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09-26-95 PC Minutes115 Minutes of the Golden Valley Planning Commission September 26, 1995 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Conference Room, 7800 Golden Valley Road, Golden Valley, Minnesota. The meeting was called to order by Chair Prazak at 7:00 PM. Those present were Commissioners Groger, Johnson, Kapsner, McAleese and Prazak; absent were Lewis and Pentel. Also present were Mark Grimes, Director of Planning and Development, and Elizabeth Knoblauch, City Planner. Approval of Minutes -August 28, 1995 MOVED by Groger, seconded by Kapsner and motion carried unanimously to approve the August 28, 1995 minutes as submitted with the following correction: Informal Public Hearing Item under Address change Northwest Quadrant to Northeast Quadrant. Informal Public Hearing -Conditional Use Permit Applicant: Marcellino Y. Hark Address: 9405 Medicine Lake Road, Golden Valley, Minnesota Request: To legalize the nonconforming gas service station and permit the expansion of the convenience food store in the Commercial Zoning District Mark Grimes gave a brief summary of his report to the Commissioners dated September 22 .commenting on the convenience store, car wash, and easement area to the west of the building. He also told the Commission that Mr. Hark provided the Planning Department and Inspections with a "Hold Harmless" letter because Mr. Hark intended to begin renovations before the Conditional Use Permit would appear before the Planning Commission and City Council. Mr. Hark is aware that he cannot begin his operation until the permit is granted. Commissioner Groger asked if staff was concerned about so much parking to the rear of the building, where there is no store access. Mr. Grimes commented that most of the patrons would be those already pulled up at a pump; signs will be posted to prevent cars from sitting in traffic . areas at the front; landscaping will be added at a "no parking" marked area in the northeast corner of the site to prevent cars from blocking that driveway. Marcellino Hark, applicant, commented that the convenience store/gas station will serve a public good as the only 24-hour convenience store operation in the immediate area. Commission Johnson asked the applicant if he would be supplying the same types of products that the other two local stores provide. Mr. Hark responded that basically yes, but he would also be supplying automotive products; no alcohol will be sold, this is a Union 76 policy.. Chair Prazak opened the informal public hearing. ~~ Minutes of the Golden Valley Planning Commission September 26, 1995 Page Two Steve Halseth, owner of the Westview Liquor Store - 2500 Mendelssohn Ave. No., said he was concerned about the easement being blocked by cars and does not like the idea of local traffic turning off Mendelssohn and driving through to the service station/convenience store by way of his. easement which he maintains. He also believes the car wash will be busy, not permitting any parking in that area. Jagdish Patel, owner of Westview SuperEtte - 2500 Mendelssohn Ave. No, commented that he shortened his business hours due to the lack of business in the early and later hours of the day, so feels there is no need fora 24-hour operation. He also believes that the proposed site is already crowded and pointed out that a Super America proposal for pumps was turned down because of the small size of the lot. Dennis Rock, 2404 Hillsboro Avenue No., stated that he is the president of the Galant Patio Townhome Association. The association feels the area is already well served by two existing convenience stores and does not like the idea of a 24-hour operation in the neighborhood. He also talked about traffic cutting through the two lots (via the easement) to get to Hwy. 169 from Mendelssohn Ave. instead of using the frontage road. He also commented on the need for lighting to the rear of the building for parking and this will illuminate light onto the housing across Mendelssohn to the south. John Gannon, 1532 Boone Avenue North, commented that he supports the proposed use and thinks there is a need for 24-hour convenience goods and sees no basis for concerns voiced by others in the audience. Mr. Hark commented that the gas station has always been open 24 hours. He believes that most of his business will come off of Medicine Lake Road and doesn't expect to see customers he serves cutting through from behind his building. Chair Prazak closed the informal public hearing. Commissioner Kapsner said that he is concerned about parking in the rear but that similar operations don't have convenient non-pump parking and that the few convenient spaces' still do not fill up. Mr. Kapsner said he would not approve this as "new construction" but thinks the situation is different because this is an existing business that just wants to remain effective. Commissioner Johnson asked about rear lighting and staff commented that there is existing lighting on the site. Ms. Johnson also asked about maintenance of easement area to the west of the building. Mr. Hark commented that he did not know the legal responsibilities, but that he and/or Unocal would be dealing with the easement when doing other repairing of the site in the near future. Commissioner Johnson asked the applicant about keeping the easement free from cars. Mr. Hark offered to have the area striped . Commissioner Kapsner recommended requiring "No Parking" signs and the applicant agreed. Commissioner Johnson stated that she is somewhat concerned about adding a third convenience store to the area but not enough to vote against it. She stated that she lives in the area. Commissioner Groger commented that he is not concerned with the parking on the site. He agreed that this proposal would not be acceptable as a new construction, but as an existing business the issues are somewhat different. 117 Minutes of the Golden Valley Planning Commission September 26, 1995 Page Three Commissioner McAleese felt that the front setback issue should be addressed by the Board of Zoning Appeals and would like to see the easement issues resolved before this matter goes before the City Council for approval; if the easement agreement does not contain appropriate language then it should be outlined in the CUP. Chair Prazak agreed with the comments of the Commissioners. He added that the Planning Commission realizes that the addition of this convenience store would create competition for this particular area but it is not the Planning Commission's role to control competition. MOVED by McAleese, seconded by Johnson and motion carried unanimously to recommend to the City Council approval of the Conditional Use Permit for 9405 Medicine Lake Road with the condition that "No Parking" signs be posted in the easement area. III. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals, Community Standards Task Force, and Valley Sguare Task Force Chair Prazak reported on an HRA meeting where he presented Area B recommendations and the HRA suggested that the Planning Commission and HRA meet to discuss recommendations, at an as-yet unspecified date. Planning Director Grimes told the Commission that the former supermarket is now for sale instead of lease. Seasonal Concepts will be using the building for three months. Commissioner Groger updated the Commission on Task Force meetings. IV. Other Business Mr. Dick Curry presented a townhouse concept which would be located at the southwest corner of Golden Valley Road and Douglas Drive (Minnegasco site). Planning Director Mark Grimes commented that the Public Safety Department is concerned because of the location of the propane tanks; this proposal does meet legal distancing requirements. Staff also has concern about the tower on the site. Minnegasco is ready to sell this portion of the property. Mr. Curry commented that at this point he only wanted to know if there was a possibility of approval for the project. He said that if he did not get a flat "no" from the Commission he would proceed with additional studies of market, etc. Mr. Curry said that the townhomes would be priced at $90-$100,000 and a berm of 12' x 20' will be built to the south of the property to buffer the residences from. the tank area. Minnegasco would also like to sell the office building located near the site. Mr. Curry commented that he is not sure what he would do with the office building. He suggested maybe reside it to match the townhomes and it may stay an office building or it could possibly be divided up into apartments. 1~R Minutes of the Golden Valley Planning Comission September 26, 1995 Page Four The Commission told Mr. Curry that the proposed design could be a possibility for the North end of the Minnegasco site. V. Adjournment Chair Prazak adjourned the meeting at 8:25 PM. Lewis, Secretary 1 1