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05-14-64 PC Minutes 1����+� REGULAR MEETING of the GOLDEN VALLEY PLANNING COMMISSION May 14, 1964 A regular meeting of the Goiden Vatley Pianning Commission was held on Thursday, May 14, 1964 at 7 :30 p.m, at the Civic Center , 7800 Golden Va11cy Road, Gotden Valley, Minnesota. President Brown pre- sided and the following members were present: Pennock, Raugland, Bromschwig, Ve1z, Hetman, Van Hauer, Senstad, Bedwell , Jensen, Shinder and �.ynch, Absent members were �oughland, Straw and Discher. Also present w�re Dor�ald Sorensen, Village Engineer; Robert Skare, Village Attorney; Dan Lynch, Building Insp�ctor and Acting Secretary, Thomas Snetsinger . It was moved by Hetman, seconded by Bromschwig to approve the minutes April 16, 1964 as mail�d, subject to the fol1owing corrections : a) Page 3, Item C, last paragraph; "Motion carried to recommend approval of the rezoning request . �� = b) Page 4, It�m D, last paragraph; ��Motion carried to recommend denial of the zoning request. �� c) Page 6, It�m A, last paragraph; ��Motion carried to recommend for Ordinance Waiver .�� d) Page 7, Itern D, last paragraph; ��Motion to recommend approval of Ordinance Waiver failed, 5 ayes and 7 nayes . e) Page 9, Item B, last para raph; ��Motion to deny request carried with one ( 1 ) no vote and one �1 ) member abstaining, !! It was moved by Pennock, seconded by Hetman to approve the minutes of the Special Meeting of Apri1 30, 1964 as mailed, subject to the following corrections : a) In those locations designated in the Staff Report (dated 4/9/64� where the Staff recomm�nded no action because of possible future flood plain zoning, the Committee action and Commission action is to place this property in I-4 Zoning. b) The Commission wishes to indicate that both the Church of the ' Latter Day Saints and the Valley View Rest Home will be nonconforming uses . PLATS A) Medley Hills - Elmo Ginkel Committee Chairman Bedwell read the following Committe� report : �'This parcel has 12 lots and 1 outlot . All `��have sufficient area. Medley Lane is extended to s�rve unplatted land to the West. A - temporary turnaround on the West end of Medley Lane would be recog- nized until unplatted land develops . No setback waivers due to temporary turnaround, The Committee unanimously recommends approval of this p1at . t' � .�`'''� `� V;�. Regular Meeting of the G. V . Planning Commission, 5/14/64 Mr , Elmo Gink�l was present to answer questions . It was moved by Van Hauer , seconded by Jensen and unanimousty carried to accept the committee report and recommend to the Councit approval of the Plat of Medley Hills 2nd Addition, B) SPRUCE 3rd ADDITION - Robert Hughes Committee Chairman Bedwell read the follawing Committee report : ��This parcel has 6 lots . These al1 have sufficient area and are acc�ptable as p1atted. It is recognized that a discrepancy exists on the North boundary. Road placement subject to engineering approval , but in no way encroaching on sideyard setback on existing home (4501 Merribee Drive) West , Southwest of the Crowl home. The Committee unanimously recommends approval of this plat. �� The Comrnission asked Mr , Hughes, who was present at the meeting, the status of the apparent error on the North end of the plat . Mr . Hughes stated th�t there was no urgency in getting the plat approved. It was moved by Jensen, second�d by Hetman to accept the Committee report, and that the Commission take no action at this tirne, but defer the matter to a future meeting. Motion carrie d unanimously. C ) Marimac Addition- John Gormley Committee Chairman Senstad read the following Committee report : "This parcel has 10 lots and one outlot. 3 lots are less than 100� frontage but a11 have suffici�nt area. It was agreed that no waivers be granted on this parcel . The Committee unanimously, recommends approval of this plat." Mr , and Mrs, John Gormley, the appl, icants , and their Surveyor , Wayne Long, were present , It was moved by Shinder , seconded by Van Hauer to accept the Committee report, emphasizing that no waivers be granted , and recommend to the Council approval of the plat of Marimac Addition. Motion unanimously carried. D) �.ots G � F, Massolt Gardens - Jerry Green � Committee Chairman Bedwell reported tl� t this be deferred at applicant ' s request , E) Duluth Terrace 3rd Addition - Wm, R . Nelson Committee Chairman Bedwell read the following Committee r eport; "Th`is parcel has 6 lots . 4 standard lots in width and area, 2 sub-standard as to width and area. It is recognized that a waiver of 42' to 302� setback on existing home be granted. The Committee unanimously recommends approva1 of this plat.+' 1�.� {i#�. Regular Meeting of the G ; V , Planning Commission , 5/14/64 It was moved by Shinder and seconded by Pennock to accept the committee report, except that no waiver on the setback of the existing house be granted until the circumstances under which the right-of-way was ' acquired is reported to the Commission at the June meeting. The applicant was requested to inform the owner of the action. The motion carried unanimously to recommend to the Council approval of this plat . ZON ING A) 5b16 Olson Memorial Highway - North American tife & Casualty Co. Acting Committee Chairman Hetman read the following Committee report : "Mr , Gary Carlson and Mr . Borson were present and explained their proposal . This petition is for a change in zoning from Open Development to Business and Professional Office to facilitate the construction of an Insurance Office to be occupied by the North American Life and Casualty Company, ` The Commfttee suggested that the building be constructed so as to coincide with the setbacks of the existing Commercial and Business and Professional office zoned areas to the East and West of the proposed site. The Committee felt this to be a good use and is compatible with the surrounding area. Therefore the Committee unanimously recommends approval of this rezoning request. �' Mr , Gary Carlson was present at the meeting . It was moved by Lynch, seconded by Jensen and unanimously carried to accept the Committee report and re commend to the Council the approval of this rezoning request . B) S .W. Quadrant - Douglas Drive and Medicine Lake Road Acting Committee Chairman Hetman read the following Committee report : ' ��This zoning request was referred to :the P1anning Commission by the Village Council as a result of a petition submitted by the residents in the area requesting that the area be zoned to Residential Zoning from Open Devetopment, The petition submitted requested that the following described area be zoned Residential : South of Medicin e Lake Road, West of Douglas Drive, North of the Sandburg School property and East of the plat of Advertising Creative Center. � ��� � �z _ Regular Meeting of the G. V . Planning Commission, 5/14/64 The Committee studied the area in question and unanimously recommends that the matter be deferred to the June meeting for physical inspection and further study, �� Property owners from the area were ;present and indicated they will recirculate the petition to cover an area within a half mile radius of the area requested to be rezoned. The petition is to be sub- mitted prior to or at the Pub1ic Hearing. It was moved by Senstad, seconded by Raugland and unanimously carried to defer the matter to the June meeting, ORDINANCE WAIVERS A) 5616 Olson Memorial Highway - North American Life � Casualty Co, Committee Chairman Senstad read the fo1lowing Com�nittee report : '�Petition is for tl� waiver of Section 10,06, Zoning Regs. , on two instances. This concerns minimum sideyard ctearance B+PO. On the East side of the proposed structure a waiver of 5 ' to a sideyard of 15 ' is requested. Adjacent land to the East is now zoned Commercial . On the West side, where adjacent land is now OD, it is requested that tl� sideyards applicable were it B+PO be made applicable here. A 20 ' sideyard would be required in the latter case. The Committee recommends approval of the waiver for the West side, but denial of the waiver for the East side, �' It was moved by Pennock, seconded by Bedwell to accept the Committee report, with the understanding that a waiver of 3Q feet of the required setback on the West side is being granted providing a minimum setback of 20 feet, on the assumption that the property lying immediately West will be zoned a heavier use at sometime in the future. The motion carried with a vote of seven (7) Ayes and four (4) Nayes. ►' B) 1435 Xenia Avenue No, - Julia Yunger Committee Chairman Senstad read the following Committee report : ��Petition is for the waiver of Section 14 of Platting Regs (Cor�- veyance by Metes and Bounds) and Sets 3.05 and 3. 10 of Zoning Regs, (Creation of undersize lots ) , Petitioner a�ns a long narrow 75 ' lot , with home facing Xenia, and wishes to sell the West half facing on Yosemite Ave, It is noted that two houses already have been built on Yosemite under similar circumstances. Petitioner has agreed to deed the western 10' of the property to the Village, then to divide the remainder in half. The Committee recommends approval of the waivers, stipulating the deeding of 10� on the West to the Village, plus the supplying of a corrected survey, and further stipulating that any construction conform fully to Village ordinances. �� � v� 4 Regular M�eting of the G. V . Planning Commission, 5/14/64 It was moved by Raugland, seconded by Bedwell to accept the Committee report and recorr��nd to the Council approvat of this Ordinance waiver wi th the understand i ng tha t a 'deed for tl�t 10 feet of r i ght-of-way will be granted, and a corrected survey will be submitted. Any proposed constructions shall comply with ordinances. Motion carried unanimous1y. C) 1400- 1404 Hillsboro Ave, E. G. Schlec & I , T. Maus Committee Chairman Bedwell read the following Conxnittee report : l�Petition is for the waiver of Sec. 3.052 of Zoning Regs (Merger of Title) . Petitioner wished to buiid a house on lot 19, Block 7, Lakeview Heights . Confor.�ming houses exist on Lots 18 and 20. This area abounds in homes on b0� 1ots. The intent of the Merger of Title ordinance would not be fulfilled by denying construction in this case. The Committee recommends approval of the waiver , stipulating that construction and placement conform fully to Village Ordinances in aii other respects . �' It was moved by Hetman, seconded by B�dwell ard unanimously carried to accept the Committee report and recommended to the Council approval of this ordinance waiver . D) Residentia1 Zoning Sub-Districts R- 1 and R-2 Committee Chairman Senstad read thefollowing Committee report : "The Ordinance Committee has begun discussions of a new Ordinance, but at this time recommends only tha t it be given more and thought- ful consideration, The wise counsel of other Commission members is sincerely solicited, in order that in the fullness of time an Ordinance of great worth may come forth. �� This matter is also being considered by the Long Rang� Committee, and it was decided to defer this matter . A Joint Ordinance and Long Range Committee m�eting will be scheduled in the latter part of May at' the direction of the Committee Chairman of the committees invo1ved. E) 1431 West Constance Drive Committee Chairman Senstad read the follawing Committee report: �'Petition is for waiver of Sect. 3 . 11 of Zoning Regs (Side Yard Clearance) , Petitioner requ�sts a waiver of 6,2 � to a sideyard setback of 8, 8� on the North side of his existing house. This is a situation which has existed for about 9 years, and which just came to light wher� a permit to build a garage on the South side was denied, No waiver is needed for the garage itself. The Committee recommends approval of the waiver . It recomm�nds further that the Village Staff investigate the possibility that several homes on W. Constance are non-conforming because of a possible surveying error, �► �`°'��� v'� Regular Meeting of the G. V . Planning Commission, 5/14/64 Village Attorney Skare interpreted the Ordinance, stating that where there is a non-conforming use, no expansion of the existing structure should be permitted unless proper variance is grantec�. It was moved by Velz, seconded by Hetman and unanimously carried to accept the Committee report and recommend to the Counci1 approval of this Ordinance waiver . F) 2541 DreSden Lane - Vincent E. Johnson Mr , Vincent Johr�son, the applicant and his Builder , Mr , Wick, were present to request a waiver of the Zoning Regutations, namely S�ction 3 , 11 (Front Yard Setbacks) because of the soil conditions encountered during the Construction. It was moved by Pennock, seconded by Senstad to grant the Ordinance Committee the power to act in behalf of the Commission in recommending to the Council the action of the Commission on this request , The Ordinance Committee shall make a field inspection of the site on Saturday, May 16. The applicant shall complete the necessary forms and pay the required fee. Motion unanimously carried. ��Ordinance Committee - Special Meeting - May 16, 1964 2541 Dresden Lane (5) V . Johnson This meeting of the Ordinance Committee was called at the instruction of the Planning Commission at its May 14 meeting, The Ordinance Committee was instructed to act for the Commission and render a recorr�nendat i on. Petitioner requests a waiver of Secticn 3. 11 , Zoning Regulations , (Front Yard Setback) , Petitioner requests a waiver of 6� to a front setback of 29' for a house to be constructed on Lot l , Block 1 , Cumberland Hills 3rd Addition , The Ordinance Committee inspected the site and determined that: 1 ) An evident hardship does run,with the land, The firm ground at the rear of the lot has a steep gradient into the small lake there. Fill which is placed to increase the rear yard size simpty slides into the lake, which is said to be quite deep. 2) Conforming placement of the house (which is it .�self of reason- abte size) would leave a very short useable rear yard. 3) The next lot to the North is in Robbinsdale, whose setback requirement is 30� , While not yet granted, it was determined that the developer in Robbinsdale is requesting 25 � setback for his plat. 4) If a 6 ' waiver is granted in this case, the body of the house ' wi11 be setback 35 � , in line with th� house to the South, The garage on the north end of the house will be substantially in line with, or wi11 provide a smooth transition from the setback which will apply to the north. . .. . _ ... � � � � �9'�.�.a;` Regular Me�ting of the G . V. Planning Commission, 5/14/64 In view of these cons'iderations the Ordinance Committee, here speaking for the Planning Commission, recommends approval of the 6' waiver . Paul Senstad Chairman Ordinance Committee�' LONG RANGE A) Street Vacation - Douglas Ave, From France Ave, to Ortler Pass Committee Chairman Pennock submitted tl� Committee report. "A petition for vacating Dougias Ave, from France Ave. to Ortler Pass was submitted and signed by 100% of the affected abutting property owners. The Committee recorr�nends vacation of Douglas Ave. as p�r petition subject to the necessary acquisition of easements. �' It was moved by Velz and seconded by Hetman to accept the Committee report. The motion carried unanimously. 8) Alley Vacation - Alley in B]ock 2, Lakeview Hei�hts Committee Chairman Pennock submitted the committee report. '�A Petition for vacating the alley in Block 2, Lakeview Heights , from Earl Street to Duluth Street was submitted signed by all but three of the affected abutting property owners, One of the property owners who did not sign the petition is in the process of constructing a house on Zot 12, Block 2, with the possibility of desiring access over this alley. The Committee recommends vacation of this alley. It was moved by Jensen, seconded by Bedwell to accept the Gommittee report provided the owner of the house under �onstruction does not object to this vacation, The staff shall contact the owner , and should he object to said vacation, the matter shall be referred to the Committee. The motion carried unanimously. The staff was instructed to study the status of the other alieys in Lakeview Heights . C ) Street Vacation - Ortler Pass - Douglas Ave. To Tyro1 Trail Committee Chairman Pennock submitted the Committee report : The request for the vacation of Ortler Pass from Douglas Ave, to � Tyro1 Trai1 was stadied at the request of the diilage Staff. The Committee recommends vacation of Ortler Pass from Rouglas Ave. to Tyrol Trail subject to the acquisition of easements. It was moved by Bromschwig, seconded by Raugland to accept the Committee report ar�d recammer�d to tMe Council this vacation. The � ;7` �` Regular Meeting of the G. V. Planning Commission, 5/14/64 motion carried c�nanimous1y. D) Champlain Street Committee Chairman Pennock stated that the Committee requests that this matter be deferred unti1 further study be made by staff on the status of deeding of a portion of Champlain Street right-of-way by Standard Oil Company adjacent to their property at County Road 18, The Commission unanimously agreed and took action on this matter, E ) Residential Zaning Sub-Districts R- 1 and R-2 See Item 3-D of these minutes . GENERAL President Brown instructed the acting secretary to prepare a letter of thanks in behalf of the Planning Commission to the person or persons responsible for the get together at the Golden Valley Country C1ub on Tuesday evening, May 12th, President 8rown brought up the possibility of the Commission making a further study of the area bounded by Bassett Creek on the South, Skyline apartrnents on the West, Boone Ave, on the East and Residential area on the North, with the idea that additional app1ications for rezoning will probably be made in the fufiure. It was unanimousiy agreed that the Pianning Commission meet at the above site on Thursday, June llth at 7 : 15 P.M. and this matter be placed on the Planning Commissior� agenda for the June llth meeting. A discussion was held about the starting time of the summer planning commission me�tings , It was moved by Pennock, seconded by Bromschwig to have the starting time for the June, July and August Planning Commission meetings at 8:00 P.M. One member voted no, A motion for adjournment was honored at 11 : 00 P.M. Respectfully submitted, 3 ,� ,D vc�. ? t� Thomas G Snetsinger �'��� �, % �N`�'� Engineering Dept. �- (��� � Acting Secretary !_ � �� ��_.��`� , ;>_l t' , , . - � � � Jo� L, Srow� � �� President