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01-10-83 PC Minutes '�� MINUTES OF THE GOLDEN VALLEY PLANNING COMMISSION January 10, 1983 A regular meeting of the Planning Commission was held in the Council Chambers of the Civic Center, 7800 Golden Valley Road, Golden Valley, MN. Chairman Thompson called the r�eting to order at 7:00 p.m. Those present were Commissioners Forster, Leppik, Prazak, Singer, Thompson and Tubman. Commissisoner Polachek was not present at the beginning of the meeting. Also present were Mike Miller, Planning and Redevelopment Coordinator, and Alda Peikert, Assistant Planner. I . Approval of Minutes - December 13, 1982: It was moved by Commissioner Forster, seconded by Commissioner Leppik and carried unanimously to approve the minutes of the December 13, 1982 Planning Commission meeting as recorded. Commissioner Polachek arrived at the meeting. II . Continuation of Informal Public Hearing - P.U.D. #40 Ewald Way: APPLICANT: Monson/Ueland Architects, Inc. LOCATION: Southwest corner of Xerxes Avenue North and Golden Valley Road REQUEST: Approval of Preliminary Design Plan for P.U.D. #40, Ewald Way. Chairman Thompson introduced this agenda item and recognized Mr. Jon Monson who was present to represent the proponent, Monson/Ueland Architects. Chairman Thompson asked whether there were any questions of staff, and Commissioner Leppik asked about the private driveway easement over the southerly ten feet of the site. Commissioner Leppik expressed concern over proximity of the drive to patio areas shown for two units and over poten- tial danger to children living in these two units and using the patios as a back yard area. Planning and Redevelopment Coordinator Mike Miller con- firmed that the drive is on property currently owned by the City HRA and scheduled for transfer to the proponent, Monson/Ueland Architects, and that the drive is the only possible access to a garage serving a house on York Avenue North to the southwest of the subject site. Mr. Miller pointed out that the drive is a private driveway to a garage and that it is no more heavily used than the usual private driveway serving a garage in a private yard. Chairman Thompson called on Mr. Jon Monson and asked whether he had anything to add on behalf of the proponent. Mr. Monson stated that the l67 Planning Commission Minutes - January 10, 1983 Page 2 proponent intends to comply with the ten conditions of approval recommended in the staff report. Chairman Thompson stated that he felt the firm of Monson/Ueland Architects did an admirable job of heeding the concerns of the Commission in prepara- tion of the revised Preliminary Design Plan. Chairman Thompson opened the informal public hearing for public input. Mr. Doug Sandstad, 1816 Zephyr Place, stated that he is a member of the Ewald Neighborhood Committee, that all members of the Comwnittee were aware of the Planning Commission informal hearing on the Preliminary Design Plan and that all Committee members had a chance to review the plans. Mr. Sandstad stated that although he was not officially designated by the Committee members to speak on their behalf at the hearing, he could testify to the fact that the Committee members see favorable changes in the project plans and are supportive of the Preliminary Design Plan. There was no one else present who wished to speak to this agenda item, and Chairman Thompson closed the informal public hearing. Chairman Thompson reviewed the ten conditions of approval recommended in the staff report. It was moved by Commissioner Polachek, seconded by Commissioner Prazak and carried unanimously to recommend City Council approval of the Preliminary Design Plan for PUD #40, Ewald Way, subject to the following conditions: 1 . Placement of the six (6) foot utility and drainage easement required by the City Subdivision Regulations on the south property line to the north of the 10 foot existing driveway easement. 2. Submission of Homeowners Association Agreements and Bylaws, easements and any apropriate deed restrictions or covenants with the General Plan of Development as required by the PUD Ordinance and approval of these documents by the City Attorney prior to City Council approval of the General Plan of Development for PUD #40. 3. Posting of fire lanes along the entire length of the drive to restrict parking to the designated parking spaces off the drive and to prohibit parking along the drive. 4. Provision for handicapped accessibility to individual units. 5. Separation of sewer and water service to each individual unit, separa- tion of interior plumbing for individual units and provision of one lawn faucet (hosebib) for each unit. 6. Provision of roughed in connections for washer and dryer facilities if actual equipment is not furnished in each unit. 1�8 Planning Commission Minutes - January 10, 1983 Page 3 7. Provision of individual cold air returns for heating systems. 8. Extension of fire wall in accordance with building code standards to the roof line between units with no penetration. 9. Provision of integral outside combustion air for optional fireplaces. 10. Conformance of signage with the City of Golden Valley Sign Regulations and approval of the Building Inspector. III. Informal Public Hearing = Rezoning 4955 Westbend Road: APPLICANT: Ms. Barbara Grove LOCATION: 4955 Westbend Road REQUEST: Change zoning from Residential (single family) to R-2 Residential (two-family) Chairman Thompson introduced this agenda item and recognized the proponent, Ms. Barb Grove. Chairman Thompson asked whether there were any questions of staff, and Commissioner Leppik asked about the building floor elevation shown on the proposed site plan. Assistant Planner Alda Peikert explained that the building floor elevation is not indicated on the site plan but that the proponent stated in meetings with staff that the planned elevation of the lower floor is 843.6 based on an expected change in the official flood elevation. Commissioner Tubman asked about the procedure for changing the official City flood elevation at the subject location. Ms. Peikert replied that Bassett Creek improvements have been completed and that the Bassett Creek Flood Control Commission will be making a separate recommendation to the City Council for revision of the official City flood elevation. Chairman Thompson called on the proponent, Ms. Barb Grove, and Ms. Grove stated that she had nothing to add. Chairman Thompson opened the informal public hearing for public input. Mr. Terry Nees, 2117 Windsor Way, presented to the Planning Commission a petition with 31 signatures from neighboring residents requesting denial of the proposed rezoning. Mr. Nees added that he would like to give his per- sonal reasons for opposing the rezoning and expressed two concerns. First, Mr. Nees said that he does not think it is right to rezone a lot in the neighborhood at this time because everyone who bought or built in the neighborhood did so with the understanding that it would be a ,single family neighborhood. Mr. Nees said that he chose to live in the neighborhood as a 169 Planning Commission Minutes - January 10, 1983 Page 4 single family neighborhood and opposes any change from single family resi- dential status. Second, Mr. Nees expressed concern over whether a house can be built on the lot in question due to unsuitable soil conditions. Mr. Nees reported that persons previously interested in the lot have concluded that it is unbuildable. Mr. Nees suggested the possibility that a house on the subject lot could become an eyesore due to maintenance problems resulting from the soil conditions. Mr. Floyd Lobash, 2131 Windsor Way, stated that when he bought his house there was a deed restriction prohibiting use of the property for other than a single family residence. Mr. Lobash said it is his understanding that all property in the area is under a similar restriction imposed by the City. Planning and Redevelopment Coordinator Mike Miller clarified that a deed restriction is a civil matter not a zoning restriction involving the City. Mr. Lobash indicated that he purchased his home 22 years ago, and Mr. Miller stated that he believes deed restrictions are good for only 20 years under Minnesota law. Mr. Lobash added that there are three existing houses built on pilings in the neighborhood from which the earth is sinking away and that the three houses all look terrible. Mr. Lobash concluded that these three houses should not have been built. Mr. Frank Wells, 4945 Westbend Road, stated that he lives in the house adjacent to the subject lot on the east. Mr. We11s stated that he did not sign the petition opposing the rezoning request but that he has two con- cerns. First, Mr. Wells is concerned that in driving pilings for the pro- posed duplex the proponent may cause damage to his property, in particular to his house foundation. Second, he is concerned that fill for the pro- posed structure will raise the flood elevation and result in potentially damaging drainage onto his property. Mr. Miller advised Mr. Wells that staff discussed with the City Engineer the question of possible damage to surrounding properties resulting from driving of pilings and the City Engineer indicated that such damage is a possibility and that it would be a civil matter between property owners not involving the City. Mr. Miller further informed Mr. Wells that anyone filling in the floodplain is required to provide compensating flood water storage area in order to ensure that additional drainage onto neighboring property will not result and that the Bassett Creek Flood Control Commisison confirms compensating storage capacity when reviewing plans for development in the floodplain. Commisioner Tubman pointed out that concerns regarding soils and drainage would apply to construction of a single family home allowable under current zoning as well as to the duplex proposed under the requested rezoning and that the proposed rezoning does not affect these concerns. Mr. Robert Wickman, 4875 Westbend Road, expressed concern over construction on the subject lot due to the soil conditions. Mr. Wickman reported that during construction of the home currently owned by Mr. Wells to the east of the subject lot, a "cat" was lost in the rr�ck three times. Mr. Wickman reported that his home did not suffer structural damage from the driving of ��� Planning Commission Minutes - January 10, 1983 Page 5 pilings for the Wells home but that he felt considerable impact. Mr. Wickman added that he understood that the owner of a house across from the Wells home had to tear out the entire lower section of his house due to unstable soil conditions. Mr. Tom Parker, 4920 Sorell Avenue North, stated that his was the first home built in the area and that he is familiar with the soils in the vici- nity. Mr. Parker reported that the soil is sand at the location of the � Wickman house at 4875 Westbend Road, that the first house on piling is the Jack Culhane house at 4925 Westbend Road, and that the soil is rr�ack from that point to the corner. Mr. Parker reported that rock is 40 to 50 feet down in this area and that if piling is done correctly, there is no problem with house construction. Mr. Culhane verified that he has had no struc- tural problems with his house. Mr. Parker reported that his house did shake a little when pi1ings were driven for the Culhane house, but that it was not a problem. Mr. Parker concluded that he has no objection to construction of a house on the subject lot and no objection to construction of a double. Mr. Parker noted that there are two existing doubles in the neighborhood. Mr. Bob Perry, 2143 Windsor Way, stated that he pua^chased his home five months ago and thought there was no chance of construction of a double on the subject site. Mr. Perry stated that he is against construction of a double. Mr. Perry further noted that there is a chance of improper installation of piling and that the neighborhood does not need another eyesore. Ms. Barbara Grove, the proponent, asked permission to address neighborhood concerns. Ms. Grove stated that she has owned the subject property since 1977 with the future hope of building a two family home to house herself on one side and her son and his future family on the other side. Ms. Grove stated that the duplex would not be rental property. Ms. Grove reported that she has been working with City Staff and with Staff for the Bassett Creek Flood Control Commission over the last two years. Ms. Grove stated her desire to build a structure which will be comlementary to the neigh- borhood. Regarding Mr. Wells' concern over possible damage to his property resulting from the driving of piling, Ms. Grove reported that she met with structural engineers and was informed that the wooden pilings used would absorb the impact to the extent that pilings could be driven next to a house without causing damage. Ms. Grove stated that based on her calculations there will be a distance of 45 feet between the Wells home and the closest point at which pilings are proposed. Ms. Grove concluded with the state- ment that she is coordinating with the Bassett Creek Flood Control Commission in order to avoid potential drainage problems over which neigh- bors have expressed concern. Mr. Floyd Lobash, 2131 Windsor Way, asked whether Ms. Grove is in real estate because he has seen people viewing the property apparently con- sidering purchase. Ms. Grove stated that she is not in the real estate 171 Planning Corr�►ission Minutes - January 10, 1983 Page 6 business. Mr. Lobash expressed concern over additional drainage into the City properties to the west and over the lack of mosquito control on the City owned lowland lots. Mr. Miller suggested that Mr. Lobash contact the City concerning any mosquito problems on City property. Ms. Helen Parker, 4920 Sorell , stated that she has lived at her current address since 1953 and has been looking out at vacant lots. She said that the idea of a house on the subject property, whether a single or a double, is preferable to looking at weeds. Chairman Thompson closed the informal public hearing. Chairman Thompson pointed out that a duplex is a residential use and that the requested rezoning is only a slight change as far as zoning is con- cerned. Chairman Thompson added that he shares the concerns of the neigh- borhood over building on any of these lots due to drainage questions but that he is aware of the accomplishments made in flood control and feels that the Bassett Creek Flood Control Commission has done a marvelous job. Commissioner Prazak stated that his concerns regarding piling for the structure have been satisfied but that his preference would be for a single family home at the subject location. Commissioner Prazak noted that the nearest double is almost a block away. Commissioner Leppik stated that any rezoning requires a compelling reason for a zoning change. Commissioner Leppik stated that the subject lot could easily and appropriately be used for a single family dwelling as currently zoned and that there is no compelling reason for a rezoning. Commissioner Leppik noted that there is no guarantee that the proponents will remain in the home as a family arrangement rather than a rental situation. Commissioner Forster asked what piling would add to the construction cost. Mr. Miller answered that piling would add substantial cost amounting to one third to 50 percent again over the normal construction cost. Commissioner Forster said that he questioned the economic feasibility of building a single family home on the lot considering the fact that it has been vacant for a long time. Commissioner Tubman stated that the exterior design of the proposed duplex is not obtrusive, that it has the appearance of a large single family home and that it is located on a large lot. Commissioner Tubman speculated that in order to develop the property at all may take something larger and somewhat more objectionable than a single family home, but that a duplex is not as objectionable as the alternative of no development. Commissioner Singer stated that the Planning Commission should recognize that it has an obligation to consider proposals such as this with the idea that the small amount of property left within the City has to be utilized. Commissioner Singer stated that if the proposed duplex is the best answer ��� Planning Commission Minutes - January 10, 1983 Page 7 for achieving development of the subject site, the Planning Commission should recommend approval of the rezoning. Chairman Thompson pointed out that double homes have been approved and do exist within residential neighborhoods in other parts of the City and that there are other doubles not far away from the subject site. Chairman Thompson stated that he is familiar with the subject neighborhood, that it is a very attractive area and that he does not find the proposed double unattractive or not in keeping with the surrounding single family homes. Chairman Thompson expressed the opinion that if done properly, the proposed double would be an asset to the neighborhood. Chairman Thompson added that he lives not 100 yards away from a double bungalow and that it has never bothered him in the slightest. He noted that the important factor is how homes are maintained and that single family ownership does not guarantee maintenance. It was moved by Commissioner Forster and seconded by Cor�nissioner Tubman to recommend City Council approval of the rezoning requested by Ms. Barbara Grove of a vacant lot located at 4955 Westbend Road from the Residential (Single Family) to the Two Family (R-2) Residential Zoning District on the basis of proper land use, a good building plan and the fact that the pro- posed development would be an asset to the neighborhood. The recommen- dation for approval is subject to the following conditions: 1 . Submission prior to City Council approval of the rezoning of a site plan acceptable to the City Engineer and City Building Inspector for construction of a structure the lowest floor elevation of which is a minimum of one foot above the flood elevation officially recognized by the City of Golden Valley at the subject site. 2. Approval of the propsed site plan by the Bassett Creek Flood Control Commission prior to City Council approval of the rezoning. The motion carried by a five to two vote. Commissioners Forster, Polachek, Singer, Thompson and Tubman voted in favor of the motion. Commissioners Leppik and Prazak voted against the motion. IV. Request for Waiver of City Platting Regulations - 528 Indiana Avenue North: — — APPLICANT: Brad Jones LOCATION: 528 Indiana Avenue North REQUEST: Permission to resubdivide three residential lots into two residential lots which would be more in conformance with the City Zoning Ordinance Planning Commission Minutes - January 10, 1983 page g � 7 3 Chairman Thompson introduced this agenda item and recognized the proponent, Mr. Brad Jones. Mr. Jones provided the Planning Commission with an explan- ation of his request, and Chairman Thompson asked for questions of the proponent. Commissioner Leppik asked what would happen to the existing church located on the southerly of the four currently existing lots. Mr. Jones replied that he plans to remove the existing church building and to construct a 24 by 40 foot one story rambler type single family house on the lot. Mr. Jones explained that he proposes three single family dwellings on three lots where there are now four lots with on house and the former church building. Commissioner Singer stated his opinion that the proposed develoment would improve the neighborhood and offered his approval of the requested change in lot lines. Commissioner Prazak stated that the proposed single family residential devel- opment appears compatible with the surrounding neighborhood. Commissioner Tubman asked confirmation that any request for a setback variance would require a public hearing and notification of surrounding property owners. Planning and Redevelopment Coordinator Mike Miller verified that a public hearing before the Board of Zoning Appeals is required for a setback variance. Chairman Thompson reviewed the staff recommendation. It was moved by Commissioner Leppik, secnded by Commissioner Singer and carried unanimously to recommend City Council approval of the request received from Mr. Brad Jones for a waiver of the platting ordinance to allow re-subdivision of three residential lots located at 528 Indiana Avenue North into two residential lots which would be more in conformance with the City Zoning Ordinance subject to the following condition: That any easements for driveway access granted across Lots 136 and part of 135 be filed with the City Division of Zoning and Inspection and become a permanent reference in that dQpartment's Street File. V. Report on HRA Meeting = December 14, 1982: Commissioner Forster provided the Planning Commission with a report on the December 14, 1982 HRA meeting. VI. Report on BZA Meeting = December 14, 1982: Commissioner Polachek provided the Planning Commission with a report on the December 14, 1982 Board of Zoning Appeals (BZA) meeting. �7� Planning Commission Minutes - January 10, 1983 Page 9 VII Report on City Council Meetin9 = December 21, 1982: Commissioner Prazak provided the Planning Commisssion with a report on the December 21, 1982 City Council meeting. VIII. Report on City Council Meeting - January 4, 1983: Commissioner Singer provided the Planning Commision with a report on the January 4, 1983 City Council Meeting. IX. Consideration of Consent Agenda: Chairman Thompson reported that he considered initiating a consent agenda for the Planning Commission. However, after discussing the possibility with Planning and Redevelopment Coordinator Mike Miller, he concluded that the Planning Commission does not need a consent agenda. The only Planning Commission agenda items appropriate to a consent agenda are setting of hearing dates already handled in minimal time. X. Update on Valley Square: Chairman Thompson provided the Planning Commission with an update on the status of the Valley Square Redevelopment Project. XI. Report on HRA Meeting = January 10, 1983: Commissioner Leppik was scheduled to represent the Planning Commission at the HRA meeting originally scheduled for J anuary 11, 1983 but rescheduled for the same time as the Planning Commission meeting on J anuary 10, 1983. Commissioner Leppik was unable to attend the HRA meeting due to the time conflict with the Planning Commission meeting but provided the Planning Commission with a report on agenda items to be covered at the HRA meeting based on a briefing received from HRA Chair Mary Anderson. XII. Discussion of Reappointment of Planning Commissioners: Chairman Thompson informed the Planning Commission that his term and that of Commissioner Forster as Planning Commissioners are up on March 1, 1983 and that both he and Commissioner Forster notified Mayor Rosemary Thorsen that they wish to be reappointed. The meeting was adjourned at 8:25 P.M. Respectfully submitted, . r� s �_, 1,--". �:,_c,-� �" c.,-,, �.;�,�.,.. y, � ,l��t��+"' �.� � , �_�.r _,. - -� avi ompson, airma argare eppi , e ary ;