09-14-81 PC Minutes �
Minutes of the Golden Valley
Planning Commission
September 14, 1981
A regular meeting of the Ptanning 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 7:05 p.m.
Those present were Commissioners: Forster, Moede, Polachek and Thompson.
Commissioners Eastes, Leppik and Singer were not present. Y
A1so present were Mike Mitler, Director of Planning and Redevelopment and
Alda Peikert, Assistant Planner.
, I . Approval of Minutes - August 24, 1981 :
It was moved by Commissioner Moede, seconded by Commissioner Polachek and carried
unanimously to approve the minutes of the August 24, 1981 Planning Commission
meeting as recorded.
IJ . Set Date for Informal Public Hearing - Conditional Use Permit:
APPLICANT: James Yunger
LOCATION: 670 Mendelssohn Ave. N. (Westview Business Center)
REQUEST: Permission to operate a gymnasium
(weight-lifting) in a Light Industrial P.U.D.
Chairman Thompson introduced this agenda item and noted the staff recommendation
that the Planning Commission consider September 28, 1981 as an informal public
hearing date. The Commissioners had no questions of the proponent, Mr. James Yunger,
who was present.
It was moved by Commissioner Forster, seconded by Commissioner Moede and carried
unanimously to set September 28, 1981 as the date for an informal public hearing
on the application received from Mr. James Yunger for a conditional use permit
to operate a gymnasium within Westview Business Center, a Light Industrial PUD
located at 670 Mendelssohn Avenue North.
III . Set Date for Informal Public Hearing - Preliminary Plat:
APPLICANT: Robert L. Halseth
LOCATION: Southeast Quacirantof Intersection
of County Rd. 18 and Medicine Lake Rd.
REQUEST: Approval of Preliminary Plat of
"Westview Development"
Chairman Thompson introduced this agenda item and noted the staff recommendation
that an informal public hearing be set for September 28, 1g81 . Chairman Thompson
recognized the proponent, Mr. Robert L. Halseth, who was present to answer
questions, accompanied by his engineering consultant, Mr. Ron Alwin of Consulting
Engineers Diversified. The Commissioners did not have any questions of the
proponent.
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Planning Commission Minutes of September 14, 1981
It was moved by CommissionerPolachek,, seconded by Commissioner Moede and
unanimously approved to set an informal public hearing date of September 28,
1981 to consider the application received from Mr. Robert L. Halseth for
preliminary plat approval of ''Westview Development", a proposed 2.9 acre plat
located southeast of the intersection of County Road 18 and Medicine Lake Road
(County Road 70) .
IV. Set Date for Informal Public Hearing - P.U.D. #32 Bassett Creek Office
Pa rk:
APPLICANT: ADDA Corporation
LOCATION: 5000 Olson Memorial Hwy.
REQUEST: Approval of P.U.D. General Plan without
Concept Plan Approval
Chairman Thompson introduced this agenda item and noted the staff recommendation
that the Planning Commission consider September 28, 1981 as an informal public
hearing date. The proponent was represented by Mr. John Pluhar, ADDA Corporation,
and Mr. Tim Menning, Amcon Corporation.
It was moved by Commissioner Moede and seconded by Commissioner Forster to
set September 28, 1981 as the date for an informal public hearing to consider
the application from ADDA Corporation for General Plan approval of PUD 32,
Bassett Creek Office Park, proposed for a 2.94 acre parcel located at 5000
Olson Memorial Highway.
Chairman Thompson asked for �liscussion on the motion. Chairman Thompson asked
the proponent whether ADDA Corporation intends to make a request to the City
for tax exempt financing. The proponents replied that ADDA Corporation does
not intend to apply for tax exempt financing. Commissioner Moede questioned
whether the proponent plans to request tax increment financing. The proponents
replied that the company does not intend to request tax increment financing
and plans to use conventional financing forthe project.
The motion to set a September 28, 1981 informa] public hearing date was passed
unanimously.
V. Set Date for Informal Public Hearing - Rezoning of City Owned Property:
APPLICANT: City of Golden Valley
LOCATION: Former Schaper Property lying West of Ottawa
Ave. and adjacent City property lying South
of Sweeny Lake and West of former Schaper Property
REQUEST: Rezone from Commercial and Multiple Dwel } ing
to Institutional
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Planning Commission Minutes of September 14, 1981
Chairman Thompson introduced this agenda item and noted the staff recommendation
that the Planning Commission consider a September 28, 19$1 informal public
hearing date. P}anning and Redevelopment Director Mike Miller gave an explan-
ation and history of the two City owned parcels proposed for rezoning.
It was moved by Commissioner Forster, seconded by Commissioner Polachek and
passed unanimously to set Sepfiember 28, 1981 as the informal public hearing
date for the City initiated rezoning of City property located at 801 Ottawa
Avenue North.
VI . Informal Public Hearing - Rezoning:
APPLICANT: West Suburban Builders
LOCATION: 6835 Sandburg Lane
REQUEST: Change Zoning from Residential
(Single-�ami ly) to R-2 Residential (Two-Fami ly)
Chairman Ttiompson introduced this agenda item and recognized Mr. Earl Wilson,
who was pres�ntto represent the proponent and to answer questions concerning the
rezoning application.
Chairman Thompson opened the informal public hearing.
Ms. Linda Smith, 6830 Sandburg Lane, located across Sandburg Lane from the lot
proposed for rezoning, stated that she had several questions to address to
the Planning Commission. First, Ms. Smith asked how large an area was proposed
for rezoning. Chairman Thompson explained that the area proposed for rezoning
was one lot 19,1�t1 square feet in area and 99 feet in width. Secondly, Ms.
Smith questioned whether rezoning of this tot wouid set a precedent for rezonings
in the neighborhood and make it easier to rezone other surrounding properties to
multiple dwelling use. Commissioner Polachek replied that City policy would
dictate that the northeast side of Sandburg Lane remain residential and
Commissioner Moede informed Ms. Smith that the Golden Valley Comprehensive Lanc�
Use Plan specifies long term single family residential use fort�� adjoining
residential neighborhood. ThirdTy, Ms. Smith asked whether the subject lot
proposed for rezoning for use for a two family dwelling is large enough to
accommodate that type of �Iwelling cansidering the location on a busy stree�.
and the restriction against on street parking. Chairman Thompson informed Ms.
Smith that the lof dimensions meet the City Zoning Ordinance requ:irements for
the proposed rezoning and use for a two family dwelling. Commissioner Polachek
reassured Ms. Smith that tlie City Council is well aware of the setting of
precedent, and Commissioner Moede assured Ms. Smith that she would not vote
for the rezoning unless confident it woutd pose no threat to the adjoining
residential neighborhood.
Mr. John Ferry, 6825 Sandburg Lane, located adjacent to the lot proposed for
rezoning, expressed opposition to rezoning of the subject lot for use for a two
family dwelling. � Mr. Ferry stated that he would like to see a one family home
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Planning Commission Minutes of September 14, 1981
on the property. Mr. Ferry presented to Chairman Thompson a petition signed
by 14 residents addressed �o the Board of Zoning A peals (BZA) and requesting
that the BZA not approve a waiver of the lot width requirement for cons�ruction
of a two family dwelling at 6835 Sandburg Lane. T e petition cited too much
traffic in the area at the present time as the rea on for opposition to the
waiver. Mr. Ferry explained that although the pet tion was addressed to the
BZA, it had not been presented to the BZA and was eing submitted to the City
for the first time. Mr. Ferry stated further that he felt construction of a
two family dwelling on the lot adjacent to his hom would lower the value of
his house, which he built in 1950, at which time t e surrounding area was
entirely farmland.
Mr. Wilson, the proponent, requested permission to sp��ak and informed the Com-
mission that he had owned the lot proposed for rezoning for some time and that
the lot was currently being used by Mr. Ferry.
At this point, Mr. Wilson was asked to answer questions directed to him by the
Commissioners.
Commissioner Moede. asked how long Mr. Witson had owned the lot proposed for
rezoning. Mr. �ilson answered that he had owned the lot for four years. Com-
missioner Moede asked whether he had talked to the neighbors about his proposal
to rezone the lot for construction of a two family dwelling. Mr. Wilson replied
that he had spoken with Mr. Ferry and with the people in t"he-house directly across
Sandburg Lane, the adjacent property owners from who he was required to
obtain signatures for his application to the BZA for a waiver of the lot width
Requirement. Commissioner Moede asked Mr. Wi ]son whether he had considered
building a single family home on the site. Mr. Wilson replied that he had not
considered use of the lot for a single family home due to the adjacent Light
Industrial and school parking lot uses.
Ms. Smith informed the Commission that she considered her property to be adjacent
to the subject lot and that no one had talked to her about the proposal .
Commissioner Po1achek asked Mr. Wilson whether the proposed two family dwelling
would be rental property or owner occupied. Mr. Wilson r�plied that he expected
it to be owner occupied.
Commissioner Forster asked Mr. Wilson how the structure would be placed on the
property. Mr. Wilson replied that the dwelling wou)d face Sandburg Lane, but
that he could not explain the structure placement further because the buyer
of the property, not Mr. Wilson, has the construction plans.
Chairman Thompson closed the public hearing and entertained a motion.
Commissioner Forster requested clarification of the status of the amendment to
the lot width requirement for the Two Family (R-2) Rl�sidential Zoning District.
Planning and Redevelopment Director Mike MiYler informed the Commission that the
amendment was scheduled for first reading before the City Council at the September 15,
1981 Council meeting. The Planning Commissioners discussed two options for handling
the rezoning request prior to the effective date of the Zoning Ordinance amend-
ment, those two alternatives being either to recommend approval conditional
on amendment of the Ordinance or to defer action until :;the amendment has been
approved and published.
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Planning Commission Minutes of September 14, 1981
It was moved by Commissioner Forster and seconded by Commissioner Polachek to
recommend that the City Council approve rezoning of 6835 Sandburg Lane from
the Residential to th� Two Family (R-2) Residentiai Zoning District, subject to
amendment of Section 3B.03 of 'the Zoning Code to reduce minimum lot width in the
R-2 District from 150 to 100 feet.
Chairman Thompson asked whether there was any discussion on the motion. Com-
missioner Moede stated that she felt reticent to take action on the rezoning
request prior to City Council action on the proposed Ordinance amendment.
Planning and Redevelopment Director Mike Miller offered clarification of the
status of the amendment, explaining that the City Council had previously approved
the reduction in the lot width requirement and that it was due only to clerical
error that the Ordinance had been published without the reduced requirement.
Council action is a formality required to correct the erroneous publication.
The motion to recommend conditional approval of the rezoning was passed unanimously.
Vtl . Report from Chairman on APA Educationat Subcommittee:
Chairman Thompson reported that he was unable to attend the last meeting of
the APA Subcommittee on Planning Education held September 9, 198i and �hat he
had been unable to reach other Subcommittee members for information on the
meeting. Chairman Thompson will contact other Subcommittee rrjembers for an
update and will make a report at the next Planning Commission meeting.
VIII . Report on BZA Meeting - September 8, 1981 - Bill Forster:
Commissioner Forster gave a report on the Board of Zoning Appeals (BZA) meeting
held September 8, 1981 , which i�cluded the following agenda items of interest
to the Planning Commission:
l . Consideration of a waiver of parking space requirements for Calvary Lutheran
Church, located at 7520 Golden Valley Road. The BZA found that no waiver
was required based on calculation of parking requirements for the sanctuary
only, as directed by the City Attorney, rather than calcu�>�,tion of require-
ments for mixed uses.
2. Consideration of waivers of setback requirements for construction of a
geodesic dome dwelling,at Duluth Street and Flag Avenue, which the BZA
denied due to the fact that the lot was not large enough to accommodate the
dwelling.
3. A request for a front setback waiver to allow construction of a detaehed
garage in front of a home located at 4540 Golden Valley Road, a house with
a new brick wall along the front property line which screens operation of
a commercial business from the location. The request was not heard due to
absence of the proponent.
4. Withdrawal of a request for a waiver of the permitted uses section of the
Business and Professional Offices Zoning District Ordinance to aliow con-
tinuation of a nonconforming use at 1710 Douglas Drive North. The question
of use was not an appropriate item for BZA consideration.
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Planning Commission Minutes of September 14, 1981
IX. Report on City Council Meeting - September 1 , 19�1 - Bi11 Forster:
Commissioner Forster gave a report on the City Council meeting of September l ,
1981 , including the following agenda items of interest to the Planning Commission:
l . Consideration of a rezoning petition for 1710 Douglas Drive North. The
proponent requested deferral of the rezoning request to allow exploration of
other �means of obtaining approval for continued office laboratory use of
the building. The City Council chose to take action and denied the rezoning.
2. Approval of revised sections of the Zoning Ordinance.
3. Conditional approval of the preliminary plat of "Meadowbrook School
Addition" in accordance with the Planning Commission recommendation.
X. Report on HRA Meeting - September 8, 1931 - Dave Thompson:
Chairman Thompson gave a report on the HRA meeting of September 8, 1981 ,
at which the major item of business was selection of Pembco/Sherman-Boosalis
as deve1oper for the South Wirth Development Project.
XI . Letter from the Mayor Regarding City Indemnification of Planning Commissioners:
Chairman Thompson distributed to Planning Commissioners copies of a letter
received from Mayor Thorsen stating that -the City Council will not establish
an official policy on indemnification of Planning Commissioners and will take
action on an individual case basis.
XII . Planning Commission Representation at City Council Meetings:
Commissioner Forster pointed out that the rotation system for Planning Commis-
sion representation at City Council meetings occasionally results in repre-
sentation by a Commissioner who has been unable to attend the last Planning
Commission meeting. T.he Planning Commissioner is required to report on recom-
mendations and discussion which he or she did not have the opportunity to hear.
It was suggested that staff review assignments of Council meeting represent-
atives and arrange adjustments in the sche�ule when a scheduled representative
has been unable to attend the Planning Commission meeting.
The meeting was adjourned at 8: 10 p.m.
Respectfully submitted,
� S�r
David Thompson, Chairma