12-13-82 PC Minutes MINUTES OF THE GOLDEN VALLEY � 5�
PLANNING COMMISSION
DECEMBER 13, 1982
A regular meeting of the Planning Commission was held in the Council
Chambers of the Civic Center, 7800 Golden Valley Road, Golden Valley, MN.
Vice Chairman Polachek called the meeting to order at 7:00 p.m.
Those present were Commissioners Forster, Leppik, Polachek, Prazak, Singer
and Tubman. Commissioner Thompson was absent.
Also present were Mike Miller, Planning and Redevelopment Coordinator, and
Alda Peikert, Assistant Planner.
I . APPROVAL OF MINUTES - NOVEMBER 22, 1982:
It was moved by Commissioner Prazak, seconded by Commissioner Tubman and
carried unanimously to approve the minutes of the November 22, 1982
Planning Commission meeting as recorded.
II. SET DATE FOR INFORMAL PUBLIC HEARING - P.U.D. #39, COUNTRY CLUB
�IT�GT�t �E
APPLICANT: Country Club Surgical Associates Limited
Partnership
LOCATION: 6681 Country Club Drive
REQUEST: Approval of Preliminary Design Plan for P.U.D.
#39 (A "same day" surgical center)
Vice Chairman Polachek introduced this agenda item and called on Planning
and Redevelopment Coordinator Mike Miller to present the staff report. Mr.
Miller recommended that the Planning Commission set an informal public
hearing date of J anuary 24, 1983 due to the complexity of the request and
due to expectation of a full agenda at the J anuary 10, 1983 meeting.
Mr. Gary Gandrud, attorney for the proponent, offered to explain the
background of the PUD request. Mr. Gandrud explained that the proponents
wish to build a free standing Surgical Center building rather than pro-
ceeding with the building addition previously approved. Vice Chairman
Polachek deferred further explanation until the time of the informal public
hearing date.
It was moved by Commissioner Singer, seconded by Commissioner Leppik and
carried unanimously to set an informal public hearing date of January 24,
1983 for consideration of the Preliminary Design Plan for PUD #39, Golden
Valley Surgical Center.
� ��Planning Commission Minutes - December 13, 1982 Page 2
III. SET DATE FOR INFORMAL PUBLIC HEARING - REZONING FROM RESIDENTIAL TO
� �ESIDE�ITIAL F R 9�W S BE R A5:
APPLICANT: Barbara Grove
LOCATION: 4960 Westbend Road
REQUEST: Request to rezone from Residential
(single-family) to R-2 Residential (two-family)
Vice Chairman Polachek introduced this agenda item and called on Planning
and Redevelopment Coordinator Mike Miller for the staff recommendation.
Mr. Miller recommended that the Planning Commission set an informal public
hearing date of J anuary 10, 1983.
It was +�ved by Commissioner Leppik, seconded by Commissioner Forster and
carried unanimously to set an informal public hearing date of January 10,
1983 for consideration of the request received from Ms. Barbara Grove for
rezoning of 4960 Westbend Road from the Residential (Single Family) to R-2
Residential (Two Family) Zoning District.
IV. INFORMAL PUBLIC HEARING - AMENDMENT TO CONDITIONAL USE PERMIT, 7925
WAYZATA BOULEVARD:
APPLICANT: H.I . Enterprises
LOCATION: 7925 Wayzata Boulevard
REQUEST: Approval of modification of site plan for
Conditional Use Permit allowing a gasoline ser-
vice station and convenience food store in a
Commercial Zoning District.
Vice Chairman Polachek introduced this agenda item and called on Planning
and Redevelopment Coordinator Mike Miller for an explanation of the
request. Mr. Miller explained that the proponent, H.I. Enterprises, Inc. ,
previously received a Special Use Permit which provided for removal of the
Bang Bang Oil building and a house existing on the subject site and for
construction of a convenience food store and self service gasoline station.
At the time of issuance of the Special Use Permit, the Planning Commission
and Council specifically addressed the question of possible future use of
space designated storage area for service bays which would require addi-
tional parking. Vehicle access doors to the storage area were specifically
eliminated from the approved building plans in order to preclude use as
service bays. The City Building Inspector recently discovered on the
construction site that the building includes an opening for installation of
an overhead door, which again leads to concerns about possible conversion
to a service bay or to vehicle storage area. The presence of vehicles
inside the building would require installation of a special type of floor
Planning Commission Minutes - December 13, 1982 Page 3 e 5 g
drain designed to prevent flow of substances into the storm drainage system.
Mr. Miller said he recognizes that the height of the storage area does not
allow for a hoist, but he pointed out that a hoist is not required for cer-
tain types of car servicing such as changing tires or changing oil . Mr.
Miller concluded that he reluctantly recommends approval of a Conditional
Use Permit allowing addition of an overhead door to the storage area con-
ditional upon there being no further changes in the building plans and con-
ditional upon there being no use of the storage area for servicing or
storing of vehicles.
Commissioner Prazak asked Mr. Miller the reasons for his reluctance to
recommend approval of the addition of an overhead door. Mr. Miller replied
that his reluctance is two fold: The first reason is what could be termed
the City' s poor experience with this proponent. Due to repeated failures
to meet construction start dates and due to numerous changes of building
plans, Mr. Miller said that he lacks confidence that the storage area would
not be used for vehicles. Mr. Miller added that the recommended permit
condition prohibiting servicing or storing of vehicles is one which the
City would be unable to police every day. Secondly, Mr. Miller stated that
he does not understand why the proponent cannot manage with a loading dock
for handling of deliveries rather than requiring a door which allows
vehicTe access into the building.
Commissioner Tubman recalled mention that the proponent was offered the
alternative of installing side by side doors. Mr. Miller explained that
side by side doors would allow easy access for loading and unloading but
not for inside storage of motor vehicles.
Commissioner Leppik asked whether it would be permissible for a truck to
back into the storage area to load or unload. Mr. Miller stated that it
would be preferable not to allow truck entrance into the building for
loading and unloading because that makes it possible to store the truck
inside also.
Commissioner Leppik asked whether it would be possible to reduce the door
height to prevent vehicle entrance and whether the construction could be
modified at this point to accommodate a lower door. Mr. Miller replied
that it would require modification of the door framing, that a door opening
was left in the cement block and that framing should not be in as yet.
Commissioner Forster asked whether there is room for inside storage of a
vehicle considering the fact that the storage area is intended for merchan-
dise storage. Mr. Miller pointed out on the building plans that there is
another merchandise storage area and concluded that there probably would be
room both for adequate merchandise storage and for storage of a vehicle.
Commissioner Lepik asked whether it is understood that the location might
become an automotive parts store in the future. Mr. Miller replied that
the proponent inquired into feasibility of expanding into an auto parts
� ��� Planning Commission Minutes - December 13, 1982 Page 4
business and that auto parts sales is a permitted use in the Commercial
Zoning District.
Commissioner Singer asked what type of deliveries would require the
overhead door. Mr. Miller replied that the proponent had used the example
of 55 gallon drums of antifreeze, but that bulk deliveries could also
include oil or kerosene.
Commissioner Leppik asked whether the amount of storage area proposed is
average for a business of this type. Mr. Miller replied that the amount of
storage area is atypical in that it is exceptionall"y large.
Vice Chairman Polachek recognized Ms. Bev Kottas, who introduced herself as
President of H.I. Enterprises, developer, owner and operator of the pro-
posed facility.
Ms. Kottas confirmed that the amount of storage area provided in the pro-
posed facility is atypical and explained that the types of activities
included their business which require additional storage space include
exporting of machinery and jobbing, involving buying in large quantities for
sale to operations smaller than their own.
Ms. Kottas said she would like to explain the history of problems
experienced with the City. Ms. Kottas attributed problems to the fact that
she and her husband are novices developing on their own. She explained
that English is her husband's second language and that he apparently had a
misunderstanding with the City Building Inspector concerning approval of
the overhead door. Ms. Kottas confirmed that the current stage of
construction allows for flexibility in door size. She states she believes a
trap type of drain has already been required and installed in the storage
area due to sale of petroleum products, but she would have to check with
her contractor to confirm this. Ms. Kottas attributed project time delays
to problems obtaining financing in the current market.
Commissioner Leppik asked whether the proponent is still considering
possible future use of the storage area as service bays. Ms. Kottas
replied that if the storage area were ever converted to another use, it
would be used as additional retail area. Ms. Kottas explained that con-
venience store/service station operators have found that it is not advi-
sable to combine service bays with convenience stores. Ms. Kottas added
that she was giving as honest an answer as possible realizing that the pro-
posed operation is a dynamic project which may evolve in any number of
ways.
Commissioner Tubman asked whether, considering possible future retail use
of the storage area, it would not be preferable to put in side by side
doors rather than an overhead door. Ms. Kottas replied that either type of
door would be replaced with windows if the storage area is converted to
retail space. Ms. Kottas added that she and her husband have chosen
Planning Commission Minutes - December 13, 1982 Page 5 16 1
quality materials and construction and do not wish to install a door which
would detract from the quality appearance.
Commissioner Singer asked Ms. Kottas whether the proponent is willing to
agree to the two approval conditions recommended by staff. Ms. Kottas said
that the proponent agrees to the two recommended conditions, but added that
plans are to store snow plow attachments within the storage area and that
because of the weight of the snow plows, trucks would drive into the
storage area to drop off the plows. Ms. Kottas explained that generally
speaking, depending on the weather, the plows are attached once for the
winter season and removed once in the spring.
Commissioner Prazak asked what other needs there are for the overhead door
in addition to access for snow plow storage. Ms. Kottas replied that the
only other need for the overhead door is for unloading of pallets of oil .
Ms. Kottas said that such deliveries would not be frequent and she would
hesitate to call them regular deliveries. She confirmed that trucks would
drive into the storage area in order to unload.
Vice Chairman Polachek opened the informal public hearing for public input.
There was no one present who wished to speak on this agenda item, and Vice
Chairman Polachek closed the public hearing.
Vice Chairman Polachek called for Commissioner discussion of the subject
proposal , and Commisisoner Prazak offered comments. Cor�nissioner Prazak
suggested that a trap type of floor drain should be required in the storage
area based on the storage use alone regardless of whether or not other uses
involving vehicle access are permitted. Commissioner Prazak observed that
use of the storage space for vehicle storage or repair would be a poor use
of space. He stated that he is satisfied with the proponent's description
of the intended use of the storage space and considers installation of an
overhead door for deliveries to be reasonable.
In response to questions from Commissioners Leppik aqd Forster concerning
the type of drain required and whether specification of drain type is a
Planning Commission matter, Mr. Miller described the type of drain used
for protection of the storm sewer system and stated that the Building
Inspector may have already required such a drain. Mr. Miller suggested
that the Planning Commission add to the enforcement authority of the
Building Inspector by including the drain as a condition of the Conditional
Use Permit approval . Commissioner Singer suggested that installation of the
appropriate type of drain be added as a third condition of the Conditional
Use Permit approval .
Commissioner Tubman expressed concurrence with this suggestion, adding that
she supports the two conditions recommended in the staff report because she
still has a concern over possible future use of the storage area as service
bays.
�-�'� Planning Commission Minutes - December 13, 1982 Page 6
It was moved by Commissioner Leppik, seconded by Commissioner Forster and
carried unanimously to recommend that the City Council approve the
Conditional Use Permit requested by H.I. Enterprises to allow installation
of an overhead door in the storage area of their convenience food store and
self service gasoline station located at 7925 Wayzata Boulevard in a
Commercial Zoning District subject to the following conditions:
1 . There being no further changes to the building or site plans.
2. The proponent understands and agrees that no motor vehicles will be
repaired or stored in this storage area at any time.
3. That the proper drain trap be installed in the floor of the storage
area.
V. INFORMAL PUBLIC HEARING � P.U.D. #40, EWALD WAY:
APPLICANT: Monson/Ueland Architects
LOCATION: Southwest corner of intersection of Xerxes
Avenue North and Golden Valley Road
REQUEST: Approval of Preliminary Design Plan for P.U.D.
#40 including 10 Townhouse units.
Vice Chairman Polachek introduced this agenda item and called on Assistant
Planner A1da Peikert to present the staff report. Ms. Peikert reviewed the
staff report recommending continuation of the public hearing and deferral
of action until the January 10, 1983 Planning Commission meeting to allow
the proponents time to address staff concerns and make adjustments to PUD
plans.
Vice Chairman Polachek recognized Mr. Chris Ueland, representing the propon-
ent, Monson/Ueland Architects. Mr. Ueland gave a brief description of
plan revisions contemplated to alleviate staff concerns.
Vice Chairman Polachek asked Mr. Ueland whether the proponents are in
agreement with the recommendation for continuation and feel that the recom-
mendation is fair. Mr. Ueland confirmed that the proponents are agreeable
to the recommended continuation.
Vice Chairman Polachek opened the informal public hearing for public input.
There was no one present who wished to speak on this agenda item, and Vice
Chairman Polachek closed the public hearing.
It was moved by Commissioner Tubman, �seconded by Commissioner Leppik and
carried unanimously to continue the informal public hearing on the
Preliminary Design Plan for PUD #40, Ewald Way, to the January 10, 1983
Planning Commission meeting.
Planning Commission Minutes - December 13, 1982 Page 7 ��'i3
VI. REPORT ON CITY COUNCIL MEETING - DECEMBER 7,` 1982:
Commissioner Tubman provided the Planning Co�nission with a report on the
December 7, 1982 City Council meeting.
VII. DISCUSSION OF PLANNING INSTITUTE AND LAND USE PLANNING WORKSHOP:
Corr�nissioner Leppik provided tlae Planning Commission with a report on the
Annual Planning Institute held September 30, 1982. Commissioner Leppik
reported that the Institute was devoted to the legal aspects of planning
and zoning and that she found it very interesting. Sessions included
instruction in the use of conditional use permits and variances and
training in analysis of subdivision plans. Commissioner Leppik reported
that program leaders stressed the importance of an adopted Comprehensive
P1an as legal protection and the importance of giving reasons for denial of
a request. Special zoning cases discussed included group homes, manufac-
tured housing and earth sheitered housing.
Vice Chairman Polachek and Co�nissioner Forster provided a report on the
Land Use Planning Workshop held at the same time as the Planning Institute.
Commissioner Forster reported that Workshop leaders reviewed case histories
of Twin Cities 'area lawsuits resulting from City decisions. The Workshop
leaders indicated that there is no way to totally avoid lawsuits, but
advised decision makers to document all decisions. It was suggested that
each individual member of a Commissioner or Council offer his or her opin-
ion for the record. Vice Chairman Polachek added that workshop leaders
reviewed historical changes in court viewpoints and emphasized that the
viewpoint of the courts on zoning matters is in constant change.
VIII. INTRODUCTION OF CONSENT AGENDA:
Vice Chairman Polachek reported to Planning Corr�nissioners that Chairman
Thompson is thinking of introducing a consent agenda for Planning com-
mission use.
The meeting was adjourned at 8:40 p.m.
Respectfully submitted,
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