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08-12-65 PC Minutes 2���7` REGULAR MEETING � OF THE GOLDEN VALtEY PLANNING COMMISSION August 12, 1965 A regular meeting of the Golden Valley Planning Commission was held on Thursday, August 12 , 1965, at 7 :30 p.m, at the Golden Valley Civic Center, 7800 Golden Va11ey Road, Golden Valley, Minnesota. President Raugla�d presided and the following members were present : Straw, Van Hauer , Jensen, Velz , Brown, Christiansen�;: Hetman, Bromschwig, Senstad, Bedwell , and Pennock, Also present were John Voss and Phyllis Jordahl . A �notion by Christiansen seconded by Van Hauer , to approve the min- utes of Juiy 15, 1965, as mailed, carried unanimously, PLAT No items this month . ZON ING A. 3901 -4001 O1son Highway (8) James A Anderson Committee Chairman Velz read the fol1�wing report; "The petitioner is requesting a rezoning from Residential t� Mu1tiple M-4 of an area bQUnded by Woodst�ck Avenue nh the south, T.H. 55 on the north, Meadow Lane on the west, and France Avenue on the east . This area was platted int� two f�locks of 40' wide lots severa1 years ag�. Since that time, on1y one home has been built . The petitioner is requesting a vacation of Sunnyridge Lane running between these two blocks and also a vacation �� the alleys running thr�ugh the centers of these blocks in order that �11 c�f the property may be combined creating one parcel . The proposed apartment building w�uld be a�proximately 13 stories in height and contain more than 100 living units , The committee feels that this w�uld be a gooc[ location for a multiple development because it is along a major highway - T.H. 55, adjacent to Theodore Wirth Park aiong the esst properfiy 1ine and it will be adjacent to a diamond interchange that is expected to devel�p at Glenwood Far!<way and T.H. 55 . The Zoning Committee unanimously recommends approval of the rezoning subject to a revision �f the M-4 District which now permits a maximum of 8 stories and subject to the proposed apartment complex meeting all other requirements of a revised multiple dwel1ing code. " A motion by Pennoc!< seconded i�y Brown to defer action on the pr�posed rezoning and street vacation at 3901 01son Nighway until the Planning Commission has had a chance to meet with the Village Council and discuss apartment development, carried with 8 yeas, 3 nays , �� � Regu1ar Meeting of the G V Planning Commission $- 12-6 Pa e 2 5 g B. 7500 Olson Highwa� ( 17) Skyline Builders Chairman Velz read the f�llowing report : "The petitioners were representecJ by Mr. [�olan, their engineer . The petiti �n is a request f�r rezoning from Multiple (M-1 ) t� Multiple Dwelling (M-2 ) on Lot 1 , Block 2, Skyline Plaza Addition. The petitioner stated that Skyline Suilders would like to build a 2� sfiory apartment bui1ding and the present M-1 zoning permits a maximum of two st�ries, The proposed M-Z �oning wou1d permit � maximum af four stories. A motion for approval of the rezoning petition resu1ted in a dead- lc�cked 2-2 v�te of the Committee. Therefore, the Cammittee does not have a recommendati�n on this petition, �� A motion by Brown seconded by Bed�vell to deny the petition and keep it M- 1 carried with g yeas, 1 nay, and Pennock abstained from voting. C. 5110 Duluth 5treet (b) Village of Golden Valley Chairman Velz read the following report : "At its meeting on July 20, tg65 , the Villac�e Council req�aested the ptanning Commission to consider rezoning the property at 5110 Duluth Street from Institutional ( T-4) to Residential . This pro- perty was zoned Residential pri�r to the time that it was dedi - cated to the Village for Park Property. The property is separated from Scheid Park by Ca. Rd . 66 and therefore was not included in the development of the parf<. It 1ies north of Co. Rd. 6b, The Vi1lage would retain a 50� wide strip of the property on the north side of Co. Rd, 66 for possible f�ture development of a crosswalk, The remainder , however , wi11 never be used as a Park or Institutional ( I -4) use and should revert back to Residential Zoning . i"he Zoning Committee unanimously recommends approvat of the rezoning . �' A m�ti�an by Hetman seconded by Jensen to approve the committee report carried with 7 yeas and 4 nays. ORDINANCE A. 1415 Fairlawn Way ( 10) Carl W Pearsc�n Committee Chairman Senstad read the f�llowing report : '�The petition is for a waiver of Section 3,07 of the Zoning Code - sideyard setback, The petitioner desires a waiver of F3 � to a set- bac!< of 4� along the north side of his home on L�t 20, B1ock 1 , Kennedy � s South Tyrol Hitls . The Ordinance Committee noted that: 1 . The hardship is �f the props�nents own making. 2 , �l check of the surraunding neighborhood indicated that a11 homes seem ta caiform and the area is niceiy developed. ��Y�.� Regular Meeting of the G V Planning Commission $- 12-65 Page 3 3 . The Committee suggests that purchase of additi�nal land would be a more logical answer rather than the use of the same through a variance. 4. Tt appears that this variance request is not within the sprit of the ordinance or in harmony therewith. The OrdinanceCommittee unanimously recommends denial of the petition. " A motion by Straw seconded by Van Hauer to approve the Committee report of denial carried with 9 yeas and Brown and Pennock abstained from voting . B. 5308 St Croix Avenue (6) Harold B Knaeble Chairman Senstad read the f�llowing r�port : �'The petiti�n is for a waiver of Section 3 .07 of the Zoning Code - siaeyard setback. The petitioner desires a waiver of . 25 feet to a setback �f 14,75 feet at 5303 St Croix Avenue, The w��ver is to correct an existing situation brought to light by applying for a permit to make an addition to an existing home. The Ordinance Committee unanimously recammends approvat of the petition stipulating that Village Ordinances and Regulations shall be complied with in all other respects. �' A motion by Christiansen seconded by Jensen to approve the Committee report carried with 10 yeas and Pennock abstained from v�ting. C . 428 Sunnyridge Lane (8) A Henry Edling Chairman 5enstad read the following re port: ��This petition is f�r a waiver of Section 3.07 of the Zoning Code- fr�ntyard setback. The petitioner desires a waiver of 32.4 feet to a setbac!< of 2.b feet along Woodstocl� Avenue on Lots 318 � 319 of Glenwo�d Addition , The Ordinance Committee found that this request stems from a desire to improve this old home by an addition thereto. To clear the building permit, the house must be made t� conform, How it comes to be 1ocated within 2 .6 feet of Woodstock is not clear , but may we11 have resulted when the Vi1lage established �he right-of-way, , T� deny the request will not changethe location of the present home, but would prevent an effort being made to improve the property and the neighborhood as well . The Ordinance Committee unanimously recommends approval of the petition stipulating that Village Ordinances and Regulations sha11 be comp1ied with in ali other respects, " A motion by Christiansen seconded by Straw to approve the committee report carried with 10 yeas and Pennock abstained from voting . '� 70 Regu 'la Meeting of the G V Planning Commission 8- 12-65 Pg 4 D , 13�9- 1335 Mandan Avenue (20) Elba Inc. Committee Chairman Senstad read the f�llowing rep�rt : "The petition is for the waiver of Sections 3 .�4, 3, 042, 3 .07, � 3. 12 of the Z�ning Code - frontyard setback - merger of title - creation of substandard lot - and 1ocation of accessory b�ai1ding. A11 of the property considered in this petition is located on Lats 1 ,2, �4, 61ock 6, Glenview Addition. The petitioner desires a waiver of 15 feet to a setback of 20 feet along the west side of Mandan Avenue for a proposed home on the west 55 feet of Lots 1 � 2 and a garage on Lot 4, a waiver of 10 feet to a setbac�� of 25 feet a1ong the south side of Mandan Avenue for proposed dweliings on Lots 1 & 2, a waiver of inerger of title on Lots 1 � 2, a waiver in order to subdivide L�ts 1 � 2 creating substandard lots from lots that are already substandard, and a waiver in order to iocate a garage in front of an existing single family home on Lot 4. The Ordinance Committee f�und that : 1 , A severe topagraphica1 gradient presents a genuine hardship which is best met by the proposed waivers. 2 . An offici;a1 petition and deposit is to be received �n Lot 4 before acting on it . 7he Ordinance C�mmittee recommends appr�val of the petitions stipulating that llillage Ordinances and Regulati�ns shall be comp1ied with in all other respects. �' A motion by Hetman seconded by Bromschwig t� approve the Committee report carried with 10 yeas and Pennoc!< abstaining from voting . E . 1401 Gettysburg Avenue North (20) Michael J Dulski Ch�irman Senstad read the following report : "The petition is f�r a waiver �f Section 3 , 07 of the Zoning Code - sideyard setback, The petitioner desires a waiver of 7 ' to a setbacl� of 5.3 ' on Lot 7 , 81ock 4, of Lakeview Heights Addition. The Ordinance C�mmittee noted that this rectifies an existing situGtion in order that a comp1iant addition (garage) can be made to the home, The Ordinance Committee unanimous1y recommends a�proval �f the petiti�n stipulating that Village Ordinances and Regu1ations sha11 be c�mpl ied wi th in al l other r �.�;�ects. " A motion by Jensen sec�nded by 5enstad to appr�ve the Committee repart carried with 10 yeas and Pennock abstained from v�ting. F. 3�3� Ky1e Avenue North (4) Erwin E Stobbe Chairman Senstad read the foll�wing rep�rt : ��thc petition is for the waiver t�f Section 3 . 07 of the Zoning Code- frontyard setbAck, The petitioner ciesires a waiver of 10 feet to � �'�.1 . Regu)�ar Meeting of the G V Planning Commission $- 12-b5 Pg 5 a setback of 25 feet along Kyle Avenue on Lot 16, Block 2, of Noble Grov�:� Addition, A severe topographical gradient presents a gen�ine hardship, which is best met by the pr�posed waiver , The Ordinance Committee unanimous1y recommenas approval of the petition stipulating that all Village ordinances and Regulations shall be complied with in all other r=Yspecfis." A motion by Brown seconded by Hetman to approve the Committee report carried with 10 yeas and Fennock abstained from voting. G. 71:6 Rhode Island Avenue South ( 18) George R Della Paolera Chairman Senstad read the following report : "The petition is for a waiver of Section 3 . �7 of fihe Zoning Code- fr�ntyard setback. The petitioner desires a waiver of 3 ' t� a se�tback of 32 feet for an addition to an existing home a1ong Rhode Is1and on Lots 5 � 6, Block 1 , of Confer Erickson ' s Boulevard Gardens. The OrdinanceCommittee felt that no apparent hardship exists and the petitioner did not attend the committee mesting. The Ordinance Committee unanimously recommends denial of the petition. " A motion by Penn�ck seconded by Brown to table this item until next month carried with 6 yeas and 5 nays . H. 235� Byrd Avenue ( 1 ) Edward L Johnson Committee Chairman Senstad read the following report : "The petition is for the waiver of Section 3. 07 of the Zoning Code- frontyard setback. The petitioner desires a waiver of 15 ' to a setbac!< of 20� along Byrd Avenue and McNair Drive on Lot 20, Block 4, Delphian Heights Third Aadition, i'he Ordinance Committee founci that: 1 . The on1y hardship running with this lot is its small size and shape. 2, A 20 foot wide home of 850 sq ft can be buitt without waivers. 3 . Precidents sited : Lot 1 , Block 3, Tyrol Hills Addition (4001 Wayzata 8oulevard) , The OrdinanceCommittee unanimously recommends denial of the petition , �' A motion by Pennock seconded by Brown to table this item because the petitioner was not present carried with 10 yeas and Van Hauer abstained from voting . I , 1317- 1533 Flag Avenue (20) Chairman Senstad read the following report : "The petition is for the waiver of Section 3. 07 of the Zoning Code- frontyard and sideyard setbacks . The petitioners desire a waiver of 20� to a setback of i5 ' on Lots 1 -9, Block l , and Lots 1 -5, 81ock 8, Lakeview Heights Frist Additi �n and a waiver of 30 feet 2 7#� Regular Meeting of the G V Planning Commission 8- 12-b5 �g b to a setback of 5 feet on Lots b-$, Block �, Lakeview Heights Add�ition, The petitioners also desire a waiver af a sideyarci setback t� permit a 10% setback on the s�uth side where 20/ is rec{uired. The Ordinance Committee found that : 1 , A hardship exists in the steep gradients of the fronts of the i�ts, 2 . No justification exists for sideyard waivers. 3. A 15' waiver to a 20' frontyard setback along all of the lots is rec�mmended except that a �5 ' waiver to a 10� frontyard setback on Lots b-8 of Block 8 is recommended. The Ordinance Committee unanim�usly recommends approval of 20 and 10 fvot frontyard setbacks and denial of the sideyard waiver , stipu lating that Village Ordinances and Regu1ations shall be complied with in ail other respects. " A mation by Brown seconded by Straw to approve the Committee report carried with 9 yeas ana PennQCk abstained from voting. J. �2eview of Multiple Dwelling Code This item was deferred until such time as the Planning Commi ��ion and Councit have had their joint meeting . K. Review of Service Station Ordinance Chairman Senstad read the fo1lowing repc�rt : , +'When this item came before the Village Council on July 20, 1965 , representatives from the Minnesota Petroleum Council asked to have i t deferred and asked to liave: a. cl�a�ce to meet wi th members of the Planning Commission to discuss the proposed ordinance. This meeting was held on July 27, 19b5 . The major areas of disagreement and the resulting Ordinance Committee recommendations are as follows . 1 . Petroleum Council askeci that the word ��service station�' be used rather than "Fi11ing Station�� . The Ordinance Committee concurs ' . with fihis. 2 , The Petroleum Council objected to the 35 ' setback for pump islands. The Ordinance Committee noted that the 35 ' setback is presently required and s�me of the existing service stations were built under this standard. The Ordinance Commi�tee recommends that the 35 ' setbaek requirement not be changed , 3 , The Petroleum Council recommenaed that distance of driveways from street intersecti�ns be permitted at 6 feet . The Planning Commission had recommended a minimum of 50 feet . In reviewing this with the Vi1lage Engineer , the Ordinance Committee has changed its recommendation to a minimum of 30� from the edge of the driveway to the intersection measured at the curb line and a minimum driveway angle to the street of 45 ° . 4, The Petro1eum Council asked that screening as required in Paragraph C be reworded t� include evergreen plantings , The Ordinance Committee noted that the words ��equivalent visual barrier�� were meant fic� include evergreen plantings but that these words could be written into this paragraph, The Petro1eum Council stated that screening of junk and damaged vehicles under Paragraph G would be impractica1 and almost impossible in certain instances , Severa1 �����. f�eguTar Meeting of the G V Planning Commission $- 12-65 Page 7 of these damaged vehicles have been towed from local accidents at the req�est of the Village Police Dept, and can not be maved for certain periods of time, depending upon the circumstances of tt�e accident . The ordinance Comm'ittee noted that the Viltage Councii has been made aware of this situation and it is a problem they witl have to resolve, 5. The Petroleum Council requested that crushed, �ock be permitted on the areas of the service station site used for future expansion �r storage and that specific standards be set for the surfaced area. The Ordinance Committee recommends that surfacing be limited to c��ncrete paving or as�hatt and that a minimum 4 ton axle 1oad requirement be incorporated into the ordinance. This was recommended by the Village Engineer, A moti�n by Hetman seconded by Bedwe1l to approve the Committee report anci send this review of Service Station Ordinance cn to the Counci1 carried unanimously. LONG RANGE A, 3901 -4001 Olson Highway (8) James A Andersfln Committee Chairman Pennock read the following report : '�The petitioner is requesting a vacation of Sunnyridge Lane between Woodstock Avenue and T H 55 and vacation of two a1leys in the blocks between Meadow Lane and France Avenue north of Woodstock Avenae. The petitioner is also requesting a rezoning of this whole area from Residentia1 to M�ltiple (M-4) . The Long Range Committee recommends that the two alleys and Sunny- ridge Lane be vacated after the pr�perty has been rpzoned and after the sanitary trun!< sewer line and water iine aiong Sunnyridge Lane has been relocatecJ at the petitioner ' s expense. " A motion by Pennock seconded by Brown t� table this item until the ` P1anning Commission :and the Council have had their joint meeting carried with 8 yeas and three nays . B, 7100 Archer Avenue ( 15) Fred J�nes Committee member Brown read the following report : �'The petitioner is requesting a vacation of an easement for public street right-of-way over the east 30 fee� of Lot 4, Block 1 , and Lot 3, Block 2 , Hampshire Oaks Fifth Addition, It appears that the intention of this right-o�-way was for the continuation of Louisiana north, along its previou�ty established alignment . This however , has changed and E.ouisiana has developed to the east. The Vitlage will retain a 5 foot sanitary sewer easement along this a1ignment which already has been recorded. The Long Range Committee recommends approval of the vacation of the 30 feet . " � A motion by Straw, seconded by Van Hauer to approve the Committee report carried unanimously. � �� Regu;.lar Meeting of the G V Planning Commission 8- 12-b5 Page 8 Minnesota Highway Department Hearing Lyle Jensen re1ated c�mments made at a public h�aring heid by the State Highway i7epartment on Ju1y 27, 19b5, concerning the proposed interchange at T H 55 and County Road 1 �3. The Village will receive an official transcript of this hearing from the State Highway Department . A motion was entertained for adjournment at 10:00 P.M. , � Jo S Voss, Planner - -I"=�-�=��;!_�=- -��'�- Robert Raugland, Pre�dent