10-10-63 PC Minutes �: v�'_
i�GULAR "�I�ETI?�1G
of the
GOLDEPd VALL£;Y PLA"�'I+1Ix1G COi'i��SSIOPI
October 10, 1963
A regular mePtinF of the Golden Valley Planning Commission was held on Thursday,
October 10, 1963 at 7:30 P.l�. at the Civic Center, 7300 Golden Valley Road,
Golr?en Valley, ''�Iinnesota. President Brown presided and the fol.lowing members
were present: Bedwell, Discher, Loughland, �augland, Shinder, Senstad, Straw, and
Velz. Absent members were: Bromschwig, Hetman, Jensen, Lynch, Pennock, and Van
Hauer. Also present were �on Sorensen, Village Engineer, Bruce Paterson,
Engineering Department, Dan L,ynch, Buildin� Inspector, Roger Feterson, Villa�e
Attorney, and Roy Terwilliger, Administrative Assistant and Secretary.
A motion was carried to approve the minutes of September 12, 1963 as mailed.
PLATS
Sbruce Second Addition - Fred iiJines
Plat Cor�mittee Chairman Senstad gave the followin� report:
"The Plat Com��ittee met at the site of the proposed addition with P�r. �3ob i�ughes,
the representative of the aoplicant.
The aoplication calls for a plat of seven lots and one outlot. All lots meet
area. requirements and �ront on �. proposed cul-de-sac, Bassett Creek Lane. Due
to toz�ographic conditions the possibility- of extend�ng Bassett Creek Drive
throu�h the olat would not be practical, and oublic access for the future
develo�ment of the outlot would be on Lee Avenue. ,
The �lat Uras accept able to the Comr�ittee members present. The only real
problem which seems to exist is the future road �aattern to be developed on Lee
Avenue. The administrative staff was asked to attempt to resolve the street
pa.ttern in the area ti�rith the property �wners concerned."
The Villa�e Fngineer,, Don Sorensen, expressed the desires of the Village
En�ineerin� Staff to have the extension of Lee Avenue from Bassett Creek Drive to
�Ierribee Drive compl�ted at the same time the plat is finished. Mr. Sorensen
also showed a proposed extension of �e �venue and stated that the proposed
ali�nment ti,ras subject �to change s�nce there had not been an actual survey to
locate the ho�~!es in I��erribee Hills a,ffected bv the proposed road.
The representative of i�7r, ��Jines, Nir. Bob Hu�hes, was present and expressed his desire
to develop the pronosed �lat. He questioned the necessit,y of havin� to develop
Lee Avenue at the sarie time since the oresent plan calls for leaving an outl.ot on Lee
Avenue
Mr. Flmer Crowl, the developer of Merribee ��ills and Merribee Hills First,
Second and Third Adclitions, was �resent and stated his feelings on the
extension of Lee Avenue. He stated that he would go alang with the Uillage
F�ngineer on the development of the road.
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R.e�ular Meeting of the Golden Valley Planning Commission� Oct. 10, 1963
:�'ollowin� this discussion, it was moved by Loughland, seconded by Senstad and
carried unani.nously to defer action on the Plat until the details could be worked out
between the parties concerned for the building of Lee Avenue.
ZOTIING
A) h705 Olson Memorial Highway - Apostolic Lutheran Church
This ma.tter had been deferred from the September 12, 1963 meeting. At this time
Chairman Brown asked the Secretar,y to read the m�nutes of the previous action.
F?ollowin� this Chairman Velz �;ave the following report;
"The request is for rezoning of the parcel f.rom Residential to Institutional,
allowing the Apostolic Lutheran Church to construct a church and parsona�e at
this location.
The 7oning Cor��ittee feels the best usage f_or this land is t�esidential. It
is presently zoned as such, and an at.tempt is being made to create an entire
residential co�nplex in this a.rea. To inject an Instit�.ztional Zone <�t this
oarticular ooint r�?ould severe�y hamper this development since the Residential
area is oresently encircled with other institutions. The Committee therefore
reco:nmends denial of this request."
In ad_dition to the abave items, Chairman Velz pointed out that additional
thought and concern had been frlt by the Committee concerning other problems
which would also affect the rezoning petition. _
, Very definite traffic problems and hazards detrimental to the health and welfare of
the Village are believed to exist in this area. Construction of the church at the
proposed location would necessitate the tw�nty-five lots set forth in an
En�;ineering Street Pattern Report of Maxch 10, 1960 to have but one st�eet
for ingress and egress to the Residential development. If the area proposed for
Institutional rezoning is left for Residential development, there vlould be
two streets for thirty-two lots 1•rhich would alleviate the traffic problems a
great deal.
The use of the prope�t,y in auestion for a church would caues a concentration of '
traffic on streets not designed to handle it.
Long range ;�Tinnesota Highwa�r '�epartment r�lans indicate a nossible closure of
the acess to T.H. 55 at Glenwood Avenue which would force all traific to the
junction of Douglas Drive and T.H.55.'�
Mr. Cs.E. Brill, Attorney for the Apostolic Church, appeared on behalf of his
client. He stated that the law clearl,y sa,ys tha.t a nunicioality has no right
to zone a�;ainst a church. If there is a traffic problem, the Village can
condemn land for road ourposes. Mr. Brill stated further that the property
was pc�rchasF=�d when the land ti,�as in Open Development. As for traffic� it
would be confined mostiv to Sundays with approximately 100 to 125 caxs
involved with church services. T�1r. Brill also stated that he had advised
his client that it was unfair, unconstitutional, ��.nd unjust for the Village
to den.y this request.
�.everend Kenneth B. Hendrickson, Pastor of the church, stated that he felt
no area reallv wan.ted a church and tt�=t he felt the,y had not received just .
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Re�ular Meeting of the Golden Valley Planning Commission,, Oct. 10, 1963
and fair consideration for their application. The land had been purchased
on a. contract for deed inthe fall of 1960 and the title to the land was
not ful]Tytheirs. He also stated that he was somewhat atiaare of the proposed
Residential plans for the area but felt that this could be changed. At this
time, their oresent structure is located at 5th and Pdewton in �Iinneapolis
and se rves the entire Metropolitan area since it is the only Lutheran
Church ot' its particular Synod in this immediate area. This nresent structure
is not adeauate for their growing congre�ation stated Pastor Hendrickson
and. to buy land in the area in which -�hey are presentiv located would be
economically unfeasible,
At �.his time it was p�inted out by Mr. Velz that there were other areas
in the Village in which the church could locate.
Chairman Brown then stated t'nat there was a church in the Village which
was presently attempting to sell their structure. He then asked Pastor
Hendrickson if they h�d attempted to work out an agreement.
Pastor Hendrickson stated that they had looked at the building referred to
bv Chairman Brown but felt that it was inadequate.
Several area residents were nresent and exoressed their displeasure at
rezoning from Residential to Tnstitutional. They were concerned about
area tra.ffic and had purchased in rTestchester Addition because it was a nice�
quiet nei�hborhood.
Village Engzneer, Don Sorensen, then p nted out the danger to the healtn
and welfare of the area with cnlv ane street to serve it. In the case of
utilit,y trouble, adequate emergency ingress and egress would not exist.
Following a len�ht.y discuss�c�n� it was pointed out that Planning Commission
members shoald consider the action �urther. �t �his time it was moved by
Loughland, seconded by �enstad and carried unanimously to defer action on this
matter until the l�iovember meeting of the Planning Com,��ission.
B) �700 Duluth Street - T�2obi1 Oil Gompany
Chairma.n Velz �ave the followin� report:
"The request is for rezoning of this p:�.rcel, Tract C of t�,egistered Land Survey
No. 331, from ���altiple TJwelling to Cor�:nercial which taould allow construction
of a ;asoline filling sta.tion by the aoplicant,
This oetition calls �or zonin�; of this single tract of land along the new County
?ii�hway 56. It abpears to the Comznittee that the zonin� of this particular
tract without also consider�n�, Tracts A and B would not be consistent with
good plannin�. It was further discussed that if all three parcels were
considered as one entire proposal, zoning of this entire area Commercial would
extend the Commercial zone farther to the ;dest on the North s�:de of County
Hi�hT,aay 66 than the presently zoned Commercial area on the South side of the
same hightiaay. The �ossibility of a traffic hazard developin� due to the
Commercial development on both sides of the hi�hway was pointed up as un-
desirable, and it �.,ras felt that thought should be �iven to elimination of any�
unsafe conditions. The Comrd.ttee in recognizing these f actors therefore recom-
mends denial to this request.
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Regular T�Ieeting of the Golden Valley Planning commission, Oct. lo, 1963
The Committee also felt that the land mi�;ht best possibly be used as Light
Industrial.'�
T�Ir. Leonard Wahlberg of Mobil Oil Company app�;�d for the applicant and P�'ir.
Fd T�doody, the owner of the land in question, appeared with several questions
and explanations. After due consideration, it was moved by Discher, seconded
by �3edwe1l, and carried unanimously to accept the report of the Committee
and recom�end denial to this request.
C) Co. 6fi and Douglas Drive - DeMac, Inc.
Cha.irman Velz gave the following report:
"This request is for Business and Professional Offices, Commercial and T�Iultiple
ThJellin� on the property located at Douglas Drive and County Highway 66. Rezoning
as such would al�ow the ap��licant to construct a medical clinic, �;asoline
filling station and 1�4 unit apartment building.
The applicants were present at the Comrnittee meetin� with their original
pr000s al and discussed at len�;ht various su�gested changes to their original
proposal. They a�reed to present to the l�dministrative st aff lor review prior
to the regular Planning Commission meeting a revised plan. It was pointed out
that any development of this �.rea should be such that it would not detract from
the residential character of the area immediately adjacent.
The Comrnitt�e : did not recommend either apnroval or d�nial oending resubmission
of the plan. It was the feeling of the Comnittee, however, that the proposal
was a ver,y workable one and pending certain modifacations quite acceptable.'�
The r�roponent was present and ha.d presented earlier in the week a rev�sad plan
to the Administrative staff. It was pointed out at this time by the Secretary
that the qlan met all r�quirements of' the ordina.nce on s�tbacks, etc.
Followin� discussion, it was :ZOVed by Straw and s:::conded by Shinder to take
action on the revised proposal at this �articular time. i2otion carried with
l�ischer vot�n� no.
Since the Pla.nning Comrnission had not had sufficient time to study the proposal
in detail, the ac�nlicant, TZr. Orville De�'��es of DeT��Tac� Inc., stated that it
would be satisfactor�r tiaith hiri to defer action pending further study. Chairman
Brown at this ti:1e asked that the 7,oning Committee again stud,y the proposal and
reoort back at the next Commission meeting.
ORDIT�1At`dCE ��JAIV�RS
4) 3502 I�Zanor Drive - Donald �d. Rowe
Vice-President Rau�land �;ave the following report:
'�This aonlica.tinn was referred back to the Committee at the September 12
meeting after the anpli_cant agreed to pres:-�nt a new proposal that would be
more in conformance with the ordinance.
. f.
The house a.s located on t,he corner �ot is set back 25 feet from ��Ianor l�rive.
The �omriittee was of the opinion that 't�is setback could be continued
�_��,�.
parallel with the front ��nd side lot 1-ine �.nd alon�; the radius of the
corner and allow am�ole room for the proposed construction. The rear yard
setback bei ,g combuted at 11 feet was also established as a rear Iimit for
saicl ccnstruction.
The aaplicant having revised his plans to fit the proposed structure within
these confines has complied with the Committee request. The Committee there-
fore is of the oninion that the 2� foot setba.ck as establi.shed a.nd indicated
on the �lot r?lan wo �ld be a reasonable and fair solution �o the problem of this
corner lot and therefore recommends approval of this request.'�
Followirg a short discussion, it �ras mov�d by Shinder, seconded by BPdwell �nd
carried unaimously to accept the Comrni.ttee report and recommend ar�orotiTal.
B) 1617 Xerxes Avenue - Fcx - i�andel
�Tice-Pr�sident P�augland gave the followir�g report:
"This request is for a waiver of Sec. 3.11 Yard Require:nents.
This house was built in 1y�9 and was mistakenly constructed unon land that
wa.s not owned b,y the a�plicants. `J'he house was olaced on a site comprising
Lot 5 and 13.33 feet of Lot �., totaling 68± feet. However, the Bassin house
to the north is located in Lot 5 and 25 feet of Lot 5. The latter 25 feet was
assumed�' be awned by the applicants. Li�igation has been in process since
1959, and the situation now co�nes before the Co:nrnittee and Commission taith a
possible solution. The original proposal was that the owner to the north�
rnxs. Passin, would sell 1B feet of the 25 feet of Lot 5 that is owned by her
which would �ut the lot line alon� the edge of the Fox-Mandel house. A
aermanent easement for in�ress and egress would then be provided on the north
side of the Fox-Mandel house. This proposal was entirel�r inacceptable to the
Committee and following prolonged discussion and mediation the representative
of r2rs. �3assin agreed to sell the 25 feet to the Fox-Mandel interests which
tiaoizld loca.te the lot line a.s on the original pla,t and put the Fo�-I�Iandel house
in conformance, iTowever, this crea.tes a non-conformance of 7.75 feet on the
soutn side of' the Bassin house.
The Comri�ttee is of the opinion that this is the best possible solution to the
problem. Therefore, the Com�nittee reco:nmends that a waiver of 7.75 feet on
the south side be granted to the Bassin interests and that the lot line between
lots > and 6 be res-tored to its original. location.'�
�o1_lowing due consideration, it was moved by Senstad, s��conded by Discher, and
carried to accept the Comm_ttee reeort and reco�nmend aoproval to the request.
Bedwell �ras op�osed. �
C) 3636 Gett;rsburg - I.T, Nlaus
Vice-Presidc�nt Raugland �;a.ve the follot�ing rebort:
"Reauest is for a waiver of Sec. 3.11 (Yard Requ�.rements) to a 22 foot setback
frorn Idaper Street �n Lot 20, �31ock 10, Lakeview :-Ieights.
The Com>nittee revietired all past action in Lakevieti�r Heights in re].ation to _
these substand<n d corner l�ts and foun� that in June, 1961� action ti,ras taken
establishing a setback of 22 feet a,t 9345 iJaper Street and at that time it
was deemed fa�r and equitable in order to per:nit construction of a house of
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Regular I�leetin� of the �olden Valley Planning Commission, Oct. 10� 1963
substarfi,ial value.
After hearin� the report and discussion, it was moved by Loughland, seconded
b,y '�edwell, and carried unanimousl�r to accept the report of the Committee
and recommend approval.
GE�TERAL �
A) T�ultiple l�welling Ordinance
Chairman Brown asked the Secretary to read the report of the joint Ordinance-
Long Ran�e Committees. The Secretary Efave the following report:
'�A meetin�; was held September I9 at t�r:zich time the proposed revision was
a�ain discussed. Certain recommendations pertainin�; to the Builciir,g Code
were questioned a:s to why t'ney had fai�:ed to aodear on the Council Agenda.
It wa� requested that the Building Inspector, Dan Lynch, be present at the next
meeting for further discussion of the Building Code.
� Discussion �ras centered around the possibilit,y of high-rise apartments and
their benefits. The need for such type dVaeiling was questioned, and it
was su�gested that the :4dministrative staff conduct a studv. This study
bein�; to determine such items as traffic counts, mumber of apartments needed�
per capita income, number of children in apartments and the economics of two,
three, and higher stor.y a:partment ciwei.lin�;s.
The Commi�tee is taking this matter under further study and recorimends
continuance on the item to the November Planning Corirnission agenda:'
The matter was placed on the agenda for November.
B) Institutional Zoning Code
The Secretary �;ave the following renort:
'�At the request of the Administrative staff of the Village, this Committee
has taken into consideration the revision of the Institutional 7oning
Code in order to clarif,y the uses permitted in this zone. The following is
a d.raft of the breakdown as recommended by this Committee for consideration
of the Commission.
I - l: Churches
Schools - public and parochial
I - 2: Public and Private Libraries
Colleges, seminaries and other non-profit
institutes of learning.
Hospitals, Rest Homes, Clinics and other
buildin�s incidental to the operation
of hospitals and rest homes.
Pa.rks, public recreation buildings and areas,
play�;rounds and museums.
I - 3= Country Clubs and Club �Trounds, excepting
those carried on a.s a business such as
li.�
r�iniatare �olf or a oublic bowling alley,
Golf courses
Polo Fields
Such other uses which , in the opinion of
the Vi1lag;e Council, are compatabile ti�ith
the uses specifically described above."
Village Attorney Roger Peterson discussed this proposed ordinance with the
Corimission. .�fter a lenffthy discussion, Chairman Brown asked iZr. Peterson
to study the proposal and place necessar�r action to be taken upon adoption
in a, letter to the Comn`ttee Chairmen.
There being no further business to transact, a.n a.djourn��ent motion was
made, secondPd, and carried unanimously at 11:15 P.P��.
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_�.� 'lliger, Se etar�r
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��tie Brqwn, Pr ident �
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