08-25-97 PC Minutes
Regular Meeting of the
Golden Valley Planning Commission
August 25, 1997
A regular meeting of the Planning Commission was held at the Golden Valley City
Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on
Monday, August 25, 1997. The meeting was called to order by Chair Pentel at 7pm.
Those present were Chair Pentel and Commissioners Johnson, Kapsner, Martens,
McAleese and Prazak; absent was Groger. Also present were Mark Grimes, Director
of Planning and Development and Mary Dold, Recording Secretary.
Approval of Minutes -June 23. 1997
MOVED by Johnson, seconded by McAleese and motion carried unanimously to
approve the June 23, 1997 minutes as submitted.
II. Informal Public Hearing -- Rezoning
Applicant: GBC Partners, LLP (Gary and Connie Larson)
Address: East side of Zane Avenue about 400 feet North of TH 55
Frontage Road
Purpose: Rezoning of the property from Open Development to the
Industrial Zoning District. The applicant is proposing to add
this piece of property to the empty at 5828 Olson Memorial
Highway in order to construct an office/warehouse on the site.
Mark Grimes, Director of Planning and Development, gave a summary of the staff
report. He said the request is from GBC Partners to rezone approximately 11,000
sq.ft. of property which would allow for the construction of an office/warehouse type of
building. Grimes reminded the Commission that the applicants appeared before the
City Council earlier this summer with the same rezoning request and a subdivision
request. He said that that the rezoning request was denied by the City Council and
the subdivision request was tabled to a future City Council meeting. Grimes also
added that the Commission had made a favorable recommendation to the City Council
when these two requests appeared on its agenda of June 23, 1997. Grimes told the
Commission that the applicant did appear before the Board of Zoning Appeals on
June 24, 1997 and was granted substantial variances for the building which are still
valid.
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Minutes of the Golden Valley Planning Commission
August 25, 1997
Page Two
He also told the Commission that the Zoning Code has no time frame stipulations
regarding similar requests to be heard again. Grimes said that GBC Partners believe
that they have additional information on its proposal, although essentially the
information submitted in the agenda packet is the same as submitted for the June 23
meeting.
Commissioner McAleese asked Grimes the reasons for denial by the City Council.
Grimes read the minutes from the July 15, 1997 City Council meeting noting Council
Members Johnson and Micks' comments.
Commissioner McAleese commented that this is an unusual case in that it is coming
back to the Planning Commission. He wanted to know if there is anything in the
Zoning Code on how the Commission should view the Council's comments. Grimes
said that the Council made findings and its concerns dealt with issues of the
construction of the building. Grimes also commented that if one is looking at the
proposal on a rezoning standpoint, it is a bit more difficult to articulate because it
makes sense to rezone the small parcel.
Applicant, Connie Larson, co-owner of Golden Valley Supply Company, commented
that GBC Partners are requesting the same rezoning of the proposed property which
was approved by the Planning Commission on June 23. Ms. Larson reviewed the
plans of the building, including a new elevation plan and colored building sketch. She
also reviewed the company's operation, and history of the proposed land including the
FluiDyne property. Ms. Larson reiterated what had happened at the Planning
Commission of June 23 and the Board of Zoning Appeals meeting of June 24.
Ms. Larson introduced Brad Moen of Moen Leuer Construction Inc.
Commissioner Martens asked if a landscaping and grading plan had been submitted.
Grimes said that these plans would be part of the information submitted to the Board
of Building Review. Grimes also said that the Inspections Department would be
reviewing the grading plan and that the Engineering Department has taken a
preliminary look at the site and believes some care will need to be taken when
developed. Grimes also said that the City Forester would look at the site to see which
trees could be saved and what kind of plantings would be viable.
Mr. Moen reviewed for the Commission the newly submitted elevation plan noting that
the neighbors would be shielded from the future building by trees or fences.
Chair Pentel asked how much of the building is exposed to the most northern
residential property owner. Mr. Moen said 12 feet.
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Minutes of the Golden Valley Planning Commission
August 25, 1997
Page Three
Commissioner Martens asked if there would be a retaining wall and Mr. Moen
commented yes and showed on the plan where it would be located on the northeast
side of the building.
Chair Pentel asked where the mechanicals would be placed. Mr. Moen said inside the
building.
Commissioner Martens commented that someone in the future could come along and
place mechanicals on the roof of the building. Grimes said that the City requires
screening for mechanicals on buildings.
Connie Larson noted some of the concerns of the four residents to the east. She
talked about the resident closest to the frontage road being concerned about the trees
and Ms. Goodwin, the second closest neighbor to the frontage road being concerned
about lighting, erosion, sewer capacity and drainage. Mr. Moen said that the building
would be low enough that the residents wouldn't see any lights from the building and
that the dock lighting would be around the corner from the residential properties; the
lighting would be impact. Moen noted that there would be no erosion on the hill
because of the slope of the land and that there would be proper drainage, which will
be done by a Civil Engineer. The applicant noted that they wish to preserve as many
trees as possible. Ms. Larson said that the Edsons, 5804 Olson Memorial Hwy. were
concerned about property values. Larson commented that she had talked to some
realtors who commented that the neighborhood is surrounded by industrial and
office/warehouse and the worst case scenario is not to have anything on the lot.
Connie Larson told the Commission that they are planning to construct a very nice
and beautiful building on the site. Larson said that the Edson's are also worried about
the removal of trees and the applicant has told the Edsons that they would work with
them to get the desired affect, if reasonable.
Ms. Larson commented that the Trettils are worried about the retaining wall and a
south barrier wall. She stated that there is no retaining wall or sound barrier wall at
that end of the property. She talked about a concern of noise and smell and told the
Commission that her company does not manufacture anything. Larson told the
Commission that she and Gary Larson have talked with Council Members Johnson
and Micks and have walked the property with Micks. GBC Partners believes that this
is a win-win situation for the neighbors, City and the applicant.
Chair Pentel opened the informal public hearing.
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Minutes of the Golden Valley Planning Commission
August 25, 1997
Page Four
Georgia Goodwin, 5806 Olson Memorial Highway, said that she has now put up a
fence because she believed that something would be built on the proposed lot. She
said that her concern is about the small forest of deciduous trees that cleans the air.
Goodwin said that this proposal is unfortunate because of the required variances that
were huge. She said that she did not want to see a warehouse in her backyard but
believes that this proposal is the lesser of several evils.
Don Edson, 5804 Olson Memorial Highway, commented that he doesn't want to see
anything on those lots; it is the woods that make the neighborhood. He said his main
concern is property values and that the residential properties will be devalued. He
would like GBC Partners to hire a realtor to do an assessment of what the value of the
homes would be with and without a building on the proposed lots. Edson also told the
Commission that the Zoning Code states a 100 foot setback from residential lots and
there must be some good reason for it and now the applicant has received a variance
for 72 feet and believes this is encroachment onto his property. He questioned
whether the elevation drawing presented at tonight's meeting was to scale. He said
that he was looking for some kind of compensation spread across the neighborhood.
Jim Trettil, 5802 Olson Memorial Hwy., believes that the residential property values
will go down. He questioned whether there would be a retaining wall or fence along
the back property line. Trettil said he was upset with the number of variances
granted. He commented that Leonard Frame bought it for a parking lot and believes
that's all it is. He doesn't believe that anyone cares about the residents east of the
proposed property and is against the rezoning request.
Commissioner Kapsner told Mr. Trettil that the proposed back yard would gradually
slope back to the building and that a portion of the building would be underground.
Kapsner also said that there would be no retaining wall.
Brad Moen explained to the Commission the 3 to 1 slope that would be built and
would be easily moveable. He told the Commission that the elevation plan is drawn to
scale. He said there was no retaining wall and there would be a pine tree backdrop
for the residents to look at.
Commissioner Marten would like the City Council to have a formal landscape plan for
review and would like to have this in the motion. Moen said that a formal plan could
be prepared for City Council review.
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Minutes of the Golden Valley Planning Commission
August 25, 1997
Page Five
Gary Larson commented that the majority of trees to the rear of the residential
properties is on the proposed lots. He said that GBC Partners do not want to push
anyone out and does not want to see property values go down. He believes that once
his business is in place he becomes a neighbor. As stated earlier, GBC Partners
believes that this is a win-win situation. Gary Larson commented that this is a very
difficult piece of property to work with. He also wanted to clarify that Mr. Edson did
give a verbal approval (noting that he would stay neutral on the proposal) when he
and Connie Larson visited with him.
Grimes commented to the Commission that if the four homes and street were vacated,
the area would be approximately 200 x 600 feet (approximately 3 acres). He said he
has calculated that a 40,000 sq.ft. building could be placed on the site with adequate
parking. Grimes said that there are three businesses to the east of the residential lots
that are smaller than the residential lots and driveway. Grimes said that the four lots
and driveway are developable on its own. Commissioner Martens agreed with Grimes
that the residential homes and driveway could be developed for a small user.
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Mr. Edson came forward to comment on his conversation with Mr. Larson on giving his
approval to the proposal. He said that the Larsons showed him a document noting
that they would replace trees but did not want to sign the document because the
document was too vague. He said that he has talked with Council Members Micks
and Johnson and told them that this proposal would be the less of two evils. Edson
would still like to have a realtor do a before and after assessment of the area to
determine market values.
Chair Pentel closed the informal public hearing.
Commissioner Prazak commented that it is difficult to sort out the building plan from
the rezoning and supports the rezoning. He said he was pleased to see the additional
information, i.e. the elevation plan. Prazak said that this is an awkward lot to build on.
He said he reassured by Grimes' comment that the four homes and driveway would be
large enough to develop on its own.
Commissioner Johnson said she supports the rezoning and that it makes sense to
make the lots buildable. She believes that the Larsons have done a good job of
listening to the neighbors and have accommodated everyone with their concerns.
Johnson noted Commissioner Martens comment that there are not a lot of small lots
left in Golden Valley to build on and she believes that this a good proposal for the
amount of space available. Johnson does not believe it is fair to hold the applicants
to what was submitted by Mr. Frame.
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Minutes of the Golden Valley Planning Commission
August 25, 1997
Page Six
Commissioner Martens said that he supports the application and believes that it is a
good design, good use of the area and is sensitive to the land and neighborhood. He
commented on the variances granted and believed they were appropriate in this case
noting the site coverage. Martens said his biggest concern would be the landscaping
and its affect on the neighborhood. He said that the neighbors are being impacted by
the removal of the trees and he would like to see a landscape plan before he voted if
the final decision were up to this Commission and encourages the applicant to have a
formal plan for Council review.
Chair Pentel commented on Mr. Frame in 1989 getting his lot rezoned from Open
Development to Industrial for a parking lot and used it as a wedge, used by Mr. Frame
to get variances for a very large building. She said she sees the rezoning as a way to
further isolate the residential area and views this rezoning as a way to increase the
size of the variances -- the proposed building is very long and 28 feet from the east
property line. She opposes the rezoning of the proposed property.
Commissioner Kapsner said that he had a number of concerns. He believes that the
proposal is not encroaching on the residential area to the east and sees no future
residential use for the proposed property. Kapsner said he sees the long term use of
this area as industrial or office and is the future of the proposed piece of property,
whether it is constructed now or later. He said that the applicants have submitted a
use that is workable, it is not the number one choice, but it is better use than other
choices. Is in favor of the proposal.
Commissioner McAleese commented on the narrow issue of the rezoning and
believes it is appropriate. McAleese said that he attended the City Council meeting of
July 15 and had originally agreed with the City Council's decision but has
reconsidered. He said that he would vote against the rezoning at this time, that
looking at the simple planning standpoint of rezoning makes sense, but believes there
are other development issues.
MOVED by Johnson, seconded by Prazak and motion carried by a vote of 4-2 (one
commissioner absent) to recommend approval of the request to rezone the proposed
property from Open Development to Industrial
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Minutes of the Golden Valley Planning Commission
August 25, 1997
Page Seven
III. Reports on Meetings of the Housing and Redevelopment Authority, City
Council and Board of Zoning Appeals
Chair Pentel gave a report on a BZA meeting. Grimes reported on the Special
Meeting of the HRA regarding a motion for the HRA to acquire properties in the
Golden Hills West Area.
IV. Other Business
A. Attendance Review
Chair Pentel reviewed attendance.
B. State Planning Conference in Rochester, MN
Chair Pentel and Commissioner Martens will be attending the conference.
V. Adjournment
Chair Pentel adjourned the meeting at 8:30pm
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