08-24-98 PC Minutes;~ ~_~ ~,
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Minutes of the Golden Valley
Planning Commission
August 24, 1998
The regular meeting of the Planning Commission was held at the Golden Valley City Hall,
Council Chambers, 7800 Golden Valley Road, Golden Valley, MN. The meeting was called to
order by Chair Pentel at 7pm.
Those present were Chair Pentel, Commissioners Groger, Johnson, Kapsner, Martens,
McAleese, and Shaffer. Also present were Mark Grimes, Director of Planning and
Development; Beth Knoblauch, City Planner, and Mary Dold, Administrative Secretary.
Approval of Minutes
MOVED by Kapsner, seconded by Martens and motion .carried unanimously to approve the
August 10, 1998 minutes as submitted with the correction that Commissioner Johnson did not
attend the August 10 meeting.
Informal Public Hearing -- Conditional Use Permit (CUP) (No. 74)
Applicant: Tom Malik (Citgo Service Station)
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Address: 601 Boone Avenue North, Golden Valley, Minnesota
Request: To allow for the upgrade of an existing service station in the
Commercial Zoning District. The applicant is proposing to change
the direction of the gas pumps and canopy from an east-west
direction to a north-south direction.
Director Grimes summarized the report noting that the existing gas station predates the current
city code; therefore they must obtain a CUP in order to do any changes to the site. Grimes next
reviewed a colored site plan noting where the setback lines are located and briefly noted that
the applicant would be going before the Board of Zoning Appeals at its August 25 meeting to
address needed variances. He next reviewed the 10 conditions as outlined in City Planner
Knoblauch's memo dated August 20. He specifically reviewed item 4, noting increased traffic
on Boone and Highway 55 due to traffic wanting to avoid I-394. He reviewed the site plan
noting the new driveway out to 7th Street. Grimes briefly discussed the two driveways onto
Boone, noting specifically the most southerly driveway being very close to Highway 55 and the
problems that the service station encounters with backup due to cars not being able to get out
onto Boone. Grimes told the Commission that the applicant needs this southerly driveway for
bulk gasoline deliveries.
Grimes said that staff is recommending approval of the CUP request and read the conditions
upon approval.
Chair Pentel asked about condition 5 concerning parking vehicles inside the building at night.
She believes people like to have the opportunity to drop off their vehicles the night before at
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Minutes of the Golden Valley Planning Commission
August 24, 1998
Page 2
service stations and this condition may create a hardship by not allowing a certain number of
cars to be .parked outside. Grimes said this item could be discussed with Mr. Malik. He added
service stations usually park its tow truck inside the building overnight. Pentel said that she
does not have a problem with outside parking of customer cars overnight.
City Planner Knoblauch said that one concern is that this is not a residential area and there is a
lot of movement because it intersects with Highway 55 and Boone Avenue. Grimes noted that
there is available space on the site to add parking, and added that the applicant could address
this issue.
Commissioner Martens asked whether there had been any thought about the movement on the
northerly driveway, on Boone, given the increase in traffic with the new pumps, and would it
become hazardous for vehicles to turn in and out of this driveway. Grimes said this is a
problematic situation and has been created over the many years of operation. He added that
the Engineering Department would like to see driveways a certain number of feet from any
corner.
Martens asked about the site plan showing the driveway going out to 7th Street as a one-way
and could this be a two-way driveway. Malik told Grimes that this is indeed atwo-way driveway
and is unsure why it was marked as a one-way driveway on the plan.
Commissioner Kapsner asked if there has been any talk from the State about updating this
particular intersection. Grimes said that MnDOT has probably done the best job possible given
the situation they had to work with. He believes the intersection of 7th and Boone is much
better since the installation of the traffic lights.
Pentel asked if the applicant would be moving its gas containers. Grimes said yes.
The applicant, Tom Malik, 601 Boone Avenue North, came forward. He told the Commission
there should be an increase in traffic generation because there would be more fueling stations
on each gas pump. Malik said the new design eliminates one pump so there would be three
pumps with six pumping stations. He said the upgrade would make the station look more like a
1990's station than a 1960's service station.
Malik commented on the conditions, specifically noting no. 6 which talks about putting the
dumpsters in the service bays at night. He said the dumpsters are heavy and if they need to be
stored inside at night, vehicles could not. Malik pointed out that the surrounding area is
business in nature and other neighboring businesses have dumpsters outside.
Pentel asked Malik about condition no. 5 and being able to park on the site. Malik said that
customers do like to drop their vehicles off the night before.
Commissioner Groger asked the height of the new canopy in relation to the existing one. Malik
noted the existing one is 11.6 feet and the new one would be 12 or 13 feet in height. He added
that the height would accommodate semi-trucks. He also commented that the existing canopy
es damaged and ugly.
Minutes of the Golden Valley Planning Commission
August 24, 1998
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Groger asked the hours of operation... Malik said Gam-9pm.
Pentel asked how the canopy would be lighted; Malik said from underneath, and there would be
logo signage on the canopy. Grimes said that the signage would need to meet the standards of
the sign code.
Martens commented that the canopy lights could be troublesome to those driving by. Malik said
that he sees the other side of the situation in that the older customers want lighting to feel safe..
Martens asked if the lighting would be directed out. Malik said the lighting would be directed
down and would be using new technology on the market.
Shaffer suggested that there is space on his lot to create a trash enclosure so he would not
have to put it into the building or use parking spaces. Malik asked if he was referring to placing
the dumpster in the green area. Grimes stated that there is excess green space on the site.
He reminded the Commission that it is the Board of Zoning Appeals who should address the
dumpster, but the Commission could make a recommendation that the applicant provide an
enclosed dumpster on the site.
Shaffer asked about the storage of tires. Malik said they are removed monthly. Shaffer noted
that if there were a dumpster enclosure it could be used for recycling and garbage. Malik asked
what kind of fencing is required. Knoblauch said code states that it must be a solid building.
Martens asked if it would need to have footings. Knoblauch commented that code sates that it
has to be a permanent structure. Knoblauch then read from city code, section 11.30, subd. 5.
Shaffer asked if it needed a roof. Knoblauch said yes per code requirements.
Commissioner Johnson said she could understand the applicant's frustration in that the service
station across Boone is in violation of the code concerning the trash enclosure. Staff had
commented the City does not have the manpower to investigate all code violations and some
go undetected.
Grimes told the Commission that all new buildings require trash to be housed within the
building. Kapsner noted that not all buildings are located in the Commercial Zoning District, so
there may be different requirements for different businesses.
Malik told the Commission that all he is doing is upgrading the canopy and not touching the
building. He said to add a dumpster building would be very expensive.
Kapsner suggested leaving the requirement the way it is and putting the dumpster in the bay.
Malik said then customer vehicles would be left outside.
Grimes said the applicant would be appearing before the BZA and he could then request not to
have a roof over the structure or even do without a structure at all. Pentel agreed that this was
a reasonable option.
Grimes asked if the Commission would like staff to investigate how other cities handle this
situation. Shaffer said this would be a good idea.
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Minutes of the Golden Valley Planning Commission
August 24, 1998
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Martens was concerned about the request going forward without the Commission seeing a
drawing of how the new canopy would look. Knoblauch commented that-staff believed that
because this request was not near a residential area and because of the location, a drawing
was not essential. Martens commented that lighting is an issue and should be reviewed.
Pentel agreed with staff, because it was not near a residential area there is little concern about
lighting.
John Dazurski, representative for Malik, commented that in Bloomington and other areas, trash
is put behind wooded fences and gated. Mr. Dazurski talked about the new lighting techniques
on the market and noted the one put in a Roseville service station. Grimes said he is familiar
with the Roseville service station and the lights do not give out any glare and the lighting is not
overwhelming in brightness.
Pentel opened the informal public hearing; seeing and hearing no one Pentel closed the
informal public hearing.
Kapsner suggested that condition 5 be eliminated on the need to bring vehicles inside
overnight. Grimes asked the applicant if there have been any vandelism problems. Malik said
there have been no major problems and that the station is responsible for any damage to cars
by being left out overnight. Pentel agreed to dropping condition 5.
Groger said to keep condition 6 concerning the trash enclosure and recommend to the BZA that
the applicant have a trash enclosure but reduce the requirement, such as having some kind of
screening, because of the location of the site. Johnson agreed.
Pentel commented that afenced-in trash area could help improve the site along with the new
canopy.
Commissioner McAleese said that a variance is granted because of a hardship and that cost is
not justified as a hardship. He believes in this case, cost is a reasonable hardship. He
suggested that the Commission may want to review the code to address the two different
circumstances of old and new.
McAleese suggested that the applicant construct a brick structure but be given a longer time
frame to complete it. Dazurski talked about the loading and unloading of the dumpster itself in
that some trucks have difficulty maneuvering the dumpster resulting in a damaged roof or
building.
MOVED by McAleese, seconded by Groger and motion carried unanimously to recommend to
the City Council approval for a Conditional Use Permit for the site at 601 Boone Avenue North
with the conditions stated below, excluding condition 5 as noted in the staff memo and that an
amended site plan show atwo-way driveway out onto 7th Street.
1. The Board of Zoning Appeals shall approve any necessary variances, or the owner shall
agree to any remedies required by the BZA, before final approval is granted by the City
Council.
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2. The site plan dated 7/28/98 shall be made part of the CUP as approved, or any changes
that may be required by the Board of Zoning Appeals (BZA) shall be incorporated into an
amended plan submitted by the applicant for permit attachment.
3. All servicing and repair work shall be done either at the gas pumps or within the service
bays, as appropriate.
4. There shall be no change in the basic use of any areas within the building except for
company administrative or storage uses, without first formally amending the conditional use
permit.
5. As required by the BZA on August 25, 1998, an uncovered trash enclosure, with a door,.
shall be constructed. The trash enclosure must be located on the site, which does not
require a variance. The trash enclosure must be completed by June 1, 1999.
6. Failure to comply with any of the terms of this permit shall constitute grounds for revocation.
III. Meetings of the City Council, Housing and Redevelopment Authority, and
Board of Zoning Appeals
Groger commented on the City Council meeting he attended regarding Taco Bell, the Golden
Hills West 4th Addition Subdivision and the Preliminary Design Plan for PUD 78. Knoblauch
also made comments about this meeting which she attended.
IV. Other Business
No other business was addressed.
V. Adjournment
Pentel adjourned the meeting at 7:45pm.