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11-27-95 PC Minutes123...:.. Minutes of the Golden Valley Planning Commission 1 November 27, 1995 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 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, Lewis, McAleese Pentel and Prazak; absent was Kapsner. Also present were Mark Grimes, Director of Planning and Development; Elizabeth Knoblauch, City Planner and Mary Dold, Planning Secretary. Approval of Minutes -October 9, 1995 MOVED by Pentel, seconded by McAleese and motion carried unanimously to approve the October 9, 1995 minutes as submitted. Informal Public Hearing -Conditional Use Permit Applicant: Schumacher Wholesale Meats, Inc. Address: 1114 Zane Avenue North, Golden Valley, Minnesota 1 Request: To allow cooking and heating of food items in the Light Industrial Zoning District. Beth Knoblauch, City Planner, gave a brief summary of her report to the Commissioners dated November 20, 1995 commenting that the previous report from November 16, 1993 had not changed other than the odor control devices are different. Schumacher Meats is proposing to install a catalytic afterburner instead of using a charcoal filtering system to control undesirable odors which may escape the site. The applicant is proposing to add a cooking and heating processing line to make pasties and other similar food items. , Ms. Knoblauch reviewed the ten "Factors for Consideration". The 7th factor reviewed was the only one which could have some. bearing on the cooking and heating of foods which may cause an odor. Staff cannot assure that there will be no odor. Ms. Knoblauch reviewed the staff recommendations commenting that the "activated charcoal filter" is not going to be used with the new system and therefore this language should be eliminated from condition no. 4. Staff's recommendation is for approval of the CUP. Commissioner Lewis asked if the Inspections Department has reviewed the catalytic afterburner. Ms. Knoblauch commented that this kind of system is not being used in Golden Valley so the Inspectors have not been able to visit a site for review. The expert on the afterburner was to be present but couldn't make it because he lives on the east coast. Matt Schumacher, representative for his father and owner of Schumacher Wholesale Meats, Inc., John Schumacher introduced himself, his father and Mr. Red Fleming who is in charge of their cooking operations. Matt Schumacher talked about the charcoal filtering system and the catalytic afterburner commenting that. the two do not need to work together and only the afterburner would be used. He talked about the market and the need to add this product line to the business. Mr. Fleming talked about the cooking operation of pasties. x.24 Minutes of the Golden Valley Planning Commission November 27, 1995 Page Two Chair Prazak asked how many pasties would be processed each day. Mr. Fleming said about 500- 1,000 pounds would be a good day. Commissioner Pentel asked if the recommended hours of operation by staff of lam-3pm would be a hardship. Mr. Fleming said no. Matt Schumacher stated that after a certain time has elapsed, which revealed no odor problem, he would like to have the opportunity to come back to the City and have the permit amended to allow for longer hours of operation. Mr. Schumacher passed out pictures (before and after) of the afterburner in use by another company, revealing the amount of exhaust being released. He reviewed a report on the air quality efficiency of the afterburner which was sent by the Friedrich Metal Products Co. Matt Schumacher commented that there is a need to balance the interest of the company and that of his neighbors; the company has a need to produce a product and the neighbors have an interest to breath clean air. Commissioner Groger asked the applicant what the cost would be to install the afterburner. Mr. John Schumacher said that the unit itself will cost approximately $45,000 - $50,000 and with installation it could cost as much as $75,000. Chair Prazak asked if anyone else was using this equipment. Matt Schumacher commented that the afterburner is being used in Washington State and on the east coast. Commissioner McAleese questioned the applicant about the maintenance of the afterburner. Matt Schumacher said they would have to get the information on how often the unit would have to have maintenance performed on it. Chair Prazak opened the informal public hearing. Jay Eisenberg, 1119 Welcome Avenue North, said the main issue is odor control and does not want the potential problem of odor in the neighborhood. Mr. Eisenberg read from a letter which he handed to staff and has been placed in the CUP file. Ann Bennion, 1125 Welcome Circle, recapped Mr. Eisenberg's comments and presented the Commission with an outline of neighborhood recommendations which has been placed in the CUP file. She talked about wanting to work with Schumacher and the City. Ms. Bennion listed the neighbors concerns of odor, property values and of a precedent being set regarding acceptable odor. She outlined the neighbors recommendations. Charlie Lazer, 5620 Phoenix Street, is against the granting of the CUP which may set a precedent regarding odor. He also commented that Mr. Schumacher said, when he bought the building, he would not be doing any cooking. Mr. Lazer asked what the applicant would have to do in order to have the hours extended. Chair Prazak told Mr. Lazar that Mr. Schumacher would have to amend the permit which would require going through the Planning Commission informal public hearing and City Council public hearing. 1 1 1 Chair Prazak announced that he had received correspondence from the Halloran's, located at 5735 Golden Valley Road, who oppose the request for a CUP and also a letter from Mr. John Richter, 5905 Golden Valley Road, who is in favor of the Schumacher request. 125` Minutes of the Golden Valley Planning Commission November 27, 1995 Page Three Sharon Allanson, 1114 Welcome Circle, commented that Mr. Richter is nova homeowner and that he has a business in the area. Connie O'Brien, 5805 Golden Valley Road, asked staff what would happen if Mr. Schumacher sold his business. City Planner Beth Knoblauch commented that the new owner would have to keep to the conditions outlined in the permit or come back to the City to amend the permit if the operation or footprint of the building changed. Matt Schumacher commented that he feels his business is being discriminated against since Mui Li Wan and Denny's were not required to have any odor control devices. Chair Prazak closed the informal public hearing. Mr. John Schumacher talked about. Feinberg and what happened 30 years ago. He commented that 30 years ago he said he wouldn't be doing any cooking but that industries and situations change. Commissioner Johnson asked Mr. Schumacher about his neighbor's recommendations. John Schumacher commented that he believes the hours of operation of 10am to 3pm are too restrictive and he should not have to put up a bond to insure that the equipment functions as advertised. Chair Prazak asked staff if there was a measurement system to check particulates. City Planner Knoblauch said there are devices available but staff is unaware of what the cost of equipment would be to test particulates. Commissioner Lewis asked if there is anything in the area that is similar to what Schumacher is proposing. Matt Schumacher said that there is a coffee store in south Minneapolis that has a unit but not with an catalytic afterburner. Ms. Lewis would like some kind of assurance from the applicant, staff, or some other source that an odor problem can be handled. Commissioner Pentel commented that she does not see anything different with the Schumacher request from that which was presented in November of 1993. The only difference is the replacement of the catalytic afterburner with the charcoal filtering system. Mark Grimes, Director of Planning and Development said that the Building Inspectors are not scientists regarding the afterburner; they will be able to read the material but they do not have the expertise in this area. Mr. Grimes thought maybe the. City Sanitarium could make comments on this unit. Chair Prazak would like to have an Inspections Department report available for City Council review. Chair Prazak was also concerned with the cost to the City for testing of odor. His suggestion would be that alternative methods of measurements be studied and the applicant come back to the Council in the next six months. Commissioner Johnson talked about noise levels and when they become intolerable, complaints come to City Hall from the neighbors. Ms. Johnson believes that if an odor problem arises, the neighbors will call City Hall to complain. Chair Prazak asked staff that if the permit is,granted and odor becomes a problem can the permit be revoked. City Planner Knoblauch said that staff would need to talk with the City Attorney. She Minutes of the Golden Valley Planning Commission November 27, 1995 Page Four continued by saying that there does need to be some language in the permit; by adding a condition that says "there will be no odor" is unacceptable -- odor has particulates which can be measured: Planning Director Grimes said one of the conditions could say that there needs to be at least 98% removal of particulates and if that doesn't occur then there may be grounds for revoking the permit; there needs to be specific conditions in order to revoke a permit. Chair Prazak asked if the Commission could recommend a condition be added that there be regular measurement testing done. Mr. Grimes commented that the conditions could reflect that these kinds of checks be performed every three to six months. Mr. Grimes told the Commission that the City would like to have the right to review maintenance records. The manufacturer will be contacted to determine how often testing should be done. Commissioner Groger felt that 100% removal of particulates is an unrealistic goal. Mr. Groger liked the neighbor's recommendations but did not feel that there needed to be a bond taken out and that the afterburner will probably have a routine maintenance check done. Commissioner Groger wanted to go on record that he likes the concept of the 98% objective form of measurement for particulates. MOVED by Groger, seconded by Pentel and motion carried unanimously to recommend to the City Council approval for a Conditional Use Permit for the property located at 1114 Zane Avenue North to allow cooking and heating of food items in the Light Industrial Zoning District with the following changes to the conditions. Condition No. 5 -Delete charcoal filters from this condition. Charcoal filters are not going to be used Add a new condition that talks about some objective form of measurement-for odor testing.. Commissioner Johnson was pleased to see the applicant's willingness to work with the neighbors and the neighbors recommendations and willingness to work with the applicant. V. Rgports on Meetings of the Housing and Redevelopment Authority., Citv Council, Board of Zoning Appeals, Community Standards Task Force, and Valley Square Task Force Mark Grimes gave a brief summary of the planning items that came before the City Council on October 17 and November 14. Mr. Grimes also updated the Commission on the HRA meetings in October and November Commissioner Groger updated the Commission on the Task Force findings. VI. Other Business No other business was reported V. Adjournment Chair Prazak adjourned the meeting at 9:15 PM. C J an Lewis, S cretary ..~` 1 1 1