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12-14-81 PC Agenda _' - - GOLDEN VALLEY PLANNING COMMISSION ;� DECEMBER 14, 19$1 (CIVIC GENTER, 7800 GOLDE�J VALLEY ROAD) 7:00 P.M. AGENDA I. APPROVAL OF MINUTES - NOVEMBER 9, 1981 il. SET DATE FOR INFORMAL PUBLIC HEARING - PRELIMINARY PLAT APPLICANT: Taco Bell , Westmont, Illinois LOCATION: 2480 Winnetka Avenue REQUEST: Approval of Preliminary Plat of "Teacher Addition" III . SET DATE FOR INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT APPLICANT: Reinartson � Associates, Inc. � LOCATION: 5800 Duluth Street REQUEST: Approval of a Conditional Use Permit allowing a 4-Story building in a B 8 P 0 Zone District IV. SET DATE FOR INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT APPLICANT: Executive Leasing Corporation LOCATION: 6980 Wayzata Boulevard REQUEST: Approval of a Conditional Use Permit to operate a gasoline service station in an Industrial Zone District. V. SET DATE FOR INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT APPLICANT: Executive Leasing Corporation LOCATION: 6980 Wayzata Boulevard REQUEST: Approval of a Conditional Use Permit to operate a "U-Haul" truck and trailer rental service. • � AGENDA (Cont) VI . SET DATE FOR INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT APPLICANT: Jim Lupient Oldsmobile Co. LOCATION: 7000 Wayzata Boulevard REQUEST: Use permit to operate a car rental business and auto diesel service stalls for Jim Lupient Oldsmobite Co. VII . REQUEST FOR WAIVER OF PLATTING ORDINANCE APPLICANT: Kenneth and Patricia McGowan � Daniel and Colleen Dooley LOCATION: 8815 Etgin Place REQUEST: Permission to rearrange two residential lots by adjusting a common lot line without being � � required to replat. VIII . REPORT ON BZA MEETING - NOVEMBER 10, 1g81 IX REPORT ON HRA MEETING - NOVEMBER 10, 1981 X. REPORT ON CITY COUNCIL MEETING - PJOVEMBER 17, 1981 XI . REPORT ON CITY COUNCIL COMMUNICATIONS SUBCOMMITTEE MEETING WITH PLANNING COMMISSION - NOVEMBER 20, 1981 XII . DISCUSSION OF PROPOSED CITY COUNCIL PROJECTS FOR 1982-83 TERM � Minutes of the Golden Valley Planning Commission • November 9, 1981 A regular meeting of the Planning Commission was held in the Council Chambers of the Civlc Center, 7800 Golden Valley Road, Golden Valtey, MN. Chairman Thompson called the meeting to order at 7:05 p.m. Those present were Commissioners: Eastes, Leppik, Moede, Polachek, Singer and Thompson. Commissioner Forster was not present. Also present were Mike Miller, Director of Planning and Redevelopment and Alda Peikert, Assistant Planner. I .. Approval of Minutes - October 26, 1g81 : It was moved by Commissioner Moede, seconded by Commissioner Eastes and carried • unanimously to approve the minutes of the November g, 1981 Planning Commission meeting as recorded. II . Request for Special Use Permit within a Commercial Zone District (con't) : APPLICANT: Mr. Steve Sussman LOCATION: Springgate Shopping Center • REQUEST: Permtssion to operate coin-operated video games in a Commercial Zone District Chairman Thompson introduced this agenda item, noted that it was a continuation from the last meeting, and reviewed the motion passed at the previous meeting to defer action until the proponent had an opportunity to speak to prospective neighboring merchants at the Springgate Shopping Center and explain his proposal . Copies of a memorandum from the proponent, Mr. Steve Sussman, relating his discus- sions and meetings with merchants at Springgate Shopping Center were distributed to Commissioners. � Commissioner Moede asked whether any communication had been received directly from the tenants at Springgate Shopping Center. Planning and Redevelopment Director Mike Miller replied that the only written communication was the letter from Don Byerly, Byerly Foods, attached to Mr. Sussman's memorandum. Mr. Miller added that the manager of the savings and loan at Springgate Shopping Center had visited him to obtain further information on the proposal and had not expressed any objections to the proposal at the time of his visit. Chairman Thompson called on the proponent, Mr. Steve Sussman, to report to the Commisston on his efforts to inform the Springgate Shopping Center merchants of his proposal , as directed by the Planning Commission at the last meeting. Mr. Sussman reported that he had talked individually to every tenant in the Springgate Shopping Center and had invited all tenants to attend an informational meeting. The information meeting was attended by six of the fifteen tenants. Not one of the tenants attending the informational meeting expressed objections to the . Golden Valley Planning Commission Minutes of November 9, 1981 Page 2 . proposed use moving into the shopping center. One of those attending the meeting said he intended to attend the Planning Commission meeting but was not present. Mr. Sussman observed that the absence of the merchants from the Ptanning Commission meeting illustrated their lack of concern over or objections to his proposal . Mr. Sussman concluded with the observation that the informational meeting had been a very positive one. Commissioner Leppik asked Mr. Sussman whether it would be possible to close his facility at 10:00 p.m. when th� other stores in the shopping center close. Mr. Sussman replied that the majority of the other stores in the shopping center close anytime between 6:00 and 8:30 p.m. Commissioner Leppik questioned whether it would be possible to turn offthe power to the video games at the time the other stores close and whether turning off the power to the games would not be more practicable than use of an ID card system for juveniles. Mr. Sussman replied that his facility would have a separate entrance eliminating necessity to coordinate the closing time with that of other stores, but that it would be physically possible to turn off power to the video games at a specified time if such action becomes necessary in order to deal with future problems. Mr. Sussman added that he felt it would be unfair to adults using the games to turn off the pawer at curfew rather than using an ID card system for juveniles. Mr. Sussman reported that experience with video games has shawn that the cli-entele is 30 percent adults. Commissioner Leppik asked whether there had been concern expressed by merchants in the shopping center over the fact that the proposed . special use would be opened later than the other stores. Mr. Sussman replied that there had been no concern expressed. Commissioner Singer asked whether the proponents were prepared to continue in business at Springgate Shopping Center in the event the special use permit for the video games should be rescinded due to future problems. Mr..Sussman replied that the video center would be closed if the permit were rescinded and that the remaining portion of the operation could remain opened but would be only half a business. Chairman Thompson reviewed for the Commission the ordinance criteria for granting of a special use permit. Commissioner Eastes added as a general criterion for evaluation of any land use consideration of the health, safety and welfare of the community. Commissioner Moede moved denial of the special use permit requested by Mr. Sussman in the name of the Computer Gametown and Learning Center for the two following reasons: 1 . The existing businesses at the Springgate Shopping Center would be adversely affected by the proposed special use. 2. Approval of the proposed special use would not prort�te good land use in accor- dance with Planning Commission responsibility to the community regarding the pubtic health, safety and general welfare. i Plann(ng Commission Minutes of November 9, 1981 Page 3 • Commissioner Eastes seconded the motion and gave the follo�ing two reasons for supporting the motion: 1 . The proposed special use would require extra police protection. 2. The proposed special use would in fact have a negative impact on the social � environment of the community. Commisstoner Moede requested that her motion be arr�nded to include the two points made by Commissioner Eastes. Chairman Thompson asked for discussion on the motion. - Commissioner Leppik spoke against the motion, expressing the opinion that the proponent should be given an opportunity to try his operation with stringent limitations such as specification of hours more compatible with those of the rest of the Springgate Shopping Center. Chairman Thompson spoke against the motion, stating that he was not convinced that the proposed special use would be a detriment to the community based on the reasons cited in the motion. Chairman Thompson called for the vote, and the motion was passed by a vote of • four to two. Commtssl,oners Leppik and Thompson voted against the motion. III. Report on City Council Meeting - November 4, 1981 - Dave Thompson Chairman Thompson gave a report on the City Council meeting of November 4, 1981 • Agenda items of concern to the Planning Commission included the following: l . Public hearing on rezoning of 6835 Sandburg Lane to the Two Family (R-2) Residential Zoning District. 2. Public hearing on PUD #32 and deferral of action to December 1 , 1981 to reach agreement on provision for a street construction feasibility study. Any change in the PUD general plan of development resulting from street construction will require a return to the Planning Commission. Commissioner Singer left the meeting. 3. Public hearing on rezoning of City owned property at 801 Ottawa Avenue North. 4. Public hearing on Conditional Use Permit for Weight Lifting Studio at 670 Mendelssohn, which will be approved by ordinance requiring two readings before the Council . � • Planning Commission Minutes of November 9, 1981 Page 4 5. Letter from the Minnesota Department of Transportation regarding installation of a traffic signal at Highway 55 and Meadow Lane, explaining that signalization of the intersection is rated 43rd in priority out of 73 signalization projects in the district. Installation by the state could not be expected before 1985, and earlier installation would require City Council action to fund the project. The City Council did not take action to fund the signal construction, and it is assumed that signalization will take place according to the State time schedule. 6. Approval of City participation in the Section 8 Moderate Housing Rehabilitation Program administered by the Metro HRA. No City money is involved in program parttcipation. 7. Communications Subcommittee suggestion for a neighborhood oriented newsletter. Commissioner Moede expressed the opinion that the newsletter should be a Citywide publication, and Chairman Thompson agreed with this opinion. 8. Letter from Rhoda Jaffe requesting City Council appointment of an Advisory Commi.ssion on Traffic Control and Safety for the City of Golden Valley, resulting from concern over traffic problems in the vicinity of Pennsylvania Avenue South and Ridgeway Road. Chairman Thompson has been notified by the Mayor that the City Council is considering designation of the Planning Com- . mission to serve in the capacity of Advisory Commission on Traffic Control and Safety and that the proposed designation will be further discussed at the Communications Subcommittee meeting scheduled for November 20, 1981 • Chairman Thompson requested that Commissioner Leppik be available to take the place of Commissioner Singer on the Subcommittee due to the fact that Commissioner Leppik lives in the neighborhood in question. IV. Review of Draft Letter from Chairman to City Council regarding Study of Recreational Land Use Chairman Thompson reported that he did not draft a letter because the Open Space and Recreation Commission and City Council both are already moving ahead in this effort, as evidenced by the following two communications: l . A memorandum from the Open Space and Recreation Commission to the City Council , subject "Considering Changes in Use and Facilities in Existing Parks," dated October 30, 1981 , which lists criteria for changing the uses in parks. 2. A memorandum from a City Councit subcommittee consisting of Councilmembers Johnson and Anderson, subject "Proposed Charge and Team Sports Facilities," dated October 23, 1981 , proposing the following: An inventory of City owned and other facilities in Golden Valley available for team sports, a program inventory, provision for future planning, and definition of the City's role and responsibility in the future. • s Planning Commission Minutes of November 9, 1g81 Page 5 • Commissioner Eastes suggested that the Planning Commission review progress tn this effort at the time the Commission begins the next Comprehensive Plan update and if not satisfied send a memorandum to the Open Space and Recreation Commission at that time to advise them of Planning Commission concerns. Chairman Thompson concluded with the suggestion that the Planning Commission defer the matter to see what action the City Council takes on the two communications already directed to them on this subject. The Planning Commission concurred with the suggestion that this agenda item be deferred. The meeting was adjourned at 7:45 P.M. Respectfully submitted, � David Thompson, Chairman Mona Moede, Secretary • • T0: GOLDEN VALLEY PLANNING COMMISStON FROM: MIKE MILLER, PLANNING � REDEVELOPMENT COORDINATOR SUBJECT: SET DATE FOR INFORMAL PUBLIC HEARING - PRELIMINARY PLAT OF "TEACHER ADDITION" DATE: DECEMBER 9, 1981 TACO BELL, Westmont, Illinois wishes to subdivide one (1) cor�nercial lot into two commercial lots at 2480 Winnetka Avenue. The proponent has properly submitted a preliminary plat and is requesting an informal public hearing on the matter. I. would recommend that the Planning Commission set the date of Monday, January 11 , 1g82 at 7:00 P.M. for an informal public hearing on the Preliminary Plat of "Teacher Addition". � MHM:kjm • � T0: GOLDEN VALLEY PLANNING COMMISSION FROM: MIKE MILLER, PLANNING � REDEVELOPMENT COORDINATOR SUBJECT: SET DATE FOR INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT - 5800 DULUTH STREET DATE: DECEMBER 9, 1981 Mark Reinartson � Associates, Robbinsdale, propose to erect a four (4) story office building at the above listed street address, which is zoned Business � Professional Office (B�PO) . According to the revised B & PO Zoning District, any structure in excess of three (3) stories requires a Conditional Use Permit. An informal public hearing must be set by the Planning Commission to review this matter. I would suggest that the Planning Commission consider December 2�, 1981 as a possible date for such an informa] public hearing. � MHM:kj m � �N • t � City of Golden Valley November 5, 1981 Mr. Mark Reinertson Mark ReTnertson � Associates 3735 North Highway 52 Robbinsdale, MN 55422 Dea r Ma rk: This letter is to advise you as to the process which you must follow relative to obtaining approval for industrial revenue bond financing. You appeared before the Tax-exempt Financing Committee on October.29• The Tax-exempt Financing Committee recommended to the Council that = they call a public hearing regarding issuance of an industrial revenue � bond for your pro,ject. Pursuant to the resolution adopted by the City Council , you must now obtain all necessary approvals prior to review by the Building Board of RevTew or your pro,ject. Your proJect will require a conditional , use permit. Therefore, you must obtain final Council approval of the conditfonal use ermit rior to the request for industrial revenue bond nancing being submitted to the City Counc . Once t at has been completed, you� application and the minutes of the Tax-exempt Financing Committee wTll be placed on the Council agenda. The City Council reserves sole discretion as to whether to call a public hearing or grant industrial revenue bond financing. They wilt make that determination only after you have obtained all the other necessary approvals. Sincerely J f Sw et City Manager JS/t,js cc: Mike Miller � Civic Center,7800 Golden Valley Rd.,Golden Vailey Minnesota,55427, (612) 545-3781 ����, � T0: GOLDEN VALLEY PLANNING COMMISSION FROM: MIKE MILLER, PLANNING E REDEVELOPMENT COORDINATOR SUBJECT: REQUEST FOR CONDITIONAL USE PERMIT TO OPERATE A GASOLINE SERVICE STATION DATE: DECEMBER 9, 1981 Executive Leasing Corporation, Golden Valley, is requesting a Conditionat Use Permit to locate and operate a gasoline service station in an Industrial Zone District, located in the Northeast Quadrant of the � intersection of Louisiana Avenue and T.fi. 12 (Wayzata Boulevard) , at 6g80 Wayzata Boulevard. This site is presently the location of the Jim Lupient Rent-a-Car Agency. The proponent presently leases and operates the Shell Service Station directly across the street on the west side of Louisiana Avenue. This station is scheduled to be closed by Shell Oil Company very soon. According to the ordinance governing Conditional Use Permits, the Planning Commission must now set a date for an informal public hearing on this matter. I would suggest that the Planning Commission set the date of December 28, 1981 for an Informal Public Hearing on this Conditional Use Permit. � MHM:kjm � • T0: GOLDEN VALLEY PLANNING COMMISSION FROM: MIKE MILLER, PLANNING � REDEVELOPMENT COORDINATOR SUBJECT: REQUEST FOR CONDITIONAL USE PERMIT TO OPERATE A U-HAUL TRUCK AND TRAILER RENTAL FACILITY DATE: DECEMBER 9, 1981 Executive Leasing Corporation, Golden Valley, is seeking a Conditional Use Permit to allow operation of a U-Haul Truck and Trailer Rental agency in an Industrial Zone District at 6g80 Wayzata Boulevard. This activity would be carried out in conjunction with the operation of a gasoline service station. The Planning Commission must now set a date for an informal public hearing on this matter. I would suggest that the Planning Commission set December 28,. 1981 as the date for an informal public hearing on the above mentioned Conditional Use Permit. � MHM:kjm • � T0: GOLDEN VALLEY PLANNING COMMISSION FROM: MIKE MILLER, PLANNING AND REDEVELOPMENT COORDINATOR SUBJECT: REQUEST FOR CONDITIONAL USE PERMIT TO OPERATE A CAR RENTAL � DIESEL SERVICE FACILITY IN AN INDUSTRIAL ZONE DISTRICT DATE: DECEMBER 9, 1981 Jim Lupient Oldsmobile Company, Golden Valley, is seeking a Conditional Use Permit to allow operation of an automobile rental agency and auto diesel repair service in an Industrial Zone District located at 7000 Wayzata Boulevard. This request is related to the previous two Conditional Use Requests by Executive Leasing Corporation, and therefore should be reviewed at an informal public hearing on the same date. I would suggest that the Planning Commission set December 28, 1981 as the date for an informal hearing on the above mentioned Conditional Use Permit. • MHM:kjm . � T0: GOLDEN VALLEY PLANNING COMMISSION DATE: NOVEMBER 18, 1981 FROM: ALDA PEIKERT, ASSISTANT PLANNER SUBJECT: REQUEST FOR WAIVER OF THE PLATTING ORDINANCE - 8815/8824 ELGIN PLACE The proponents, Daniel and Colleen Dooley and Kenneth and Patricia McGowan, request a waiver of the platting ordinance to allow adjustment of the lot line between their homes located at 8815 and 8825 Elgin Place, platted Lots 8 and g respectively of Block 8, Medley Hills. The purpose of the proposed lot line adjustment is to allow additional back yard space for construction of a swimming pool on the Dooley property, Lot 8 at 8815 Elgin Place. A building permit was issued on October 20, 1981 for construction of the swimming pool , based on a site plan submitted by the applicants, Daniel and Colleen Dooley, which showed the pool location well within the required setbacks from side and rear lot lines of their property. Actual construction of the pool was undertaken at a location different from that indicated on the application, reportedly in order to preserve an existing tree and due to a change in preference on the part of the applicants. The change in location placed the swimming pool over the side lot line on the west side of the property. � The Dooleys and their neighbors to the west, the McGowans, assumed the property line between their back yards to be approximately 15 feet to the west of the actual line at the rear property line. The two families maintained their lawns and placed two temporary metat sheds as if the lot tine were between the two metal sheds shown on the attached survey. The Dooleys altered placement of their swimming pool based on the required setbacks from the assumed lot line. The City Buitding Inspector, upon inspection of the initial pool construction, issued a stop work order. The stop work order resulted in the attached Letter of Commftment from the Dooleys, under which pool construction was completed with the stipulation that the owners would rtave the pool at their own expense, without liability on the part of the City, should a lot line adjustment be disallowed. At the same time, the Dooleys, with the concurrence of their neighbors to the west, the McGowans, applied for a waiver of the City platting ordinance to allow adjustment of the lot line to bring the pool location into compliance with City setback requirements. The City Building Inspector reports that pool construction is substantially complete at this time. The proposed lot division/lot consolidation provides for transfer of a triangular parcel of land from the front yard of 8815 Elgin, Parcel A on the attached survey, to 8825 Elgin, with transfer of a t.riangular parcel of exactly equal size from the back yard of 8825 Elgin, Parcel B, to 8815 Elgin. This places the lot line between the two back yards closer to the line the neighbors have mistakenly been using and allows minimum requlred side yard setback to the pool already constructed. � Golden Valley Planning Commission -2- November 18, 1981 � RE: Request for Waiver of the Platting Ordinance - 8815/8824 Elgin Place The two lots created by the proposed lot line adjustment meet current lot size, width and dwelling setback requirements. The proposed lot line adJustment does not alter the area of either lot as the two triangular parcets to be exchanged are identical in size. The lot width of each lot at the building setback line ls currently 100 feet, and this will change to approximately 95 feet for 8$15 Elgtn and 105 feet for 8825 Elgin. The reduced lot width of 8815 Elgin exceeds the 80 foot requirement in the recently amended Residential Section of the City Zoning Ordinance. Side yard setbacks from the lot line to the houses following the proposed adjustment would be 19.32 feet for 8815 Elgin and 25.77 feet for 8825 Elgin, which exceed the 15 foot requirement for lots 100 feet or mare in width and the 15 percent of lot width requirement for lots 70 to 100 feet in wtdth. City requirements for location of outside pools specify a minimum distance of 10 feet from pool to house and minimum distance of 5 feet from pool including aprons to side and rear property lines. The pool , excluding the apron, is the minimum 10 foot distance from the house, and the apron is the minimum 5 foot distance from the proposed side lot line. The setback from the rear lot line is inadequate. The 3 foot apron around the pool is 4.16 feet from the rear lot line rather than the. required 5 feet. The Building Inspector explains that the primary purpose of the 5 foot setback is provision for the standard 5 foot utility and drainage easement required along rear property lines on plats. The � plat of Medley Hills actually provides for a 6 foot utility and drainage easement along the subject rear property line. The pool and apron, as built, should be allowed to remain only with the understanding that portions of the apron protruding into the 6 foot utility and drainage easement are subject to removal at the discretion of the City. The two metal sheds indicated on the survey, which belong one to 8815 Elgin and the other to 8825 Elgin, require relocation to positions on the respective lots outside the 6 foot utility and drainage easement along rear property iines. Movable storage buildings less than 1000 square feet in size are considered temporary structures not subject to setback requirements applicable to accessory buildings, but temporary structures may not be located on utility and drainage easerr�ents. Staff suggests that the Planning Commission recommend City Council approval of the request for a waiver of the platting ordinance to allow adjustment of the ]ot line between 8$15 Elgin Place and 8825 Elgin Place as proposed by Daniel and Colleen Dooley and Kenneth and Patricia McGowan based on findings that the two resulting residential lots with existing dwellings would comply with City Zoning Ordinance lot size, lot width and side yard setback requirements. The recommendation for approval should be conditional on the following: 1 . Removal of that portion of the pool apron wlthin the 6 foot utility and drainage easement at any time directed by either the City Engineering Department or the City Inspection Department. � 2. Relocation of the two metal sheds in the two respective yards outside of the 6 foot utility and drainage easement along the rear property lines. Attachments: l . Site Location Map 2. Survey 3• Letter of Commitment _ + � i7323 �L. � 4 u� °s. 1,11 Blj. o M ���.. � _� w"��I �.. •��� ,a _.n-..i,�; •l�. 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L �9 C� 81 C • � � " _._. � '� ' __ � LETTER OF CONII+IITMENT • ' The undersiqned, Daniel and Colleen Dooley ("Landowners") and Pacific Pool and patio ("Contractor") hereby make the following Commitment to and agreement with the City of Golden Valley, Minnesota. WHEREAS, the Landowners own a residence in the City of Golden Valley, legally described as Lot 8, Block 8, Medley Hills Addition according to the recorded plat thereof, Hennepin County, Minnesota, and the Contractor is presently constructing a swimming pool for the Landowners on said propertyi WHEREAS, because of a mistake as to the actual location of the westerly boundary of the Landowners' property, the Landowners and Contractor have commenced construction of the swimming pool over and across the westerly boundary of said property, and the City of Golden Valley, upon learning that a �wiauaing gool was being so constructed, halted construction of the swimming pnol; WHEREAS, the Landowners have obtained the agreement of their • neighbors on the westerly boundary of their property, Renneth and Patricia McGowan, to trade a triangular portion of the northwesterly corner of the Landowners' property for a triangular portion, of equal square footage, in the southeasterly corner of the McGowan property, so that the swimming pool, when constructed as now planned, will be ' situated on the Landowners' property and be in conformance with set-back requirements of the City of Golden Valley, and the Landowners and Mr. and Mrs. McGowan have executed Quit Claim Deeds to that effect dated October 29, 1981j WHEREAS, it will be necessary for the Landownera to proceed with a Request for Waiver of tihe Platting Ordinance of the City of Golden Valley so as to be able to record the aforesaid Qnit Claim Deeds, which process ia estimated to take approximatley ninety (90) days, but the Landowners and Contractor are desirous of proceeding iannediately with the construction of the swimmiag pool so as to minimize costs of same and to eliminate the potential hazard that would be created by leaving the construction of the swimming pool in its present condition � � '�, '�"g 1 - . until such time as the waiver of the Platting Ordinance has been • obtained aad the aforesaid Quit Claim Deeds recorded. NOW, T�REFORE,_ IN ORDER to induce the City of Golden Valley to allow the Landowners and the Contractor to proceed inanediately with the constructioa of the aforesaid ewim¢�►ing pool, and in conaideration for same, the Landowners and the Contractor, jointly and severly, hereby coimait to the City of Golden Valley, and agree with the City of Golden Valley that, if the City of Golden Valley will allow the Landowners and Contractor to proceed immediately with the construction of the ewimr.►ing pool as presently proposed, the Landowners will proceed with their Request for Waiver of the Platting Ordinance so as to be able to record the aforesaid Quit Claim Deeda, and the Landowners and the Contractor will, in the event that such waiver is aot granted, or the Quit Claim Deeds cannot be recorded, agree that they will reconstruct the said swi�mning pool on the Landowners' lot as presently delineated on the City of Golden Valley's plats, in confoxmity with all applicable zoning - ordinances and requirements, at their own cost and expense, and without any cost or expense to the City of Golden Valley. The Landowners and � Contractor further agree to hold the City of Golden Valley harmless from, and indennify the City of Golden Valley with respect to, any and all costs and expenses incurred by the City of Golden Valley because of, or as a result of, the City of Golden Valley allowing the construc- tion of the swi�ning pool to proceed, save and except such costs and expenses that the City of Golden Valley would routinely incur in normally inspecting such construction and handl3ng such a Request for t+laiver of the Platting Ordinance. IN WITNESS WHEREOF, the undersigned have executed this Letter of Commitment this � day of November, 1981. s Dan e P. Doo ey �t�� 7Yl � Colleen M. Doo ey PA IC POOL AND PATIO O 8 � Its �