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06-28-93 PC Minutes~~~ ~» 1 1 ** June 14, 1993 -- No meeting due to the lack of an agenda. MINUTES OF THE GOLDEN VALLEY PLANNING COMMISSION June 28, 1993 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chamber, 7800 Golden Valley Road, Golden Valley, Minnesota. The meeting was called to order by Vice-Chair Johnson at 7:00 PM. Those present were Commissioners Groger, Johnson, Kapsner, Lewis, McAleese (arrived 7:05), Pentel and Prazak. Also present were Mark Grimes, Director of Planning and Development; Beth Knoblauch, City Planner; and Mary Dold, Secretary. I. ~proval of Minutes - May 24, 1993 MOVED by Kapsner, seconded by Groger and motion .carried unanimously to approve the May 24, 1993 minutes as submitted. II. Informal Public Hearing - Minor Subdivision Applicant: Dr. Daniel Ahlberg Address: 4440 Tyrol Crest, Golden Valley, Minnesota Request: Consolidate three lots into one Beth Knoblauch, City Planner, reviewed her memo dated June 23, 1993 with the Planning Commission, specifically commenting that this meeting was to review only the request for a minor subdivision. (combine three residential lots into one lot) -- residents' concerns regarding the tennis court are not addressed in the memo because they are not relevant to the request being considered. Commissioner Kapsner asked if the Commission's action tonight is a legal necessity to so because of the tennis court. Ms. Knoblauch commented that no legal action is necessary regarding the tennis court. Daniel Ahlberg, applicant, talked about the need for repair on the house and property. Mark Kemper of Kemper Associates (surveyor) answered questions regarding the boundary lines. Ms. Knoblauch asked if the monuments marking the new property line resulting from MnDots I-394 taking were done by him and he answered yes because MnDOT does not set markers. Dean Bailey, landscape architect, talked. about the setback requirements, court location and related items, and landscaping. Commissioner Lewis asked about tennis court lighting. Mr. Bailey commented there would be low level lighting. Dr. Ahlberg commented that the court would be used as an all-purpose court with a basketball hoop and practice board; there are no plans to use this court as a tournament court or for playing tennis late at night. Chair McAleese opened the informal public hearing. ~~ Minutes of the Golden Valley Planning Commission June 28, 1993 Page Two Dr. Myer Leonard, 1340 Fairlawn Way, commented on the "Planning Commission Guidelines for Public Input", pertaining to the language of "adverse use" and feels this would be an adverse use to the neighbors, objects to Dr. Ahlberg's back yard facing the neighbor's front yard, questions the low lighting for the tennis court and what will this use do to the area that the neighbors have chosen to live in. Pat Leonard, 1340 Fairlawn Way, commented that the former property owner, Mr. Griswold, kept his yards beautiful; now there is dirt coming from the corner; does not want to hear ice hockey pucks; does not want traffic up and down their road and feels neighbors will be against each other. Paul Lynch, 4520 Avondale Road, recommends the Planning Commission reject this application; felt staff conveyed the message that this application request is a done deal; asked about height of fencing; asked about height of lighting and how long the lighting could stay on. Mr. Lynch requested six things: 1) rejection of application, 2) permission to speak at the City Council meeting, 3) all work stopped, 4) copies of all applicable ordinances, 5) information on height of lights at the court and 6) if ordinance approved - would like City to update or re-evaluate the outdated ordinances that would allow the construction of the tennis court. Mr. Lynch talked about the residue that comes down the street from this property, because of the construction work, when it rains and feels land is eroding. Chair McAleese commented on Mr. Lynch's remark of this application being a "done deal": the Planning Commission has not discussed this request among themselves. Staff's comments that the tennis court is allowed under the existing ordinance may be what Mr. Lynch is referring to as a "done deal". Ahmed A. Sonbol, 1420 Fairlawn Way, commented on the City notification, that it only mentioned the consolidation and not the tennis court or swimming pool. Questioned whether the construction is crossing easements; was concerned about a back yard being a front yard in his neighborhood; feels it is an implied right as to what to expect across the street and this request violates their right. He questioned Dr. Ahlberg's back yard as being a multipurpose use, the noise level and how late play will occur; feels chain link fence will affect the value of homes in the area; feels the "village feeling" will turn into a commercial compound if tennis court built. Charlotte Leonard, 1430 Fairlawn Way, turned in two letters from residents who could not attend the meeting; these will be placed in applicant's file and will be given to the City Council. She wants to know how Dr. Ahlberg can assure the neighbors the facility will not be used late at night; spoke about the Planning Commission Guidelines and whether the proposed use will or will not affect the surrounding neighborhood and feels the tennis court will adversely affect the neighborhood. Bill Feist, 1320 Fairlawn Way, is upset about past construction along I-394 and the lack of notice from the City regarding the proposed tennis court. He has listed his house for sale and hopes the tennis court construction will not pre- sent a problem, believes this is a neighborhood problem. Chair McAleese com- mented that the City did not have to notify residents about the tennis court because the request was conforming with City Code. 1 1 1 ~'~;. .. Minutes of the Golden Valley Planning Commission June 28, 1993 Page Three Thomas Deans, 1401 June Avenue suppo rts Dr. Ahlberg's request. He feels the property was not maintained properly -the grass was cut but trees needed work; feels the tennis court will not be disruptive and the landscaping will help impact against any noise. Mr. Deans feels the project will increase property values. Dr. Leonard asked what would prevent Dr. Ahlberg from placing a bubble over his tennis court. City Planner, Beth Knoblauch, commented that according to City Code a bubble would qualify as an accessory build ing, and the maximum size for such a building in a residential zoning district is 1,000 sq.ft. Dr. Ahlberg commented that he appreciates the neighbors concerns but feels many arguments against the tennis court are hypothetical and are extreme arguments. Chair McAleese closed the informal public hearing. Commissioner Kapsner commented that he assumes that the City Council will want to know how the Planning Commission feels about issues that the residents have raised. Ms. Knoblauch stated that if the Commissioners felt strongly about the matter it would be appropriate to add a recommendation for staff to review city code and make changes, if needed, so any future .questions regarding tennis court issues or back yards would be answered in the city code. Commissioner Kapsner feels the neighbors have real concerns regarding the silt running down the street but this will only be temporary. He feels Dr. Ahlberg is correct in saying that when kids -play they make noise, this is not a neigh- borhood problem. He feels there may need to be an ordinance regarding someone's back yard facing a front yard. Commissioner Kapsner commented that people do have rights with their property. He commented on the fencing by saying that 10 foot trees would front the fence along with other trees that will continue to grow. He recommends approval of the lot consolidation and ordinances do not need to be expanded in the City. Chair McAleese feels the tennis court light ing may be a real problem in a resi- dential area. Mark Grimes, Director of Planning and Development stated that Mr. Becker, Director of Zoning and Community Services, said City staff would have to see a lighting plan and it would have to be approved by the Inspections Department. Chair McAleese questioned staff about where the dirt that the residents are complaining about is coming from. Mr. Grimes commented that some of the silt is coming from around .the corner where MnDot has been working and the silt from the subject property should be eliminated once sod is in place. Ms. Knoblauch com- mented that the City Engineer has approved the grading plan and drainage is ade- quate for the site. Chair McAleese commented on Mr. Lynch's six requests: that he would be allowed to speak at the City Council hearing; the City cannot tennis court; he can get copies of the ordinance from stop construction of the the Planning Department; there are no lighting standards for the tennis court; and when the project is completed the drainage should be the same as before or better. Chair McAleese commented on the Planning Commission Guidelines and the Planning Commission is bound by City ordinances which take precedence over the Guidelines. ~0 Minutes of the Golden Valley Planning Commission June 28, 1993 Page Four Chair McAleese feels there is an implied covenant to maintain the character of the neighborhood and the City should work hard to maintain this character. People do have some property rights. The consolidation meets the requirements of the ordinance but Chair McAleese does not feel this is a good idea to put in the tennis court but is perfectly legal for Dr. Ahlberg to do and will support the application for a minor subdivision. Commissioner Pentel agrees with the application for consolidation but feels the City needs to look at back yards that are across from front yards and what can and cannot happen in these back yards. Commissioner Johnson agrees with the approval for the subdivision. Commissioner Prazak commented that there appears to be a carefully designed ten- nis court and the owner is concerned about the neighbors; is in favor of the consolidation. Commissioner Groger commented that the City does have setback requirements which Dr. Ahlberg's tennis court does conform with; feels the quality of the plan is well conceived and feels if more ordinances are implemented will just make City living more difficult; approves of the consolidation. Commissioner Lewis commented that the request meets all the requirements and supports the request for a subdivision. MOVED by Kapsner, seconded by Lewis and motion carried unanimously to recommend to the City Council approval for a minor subdivision to combine three lots into one. III. Informal Public Hearing - Amendment No. 3 to P.U.D. No. 44 Applicant: Roy Wirth (PEM Millwork Addition) Address: 800 Mendelssohn Ave. No., Golden Valley, Minnesota Request: Amend P.U.D. No. 44 to allow parking, storage and rental of moving vans Mark Grimes gave a brief summary of .his memo to the Planning Commission dated June 24, 1993. Staff recommends approval of the amendment to P.U.D. No. 44 that would allow up to six 26' to 30' trucks or vans to be parked on the site for rental purposes along with four conditions which are outlined in the Conditional Use Permit. Commissioner Pentel asked in which parking lot would the trucks/vans be parked. The applicant, Roy Wirth, commented that the trucks/vans would be parked in the rear of the Pem Millwork building. Chair McAleese opened the informal public hearing, hearing and seeing no one he closed the informal. public hearing. 1 1 1 Chair McAleese supports the request for an amendment to P.U.D. No. 44. He would like staff at some future meeting to explain the philosophy of why a P.U.D. is used for certain requests. 21 Minutes of the Golden Valley Pl ann5.t-g.^Cbm~ni ssi~~rv~ ~ ~~ '~ June 28, 1993 Page .Five Commiss~i~ner~=Lew~i s~ asked ~:~i f there ~~would~ ~,be sto~a~ge~ "of any haza~rdoaws~ ~mate~i~al~s. Mr. Wirth commented that no chemicals will be stored.. MOVED by Pentel, seconded by Johnson and motion carried unanimously to recommend to the City Council approval of the request for an amendment to P.U.D.. No. 44 to allow parking, storage and rental of moving trucks/vans at 800 Mendelssohn Avenue North. IV. Rye o~rts on Meetings of the Housin and RedeJelopment Authorty,~~ity ^~ oC ur~cil and Board of Zonin ppeals Commissioner Kapsner reported on the HRA meeting he attended on June 15, 1993. Commissioner Lewis attended the City Council meeting of June 1, 1993 and com- mented on the Medicine Lake Subdivision item. Chair McAleese was excused from attending the June 15th City Council meeting due the lack of Planning Commission items. Commissioner Johnson briefed the commission on the most recent BZA meeting. V. Other Business ~ -~ ~;~~ ~ ~ ~~~~~~ No other business presented. VI.~ Adjournment Chair McAleese adjourned the meeting at 9:10 PM. K,, ;~uzQan uewi s, secretary ,~ ,~ r ~~, . ** July 12, 1993 -- Due to the lack of an agenda there was no meeting. ** July 26, 2993 -- Due to the lack of an agenda there was no meeting. ** August 9, 1993 -- Due to the lack of an agenda there was no meeting.