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04-25-83 PC Minutes 197 MINUTES OF THE GOLDEN VALLEY PLANNING COMMISSION April 25, 1983 A regular meeting of the Planning 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 7:00 P.M. Those present were Commissioners Forster, Leppik, Polachek, Prazak, Singer, Thompson and Tubman. Also present was Alda Peikert, Assistant Planner. I . Approval of Minutes - April 11, 1983 It was moved by Commissioner Forster, seconded by Commissioner Singer and carried unanimously to approve the minutes of the April 11, 1983 Planning Commission meeting as recorded. II . Set Date for Informal Public Hearing - Preliminary Plat APPLICANT: Amoco Oil Company LOCATION: 900 Mendelssohn Avenue North REQUEST: Preliminary Plat Approval for "Standard Oil 3rd Addition" Chairman Thompson introduced this agenda item. It was moved by Commissioner Tubman, seconded by Commissioner Polachek and carried unanimously to set an informal public hearing date of May 9, 1983 for consideration of the Preliminary Plat of "Standard Oil 3rd Addition", which proposes division of the 12 acre Standard Oil site located at 900 Mendelssohn Avenue North into two lots each 6 acres in size. III. Set Date for Informal Public Hearing - Conditional Use Permit APPLICANT: Medicine Lake Lines LOCATION: 835 Decatur Avenue North REQUEST: Conditional Use Permit for Outside Bus Storage in the Industrial Zoning District. Chairman Thompson introduced this agenda item. It was moved by Commissioner Leppik, seconded by Commissioner Singer and carried unanimously to set an informal public hearing date of May 9, 1983 for consideration of the Conditional Use Permit requested by Medicine Lake Bus Lines for outside storage of buses on a six acre parcel of land which Medicine Lake Bus Lines proposes to purchase from Standard Oil and add to its site located at 835 Decatur Avenue North in the Industrial Zoning District. 198 Planning Commission Minutes - April 25, 1983 -2- IV. Informal Public Hearing - Rezoning APPLICANT: David A. Reinke LOCATION: 9025 - 23rd Avenue North REQUEST: Change Zoning from Residential (Single Family) to Two Family (R-2) Residential Zoning District Chairman Thompson introduced this agenda item and explained the Planning Commission informal public hearing procedure for the benefit of residents attending the hearing. Chairman Thompson then asked for Planning Commissioner questions of staff. Commissioner Prazek asked whether there are any doubles other than those in Kings Valley in the neighborhood of the subject site. Staff confirmed that there are no other doubles in the immediate vicinity of the subject site. Commissioner Thompson recognized the proponent, Mr. David Reinke, and asked whether he wished to add any information. Mr. Reinke stated that he did not have any information to add. Chairman Thompson opened the informal public hearing for public input. Mr. Tom Zins, 8925 - 23rd Avenue North, stated that there is a rationale for establishing zoning and that reasons for establishing single family residen- tial zoning include preservation of the ambience of a neighborhood, control of population density in an area and maintenance of property values. Mr. Zins offered his opinion that an exception should not be made for the subject lot located within an established single family residential neighborhood. Mr. Zins continued with the observation that good planning makes use of buffers between single family residential development and main arterials in the manner in which Kings Valley provides a buffer between County Road 18 and the adja- cent single family residential neighborhood. Mr. Zins observed that there is a definite division between the single family residential neighborhood and Kings Valley formed by a creek between the two areas and reinforced by the fact that the road does not run through between the two areas. Mr. Zins concluded that there should be good reason for a rezoning and that he sees no good rationale for a change to R-2 in the case of the subject lot. Mr. Zins added that the rezoning would add traffic to a street already busier than he likes due to the location of the park at the end of the street. He also cautioned that rezoning of the subject lot could set a precedent for conver- sion of other homes in the area to two family dwellings. Mr. Paul Anderson, 2233 Ensign Avenue North, expressed concern over lack of information on the type of structure to be built on the subject lot. Mr. Anderson stated that he is not against the proposed rezoning to R-2 but is concerned over potential drainage problems resulting from development of the property. Mr. Anderson pointed out that the subject property is �ow and that Planning Commission Minutes - April 25, 1983 -3- 19 9 there is a high water table problem in the area. Mr. Anderson speculated that development of the subject lot would necessitate raising the ground level and that alteration of the lot could cause water problems for adjacent homeowners. Mr. Richard Larsen, 9036 Elgin Place, stated that his lot abuts the southern property line of the subject lot. Mr. Larsen stated that the water table in the area has risen since he constructed his home in 1969 due to subsequent development of surrounding properties. According to Mr. Larsen, tests taken at the time of construction of his home confirmed no water to a depth of six feet. Presently the water table is one foot below the slab of his home. Mr. Larsen asked whether neighbors would have any input concerning the type of building to be constructed on the subject lot. Staff stated that following rezoning a developer may construct any building which conforms with the restrictions for the zoning district, including setback requirements and height limitations. Neighbors have no input at the time the building permit is issued. Staff pointed out that even when a deveioper submits a construc- tion plan with a rezoning application, the owner or subsequent owner is not bound to that specific plan following the rezoning. Mr. Larsen indicated agreement with clarification offered by Commissioners that his concern over water problems would be the same under either Residential or R-2 zoning and that he questions whether the lot should be developed under either zoning classification. Commissioner Polachek noted that the Planning Commission may recommend appro- val of the proposed rezoning and at the same time request that the City Engineer inspect the property to determine whether development could take place without causing water problems for neighboring homeowners. Commissioner Polachek further pointed out that it is accepted that a developer is respon- sible when land alterations create problems for adjacent property owners. Mr. Larsen asked whether the proponent, Mr. Reinke, would be able to obtain a tax abatement if it were determined that his property is unbuildable. It was confirmed that application for an abatement would be appropriate in such a case. Mr. Stan Hansen, 9050 Elgin Place, stated that he has no problem with the pro- posed construction of a double unit. He stated that his concerns are that the structure conform in appearance to other residences in the area and that potential water problems are recognized and considered. Mr. Dave McCunn, 8930 - 23rd Avenue North, stated that he has lived at his current address in the neighborhood since 1961. Mr. McCunn stated that once a property is rezoned the neighborhood residents must live with any problems created by the rezoning and he feels that any breaking of the single family residential precedent for the neighborhood must be done very carefully. Mr. McCunn pointed out that there are a number of four and five bedroom colonial style homes in the neighborhood, including his own home, and that families in these homes are reaching the age where children will be leaving. He specu- lated that future requests for conversion of these homes to two family ��o Planning Commission Minutes - April 25, 1983 -4- dwellings could follow a first break in precedent resulting from rezoning of the subject lot to R-2. Chairman Thompson closed the informal public hearing. Commissioner Singer stated that he wished to note for the information of resi- dents present for the informal public hearing that a later topic of discussion on the Planning Commission agenda would be the question of utilization of underoccupied single family homes. In response to an informal question from the audience concerning the placement of restrictions on the sale of the subject lot, Commissioner Polachek explained that the only possibility for restriction would be by means of a restrictive covenant placed on the lot by the current owner. Commissioner Polachek noted that restriction by the City would approach censorship and that such restric- tion would not be within the purview of the Planning Commission. Commissioner Tubman observed that a builder intends his development to be marketable and that it is unlikely a developer would build something bizarre or divergent from the surrounding neighborhood. Commissioner Leppik stated for the information of residents attending the informal public hearing that the City of Golden Valley does not at this time have an ordinance provision for conversion of single family homes and that without a change in the City code any requests for conversion would be turned down. Commissioner Leppik asked the proponent whether he has attempted to sell the subject lot as a single family home site. Mr. Reinke replied that he placed the lot on the market as a potential double unit site. Commissioner Tubman asked whether there are any other vacant potential double unit lots in the area. Commissioner Prazak confirmed that there are no other available lots in the neighborhood, and Commissioner Tubman concluded that the lack of other potential double unit sites eliminates the precedent question. Chairman Thompson stated that in his opinion Kings Valley is not close enough to the subject lot to be relevant to the proposed rezoning. Chairman Thompson pointed out that Kings Valley is separated from the single family residential neighborhood and that 23rd Avenue North does not go through to Kings Valley. CHairman Thompson stated that he is not prone to allow construction of one duplex in a single family residential neighborhood and that he prefers to maintain the integrity of the single family residential neighborhood. Commissioner Leppik moved that the Planning Commission recommend that the City Council deny the request received from Mr. David Reinke for rezoning of his vacant lot located at 9025 - 23rd Avenue North from the Residential (Single Family) to the Two Family (R-2) Residential Zoning District to allow construc- tion of a duplex based on the premise that there should be a compelling reason Planning Commission Minutes - April 25, 1983 -5- ��� for a rezoning and based on the fact that there is no compelling reason for the proposed rezoning. Commissioner Leppik added that if the lot proves to be unmarketable as a single family home site, the rezoning request could be reconsidered. Commissioner Prazak seconded the motion and stated that he supports the motion for denial because the proposed rezoning would be an isolated incidence of rezoning within an area consistently single family. Commissioner Singer stated that he sees a compelling reason for a recommen- dation of approval of the proposed rezoning in view of the need to fully uti- lize the limited amount of remaining vacant land within the City of Golden Valley. Commissioner Singer offered a substitute motion that the Planing Commission recommend City Council approval of the rezoning requested by Mr. David Reinke of his vacant lot located at 9025 - 23rd Avenue North from the Residential (Single Family) to the Two Family (R-2) Residential Zoning District to allow construction of a duplex with the stipulation that the owner, Mr. Reinke, place on the lot a restrictive covenant requiring construc- tion of a building compatible with the surrounding neighborhood. Commissioner Tubman stated that she concurred with Commissioner Singer's recommendation for approval of the proposed rezoning due to the fact that the rezoning would have a minimal impact on the neighborhood but that she had a problem with the stipulation of a restrictive covenant. Commissioner Forster seconded the substitute motion stating that he concurred with Commissioner Singer's stated reason for supporting approval of the pro- posed rezoning but that at the same time he questioned stipulation of a restrictive covenant. Following Commissioner and staff discussion concerning legality and advisabi- lity of requiring a restrictive covenant, a vote was taken on the substitute motion. The motion did not carry, with Commissioner Singer voting in favor and Commissioners Forster, Leppik, Polachek, Prazak, Thompson and Tubman voting against the motion. Chairman Thompson asked for further discussion on the original motion recom- mending City Council denial of the rezoning based on lack of a compelling reason for rezoning. Commissioner Prazak noted that the rezoning request could be resubmitted if there should be evidence in the future of a compelling reason for the rezoning. Commissioner Tubman stated that based on concern for maximum utilization of the little buildable land remaining in Golden Valley and based on the minimal impact the proposed rezoning would have on the surrounding area, she favored approval of the rezoning request. ��� Planning Commission Minutes - April 25, 1983 -6- Commissioner Forster stated that he agreed with the points made by Commissioner Tubman. Commissioner Forster pointed out that there could be no expansion of the double unit concept to other sites in the area unless there is a major change in the City Zoning Ordinance. Commissioner Forster concluded that he was against the recommendation for denial . A vote was taken and the motion failed on a vote of three to four. Those voting in favor of the motion were Commissioners Leppik, Prazak and Thompson, and those voting against the motion were Commissioners Forster, Polachek, Singer and Tubman. Commissioner Polachek stated his support for approval of the proposed rezoning without stipulation of a restrictive covenant based on his feeling that the proposed duplex would be a suitable transition between Kings Valley and the single family residential neighborhood and based on the fact that the proposed density would be no more than that results from the location of single family homes on lots half the size of the subject lot or smaller. It was moved by Commissioner Polachek and seconded by Commissioner Tubman to recommend City Council approval of the request received from Mr. David Reinke for rezoning of his vacant lot located at 9025 - 23rd Avenue North from the Residential (Single Family) to the Two Family (R-2) Residential Zoning District to allow construction of a duplex. A vote was taken and the rr�tion carried by a vote of four to three. Those voting in favor of the motion were Commissioners Forster, Polachek, Singer and Tubman, and those voting against the motion were Commissioners Leppik, Prazak and Thompson. V. Review of Capital Improvement Program Chairman Thompson introduced this agenda item and asked whether Commissioners had comments on the Capital Improvements Program. It was determined that Commissioners had questions concerning street projects in particular which require answers from the Director of Public Works. It was moved by Commissioner Polachek, seconded by Commissioner Singer and carried unanimously to defer consideration of the Capital Improvements Program until the next Planning Cor�nission meeting and to ask the Director of Public Works to provide the Planning Commission with an overview and answer questions. VI. Recommendation of Implementation of the City Housing Policy Chairman Thompson introduced this agenda item and invited comments on the "Recommendation to the City Council for Implementation of Housing Policy" pre- pared by Chairman Thompson on behalf of the Planning Commission. Commissioner Singer stated that he felt the recommendation had been prepared by the person best qualified for the job, namely Chairman Thompson. Planning Commission Minutes - April 25, 1983 _7_ ��3 It was moved by Commissioner Singer, seconded by Commissioner Prazak and carried unanimously to forward the Recommendation to the City Council on Implementation of Housing Policy" as written to the City Council as the Planning Commission recommendation. Chairman Thompson stated that he would prepare a cover letter to go with the recommendation to the Council . VII. Discussion of Accessory Apartments Chairman Thompson introduced this agenda item and invited discussion. Several Planning Commissioners expressed desire for legal advice as to what restric- tions may legally and appropriately be placed on the addition of accessory apartments to single family residences. Commissioner Tubman offered for the next meeting materials received at the American Planning Association (APA) Conference in Seattle listing possible restrictions and the risks involved with each. Commissioner Leppik stated that she has handouts received at the APA Conference concerning methods for approaching the community on provision for accessory apartments. It was agreed to defer discussion of accessory apartments until the next Planning Commission meeting and to distribute APA Conference materials on this subject. VIII. Report on City Council Meeting - April 19, 1983 Commissioner Singer provided the Planning Commission with a report on the April 19, 1983 City Council Meeting. IX. Report on HRA Meeting - April 12, 1983 Chairman Thompson provided the Planning Commission with a report on the April 12, 1983 meeting of the Housing and Redevelopment Authority (HRA). X. Report on BZA Meeting - April 12, 1983 Commissioner Polachek provided the Planning Commission with a report on the April 12, 1983 meeting of the Board of Zoning Appeals (BZA). Commissioner Polachek reported that Hopkins Independent School District No. 270 revised the Preliminary Plat for "Meadowbrook School Addition" to enlarge Lot 2, site of the former school administration building proposed for sale for office use. The revision eliminated the need for several variances, including the variance for lot size. A copy of the revised Preliminary Plat was displayed, and Planning Commissioners expressed no objections to the revision. XI. Report on PACAC Meetings - April 5 and 12, 1983 Commissioner Prazak, who represents the City of Golden Valley on.the Urban Hennepin County Community Development Block Grant (CDBG) Planning Area Citizen Advisory Committee (PACAC) for Planning Area One, provided the Planning Commission with a report on the PACAC meetings of April 5 and 12, 1983. Commissioner Prazak reported that the PACAC reviewed the CDBG Program propo- sals for nine communities including that of Golden Valley and that the PACAC would prepare its recommendations at a meeting scheduled for April 26, 1983. ?�� Planning Commission Minutes - April 25, 1983 -8- Commissioner Prazak further informed the Commission that CDBG funds in the amount of approximately $200,000 will be available for reallocation and that guidelines for competition for these funds will be prepared and distributed. Commissioner Prazak reported that in addition, funds for jobs will be available through the block grant process and that he volunteered to serve on an advisory committee which will prepare recommendations to Hennepin County on dispersal of job funds. XII. Discussion of 1984 Operating Budget Chairman Thompson reported that he received from the City Mayor a letter requesting suggestions for the 1984 Operating Budget of the City. Chairman Thompson asked whether Planning Commissioners have any ideas to contribute. It was decided that the matter would be held over to the next Planning Commission meeting to allow time for Planning Commissioners to give the question consideration. The meeting was adjourned at 8:45 P.M. Respectfully submitted, � � � ` , . .� � , , . ��.� ��; �_K.-�' °.-i.,�., °�_� _,':_.�.;���-a � r ,. � David Thompson, Chairman `�- argare Leppik, S ' � tary