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09-14-88 PC Minutes!~. MINUTES OF THE GOLDEN VALLEY PLANNING COMMISSION September 14, 1988 A regular meeting of the Planning Commission was held in the Council Chambers of the Civic Center, 7800 Golden Valley Road, Golden Valley, Minnesota. The meeting was called to order by Chair Prazak at 7:05 P.M. Those present were Commissioners Kapsner, Leppik, Lewis, McCracken-Hunt and Prazak. Commissioner McAleese was not present at the beginning of the. meeting. Commissioner Russell was absent. -Also present were Mark Grimes, Director of Planning and Development, Beth Knoblauch, City Planner, and Gloria Anderson, Planning Secretary. I. APPROVAL OF MINUTES - JULY 25, 1988 It was moved by Commissioner McCracken-Hunt, seconded by Commissioner Kapsner, and carried unanimously to approve the minutes of the July 25, 1988 Planning Commission meeting. Commissioner McAleese arrived at the meeting. II. SET DATE FOR INFORMAL PUBLIC HEARING - PRELIMINARY PLAT APPLICANT: PACE Laboratories LOCATION: 1700 Block of Douglas Drive REQUEST: Approval of .the Preliminary Plat of PACE Addition Which Proposes to Combine Six Lots Into One Lot in the a Business and Professional Offices Zoning District This item was introduced by Chair Prazak and reviewed by Director Grimes. The Planning Commission set an Informal Public Hearing Date of September 26, 1988 for consideration of the Preliminary Plat of PACE Addition. III. INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT APPLICANT: Greg Malik LOCATION: 1900 Douglas Drive REQUEST: Approval of a Conditional Use Permit to Allow for Marine Engine Repair and Boat Storage in a Commercial Zoning District Chair Prazak introduced this agenda item and asked Director Grimes fora review of the staff report. He noted that the Zoning Code had recently been amended to allow marine engine repair as a conditional use in the Commercial Zoning District at the request of the proponent: Director Grimes also .reviewed the conditions which staff suggested be attached if the Planning Commission recommended approval F ~ 'S!1 Minutes of the Golden Valley Planning Commission September 14, 1988 Page 2 of the conditional use permit. He noted that this gas station was built before the current setback codes were established and therefore was non-conforming in terms of setbacks from the property lines. Director Grimes stated that Public Works Director Lowell Odland suggested the number of boats being parked on the property for repairs be limited to three rather than four as suggested in the staff report. Director Grimes also noted that only Mr. Malik's 38 foot boat would be stored on the property. Chair Prazak asked what the rationale for limiting "for sale" signs on the boats and whether or not boats could also be stored inside the gas station. Director Grimes stated the Zoning Code did not allow for the sales of boats or cars at service stations. He also noted that boats could be stored inside the building. Commissioner McCracken-Hunt said she agreed with the Public Works Director that the number of boats on-site for repair be"limited to three. Commissioner Leppik asked what the Zoning Code said about parking up to the property line. Director Grimes said that because the building was constructed before any setbacks were established that it was legal non-conforming parking. Commissioner McAleese asked if the City Attorney had been consulted regarding what the Zoning Code states regarding expansion of a legal non-conforming property. Director Grimes stated he had not talked to the City Attorney but had had reviewed this matter with Director of Inspections Lloyd Becker. Mr. Becker had indicated he felt that by going through a Conditional Use Permit the City Council would have a chance to review it and make a decision about expanding a non-conforming use. Commissioner Kapsner asked if the proponent could repair vans, motorhomes, delivery trucks, etc. Director Grimes said he could but if there were too many large trucks on the property it could be a problem. Mr. Greg Malik, the proponent, was present. He stated he had been repairing boats on his property for a number of years and that boats that come in for repair are only there for about two to three days. Chair Prazak opened the Informal Public Hearing. Hearing and seeing no one, the Informal Public Hearing was closed. Commissioner Leppik stated she agreed that the number of boats on the property and anytime should be limited to three and that it should be made clear that they are there for repairs only and not storage. Mr. Malik agreed stating that he does not want his space tied up with boats just sitting there and. if it takes extra time to get parts for the, boats, he tells the customer to take the boat home and bring. it back when the parts come in. Minutes of the Golden Valley Planning Commission September 14, 1988 Page 3 Commissioner McAleese asked how many parking spaces there were. Director Grimes noted that the site plan showed 12 spaces but said four spaces would be lost when the boats were parked for storage. Commissioner McAleese said hi concern was that the station did not meet the Zoning Code requirements for parking at a gasoline station and was very uncom- fortable with this expansion of a non-conforming use. He said he felt it was not legal and the Commission was totally ignoring the Zoning Code requirements that apply to a gasoline station. Commissioner McAleese felt that the applicant should go to the Board of Zoning Appeals to get a variance. He also stated he was willing to go along with this use if the number of boats parked on the site for repair were limited to three instead of four. Commissioner McCracken-Hunt said she was uncomfortable about the setbacks to the residential area but that, although they had received a notice of this hearing, no one in the neighborhood had shown up to express their views. It was moved by Commissioner McCracken-Hunt, seconded by Commissioner Leppik and motion carried unanimously to recommend City Council approval of a Conditional Use Permit to allow for marine engine repair and boat storage at 1900 Douglas Drive in a Commercial Zoning District subject. to the following conditions: 1. No more than three boats that are being serviced for engine or electri- cal repairs may be stored on the site as shown on the site plan on file with the City of Golden Valley. This storage shall be limited to April 1 to November 1 of each year. 2. No boat parked for engine or electrical repairs shall be larger than 22 feet. 3. No boats shall display a "for sale" sign. 4. One large (38 feet) boat on trailer may be stored north of the service station as indicated on the site plan. 5. This Conditional Use Permit is subject to .review by the City Attorney and his recommendation to go the. the Board of Zoning Appeals for approval. 6. Any failure to comply with one or more of the conditions of approval shall be grounds for revocation of the conditional use permit. iV. INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT APPLICANT: Faith Temple LOCATION: 1501 Xerxes Avenue North REQUEST: Approval of a Conditional Use Permit to Allow for a Child Day Care Center at Faith Temple in an Institutional Zoning District Minutes of the Golden Valley Planning Commission September 14, 1988 Page 4 This agenda item was introduced by Chair Prazak and a review of the staff report was given by City Planner Beth Knoblauch. City Planner Knoblauch indicated there was a need for additional day care in Golden Valley and felt it would not have any negative effect on the surrounding neighborhood. She noted that the conditions attached to the staff's recommendation for approval were standard. Mr. John Foster was present to represent the applicant. He stated they would care for 29 infants and toddlers at the day care center. Mr. Foster also indicated that they have a large room for indoor play and were working on an outside play area which would be fenced in. Chair Prazak asked if it was a non-profit or for-profit business and Commissioner McCracken-Hunt asked if they were planning to provide meals. Mr. Foster said it was for non-profit and was going to be operated by himself and the church. He also stated that the kitchen had been remodeled and could be used to provide meals but .their present plan was to perhaps have food catered in. Commissioner McCracken-Hunt said it was her feeling that there was a definite need for day care for infants and toddlers. Commissioner Lewis asked what hours the day care center would operate and if it was open to anyone. Mr. Foster stated they planned to be open from 6:30 a.m. to 6:30 p.m. and that the day care was open to anyone, not just members of the church. Chair Prazak opened the Informal Public Hearing. Hearing and seeing no one, the hearing was closed. After a brief discussion it was moved by Commissioner Leppik, seconded by Commissioner McAleese and. motion carried unanimously to recommend City Council approval of a Conditional Use Permit to allow for a day care center at Faith Temple, 1501 Xerxes Avenue, in an Institutional Zoning District subject to the following conditions: 1. The day care center be limited to 29 children. 2. The day care center be operated in the area shown on the site plan and building plan on file with the City of Golden Valley. 3. The day care center receives all other necessary permits from the State and from the City of Gol-den Valley before operation begins. 4. Any failure to comply with one or more of the conditions of approval shall be grounds for revocation of the Conditional Use Permit. 1 Minutes of the Golden Valley Planning Commission September 14, 1988 Page 5 V. REPORT ON BZA, CITY COUNCIL AND HRA MEETINGS Brief reports were given on the following meetings: August 2, 16 and September 6, 1988 City Council meetings. August 9, 1988 HRA meeting. August 9, 1988 BZA meeting. The meeting was adjourned at 8:20 p.m. 1 1