like to explore the possibilities of negotiating
a contract zoning arrangement between the City and the proponent to assure .
the community that the developer will perform as he says he will .
MHM:kjm
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• T0: GOLDEN VALLEY PLANNING COMMISSION DATE: OCTOBER 5� 1983
FROM: ALDA PEIKERT, ASSISTANT PLANNER
SUBJECT: INFORMAL PUBLIC HEARING - PRELIMINARY DESIGN PLAN FOR PUD #44,
PEM MILLWORK ADDITION
The Golden Valley Planning Commission on September 12, 1983 set an informal
public hearing date of October 10, 1983 for consideration of the Preliminary
Design Plan of PUD #44, Pem Millwork Addition, which proposes construction
of two office warehouse buildings on a three acre parcel located at 800
Mendelssohn Avenue North.
The proponent, Mr. Paul Hoover, requests a postponement of the informal
public hearing to allow time for completion of plans for the sanitary
sewer service and for surface water drainage as required by the City Engineer.
Staff suggests that the Planning Commission not take .action to reset an
informal public hearing date for the Preliminary Design Plan of PUD #44,
Pem Millwork Addition, until staff reports that the proponent has submitted
utility plans which meet the approval of the City Engineer.
Staff suggests that the Planning Commission not take action to reset
� an informal public hearing date for the Preliminary Design Plan of PUD #44,
Pem Millwork Addition, until staff reports that the proponent has submitted
utility plans which meet the approval of the City Engineer.
AP:kjm
�
� T0: GaLDEN VALLEY PLANNING COMMISSION DATE: OCTOBER 5, 1983
FROM: ALDA PEIKERT, ASSISTANT PLANNER
SUBJECT: INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT - 2501 RHODE ISLAND
AVENUE NORTH - FARMERS MARKET IN A COMMERCIAL ZONING DISTRICT
The City of Golden Valley, as the proponent, requests a Conditional Use Permit
for City sponsorship of a seasonal farmers market on two vacant lots owned by Golden
Valley VFW Post No. 7051 and located at 2501 Rhode Island Avenue North in a Com-
mercial Zoning District. .
The proposed operation is further described in the attached application under item
7 continued on an additional sheet. The proposed farmers market would operate
three days a week, Monday, Wednesday and Saturday, for six months of the year,
April through October. Proposed hours are 7:00 a.m. to 7:00 p.m. The description
includes limitations on products to be sold and on the size of trucks allowed.
The site plan prepared by the City Engineer illustrates location of vendor stalls,
customer parking and access points. A total of eleven vendor stalls, each 20 by
50 feet in size, are provided for a total of 11 ,000 square feet of vendor area.
The City Engineer indicates adequate space for the 73 parking spaces required by
� Ordinance based on a ratio of one parking space for every 150 square feet of retail
space. Two existing curb cuts at the north and south ends of the Rhode Island Avenue
North frontage provide access to the site.
The Golden Valley City Council on July 19, 1983 authorized signature of the attached
agreement with VFW Post No. 7051 , in which the VFW grants the City use of the property
for purposes of conducting a farmers market limited to the proposed products , days
and times provided the City maintains the property and releases the VFW from
liability. The application notes that the VFW has also offered to make the restroom
facilities in th� adjacent VFW available for farmers market use. The City remains
the applicant for the Conditional Use Permit responsible for the farmers market,
but the application explains that operation of the proposed farmers market by the
Golden Valley Senior Citizens Group is anticipated.
Staff suggests tha.t the Planning Commission deny the Conditional Use Permit requested
by the City of Golden Valley for operation of a farmers market at 2501 Rhode Island
Avenue North in a Commercial Zoning District due to lack of adequate facilities on
the proposed site and due to lack of staff to oversee operation of the proposed farmers
market. •
The site is currently unimproved and consists of dirt, weeds and rutted gravel
drive at the north access point. The Board of Zoning Appeals (BZA) on August 9,
1983 denied a City request for a waiver of Zoning Code requirements of bituminous
parking lot surfacing and curb separation from landscaped areas. The attached BZA
minutes reflect that BZA members not only expressed concern over precedent set by
� waiver of paving requirements, but also stated for the record additional concerns
over general maintenance of a City operated farmers market. The proposed site plan
shows sodding the required landscaped setback areas and presumably gravel finish
Golden Valley Planning Commission
• October 5, 19$3
Page 2
af the market and parking areas. However, City intentions for site improvement and
availability of funds, materials or staff for improvement are not adequately
add ressed.
Additional site deficiencies include lack of water on site for care and handling
of produc-e, lack of any permanent shelter for senior citizens overseeing the
operation, lack of lighting or electricity for lighting necessary for operation up
. to 7:00 p.m. in October, and limited availability of the VFW restrooms. Not only
are the restrooms some distance from the site, but the VFW does not open until
11 :00 a.m. , four hours after the proposed opening hour of the farmers market.
Furthermore, access to the UFW for underage vendors or customers is questionable.
Staff further questions whether it is appropriate for the City to undertake
responsibility for the proposed farmers market considering potential adminstration
and maintenance needs. Reliance on the Senior Citizens Group for operation is not
adequately addressed, and no commitments of City staff time or funding are made.
City Engineer Lowell Odland will be present at the October 10, 1983 Planning
Commission meeting to explain the proposal and answer questions.
� AP:kjm
Attachments:
1 . Site Location Map
2. Application Form
3. Site Plan
4. July 19, 1983 City Council Minutes
5. Agreement '
6. August 9, 1983 BZA Minutes
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SUPPLEMENTARY INFORMATION
�
1. Enclosed herewith is my check in the amount of $150.00 required
for filing of the application. I understand that NO portion of
this amount witl be refunded to me. FEE WAIVED
2. NAME OF APPLICANT• City of Goiden Valley, Minnesota
individual , corporation, etc.
ADDRESS: 7800 Golden Vallev Road ZIP: 55427
BUSINESS PHONE: 54�-3781 HOME PHONE:
3• STREET ADDRESS OF PROPERTY DESCRIBED IN THIS APPLICATION:
Lots 5 and 6, Block 1 , Terra Linda Plaza (no address assigned at this time. )
4. EXACT LEGAL DESCRIPTION OF THE LAND INVOLVED IN THIS PETITION:
(Use extra sheet and attach to this application)
5. PRESENT ZONING CLASSIFICATION OF THE DESCRIBED PROPERTY:
, ___Comme rc i a 1
6. DO YOU OWN THE PROPERTY DESCRIBED IN THIS APPLICATION?
(See Section 10) YES NO X City +�as an agreement with
Property owners for use,. if granted.
7. PROPOSED USE OF THE PROPERTY AND REASON FOR REQUESTING A
CONDITIONAL USE PERMIT (Be specific) : _
The commercial zoning code provides for operation of a farmer' s
market under the provision of a conditional use permit. The proposal
is to provide for a market which would operate on Monday, Wednesday,
and Saturday each week from April lst through November lst of each year.
(Continued on attached sheet)
8. GENERAL AREA MAP:
Attach an accurate, dimensioned. general area map of the area in-
volved, showing the location of the subject property with respect
to existing streets, railroads. drainage ways, public utility
easements, buildings and nea�by properties that might be affected
• by the granting of this petition. Also, attach a list of names
and mailing addresses of all property owners within 500 feet of
tfie perimeter of the sub,ject property. The scale of the General
Area Map should be 1" � 200' or large�. Up-to-date half-sections
of approximately this scale are suitable for this purpose.
• 7. Continued -
The hours proposed to be available for this purpose are within
7:00 A.M. to 7:00 P.M. each day of use.
Spaces for vendors will be at 20 feet wide, 50 feet deep to
provi�de for a vehicle and display.
A maximum of 11 vehicles at any one time.
A refuse container will be provided on site by the City.
Toilet facilities have been offered by the V.F.W. for use in
their building.
° A daily fee of $4.00 per vehicle is proposed and at the present
time it is being considered that the Golden Valley Senior Citizen's
Group from Brookview operate the market and the funds collected be
used for their projects.
Vendors will be limited to maximum size vehicle of 2 tons in weight.
(No semi-tractor types) .
Sales are limited to bedded plants, flowers, seasonal produce in
season and firewood. (No antiques, handcraft items, meats or
other processed food will be permitted.)
•
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� ------• • Ju�y 19, 1983
titions Re ardirt 83 SI 4
MOVE by Johnson, seconded by Mitchell and motion carried unanimously to recei
and fi two petitions, one dated July 13, and one received July 14, 1983.
� *Fina1 P1 A proval - PUD #30-6 - Med1e Lane .
Member Johns introduced the following resolution and moved its adop on:
RESOL ION FOR ACCEPTANCE OF PLAT OF PUO �30-8, MEDLEY E
The mation for the doption of the foregoing resolution was sec nded by Member
Mitchell and upon a te being taken thereon, the follaring v ed in favor
thereof: Anderson, Jo nson� Mitchell, Stodcnian and Thorsen and the following
voted against the same: none, whereupon said resolution w s declared duly
passed and adopted, signe by the Mayor and her signatur attested by the Deputy
City C1erk. See Resolutio Book Page .
*Extensi�n of Sales Trailer at heasant G1en Townho s
MOVED by J ohnson, seconded by Mi ell and moti carried unanimou sly to extend
the use of the sales trailer at Ph sant G1en ownhomes to Decenber 31, 1983.
*Designating Polling Place
Member Johnson introduced the following solution and moved its adc�ption:
RESOLUTION DESI ATING LLING PLACES
� The motion fur the adoption of t foregoing re lution was seconded by Member
Mitchell and upon a vote being aken thereon, the following voted in favor
thereof: Ariderson, Johnson, tchell� Stockman an Thorsen, and the following
voted against the same: no , whereupon said resolu ion was decla red duly
passed and adopted, signe y the Mayor and her signa re attested by the Deputy
City Cleric. See Resolut n Book Page .
Final Brookview Pool tudy
Maurice Johnson a Bob McNiesh fram TKDA, and Lloyd Becker, ning and Inspection
Supervisor were resent to review the study and answer question fram the
Council .
MOVED by M' he11, seconded by Johnson and motion carried unanimousl to receive
and file e final . Brookview Pool Study, dated Ju1y 14, 1983 and refe it to the
Open Sp e and Recreation Commission with the following direction: ana ze the
cost fectiveness as compared with the numbers served and with other re eation
pr ams, and request that the Council Subcommittee of Stodcman and Thorse meet
wi a Open Space and Recreation Commi ssion Subcammi ttee prior their revi ew f
e study.
Proposed Agreement with VFW for Farmers Market
Lowell Odland, Robert Skare and Lloyd Becker, Zoning and Inspection Supervisor
were present to review the ageement and answer questions fran the Council .
• MOVED by Johnson, seconded by Anderson and motion carried unanimously to authorize
the Mayor and Manager to sign the agreement with YFW Post �7051.
AQtEEMENT
• This is an Agreement made and entered into this 19th day
of July, 1983, by and between the CITY OF GOLDEN VALLEY (herefn-
after "City") and the VETERANS OF FOREIGN WARS, Post No. 7051
located within the City of Golden Valley (hereinafter "VF�V-
The VFW owns certain real property within the City
located on Rhode Island Avenue between Medfcine Lake Road on the
North and 23rd Avenue on the South (as legally described below)
and the City is desirous of using said property, on a part-time
basis, in order to provide for the operation thereon of a farmer 's
market. It is the intent of the City that the above-referenced
subject property owned by the VFW, being commercially zoned, may
be used as a site to which producers of agricultural commodities
- may bring their produce for the purpose of there displaying and
selling the same to interested citizens and/or residents of the
City of Golden Valley.
The VFW is willing to allow the City to use its property
for the farmer 's market purposes aforesaid provided that said use
is restricted and conditioned as per the terms hereof.
NOW THEREFORE, the parties hereto, in consideration of
their mutual covenants herein made, and the payment by the City to
the VFW of the sum of �10 and other good and valuable
consideration, do agree as follows:
• 1. The VFW hereby grants unto the City the ri ht
license and privilege to use that �er tain property owned by the
VFW and legally described as:
Lot 5 and Lot 6, Block 1, Terra Linda Plaza,
Hennepin County, Minnesota.
f or the purpose of the City conducting thereon a farmer 's market
operation of the type described above, to which farmer 's market
egricultural producers shal.l be allowed to bring, deposit, display
and sell bedded plants, seasonal produce, cut fresh flowers and
• the like.
2. The license and right of use as hereinabove described
shall be Iimited to the hours of 7:00 a.m. to 7: 00 p.m. on
Mondays, Tuesdays, Wednesdays and Saturdays during the months of
July, August, September and October during the calendar year 1983,
and to the hours of 7:00 a.m. to 7:00 p.m. on Mondays, Tuesdays,
Wednesdays and Saturdays during the months of April, May, June, -
July, August, September and October of all years subsequent to
1983 during which this Agreement is in force.
3. The term of this Agreement shall commence on the date
hereof and shall extend at a minimum to November l, 1983.
�
Thereafter this Agreement shall automatically continue in force
for successive one-year terms until and unless either pazty hereto
� shall give to the other notice of its intent to terminate. Any
such notice given by either party hereto shall be effective for
the purpose of terminating this Agreement provided that it is
given in writing and by hand delivering said written notice to any
officer or official of the other party hereto, and provided
further that said notice must be so delivered not less than 120
days prior to the termination date as specified in said written
notice.
4. The City hereby agrees to indemnify, hold harmless,
save and defend the VF�nT from any and all claims which may arise
out of the City's operation of the farmer 's market as hereinabove
described.
5. The City agrees that it will at all times during and
immediately following each daily period of prescribed and
permitted use as stated above, keep and maintain the subject
property owned by the V�1 in a safe and clean condition, and will
cause to be removed therefrom every �nd all type and nature of
ref use, litter and waste materials.
6. This Agreement sets forth the entire understanding
between the parties and shall not be modified, altered, amended or
abridged without the written consent of the other party hereto.
• The parties have caused this Agreement to be executed by
their respective officials named below the date and year first
written above.
CITY OF GOLDEN �FALLEY
B
. Rose r T orsen
Its: May
And
Sweet
Its: City Manager
VF�nT OF OOLDEN VALLEY
''�
By
Its: � �
i
And
. Itss � ., y ' � �n .
-2-
Board of Zoning Appeals
Page 6
• August 9, 1983
83-8-21 (Map 14) Commercial
ot an , oc , erra inda Plaza
City of Golden Va11ey and VFW Post 7051
The Petition is for waiver of Section
13.07(1 ) of the Zoning Code to provide for a temporary
parking area without curb and blacktop.
The secretary, Lloyd Becker, reviewed the proposed plot plan for parking and
vendor area with the Board. Following a review of the entire. proposal with
the Board, Art Flannagan moved to deny the request for waiver of the required
curb, gutter and asphalt surface for the lot. Glen Christiansen seconded the
motion and upon vote it carried unanimously.
The Board noted that the Zoning Code did provide for other farmer's markets to
be considered under Conditional Use Permits in the corrrnnnercial area. They said
a waiver here would set an unacceptable precedent by the Board and it would
be difficult to fairly address any other such proposals or any other parking
lot as required in the entire Zoning Code.
In addition, the Board members present asked that the minutes reflect that they
� did not look favorably on the proposed farmer's market because of the following
concerns for it. The possibility of it becoming a public nuisance, the
potential cost to the city for maintenance of the area and the possibility of
problems with transient vendors and control of the area.
There being no further business to come before the Board, it was upon
motion, second, and vote adjourned at 9:20 P.M.
Glen Christiansen, Chairman Pro Tem Lloyd G. Becker, Secretary
�