09-24-01 PC Minutes
Regular Meeting of the
Golden Valley Planning Commission
September 24,2001
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
September 24, 2001. Chair Pentel called the meeting to order at 7pm.
Those present were Chair Pentel and Commissioners Eck, Groger, Hoffman,
McAleese, Rasmussen and Shaffer. Also present were Director of Planning and
Development Mark Grimes, City Planner Dan Olson, and Recording Secretary Lisa
Wittman.
I. Approval of Minutes - July 23, 2001 Planning Commission Meeting
MOVED by Eck, seconded by Shaffer and motion carried unanimously to approve the
July 23, 2001 minutes as submitted.
II. Informal Public Hearing - Property Subdivision (SU10-04)
Applicant: Richard Bonnin
Address: Lots 7,8 & 18, Block 4 Tyrol Hills located at 1407 June Avenue South
and 1408 Alpine Pass, both in Golden Valley, MN
Purpose: The applicant is requesting a subdivision ofthe main parcel of land
in order to create a new lot to be accessed from Alpine Pass.
Grimes reviewed his memo dated September 20,2001 and stated that the applicant is
requesting a minor subdivision for the property located at 1407 June Avenue South. He
referred to the site map and stated that this property has frontage on both June Avenue
and Alpine Pass. He stated that the proposal is to replat the property into three lots that
would allow for the construction for two new homes. The applicant is purchasing the
east one-third of Lot 8 and adding that to Lot 7 to allow for the creation of the two new
lots along Alpine Pass. He stated that the lots have severe slopes and that the
applicant has submitted a slope stability study, which the City Engineer has reviewed
and feels that with proper care, these lots can be developed.
Grimes stated that there was a variance granted to the property in the 1970's to make
the home legally non-conforming, which allowed a garage to be added within six feet of
the property line. He stated that there are a couple of encroachments with the driveway
and a fence, but felt that they didn't need to be addressed as part of this subdivision.
Eck asked if the applicants are buying a piece of Lot 9. Grimes stated that was
accomplished in 1966 and that there was probably a lot trade done at that time.
Minutes of the Golden Valley Planning Commission
September 24, 2001
Page 2
Pentel asked if Lot 19 on the June Avenue side of the property is going to be
developed. Grimes stated that there are several lots in that area that are going to be
developed.
McAleese referred to the existing legal non-conforming status of the property. He stated
he doesn't have any objections to subdividing with that status, but as a rule when
subdivisions occur everything has to conform and asked if a better approach would be
to handle this proposal as a variance rather than a subdivision.
Grimes stated that the Planning Commission could pass this proposal on to the City
Council indicating that there is a variance from the subdivision code because this home
doesn't meet the requirements of the zoning code, but that the property did receive a
variance in 1972 to allow the home to be constructed at that location.
Groger stated that the existing home has a fence along the north side that appears to
cross the lot line and asked if that is an issue. Grimes stated that fences aren't
considered a structure and that that is something that the owners can resolve.
Richard Bonnin, 110 West Grant Street, Minneapolis, Applicant, stated that he's been
trying to design the house so that there would be no need for variance requests.
Pentel opened the public hearing. Seeing and hearing no one Pentel closed the public
hearing.
Shaffer stated that he would like to add for the record that these homes would have to
meet City Code without any requests for variances.
MOVED by Eck, seconded by Hoffman and motion carried unanimously to approve the
request for the property subdivision at 1407 June Avenue South (Lots 7,8 & 18, Block
4 Tyrol Hills) with the understanding that the homes to be built on the lots on Alpine
Pass will not require any variances.
III. Informal Public Hearing - Conditional Use Permit (CU-89)
Applicant: Airport Taxi and Town Taxi
Purpose:
850 Florida Avenue South, Golden Valley, MN
The Conditional Use Permit would allow vehicle maintenance
services in the Industrial zoning district, in addition to the Permitted
Uses of administrative office functions and dispatching of vehicles.
Address:
Olson referred to his memo dated September 20,2001 and showed the location on a
site map. He stated that this site is zoned Industrial and that most of the uses the
applicant is proposing are considered permitted uses with the exception of minor
automobile repair and vehicle maintenance such as oil changes and tune-ups. He
Minutes of the Golden Valley Planning Commission
September 24,2001
Page 3
stated that the applicant has indicated that they would also like to do touch-up painting
of cabs and intend to do some exterior improvements to the building. Olson gave the
Commissioners copies of the applicant's parking plan and stated that Staff believes that
adequate parking for this site is being provided.
He stated he used office and warehouse calculations to calculate the parking need for
the site and that based on that, the site would require 52 parking spaces and the
applicant's proposal indicates 53 parking spaces.
Olson stated that the City Engineer and the City Code require the applicant to pave the
south side and the rear of the parking lot and to also provide concrete curb and gutter.
He referred to the eight conditions listed on page three of his memo.
Groger stated that he sees two major problems with the applicant's parking plan. One is
that they are showing stacked parking and two, is that they are showing seven parking
spaces on the street to meet the parking requirement. He asked if stacked parking was
in conformance with the City Code and stated that if they excluded the seven street
spaces there wouldn't be enough parking spaces on the site. Olson stated that Staff felt
that stacked parking on the south side would be adequate because they are using that
as a storage space for their newer taxis and it is not where the employees would park.
He stated that taking away the seven street spaces would require the applicant to
request a variance from the Board of Zoning Appeals because that would bring their
parking count down to 46 spaces from the required 52 spaces.
Grimes stated that Staff had just received the applicant's parking plan that night and
that they would need to see a parking plan where all the parking spaces are accessible
and meet the parking code or else they would need to request a variance. He stated
that if the Planning Commission thinks this proposal is a good use of the property, they
could pass their recommendation on to the Council with the condition that the number
of parking spaces would have to be approved by the Board of Zoning Appeals.
Rasmussen asked if it was possible to use the building for anything given the City's
parking requirements. Grimes stated that because they are requesting a conditional use
permit they have to either meet code requirements or get a variance from code
requirements. He stated that if the applicant were requesting a use that was permitted
they wouldn't have to make any changes to the site.
Eck asked if the curb and gutter would be around the entire perimeter of the parking lot.
Olson stated yes. Eck asked for clarification of point number five in the Deputy Fire
Marshal's memo. Grimes stated that it was referring to fire alarm systems and safety
lights.
Hoffman asked if the seven street spaces the applicant was proposing were required to
be daytime parking only or if overnight parking was allowed. Grimes stated that the City
doesn't allow applicants to count street parking spaces as meeting their parking
demand.
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September 24,2001
Page 4
Shaffer stated that the number of parking spaces seems to be the biggest issue and
that 46 spaces is not enough.
Pentel asked if the drivers would come to the site in their cabs or in their personal
vehicles. Olson stated that he's been told that the cabs are the property of, or leased to
the drivers and that except when the vehicles are being maintained they wouldn't be on
site.
Eck asked if Staff was recommending approval of this proposal. Olson stated that Staff
is recommending approval.
Rasmussen stated that the screening there now is in a state of disrepair and asked if it
was going to be fixed. Olson stated yes, the applicant wants to put new fencing in
around the site.
Pentel asked if the applicant decides to do spray painting and they don't use an
engineered painting system, if that would that be grounds for revoking the conditional
use permit. Olson stated yes, he thought it would be. Shaffer asked if they do decide to
put in a painting system if the applicant would have to come back for an amendment to
the conditional use permit. Olson stated that the Planning Commission could make that
a recommendation but as of now, the applicant has stated they only want to do touch-
up painting.
Basil Wissner, Executive Vice President/General Manager, Airport Taxi and Town Taxi,
8293 Mitchell Road, Eden Prairie, Applicant, stated that the vehicles are leased to
independent contractors and that they take them home and do not bring their personal
cars on the premises. He stated that as far as the painting system goes, if they decide
to put one in, it would be done through the proper channels, following City procedures.
He stated that they intend to paint the building, put in new fencing, and install new
HVAC equipment.
Pentel asked what areas Airport Taxi and Town Taxi serves. Wissner stated they
currently they have 74 licensed vehicles that serve all 7 metro county areas. Pentel
asked if the drivers have to stop in and drop off receipts. Wissner stated that on
Mondays, Tuesdays and Wednesdays drivers come in to drop off their receipts. Pentel
asked where Airport Taxi and Town Taxi is currently located. Wissner stated they are
located in St. Louis Park. Pentel asked where the taxis wait for their fares. Wissner
stated that currently they wait mainly at taxi stands, malls and hotels but that they are
working on a new computerized dispatch system, which will take the taxi stands away.
Rasmussen asked how long he thought the building would suit his needs. Wissner
stated they are looking at an eight-year lease agreement with two five-year options.
Groger asked how many local drivers they have right now. Wissner stated they have in
excess of 250 drivers. Groger asked how often the leased vehicles come back to him.
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September 24,2001
Page 5
Wissner stated that they've recently had approximately 30 vehicles come back due to
the airport business being way down.
Eck asked for clarification from the applicant on how many parking spaces they feel
they need. Wissner stated they have to follow what the City says, but he feels he would
need 25-30 parking spaces.
Shaffer asked if they were to stay in this location for eighteen years, how many parking
spaces would they guess they would need. Wissner stated he would guess he'd need
three times the number of spaces.
Groger stated that according to the applicant during the day they have 22 employees,
plus 250 taxis on Mondays, Tuesdays and Wednesdays coming and going, plus the 30
vehicles that are coming back due to the economic situation, plus the shipment of new
vehicles to replace the old ones. If all those numbers are added up there just isn't
enough parking on the site even if the proposed stacked parking was allowed.
Grimes asked how many spaces are available inside the building and if they would be
parking any of the vehicles inside. Wissner stated all the newer vehicles would be
inside.
Shaffer asked what would be going on in the warehouse area inside the building.
Wissner stated that would be where the maintenance of the vehicles would take place.
Pentel asked if the people leasing the cabs bring them to the site to be serviced.
Wissner stated yes. Pentel stated that would mean this would be a service garage for
250 vehicles. Grimes asked if the drivers are given a loaner car if theirs is being
serviced. Wissner stated yes. Groger asked how many loaner cars they have. Wissner
stated they have ten loaner cars available for the fleet.
Grimes asked if they ever have meetings with all the fleet drivers. Wissner stated when
they do that they rent a hotel, but they would have a small classroom on site for training
their drivers (up to 10).
Shaffer asked at any given moment how many vehicles would be on the site. Wissner
stated approximately 40-50 would be on the site at one time. Shaffer asked if half of
those would be inside the building. Wissner stated no, it would depend on how many
vehicles the fire marshal says they can have in the building.
Grimes stated that what he's hearing from the Planning Commission is that their
concern is that there needs to be enough parking spaces to meet their everyday
demands.
Pentel opened the public hearing.
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September 24,2001
Page 6
James Peters, 9145 Olson Memorial Highway, stated he worked for Mr. Wissner many
years ago as an independent contractor. He stated he has concerns in regard to
environmental issues and public safety. He stated that the drivers aren't always careful
as to what they do with the refuse after the vehicle has been maintained. He stated that
these types of operations are often dirty, greasy, oily and depressing.
He stated that unless this operation is to be radically different from what goes on in the
rest of the industry, he would not suggest that this would be the type of business that
Golden Valley would want to see. He stated he doesn't want to see taxi drivers
frequenting residential streets such as Louisiana, Glenwood, Laurel, and Xenia.
Pentel asked Mr. Peters what he meant when he said he was concerned about
environmental issues. Peters stated he was talking about trash, oil, grease and OSHA
concerns. He recommended checking with St. Louis Park on what their experience has
been with Town Taxi.
John Uss, 235 Nevada Avenue S., stated that he is concerned about the possibility of a
spray booth and the ventilation and its effect on residents and businesses nearby.
Pentel closed the public hearing.
Pentel stated that she assumed Boulevard Collision, which is in the same area, also
has a spray booth. Grimes stated there are two or three similar businesses in the area
and that he hasn't received any complaints. He stated that spray booths have to meet
state codes and that the inspections department and the fire department supervise
them so he doesn't have any issues concerning a spray booth.
Groger stated that he just doesn't see enough parking spaces on the plans and feels
that the City can't approve the use of street parking, so he can't support this proposal
unless there was some serious revision of the parking proposal and a better clarification
of how this will meet their needs.
Hoffman stated that an increase in traffic in the residential area would not be good.
Pentel stated she agreed with Commissioner Groger that the parking on this site is
inadequate.
Rasmussen stated that she would like to see an operation like this go in that site if it
weren't such an automobile intensive operation. She stated that this isn't a residential
area so traffic going through the area isn't a concern. She stated however, that the
parking plan that's been proposed is of great concern to her.
Grimes stated that any re-use of this building is probably going to have to receive a
parking variance sometime in the future. He stated there just isn't enough space on the
site to get 53 parking spaces to fit.
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September 24,2001
Page 7
Pentel agreed with Grimes and stated that if the use were less automobile intensive it
would make more sense to grant a variance. Shaffer stated that even beyond having
enough parking spaces, there is a circulation problem on the site.
MOVED by Shaffer, seconded by Groger and motion carried unanimously to deny the
Conditional Use Permit request based upon the inadequate number of parking spaces
and the lack of room for vehicle circulation.
IV. Informal Public Hearing - Conditional Use Permit (CU-90)
Applicant: Auto Point, Ltd.
Address: 9130 Olson Memorial Highway, Golden Valley, MN
Purpose: The Conditional Use Permit would allow for outdoor sales of used
automobiles in a Commercial zoning district.
Grimes referred to his memo dated September 19, 2001 and stated the applicant is
applying for a conditional use permit that would allow outdoor auto sales in a
commercial zoning district. He stated the applicant isn't planning to make any changes
to the building or the site at all. He stated that the applicant would like to have 30 cars
parked outside, but that he would feel more comfortable allowing 20 cars on the site.
He referred to the Deputy Fire Marshal's memo dated September 10 and stated that he
would like to make sure the fire lanes are left open.
Grimes stated this building is approximately 5,400 square feet in size and it meets the
parking requirements for the existing use but since the applicant is proposing to change
the use they would need to have more. He stated that there is no on street parking
allowed at this site. He referred to the letter submitted by the applicant, which explained
their hours of operation, how many visitors they expect in a day and how many
employees they have. Grimes stated the applicant isn't planning on installing any new
lighting, but he put in his recommendations that if they do add lighting to the site, it has
to be approved by the building official and turned down after 10 pm. He stated the
applicant has indicated that the cars will be new or late model cars, not junk cars.
Pentel asked if they are planning to use the bays shown on the plans to do any clean
up of the cars in the building. Grimes stated that they've indicated that they won't be
doing any clean up and that they contract that service out to a different company.
Shaffer asked if public safety is concerned about having another car dealership in that
area. Grimes stated that he hasn't talked to public safety about this proposal because
there had been a car operation there previously and there weren't any problems.
Rick Foreman, applicant, stated they are not seeking any variances and that his
proposal is in compliance with the zoning code and the comprehensive plan for Golden
Valley.
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September 24,2001
Page 8
Pentel asked where the business is currently located. He stated that they were formerly
located in St. Louis Park but that they are now located at 9130 Olson Memorial
Highway in Golden Valley and that they've already signed a lease for the property, they
are just waiting for approval on the conditional use permit before they can open for
business.
Pentel asked how many cars they would have to move through their business in a week
to support eight employees when there are only 20 cars on the lot. Foreman stated they
are also going to be seeking approval to add an indoor showroom to their lot, but stated
that this is not a high volume retail dealership and that they service a certain niche with
pre-order and special order cars for their customers.
Shaffer referred to the staff report where it mentioned that a portion of the sales are
done through the Internet and asked what percentage of the cars are actually on the lot.
Foreman stated that quite a few of the cars don't even come to the lot but are delivered
directly to the people that order them.
Rasmussen asked what the signs might look like and if there would be signs on the
cars. Foreman stated that they are going to use the existing pylon sign and that there
would be no balloons, banners or streamers.
Groger asked if they receive the cars individually or if they would be receiving a lot at
one time. Foreman stated that the cars are transported on car carriers and that they
would probably only receive a few at a time. Groger asked what the maximum number
of cars they've had on their lot at one time is. Foreman stated approximately 20 and
that quite a bit of their inventory is kept at a reconditioning facility in Minnetonka.
Groger asked if they are going to make any changes to the parking configuration.
Foreman stated they haven't thought about doing anything to reconfigure the parking.
Grimes asked when they receive the cars where the trucks park and how long it
typically takes to unload them. Foreman stated that the driveway is wide enough to
allow the truck to pull into the lot.
Pentel opened the public hearing.
Marlin Bloom, 9141 Olson Memorial Highway stated he objects to this car lot being
across the street from his home. He stated concerns about lights, flags and activity
being there that isn't there now.
James Peters, 9145 Olson Memorial Highway stated that due to the age and
configuration of the frontage road on the north side of Highway 55 he has concerns
about how this proposal would affect traffic. He stated he is happy that there will be no
signs or banners on the cars but that traffic is already congested at the Boone and
Highway 55 intersection and this would be an additional burden on that area.
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September 24, 2001
Page 9
Benjamin Pale, no address given, representing Minnetonka Auto Service stated he has
worked with Auto Point, Ltd. for a number of years. He stated there is a misconception
about this business. He stated that the cars come to his business where they are
unloaded, inspected and washed and that he would appreciate if the Planning
Commission would vote in favor of this proposal.
Pentel closed the public hearing.
Foreman responded to Mr. Peters concerns about traffic by stating that they would be
generating less traffic than the business that was previously there.
Groger stated that the staff report refers to the lighting being turned down at 10 pm and
asked that since the applicant's hours of operation are only until 7 pm, if the lighting
could be turned down earlier. Grimes stated that there should be some type of lighting
on for security purposes, but that they should be turned down at a reasonable hour.
Shaffer asked if the applicant has started the process of installing the fire sprinkler
system for the use of sales indoors. Foreman stated that they have started the process.
Grimes told the applicant that he might want to make sure that he has the approval of
the City Council for this conditional use permit before he goes to the expense of putting
in the fire sprinklers.
Groger clarified that the hours of operation would be from 9 am to 8 pm Monday
through Saturday, the lighting would be turned down after 8 pm and that there would be
no outside speakers used.
Pentel stated she is familiar with this type of automobile dealership and that these types
of operations are usually unnoticeable. She stated she is a little reluctant to see the
creeping of auto sales off of Highway 394 and onto Highway 55, but stated she realized
that a similar operation used to be located there and she doesn't have any issues with
this particular site.
Eck stated that if the conditions in the staff report are met, he as no objections to the
proposal.
MOVED by Groger, seconded by Hoffman and motion carried unanimously to approve
the request for a conditional use permit based on the following conditions:
1. The site be limited to the sale of 20 vehicles and that 15 spaces be designated for
employee and customer parking
2. All signage meets the requirements of the City's sign ordinance.
3. The recommendation of Deputy Fire Marshal Ed Anderson found in his memo to
Dan Olson dated September 10,2001 shall become a part of this approval.
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September 24, 2001
Page 10
4. No display of cars can take place in the building. The two claims bays may be used
for the temporary storage of two vehicles.
5. The Building Official shall approve any additional lighting of the site. Lighting shall be
turned down after 8 pm.
6. No more than 8 employees shall work at the site due to parking constraints.
7. The hours of operation for the sale of cars shall be limited to 9 am to 8 pm Monday-
Saturday. There shall be no sales of vehicles on Sunday.
8. No outside speakers shall be permitted on the site.
-- Short Recess --
V. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
Eck gave a report from the City Council Meeting held on September 19, 2001. He
stated that the Council voted to approve the request by Hidden Lakes Development,
which would allow the construction of six new homes on the peninsula. Pentel stated
that the City Council voted to continue their deliberations until September 25,2001 to
discuss park dedication, conservation easements and other details.
VI. Other Business
A. Presentation on Findings from Strategic Planning Session on Telecommunications
Ordinance.
Olson discussed the report done by Thibault and Associates that was generated from the
Strategic Planning Session held on July 9,2001. Shaffer asked what the next step in the
process is. Olson stated the next step is to have Thibault and Associates write up a draft
ordinance.
B. Review Attendance
Pentel asked where the Council stands on the Commission Guidelines that Mayor
Anderson and Council Member LeSuer discussed with the Planning Commission at the
March 5, 2001 Planning Commission Meeting. Grimes stated he would find out and let
the Commission know.
Eck discussed a roundtable meeting that he and Pentel attended at the City of
Richfield.
Pentel discussed the MNApa State Planning Conference that several of the
Commissioners attended. She informed the Commission that next year the conference
will be held in Minneapolis.
Minutes of the Golden Valley Planning Commission
September 24, 2001
Page 11
Olson stated that the HRA approved 12 units for the former Sheriffs Site property. He
stated that 4 units would be Habitat for Humanity homes and 8 units would be
affordable housing units and that Habitat for Humanity is going to give the City a
proposal for the project soon.
VII. Adjournment
The meeting was adjourned at 9:05 pm.